Victory Machinery Exchange, Inc.

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  Terms & Conditions

Shipping: All machines are quoted F.O.B Truck, unless otherwise specified on Victory’s quotation or invoice. Skidding included, crating quoted upon request.

Terms: 1/3 Deposit with order, Balance due prior to shipping. Unless otherwise arranged.

30 Day Return Privilege: Every machine offered from our stock, unless sold on an "as-is" basis, is guaranteed to be mechanically satisfactory to the purchaser or returnable in the same condition as shipped, freight prepaid, within 30 days from date of shipment, for a complete refund, or repair at our option.

Warranty Disclaimer: The goods described herein are pre-owned used goods. Victory makes no warranties of any kind whatsoever, express, or implied, and all implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed and excluded from this agreement. All specifications and descriptions of said good are approximate. Victory makes no representation or warranty that the said goods conform to any specifications, descriptions or condition. It is the buyer's responsibility to inspect the goods and to ascertain if the specifications, descriptions and condition of the goods conform to the Buyer's requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not Victory.

Claims: Any and all claims for errors in merchandise must be made in writing immediately upon receipt of goods: no credit will be allowed on returned goods without our permission. It is expressly agreed that the Buyer's sole and exclusive remedy for any claims arising under this agreement against Victory shall be limited to return of the goods, freight prepaid, and repayment of the purchase price, or to repair or replacement of the goods at Victory's option. In no event shall Victory be responsible for consequential damages.

Quotations and Acceptances: Terms of the proposal shall be accepted by the Buyer upon the issuance of purchase order. By the issuance of a purchase order, Buyer assents completely and exclusively to the terms and conditions herein. All proposals and acceptances of orders are made with the mutual understanding that the orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays. This agreement shall be an Illinois contract and shall be interpreted and administered for all purposes under the laws of Illinois.

Machine Use and Safety: Buyer acknowledges that the goods described herein are pre-owned (used) goods which were neither designed nor manufactured by Victory, nor does Victory have any knowledge or control over the prior use or misuse of the devices and equipment to safeguard the operator from harm and to abide by all federal, state, and local government safety standards, and all industry safety standards.

Title: Title shall not pass to the Purchaser with delivery of the above personal property, but shall remain vested in Victory until the entire purchase price is paid.

Waiver-Indemnification: Buyer herby (1) Waives, releases and discharges all claims (with the exception of claims for breach of this agreement) of every kind (including but not limited to injury or death of any person or damage to property), which it may have at any time against Victory, its agents or employees, by reason of or arising out of any condition or defect or the goods sold hereunder, including but not limited to any claimed improper design, specifications or manufacturing defect of goods sold hereunder, or devices; and (2) covenants to indemnify and hold harmless Victory, its agents and employees of, from and against any and all loss, damage, expense, claims, suits, costs of defense, including attorneys; fees or liability which Victory or any of its employees may sustain or incur at any time for or by reason of any injury to or death of any person or persons or damage to any property, arising out of any condition or defect of the goods sold hereunder, including but not limited to improper design or manufacturing defect or other defect of the goods sold hereunder, or any claimed inadequate or insufficient safeguard or safety devices, or warnings.

Entire Agreement: These terms and conditions are intended by Victory and Buyer to be a complete and exclusive statement of the terms of the agreement, and such agreement may not be modified, amended or waived except by a writing executed after the date hereof by an authorized officer of Victory. All prior conversations and representations with reference to this subject matter are superseded by this agreement. Victory shall not be bound by any terms of Buyer's purchase order forms or other documents which attempt to impose conditions at variance with Victory's terms and conditions of sale set forth herein unless the same shall be specifically agreed to in writing by a duly authorized officer of Victory. Victory objects to provisions contained in Buyer's assent to the terms and conditions herein, as the complete and exclusive statement of the terms of this agreement, which assent shall be manifested by Buyer accepting or retaining of the goods described herein.