Terms and Conditions - Sierra Victor Industries

SPECIFICATIONS:

NEW MACHINERY

Specifications listed are based on the manufacturer’s representation and are subject to change without notice. The information presented in the write ups and the photographic representations of the equipment on this web site are believed to be accurate at the time the pages are created. Sierra Victor Industries will not be held responsible for any item in which the specifications of the actual item vary from the specifications listed herein.

USED MACHINERY

Specifications of used machinery are based on available catalogs and brochures, as well as information from the manufacturer, wherever possible, and/or visual inspection. Sierra Victor Industries will describe the item to the best of its abilities and in accordance with the available information. All specifications of used equipment are subject to verification. Sierra Victor Industries will not be held responsible for any discrepancies in nomenclature, weights and measurements. Prospective purchasers are urged to physically inspect the item they wish to purchase.

WARRANTIES:

NEW MACHINERY

New machinery is sold with the manufacturer’s warranty which, if not noted on the descriptive listing, will be furnished on request. In addition, there are no warranties, expressed or implied, as to the merchant-ability, or fitness for any particular purpose made by Sierra Victor Industries in connection with the sale of the item on either the quote or the invoice.

USED MACHINERY

Used machinery is sold with a 30 day return privilege, unless otherwise indicated. The 30 day return privilege is as follows: “Sierra Victor Industries will accept within 30 days from shipment any used machinery sold with the return privilege, freight prepaid, for a refund of the purchase price, if proven mechanically unsatisfactory, provided it is in the same condition as when shipped from Sierra Victor Industries. Or, Sierra Victor Industries reserves the option to repair the item on the buyer’s premises in lieu of returning it.” Items sold “as is “ carry no return privilege. In addition, there are no warranty's on either new or used machinery, expressed or implied, as to the merchant-ability, or fitness for any particular purpose made by Sierra Victor Industries in connection with the sale of the item on either the quote or the invoice. Machines purchased by Sierra Victor Industries from third parties to fill a purchaser’s order do not carry a warranty unless specifically given by the third party seller.

MACHINE USE & SAFETY:

Purchaser acknowledges that the items being offered for sale, both pre-owned (used) as well as new, were not designed nor manufactured by the seller; nor does the seller know the specific application of these goods by the buyer, nor of alterations or modifications made by former owners. Therefore, it is the buyer’s (user’s) responsibility to provide proper safety devices and equipment to safeguard the operator from harm for any particular use, operation, or set up, and to adequately safeguard the machine, or machines, to conform to all federal, state and local government safety standards and all industry safety standards, including but not limited to the Occupational Safety & Health Act.

INDEMNIFICATION:

Purchaser agrees to indemnify, hold harmless, and defend Sierra Victor Industries from and against any and all claims, liabilities, judgments, costs, damages of any kind or nature, or lawsuits arising out of the use, or in any way involving injury or accident occasioned by the use of said products or goods in any manner or form. Said agreement includes, but is not limited to, the duty to indemnify, hold harmless, and defend seller in any of the following situations: (1) claims involving or alleging improper or negligent design, maintenance, construction, reconstruction, repair, alteration or modification of the equipment by Sierra Victor Industries, its agents or employees. (2) claims involving or alleging breach of any implied warranty of merchant-ability, fitness for purpose, or safety of the products. (3) claims involving allegations of failure, negligent or otherwise, on the part of Sierra Victor industries to equip said equipment with safety devices as required by federal, state or local government statutes, rules or regulations, or as is customary in the trade. (4) claims involving or alleging negligence Sierra Victor Industries either alone or jointly with purchaser or any other person, firm or organization, and (5) claims based upon strict liability or products liability. Purchaser specifically agrees to indemnify, hold harmless, and defend Sierra Victor Industries from any and all claims alleging negligence on the part of Sierra Victor Industries from any and all claims based upon strict liability or products liability and waivers benefit of nay laws, rules, or regulations contrary to, or in limitation of this agreement. The covenants expressed herein shall be severable, and the invalidity, now or in the future, of any of the covenants recited herein shall not affect the validity of the remaining convents.

QUOTATIONS & ACCEPTANCES:

The items being offered herein are subject to prior sale and are intended for immediate acceptance. By electronic purchase, or by the issuance of a purchase order, purchaser accepts completely and exclusively the terms and conditions herein, which constitute the entire contract. Seller shall not be bound by any other terms contained within the buyer’s purchase order or any other document which attempts to impose conditions at variance with seller’s terms and conditions, unless said variance is specifically agreed to in writing. All orders are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only and is conditional upon delays, non-performances occasioned by strike, fires, or other causes beyond our control. This agreement shall be a Sierra Victor Industries contract and shall be interpreted and administered for all purposes under the laws of the State of Florida.

PAYMENT TERMS:

1. Terms of payment are in full with order and before shipment/removal of goods, unless otherwise agreed to in writing.
2. Sierra Victor Industries accepts VISA, Master Card, Discover, and American Express.
3. Money orders, cashiers checks, or certified checks must be made payable to Sierra Victor Industries and sent to:

   Sierra Victor Industries
   610-B Oak Place
   Port Orange, FL 32127
   NOTE: It is advisable that you mail your checks by either USPS Express Mail®, UPS Next Day Air®, or FedEx Priority Overnight® to insure timely and verifiable receipt. For all purchases over $5,000.00 USD, a preferred method of payment is bank wire transfer in order to avoid unnecessary fees and/or charges. Contact Sierra Victor Industries for wire transfer information.

