Terms and Conditions

Thompson Machinery Sales, Inc. Terms and Conditions

1. The Seller reserves the right to accept or reject this order and shall not be required to give any reason for non-acceptance.
2. If financing terms are required on this order, Seller’s acceptance is subject to the approval of the Lender. If financing terms are required, Purchaser hereby agrees to execute any security agreement and any financing statement required by Lender, and authorizes Seller to execute any such documents in Purchaser’s name.
3. This order, when accepted by Seller, shall become a binding contract, but performance shall be conditioned upon and subject to strikes, lockouts, accidents, fires, delays in manufacture or transportation, supply shortages, acts of God, embargoes, governmental action or any other causes beyond the control of the Seller whether the same as, or different from, the matters and things hereinbefore specifically enumerated and any of said causes having an adverse effect on Seller’s ability to perform shall absolutely absolve the Seller from any liability to the Purchaser under the terms hereof.
4. Title to and right of possession of said product(s) shall remain vested in the Seller until all indebtedness and all sums due or to become due from the Purchaser, whether evidenced by note, book account, judgment, or otherwise, shall have been fully paid, at which time title shall pass to the Purchaser. All accounts are due and payable by the 10th of the month following month of purchase. 1 ½ % late charge on overdue accounts per month.
5. The Seller’s responsibility for shipments ceases upon delivery to a transportation company, and any claims for shortages, delays or damages occurring thereafter shall be made by the Purchaser to the transportation company. Any claims against the Seller for shortages in shipments shall be made within fifteen days after delivery by the transportation company to the point of delivery.
6. The Purchaser agrees that this order shall not be countermanded by him, and that when it is accepted (and until the execution and delivery of the contract or contracts and note or notes required to consummate the sale as above specified) it will incorporate all agreements between the parties relative to this transaction, and that the Seller is not bound by any representatives or terms made by any agent relative to his transaction which are not contained herein. This order shall not be binding upon the Seller until it is duly accepted in writing by an authorized official of the Seller. Any changes or modifications to this contract shall be made in writing and signed by both the Seller and Purchaser.
7. When the products necessary to fill this order have been appropriated to this contract, the Purchaser agrees on demand to execute and deliver to the Seller the notes and contracts required by the Seller to evidence the transactions. In the event the Purchaser fails to execute and deliver said notes and contracts to the Seller, the entire balance of the purchase price shall upon Seller’s tender of performance and at the Seller’s option become immediately due and payable.
8. This contract is to be governed in accordance with the laws of the State of Nevada.
9. It is understood and agreed that the purchaser forever holds the seller harmless for all injuries to persons and damage to property arising out of ownership and or use of any equipment sold to buyer by seller.
10. Operator training and safety inspections are customer’s responsibility.

The Purchaser acknowledges and agrees that this order contains all agreements between the Purchaser and the Seller, and they are hereby accepted by the Purchaser. The Purchaser further agrees and acknowledges that no verbal contract, agreements or warranties other than what is written in this order have been received or given, and signature on the order by the Purchaser acknowledges this fact.

Exclusion of Product Warranty

1. EXCLUSION OF WARRANTIES: Thompson Machinery Sales, Inc., as Seller and the above Purchaser, agree that no express warranties and no implied warranties, whether of merchantability of fitness for any particular use, or otherwise, other than those as expressly set forth on the reverse side hereof which are made expressly in lieu of all other warranties, shall apply to products sold by us, and no waiver, alteration, or modification of the foregoing conditions shall be valid unless made in writing and signed by an authorized officer of Thompson Machinery Sales, Inc. Purchasers are warned that the equipment should be examined before use to determine whether or not the equipment is in compliance with the federal occupational safety and health act of 1970 and is safe for its intended use. Thompson Machinery Sales shall not be responsible for the purchaser’s failure to examine the purchased equipment and to perform any repairs before placing the equipment in service.
2. The Purchaser further agrees that his SOLE and EXCLUSIVE remedy, if any, against Thompson Machinery Sales, Inc., shall be as contained in the warranty hereof. Purchaser acknowledges that he has read, understands and accepts the terms contained herein. The Purchaser agrees that no other remedy (including, but not limited to, claims for INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE WHATSOEVER or INJURY TO PERSON or PROPERTY or ANY OTHER CONSEQUENTIAL, ECONOMIC or INCIDENTAL LOSS) shall be available to him.