Sales Agreement

Terms & Conditions of Sale

TERMS & CONDITIONS OF SALE
These Terms & Conditions apply to all equipment and products sold by BakeryEquipment.com, Inc. (“Seller”) to the purchaser (“Buyer”). Buyer’s signed quotation, electronic approval, email acceptance, deposit, or payment constitutes acceptance of these Terms.
 
1. DEPOSITS & PAYMENT
Unless otherwise agreed in writing, pre-owned equipment requires a 25% non-refundable deposit to be held for Buyer. Seller will remove the equipment from sale for up to 10 business days pending payment in full. If payment is not received within that period, Seller may return the equipment to inventory. The deposit remains non-refundable but may be applied to another equipment purchase within six (6) months from the original signed quotation; thereafter, the deposit is forfeited and the agreement terminates. Deposits on new equipment become non-refundable once the order is placed with the manufacturer.
Seller does not extend credit unless expressly agreed in writing. Equipment, freight, crating, preparation charges, taxes, and other applicable charges must be paid in full before shipment. Seller accepts wire transfer, ACH, cashier’s check, money order, and, for transactions under $5,000, Visa, MasterCard, and American Express.
 
2. PRICING & TAXES
Prices are stated in U.S. Dollars and may change until accepted by Seller. Seller may correct typographical, clerical, or pricing errors. If a material pricing error is discovered before completion of a transaction, Buyer will be notified and may cancel the affected item for a refund of amounts paid for that item.
Prices exclude applicable federal, state, local, foreign, sales, use, excise, import, and similar taxes unless expressly stated otherwise. Buyer is responsible for all applicable taxes, duties, and governmental charges.
 
3. AVAILABILITY, DELIVERY & SHIPPING
All availability, shipping, completion, and delivery dates are estimates only and are not guaranteed. Seller is not liable for delays caused by manufacturers, suppliers, carriers, labor issues, Buyer changes, shortages, governmental action, installation delays, or circumstances beyond Seller’s reasonable control, nor for lost production, revenue, profits, or consequential damages resulting from delay.
Unless otherwise agreed, prices are F.O.B. place of shipment and exclude skidding, crating, packaging, and freight preparation. Freight is Buyer’s responsibility. Seller may select a responsible carrier unless other arrangements are approved. Buyer is responsible for suitable unloading equipment, including a forklift when required.
Seller’s responsibility for the equipment ends when it is tendered to the carrier, subject to applicable law. Buyer must inspect all shipments before the carrier leaves and note visible damage or shortage on the Bill of Lading. If Seller arranged and collected payment for freight, Seller will assist with an applicable freight claim. If Buyer arranged transportation, Buyer is responsible for the claim.
 
4. CANCELLATIONS
Pre-owned equipment deposits are non-refundable. Buyer is responsible for costs incurred by Seller on cancelled non-stock, custom, modified, or specially ordered equipment, including labor, materials, engineering, fabrication, manufacturer charges, and related expenses. New-equipment cancellations may be subject to a restocking charge of up to 35%, plus manufacturer or supplier charges.
 
5. GENERAL WARRANTY TERMS
Warranty coverage applies only as expressly stated in Seller’s quotation, invoice, or these Terms. A specific written warranty on a quotation or invoice controls over conflicting general language.
Seller warranty coverage applies only to qualifying equipment shipped within the United States. Equipment sold to dealers or purchasers for resale and equipment shipped outside the United States are sold without Seller warranty on parts or labor. New equipment is covered solely by the manufacturer’s warranty unless Seller expressly agrees otherwise in writing.
Labor, travel, freight, installation, removal, troubleshooting, and service costs are excluded from Seller’s parts warranties unless expressly stated otherwise.
 
6. AS-IS EQUIPMENT
Equipment identified as AS-IS is sold in its present condition, with all known and unknown defects, and without warranty as to condition, operation, performance, merchantability, or fitness for a particular purpose.
AS-IS equipment may be incomplete, missing components, require repair or service, or may not be operational. Photographs, descriptions, specifications, and condition statements are provided in good faith but do not replace Buyer’s inspection and evaluation.
Buyer is responsible for determining suitability, completeness, capacity, compatibility, utility requirements, electrical requirements, code compliance, and required repairs or modifications. Unless expressly stated otherwise, Seller is not responsible for parts, labor, service, installation, transportation, repairs, or modifications required to place AS-IS equipment into operation. All AS-IS sales are final.
 
