Engage Machinery - Customers

Pre-Owned Machinery – Terms & Conditions

PAYMENT TERMS: Payment in full prior to shipment, unless otherwise mutually agreed upon. A service charge of 1-1/2% per month will be assessed on accounts over 30 days past due.

2.) TAXES: All sales are subject to applicable federal, state, and local use, sales and excise taxes which the buyer agrees to pay, and which maybe billed as part of the selling price, or separately, if the seller is required by any taxing authority to collect and pay such a tax.

3.) 30 DAY RETURN PRIVILEGE: Unless otherwise stated, every machine offered from our stock is guaranteed to be mechanically satisfactory to the purchaser or returnable in same condition as shipped, freight prepaid, within 30 days for a complete refund.

4.) WARRANTY DISCLAIMER: The goods described herein are pre-owned used goods and are offered "as-is." Seller 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. Seller makes no representation or warranty that said goods conform to any specification, description or condition. It is Buyer's responsibility to inspect the goods and to ascertain if the specifications, descriptions and condition of the goods conform to Buyer's requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not Seller.

5.) 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 Buyer's sole and exclusive remedy for any claims arising under this agreement against Seller shall be limited to return of the goods and repayment of the purchase price, or to repair, or replacement of the goods at Seller's option. In no event shall Seller be responsible for special or consequential damages.

6.) QUOTATIONS AND ACCEPTANCES: Terms of the proposal shall be accepted by the buyer upon the issuance of a 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 orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays. This agreement shall be a Georgia contract and shall be interpreted and administered for all purposes under the laws of Georgia.

7.) MACHINE USE AND SAFETY: Buyer acknowledges that the goods described herein are pre-owned (used) goods which were neither designed nor manufactured by the Seller, nor does the Seller have any knowledge or control over the prior use or misuse of the goods or the future application of these goods by the Buyer. It is the Buyer's (user's) responsibility to provide proper safety devices and equipment to safeguard the operator from harm or 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.

8.) INSPECTION: Purchaser shall have the right to inspect the merchandise at the place of shipment prior to the time of shipment.

9.) TITLE: Title shall not pass to Purchaser with delivery of the aforementioned personal property but shall remain vested in Seller until the entire purchase price is paid.

10.) WAIVER-INDEMNIFICATION: Buyer 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 Seller, its agents or employees, by reason of or arising out of any condition or defect of goods sold hereunder, or devices; and (2) covenants to indemnify and hold harmless Seller, its agents or employees from and against any and all loss, damage, expense, claims, suits, costs of defense, including attorney's fees or liability which Seller 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, or any claimed inadequate or insufficient safeguards or safety devices, or warnings.

11.) ENTIRE AGREEMENT: These terms and conditions, together with the provisions, are intended by the Seller 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 this date hereof by an authorized officer or Seller. All prior conversations and representations with reference to this subject matter are superseded by this agreement. Seller shall not be bound by any terms of Buyer's purchase order forms or other documents which attempt to impose conditions at variance with Seller's terms and conditions of sale set forth herein unless the same shall be specifically agreed to in writing by a duly authorized officer or Seller. Seller objects to provisions contained in Buyer's forms which are different or in addition to the terms herein. Buyer's purchase order is accepted expressly conditional on 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 possession of the goods described herein.

Web Site Usage – Terms & Conditions

GENERAL RULES
Access to the Website or use of the Website content constitutes User's agreement with these terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. Engage Machinery reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Website, and User's continued use of the Website affirmatively indicates User's acknowledgment of such changes and User's agreement to be bound by the Terms and Conditions as modified.

Unless otherwise agreed in writing, User's right to use the Website is not transferable and is subject to any restrictions established by Engage Machinery. Engage Machinery may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. Engage Machinery may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.

SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, USER'S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, ENGAGE MACHINERY WILL CONTINUE TO RELY ON USER'S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.

ACCESS TO THE WEBSITE
User shall not have the right to sell, license, market, or lease the Website content to any party whatsoever without the prior written consent of Engage Machinery. User shall not have the right to distribute the Website content in any manner to any third party or unauthorized user.

User hereby acknowledges that, as between Engage Machinery and User or any party acting through User, all title to and ownership of the Website and its content remains vested in Engage Machinery and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and Engage Machinery remain Engage Machinery's exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all Engage Machinery copyright and other proprietary notices.
User agrees to use the Website only for User's bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Website to be used by any party whatsoever for purposes not connected with User's non-commercial, legitimate business purposes.

User agrees to report promptly to Engage Machinery any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.

User shall notify the Website's Webmaster of any known or suspected unauthorized use(s) of the Website through User's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User's means of access.
User may not share User's means of access with others. User acknowledges that User is responsible for all usage or activity on User's Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's account, at Engage Machinery's sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold Engage Machinery harmless against liability for any and all use of User's account.

AUTHORIZED USAGE OF THE WEBSITE CONTENT
The contents of the Website are intended for the benefit of User's legitimate commercial business. All materials displayed on the Website (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the "Content") are protected by copyright, and owned or controlled by Engage Machinery or the party credited as the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User's legitimate commercial business end-use is expressly prohibited without the prior written permission of Engage Machinery or the copyright holder identified in the individual Content's copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.

Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Website in whole or in part. No use is permitted which benefits any party other than Engage Machinery or User.

WARRANTY AND AVAILABILITY OF SERVICE AND LINKS
THE WEBSITE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE. NEITHER ENGAGE MACHINERY NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER's INABILITY TO USE, OR USER's USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF ENGAGE MACHINERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE WEBSITE DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER's RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST ENGAGE MACHINERY. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK.

The Website may contain links to other related Internet sites, resources, and sponsors of the Website. Engage Machinery is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link's site administrator or webmaster.

Engage Machinery is not responsible for the contents of any linked site or any link contained in a linked site. Engage Machinery is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Engage Machinery of the linked site or its contents.

GENERAL PROVISIONS
These Terms and Conditions shall be construed and enforced in accordance with Georgia law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Fayetteville, GA. Any rights not expressly granted to User in these Terms and Conditions are reserved to Engage Machinery. Any failure by Engage Machinery to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision. These Terms and Conditions represent the entire agreement between Engage Machinery and User concerning User's use of the Website and supersede any prior understanding or agreement whether oral or written.