TERMS and CONDITIONS
These Terms and Conditions of Sale and any attachments govern the sales of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorized representative of each party, as part of or modification to the quotation.
Atrump Machinery, Inc. will see to it that reasonable means will be exhausted to meet the shipment dates quoted, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Deliveries are F.O.B. Atrump Machinery, Inc. shipping dock and the prices quoted do not include freight or insurance. Machines are shipped on skids (Metal or wood – Our choice). Their will be an extra charge for any alterations, like Creating, or boxing of shipments. When shipping outside the USA, creating or boxing maybe required, please let us know at time of the machine tool order. If buyer chooses to contract their own freight carrier, title and risk of loss shall pass to buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the buyer, Atrump Machinery, Inc. will select the common carrier. Buyer shall be responsible for any freight charge and any insurance charge. Buyer is responsible for lowering machine off the truck or indicating proper delivery instructions with Atrump Machinery, Inc. Misinformation given to Atrump Machinery, Inc. regarding proper delivery instructions, and as a result extra shipping fees are incurred, these fees will pass on to the Buyer. If the products are shipped freight prepaid, the buyer shall pay Atrump Machinery, Inc. the appropriate freight and insurance charges, which will be shown as separate items on the invoice. Allow 2-3 weeks from purchase date and/or check clearance to ship out product. Delivery of product date will depend on the reasonable means of the carrier and the distance of the drop-off location. In certain cases additional time may be needed for holidays and weekends. Atrump Machinery, Inc. will make every attempt to keep the buyer informed prior to making a purchase if additional time is needed. Atrump Machinery, Inc. WILL ONLY REFUND THE BUYER FOR LIFT-GATE AND/OR RESIDENTIAL DELIVERY IN THE EVENT THE CARRIER HAS FAILED TO PROVIDE THESE ADDITIONAL SERVICES THAT WERE PRE-PURCHASED FROM THE BUYER. IN THE EVENT THE BUYER CHOOSES TO PICK UP PRODUCTS OR MACHINE AT CARRIER'S DROP OFF LOCATION "AFTER" PURCHASING LIFT-GATE AND/OR RESIDENTIAL SERVICE-BE AWARE THAT A REFUND WILL NOT BE GIVEN BY THE CARRIER OR ATRUMP MACHINERY, INC. AS THE ORDER FOR THESE SERVICES HAS BEEN PRE-PAID AND ARE INCLUDED IN THE CARRIER'S ITINERARY FOR DELIVERY. IF THE BUYER CHOOSES TO PICK UP AFTER PURCHASING SAID ADDITIONAL TRANSPORTATION SERVICES, THE BUYER WILL RELEASE ATRUMP MACHINERY, INC. AND CARRIER FROM ANY LIABILITY ONCE THE BUYER OBTAINS THE MACHINE.
Part shipping under warranty terms is performed at Atrump Machinery, Inc. digression of shipper and expedited by “Ground” or USPS Regular Mail Service. Faster service may be requested and paid for by the buyer, and is subject to Net 5 day terms or pre-paid.
3. DAMAGE AND SHORT SHIPMENT
In the event products are received damaged, keep all packaging material and contact both the carrier and Atrump Machinery, Inc., in writing, within THREE working days. In the event that any machine sold or shipped by Atrump Machinery, Inc. is noticeably damaged, this may include broken crating or torn wrap, the buyer MUST indicate in writing on the driver's release records: "SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED." This will give the buyer time to unwrap or uncrate the machine for inspection. The buyer should also take additional precautions by taking pictures of the noticeable damage prior to examining the machine. Signing the driver's form without adding this statement will release the driver or the shipping company from taking responsibility for any damage caused to the machine. Atrump Machinery, Inc. in this case cannot help the buyer to file a claim to recover the loss of the machine. If the machine without doubt is visibly damaged, refuse to accept the machine on the grounds that it is damaged. Please call Atrump Machinery, Inc. immediately at: 909-623-6887 to file a claim. Please allow for dings and possible corner cracks on crates, which is normal wear and tear that may happen during transportation.
4. PRICES, TAXES, AND PAYMENT
All prices are per unit (except where indicated) are in U.S. dollars, F.O.B. Atrump Machinery, Inc. Pomona, California, U.S.A. All prices are subject to change without notice. Taxes, such as Federal, State, or local, which is the obligation of sales company to collect in connection with the sale or delivery of products described on any attachment shall be paid by buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with the sales company of record and Atrump Machinery, Inc. (Please send certificate with first order.) All orders are pre-paid, F.O.B. Atrump Machinery, Inc. Pomona, CA. 91768. Atrump only collects taxes in the state of California. Buyers assume all responsibility to collect, pay and apply all taxes, fees or charges incurred in the state they are in. Buyer needs to pay all of these fees (if any). This document, Terms and Conditions, does not apply to International Orders.
A "Return Merchandise Authorization" (RMA) number must be issued by Atrump Machinery, Inc. prior to the return of any goods. Goods returned are to be referenced by this number, or they will not be accepted. All returns are to be sent to Atrump Machinery, Inc., freight prepaid. All re-stock items are subject to a 5% re-stocking fee. Returned items after 30 days are not allowed. Returned items must be clean, and remain in new condition. Proper packaging for shipping will be the responsibility of the customer for any goods returned within 30 days from the date the machine or products are received. A refund will be given after inspection has been made and goods remain in new condition and are not damaged. If there is any visible shipping damage to the machine, Atrump Machinery, Inc. will refuse to accept the machine or other accessories from the carrier. All claims for this matter shall pass on to the buyer to be dealt with the carrier he/she has hired. Any shipping costs (including discounted or free shipping in some cases) incurred by Atrump Machinery, Inc. additional shipping, and/or crating charges will be subtracted from the refund. If the buyer discovers that he/she has missing accessories that were purchased, the buyer must notify Atrump Machinery, Inc. within THREE business days. Software is not refundable, and will not be credited if a machine is returned for any reason.