4. Leasing/Financing: For buyers wishing to lease or finance their purchase, we have provided third party lender links for your convenience. Sierra Victor Industries is in no way affiliated with any of the leasing companies, finance companies or banks listed in the financing section of our web site. Buyers will deal directly with the lender of their choice and will be subject to that company’s terms and conditions. Sierra Victor Industries does not receive any compensation whatsoever for listing these lenders on this website.
5. All Florida purchasers will be liable for Florida sales tax.

CANCELLATIONS:

Should an order be cancelled prior to shipment, purchase money will be refunded less a 3% service charge. If an item has been packaged or crated , those charges will also be deducted from the refund monies. For any order cancelled after shipment, and prior to delivery, purchaser will be responsible for all applicable shipping charges, including but not limited to return freight charges, and a 25% restocking fee, providing the item is in the same condition as when it was shipped.

CLAIMS:

In the event of any breach of sales agreement by the Seller, it is expressly agreed that the buyer’s sole and exclusive remedy shall be limited to a return of the item, freight prepaid, for a refund of the purchase price only. Seller shall not accept, for refund, items damaged or altered in any way. Any litigation involving any and all claims must be litigated in the State of Florida, County of Volusia, and subject to Florida Law.

SHIPPING POLICIES:

SHIPPING FROM THE MANUFACTURER

1. All items shipped direct from the manufacturer are shipped under the manufacturer’s customary shipping policies and whatever shipping and handling charges are incurred by Sierra Victor industries from the manufacturer will be passed on to the buyer. Freight quotations are to commercial addresses only in the lower continental United States. Residential deliveries and/or deliveries requiring lift gate service are subject to additional charges by the delivering carrier.
2. If Free Freight is indicated for items shipped via common carrier, free freight is to commercial addresses only in the lower continental United States. Residential deliveries and/or deliveries requiring lift gate service are subject to additional charges by the delivering carrier.

SHIPPING FROM SIERRA VICTOR’S FACILITY

1. All items shipped from Sierra Victor’s facility are shipped FOB Port Orange, FL.
2. Sierra Victor Industries will make the final decision as to the best method of shipment to insure the that the item arrives in good condition. This includes parcel carriers, common carriers, and open flatbed trucks.
3. The purchaser is solely responsible for making all shipping arrangements. However, at the buyer’s request, Sierra Victor Industries will assist in arranging for freight. Sierra Victor Industries will attempt to provide the lowest quote possible. Any item that ships via common carrier in which the purchaser seeks assistance from Sierra Victor Industries in arranging freight, Sierra Victor Industries will recommend that the purchaser take the common carrier’s additional insurance for that shipment up to the item’s purchased value. If the purchaser waives the insurance, purchaser will not hold Sierra Victor Industries liable for any damages or claims made against the common carrier. It will be buyer’s responsibility to pursue any claims against said common carrier.
4. All open flatbed shipments will be LTL (Less Than Truckload) unless otherwise specified by buyer.

SHIPPING FROM THIRD PARTY PREMISES

USED items sold and shipped from a third party facility, are sold as is, where is, in place, unless otherwise specified, and it is the buyer’s responsibility to arrange for loading and shipping. Sierra Victor Industries will assist the purchaser when requested. All costs are born by the buyer.

HANDLING / CRATING CHARGES

1. Handling charges are billed as follows:

   • Items weighing up to 25 pounds will have a handling charge of $7.50.
   • Items weighing from 26-75 pounds will have a handling charge of $15.00
   • Items weighing from 76 to 150 pounds will have a handling charge of $50.00
   • Items weighing over 150 pounds that require crating for common carrier will start at $75.00 and up, depending on the weight and dimensions of the items
2. Large items must be shipped on open flatbed truck.
3. For items being shipped outside of the Continental United States, purchaser is responsible for providing a customs broker to handle the necessary documentation. Sierra Victor Industries will assist in securing a customs broker on a case by case basis.
4. Risk of Loss (When Purchaser Pays For Freight): Upon delivery to a carrier for shipment of an item to a buyer, the risk of loss shall pass to that buyer. Thereafter, the carrier shall be deemed to be acting for and on behalf of the buyer. The terms of payment for the equipment for the item shall not be affected by damage to or destruction of the item sold.
5. Damages Re Free Freight: Any items shipped with Free Freight should be thoroughly inspected by the purchaser upon receipt. Should there be visible damage to the packaging or crating, the damage should be noted on the form the driver gives you to sign. If you fail to do this and upon opening the crate the damage is more substantial that it appeared to be, and you to wish to make a claim, there is little that can be done for you. If you receive a package or crate which appears to be intact and when you open it there is hidden damage, you have 15 days in which to contact the delivering carrier.
   If severe damage is present, call Sierra Victor Industries and refuse the shipment.

RETURN POLICY