7. CLEAN, RUNNING & SHOP TESTED
Equipment sold as Clean, Running & Shop Tested will be inspected, cleaned, assembled as an operating machine, and shop tested for basic mechanical and electrical operation. Seller will address operational issues it determines are necessary for satisfactory basic operation. Cosmetic restoration is excluded unless specifically stated.
This equipment includes a 30-day parts-only warranty. Covered replacement parts are limited to parts Seller determines are necessary for proper operation. Installation and covered repairs must be performed by a BakeryEquipment.com-authorized service agency unless Seller gives prior written approval otherwise. Unauthorized repairs or modifications void the warranty.
 
8. RECONDITIONED EQUIPMENT
Equipment sold as Reconditioned receives a more comprehensive mechanical, electrical, and cosmetic restoration. Seller will inspect major systems, repair or replace excessively worn components as appropriate, inspect and test controls, rebuild or replace motors where appropriate, clean and refinish applicable surfaces, reassemble, adjust, and shop test the equipment.
Reconditioned equipment includes a 60-day parts-only warranty subject to the same authorized-installation and repair requirements stated above. Unauthorized repairs or modifications void the warranty.
Extended six-month warranty coverage may be available on qualifying equipment for an additional charge when specifically identified on the quotation or invoice.
 
9. FINAL SALE & RETURNS
All pre-owned equipment sales are final. No returns, refunds, or exchanges are permitted unless Seller expressly agrees otherwise in writing.
Equipment may not be returned because it fails to meet Buyer’s intended application, production requirements, expectations, capacity requirements, or intended use. Seller does not guarantee satisfactory performance when equipment is purchased for an application other than the purpose for which it was originally designed.
Buyer is responsible for reviewing specifications, asking appropriate questions, and confirming suitability before purchase.
At Seller’s discretion, previously purchased equipment may be accepted for resale under a separate consignment agreement.
New-equipment returns are governed solely by the applicable manufacturer’s or supplier’s return policy. Buyer is responsible for all applicable freight, handling, return, and restocking charges.
 
10. BUYER RESPONSIBILITY
Buyer is solely responsible for proper installation, connection, commissioning, maintenance, and safe operation of the equipment and for compliance with all applicable laws, regulations, codes, safety standards, insurance requirements, and industry requirements.
Buyer acknowledges that guards, safeties, warnings, controls, utility connections, electrical components, or other items may require installation, modification, or replacement for Buyer’s location or application.
Unauthorized electrical, voltage, gas, propane, structural, mechanical, or other modifications void Seller’s warranty.
Buyer agrees to defend, indemnify, and hold harmless BakeryEquipment.com, Inc. from claims, suits, losses, damages, costs, and reasonable attorneys’ fees arising from personal injury, death, property damage, or loss resulting from Buyer’s or Buyer’s employees’, agents’, contractors’, or representatives’ purchase, ownership, installation, modification, operation, or use of the equipment.
 
11. QUOTATIONS & ENTIRE AGREEMENT
All quotations are for immediate acceptance and remain subject to withdrawal, correction, change, or prior sale until accepted by Seller. Seller is not responsible for typographical or clerical errors.
A signed quotation, electronic website approval, or written email acceptance constitutes a binding agreement to purchase subject to these Terms.
Any equipment-specific condition, warranty, exception, or special term contained in Seller’s written quotation or invoice controls over these general Terms to the extent of a direct conflict. No oral representation modifies these Terms unless confirmed in writing by Seller.
 
12. GOVERNING LAW & VENUE
This Agreement shall be interpreted and enforced under the laws of the State of Washington. Any legal action arising from or relating to this Agreement or the sale of equipment shall be brought in Pierce County Superior Court, Washington, unless otherwise required by applicable law.

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