TERMS: 1/3 Deposit with order. Balance due prior to loading, or 30 days from date of order, whichever comes first. A service charge of 1-1/2% per month will be assessed on all accounts over 30 days past due.

TAXES: All sales are subject to applicable federal, state, and local use, sales, or excise taxes which the buyer agrees to pay, and which may be 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.

60-DAY RETURN PRIVILEGE: Every machine offered from out 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 60 days from herewith-quoted price, it is considered an “as-is” sale.

WARRANTY DISCLAIMER: The goods described herein are pre-owned used goods. CAMER Machinery makes no warranties of any kind whatsoever, express, or implied, and ALL IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED and excluded from this agreement. All specifications and description of said goods are approximate only, CAMER Machinery makes no representation or warranty that 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 CAMER Machinery.

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 purchase price, or to repair or replacement of the goods at CAMER Machinery’s option. In no event shall CAMER Machinery be responsible for consequential damages.

QUOTATIONS AND ACCEPTANCE: 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 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 CAMER Machinery, nor does CAMER Machinery have any knowledge or control over the prior use misuse of the goods or the future application of the goods by the Buyer. It is the Buyer’s (user’s) responsibility to provide the proper safety 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 CAMER Machinery until the entire purchase price is paid.

WAIVER-INDEMNIFICATION: Buyer hereby (1) Waives, releases and discharges and all claims (with the exception of claims for breach of this agreement) of 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 CAMER Machinery, its agents or employee, 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 of manufacturing defect of goods sold hereunder, or devices; and (2) covenants to indemnify and hold harmless CAMER Machinery, its agents and employees, of from and against any and all loss, damage, expense, claims, suits, costs of defense, including attorneys’ fees of liability which CAMER Machinery 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 safeguards or safety devices, or warnings.

ENTIRE AGREEMENT: These terms and conditions are intended by CAMER Machinery and Buyer to be 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 CAMER Machinery. All prior conversations and representations with reference to this subject matter are superseded by this agreement. CAMER Machinery shall not be bound by any terms of Buyer’s purchase order forms or other documents which attempt to impose conditions at variance with CAMER Machinery’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 CAMER Machinery. CAMER Machinery 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.