Terms and Conditions for Fastrax eStore Purchases

Information is Preliminary, Subject to Buyer Verification. Sold “As Is, Where Is” with no implied warranty or guarantee (unless otherwise stated in item description).

If you would like to inspect this item please contact us to make arrangements.

Buyer is responsible for all loading and shipping costs. Insurance is provided at the buyers request and at the buyers cost.

Minnesota buyers and buyers picking items up will be charged sales tax. Payment in full must be made within 2 days of bid closing. We accept PayPal. Funds must clear prior to item shipment.

Terms and Conditions for Fastrax eStore Purchases

ORCA Machine Tools, Inc.
TERMS AND CONDITIONS OF SALE

1. Price
   The price stated in ORCA Machine Tools, Inc.'s quote is based upon PURCHASER'S taking delivery of the goods described in the quote at the location specified therein. The price is exclusive, unless otherwise stated in the quote, of any and all costs associated with loading, unloading, transportation and taxes, which are the responsibility of the PURCHASER.

2. Payment Terms
   Net cash upon order or (1/3) deposit with order with balance due prior to shipment unless otherwise stated on ORCA Machine Tools, Inc.'s quotation or invoice. A service charge of 1-1/2% per month will be assessed on all accounts over 30 days past due if credit is granted. Title to the item(s) sold hereunder does not pass until paid in full.

3. Taxes & Assessments
   All taxes such as any federal, state and/or local use, sales and/or excise taxes, duties, imposts and/or any similar assessments which ORCA Machine Tools, Inc. is required to pay will be billed to PURCHASER as part of the selling price of the goods or separately and PURCHASER agrees to pay any and all such taxes and/or assessments.

4. Guarantee
   If any goods purchased at list or initially quoted price and from ORCA Machine Tools, Inc.'s own goods (goods owned and inventoried by ORCA Machine Tools, Inc. prior to the date of PURCHASER'S purchase order) prove to be mechanically and materially unsatisfactory, they may, with Orca Machine Tools, Inc.'s approval and provided the goods are returned in the same physical condition as when taken from ORCA Machine Tools, Inc., be returned to ORCA Machine Tools, Inc. within thirty days from date of shipment, freight prepaid and the purchase price will be refunded in full or the goods may be repaired to quoted condition prior to or after their return, at ORCA Machine Tools, Inc.'s discretion only. This does not apply to goods sold "as is", "where is" or "as inspected". Specifications are approximate, not binding and meant as a guide only. It is the purchasers responsibility to verify specifications and dimensions.

5. Warranty Disclaimer
   The goods described herein are preowned used goods and are offered "as is", unless otherwise stated on the face of Orca Machine Tools, Inc.'s quotation. Orca Machine Tools, Inc. 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 goods are approximate only. Orca Machine Tools, Inc. makes no representation or warranty that said goods conform to any specification, description or condition. It is PURCHASER'S responsibility to inspect the goods and to ascertain if the specifications, descriptions and condition of the goods conform to PURCHASER'S requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not Orca Machine Tools, Inc.

6. Claims
   Any and all claims for errors in merchandise must be made in writing immediately upon receipt of goods and no credit will be allowed on goods returned without Orca Machine Tools, Inc.'s permission. It is expressly agreed that PURCHASER'S sole and exclusive remedy for any claims arising under this agreement against Orca Machine Tools, Inc. shall be limited to returning the goods to Orca Machine Tools, Inc. for a refund of the purchase price, or, at Orca Machine Tools, Inc.'s sole option the goods may be repaired or replaced with conforming goods. IN NO EVENT SHALL ORCA MACHINE TOOLS, INC. BE RESPONSIBLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES. Orca Machine Tools, Inc. is in no way responsible for damage during trucking or handling, including freight charges.

7. Quotations & Acceptances
   Terms of Orca Machine Tools, Inc.'s quotations and/or proposals shall be accepted by the PURCHASER upon the issuance of a purchase order. By the issuance of a purchase order PURCHASER assents completely and exclusively to the terms and conditions herein. All proposals and acceptance of orders are made with the mutual understanding that orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays. All purchase orders accepted by Orca Machine Tools, Inc. shall be considered Minnesota contracts and shall be interpreted and administered for all purposes under the laws of Minnesota.

8. Machine Use & Safety
   PURCHASER acknowledges that the goods described herein are preowned (used) goods which were neither designed nor manufactured by Orca Machine Tools, Inc., nor does Orca Machine Tools, Inc. have any knowledge or control over the prior use or misuse of the goods or the future application of these goods by the PURCHASER. It is the PURCHASER'S (user's) responsibility to inspect all machinery, provide proper safety devices and equipment or means that may be necessary to safeguard the operator from harm for any particular use, operation, or set up, and to adequately safeguard the goods, or machines, to conform to all federal, state, and local government safety standards, and all industry safety standards, including the Safety and Health Act of 1970.

9. Inspection
   Purchaser shall have the right to inspect the merchandise at the place of shipment prior to time of shipment.

10. Title
    Title shall not pass to Purchaser with delivery of the above personal property, but shall remain vested in Orca Machine Tools, Inc. until the purchase price is paid in full.

11. Waiver-Indemnification
    PURCHASER hereby (1) waives, releases and discharges any and all claims (with the exception of claims for breach of this agreement) of any and 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 Orca Machine Tools, Inc., its agents or employees, by reason of or arising out of any condition or defect of 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 Orca Machine Tools, Inc., 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 Orca Machine Tools, Inc. 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 claimed improper design or manufacturing defect or other defect of the goods sold hereunder, or any claimed inadequate or insufficient safeguards or safety devices, or warnings.

12. General
    All machines are offered "as inspected", subject to prior sale and for acceptance within ten days from date of quotation, unless otherwise stated therein. Prices are subject to change without notice and PURCHASER'S purchase orders are not subject to cancellation except by written mutual consent. As used herein, the term "goods" means machines, machine tools, equipment and/or any other associated items sold by Orca Machine Tools, Inc. in its normal course of business.

13. Entire Agreement
    These terms and conditions, together with the provisions contained on the reverse side hereof, are intended by Orca Machine Tools, Inc. and PURCHASER 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 Orca Machine Tools, Inc. All prior conversations and representations with reference to this subject matter are superseded by this agreement. Orca Machine Tools, Inc. shall not be bound by any terms of PURCHASER'S purchase order forms or other documents which attempt to impose conditions at variance with Orca Machine Tools, Inc.'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 Orca Machine Tools, Inc. Orca Machine Tools, Inc. objects to provisions contained in PURCHASER'S forms which are different or in addition to the terms herein. PURCHASER'S purchase order is accepted expressly conditional on PURCHASER'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 PURCHASER'S accepting or retaining possession of the goods described herein.

Orca Machine Tools, Inc. form no. 1010