I. Retention of Ownership
1. The delivered merchandise shall remain the property of Three Rivers Machinery until all our claims in connection with the transaction with the Customer have been settled (Conditional Product). In case of payments on account, the conditional merchandise shall be the security for outstanding balances.
2. The Customer shall notify TRM promptly about any liens or other attachments to our rights by third parties.
3. In case of Customer’s default in payment, we have the right to take back the Conditional Products. Such action does not present a withdrawal from the sales agreement.
1. TRM makes no warranties to certain features and characteristics, in particular, the fitness for a particular purpose, unless expressed written warranties of such features have been made.
In no event shall TRM be liable for indirect, special, incidental or consequential damages of any kind, including but limited to damages due to negligence or any actions tort, however, notwithstanding our liability for intentional acts and gross negligence by our corporate agents or officers as well as our liability for expressly warranted features.
Terms and Conditions of Sale
1. Taxes- All prices are exclusive of Federal, State, local and local and other excise, sales, use, property, transportation, occupational and other taxes relating to the sale, now or hereafter imposed, and whether or not such taxes are stated in any quotation relating to the sale, together with penalties and expenses, all of which shall be paid by the Purchaser. Purchaser shall be responsible for collecting and/or paying any and all such taxes whether or not they are stated in any quotation or invoice for Products shipped and shall indemnify Seller with respect thereto. Seller, at its option, may, at any time separately bill Purchaser for any taxes not included in Seller’s invoice.
2. Shipment- The designated shipment date for Products represents Seller’s best estimate. Every effort will be made by Seller to ship within the time established but due to the nature of Seller’s undertaking, notice is given that no liability shall attach or accrue for delayed performance or shipment. Seller has no liability for failure of performance of any order due to any event or condition beyond it’s reasonable control (including but not limited to fire, strike, lockout, labor disputes, accidents, war conditions, government regulations and restrictions or labor or material shortages or prohibitions, riot, civil commotion, insurrection, or events which render performance difficult or impossible), none of which acts, events or conditions shall create any liability on Seller.
WARNING- It is the Purchaser’s responsibility to provide all proper devices, tools and means that may be necessary to effectively protect all personnel from serious bodily injury which otherwise may result from the method of particular use, operation, set-up, or service of the machinery.