6. LIMITATION OF WARRANTY
Atrump Machinery, Inc. products are guaranteed for one year limited parts warranty, from receipt of the machine to your facility, even if you do not set-up the machine, in a timely fashion, for defects due to faulty material and bad workmanship. Warranty does not cover normal wear, misuse or consumable items. Atrump Machinery, Inc. warrants that the CNC Control/software will perform in accordance to the written materials for this product and the warranty terms and conditions within the control manufactures written information. Atrump Machinery, Inc. warrants the labor warranty to be 90 days from receipt of the machine, to your facility and extension onsite warranty could be purchased from Atrump as an optional service. The obligation of Atrump Machinery, Inc. after 90 days under this warranty are limited to replacing parts or repairing parts at Atrump’s option and at Atrump’s factory, said products which shall, within one year after delivery to the customer, be returned to the Seller's factory of origin, transportation charges prepaid and which are, after examination determined to be defective.
Atrump Machinery, Inc. offers onsite repair work for some items. The on-site repair work is determined at the time, of problem being reported, to weather on-site repairs may be attempted. Items not attempted to be repaired on-site must be sent to the factory of its origin, Atrump Machinery, Inc. will instruct and support the user on any repairs that may be needed at user's location.
Atrump Machinery, Inc. authorized dealers, may offer more extended labor warranties, contracted by that sales company directly. The reseller of Atrump Machines, sales contract will supercede the labor terms in this agreement.
Atrump Machinery, Inc. will see to it that labor warranty is provided by the control manufacture, for any control related issues, as specified under the terms and conditions of the control manufacture. Atrump Machinery, Inc. does not provide training or develop the customer's machining programs.
This Warranty shall not apply to any of such products which has been repaired or altered, except by the Seller or its authorized centers or which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended. It is this warranty which is expressed instead of all other warranties: statutory, expressed, and implied including the implied warranties of merchantability, any particular purpose, and all other obligations or liabilities on the Seller's part. In addition, it will never assume or authorize any other person to assume for the seller any other liabilities in connection with the sale of said products. Buyer further represents and acknowledges that Atrump Machinery, Inc. has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of equipment, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall Atrump Machinery, Inc. be liable for incidental or consequential damages (Including strict liability in tort). Atrump Machinery, Inc. shall not be liable to Buyer, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly.
7. SAFETY PRECAUTIONS
Buyer shall require employees to use all safety devices, guards and proper safe operating procedures as set forth in manuals and instruction sheets furnished by Atrump Machinery, Inc. Buyer shall not remove or modify any such device, guard or sign. It is Buyer's responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save Atrump Machinery, Inc. harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of Buyer to comply with any and all local codes.
8. DESCRIPTIONS OF EQUIPMENT
All weights given are estimates, stated as correctly as possible and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice. ATRUMP MACHINERY RESERVES THE RIGHT TO DISCONTINUE ANY MODEL OR CHANGE THE SPECIFICATIONS AT ANY TIME WITHOUT NOTICE. NO DISCONTINUANCE OR CHANGE SHALL CREATE ANY LIABILITY ON THE PART OF ATRUMP MACHINERY.
This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.
10. GOVERNING LAW
This agreement shall be construed in accordance with the laws of the State of California; USA will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from Atrump Machinery, Inc. hereunder shall be subjected to the jurisdiction of the courts within the State of California, Court of Pomona, California, regardless of the location where the dispute work or activity occurred. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions. The Buyer agrees to pay all legal costs of both plaintiff and defendant, even if a judgment is rendered, in favor of the plaintiff.
11. MERGER CLAUSES
The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorized officer of Atrump Machinery, Inc. in a document making specific reference to this transaction or after a transaction has been made
ALL QUOTATIONS AND ORDERS ARE SUBJECT TO THE FOLLOWING TERMS & CONDITIONS:
• ALL ORDERS ARE SUBJECT TO FINAL ACCEPTANCE BY ATRUMP MACHINERY, INC.
• PRICES ARE SUBJECT TO FINAL CONFIRMATION AT THE TIME OF PLACING AN ORDER.
• SPECIFICATIONS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
• PLEASE CALL OUR OFFICE FOR EQUIPMENT AVAILABILITY (TOLL FREE: 877-4-ATRUMP)
• SPECIAL ORDER MACHINES ARE SUBJECT TO A 25% DEPOSIT. 10% PENALTY CHARGE, OF MACHINE PRICE, WILL BE CHARGED IF ORDER IS CANCELLED.
• ATRUMP MACHINERY, INC. SHALL RETAIN TITLE TO ALL EQUIPMENT UNTIL THE PURCHASE PRICE HAS BEEN PAID IN FULL.
• PURCHASER IS RESPONSIBLE FOR CONFIRMING TERMS OF PAYMENT, FINANCING OR CREDIT ARRANGEMENTS PRIOR TO SHIPMENT OF MACHINE.
• ALL APPLICABLE FREIGHT, RIGGING, FEDERAL STATE OR LOCAL SALES TAXES SHALL BE PAID BY PURCHASER, AND ARE IN ADDITION TO PRICE QUOTED.
• BROCHURES AND LITERATURE ARE SUBJECT TO CONSTANT DESIGN IMPROVEMENT AND ARE NOT BINDING IN DETAIL.