Terms And Conditions
Buyer & AR&T Group, Inc. agree that the purchase of “Equipment” is made under these terms & conditions, and that AR&T Products Group, Inc. shall not be bound by Buyer’s additional or different terms. The Buyers placement of its order and purchase of “Equipment” shall constitute acceptance of these terms and conditions. Any order accepted by AR&T Heavy Machines Tools representative of AR&T Products Group, Inc. is subject to approval by AR&T Products Group, Inc.
These terms and conditions are subject to change at any time without notice.
1. Parties: “Seller” means AR&T Products Group, Inc., a Germany corporation doing business under any of the following names: AR&T Products Group, Inc, AR&T Products Marketing, AR&T Yard Products, or AR&T Metal Tools. “Buyer” means the entity or person submitting the purchase order to AR&T Heavy Machines Tools.
2. Application: These Terms and Conditions of Sale define the relationship of Buyer apply to all purchase of equipment, parts, supplies, materials, or other personal property (individually and collectively, “Equipment”) by AR&T Heavy Machines Tools. Buyer acknowledges and agrees that these Terms and Conditions of purchase are incorporated in, and are a part of, each quotation, purchase order, invoice, release, requisition, work order, shipping instruction, specification, and any other document, whether expressed verbally, in written form or electronic commerce, relating to the purchase of Equipment by Buyer (these documents are collectively referred to as the “Agreement”).
3. Pricing: Prices for Equipment and other related information shown in AR&T Heavy Machines Tools or manufacturer product publication, including but not limited to catalogs, brochures, and websites, are subject to change without notice. Prices do not include related freight charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority unless otherwise expressly noted by AR&T Heavy Machines Tools.
4. Taxes: Prices quoted do not include (and Buyer shall pay) all taxes and fees of any kind that may be levied or imposed on either party by federal, state, municipal, or other governmental authorities in connection with the sale or delivery of the Equipment by AR&T Heavy
Machines Tools with the exception of Seller’s income tax obligations arising out of the sale of the Equipment.
5. Terms of Payment: Unless otherwise specifically agreed in writing by AR&T Heavy Machines Tools, the total price is due and payable to AR&T Heavy Machines Tools, without set off or other deductions or charges, of AR&T Heavy Machines Tools invoice. All invoices are required to be paid in US dollars.
Any amounts due by Buyer that are unpaid on or after 30 days of AR&T Heavy Machines Tools invoice will incur a time-price differential of one and a half percent (1.5%) per month. The accrual or payment of any time-price differential as provided above will not constitute a waiver by AR&T Heavy Machines Tools of any rights and remedies in connection with a default by Buyer. Buyer will pay all court costs, attorney fees, and other costs incurred by AR&T Heavy Machines Tools in collecting past-due amounts, including time-price differential.
If shipment or delivery of Equipment is delayed by or at the request of Buyer, payment will remain due in full 30 days from the date of AR&T Heavy Machines Tools invoice. In such event, AR&T Heavy Machines Tools may impose, and Buyer shall pay, storage charges and other
incidental expenses incurred by AR&T Heavy Machines Tools as a result of the delay in addition to any interest on late payments as described above.
6. Limited Warranty—Disclaimer of Warranties: The warranty obligations of AR&T Heavy Machines Tools for Equipment sold by AR&T Heavy Machines Tools will in all respects conform and be limited to the warranty extended by the manufacturer of the Equipment, if transferable. The sole remedy available to Buyer with respect to defects in the Equipment will be against the manufacturer under any applicable manufacturer’s warranty to the extent available to Buyer. TO THE EXTENT THE MANUFACTURER WARRANTY IS NOT TRANSFERABLE TO BUYER, AR&T Heavy Machines Tools MAKES NO WARRANTY FOR USED MACHINES UNLESS OTHERWISE, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO THE EQUIPMENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, NOT THIS ABOVE POLICY IS NOT EXCLUDED FROM USED MACHINES.
If Equipment is resold by Buyer, Buyer will include in its agreement for resale provisions that limit recoveries in accordance with the Agreement. In case of Buyer’s failure to include in any agreement for resale the terms providing for such limitations, Buyer will indemnify and hold Seller harmless against any liability, loss, cost, damage, or expense (including reasonable attorney fees) arising out of or resulting from the failure.
IN NO EVENT WILL AR&T HEAVY MACHINES TOOLS BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE USE OF DEFECTIVE EQUIPMENT.
BUYER ASSUMES FULL RESPONSIBILITY THAT THE EQUIPMENT PURCHASED UNDER
THE AGREEMENT MEETS THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER,
AND SELLER MAKES NO REPRESENTATION WITH RESPECT TO THEM.
7. Delivery: Any delivery dates or other schedule of performance by AR&T Heavy Machines Tools are approximations, and the sole obligation of AR&T Heavy Machines Tools with respect to the schedule of delivery or performance will be to use commercially reasonable efforts to
deliver the Equipment, or otherwise to perform, consistent with the reasonable demands of its business. In any event, AR&T Heavy Machines Tools will have no liability to Buyer or any other person for delays in performance due to strikes or labor disputes of any type; accidents, fire, floods, acts of God, or actions by governmental authorities; acts, omissions, or delays of Buyer or any other third party; shortages of labor; or without limitation of the above, for any causes reasonably beyond the control of Seller.
8. Title of Goods and Risk of Loss: Title to and risk of loss or damage to the Equipment will pass to Buyer on delivery by AR&T Heavy Machines Tools F.O.B. (a) AR&T Heavy Machines Tools facility, (b) AR&T Heavy Machines Tools supplier’s facility when Equipment is shipped directly from the manufacturer, or (c) as otherwise specifically indicated in the Agreement. AR&T Heavy Machines Tools retains a security interest and right of possession in the “Equipment” until Buyer makes payment in full. Buyer authorizes AR&T Heavy Machines Tools to execute and file financing statements and any other required documents necessary to perfect AR&T Heavy Machines Tools security interest in the products sold hereunder until payment of the purchase price has cleared AR&T Heavy Machines Tools bank.
9. Inspection and Acceptance: Buyer will have five (5) days from the date of delivery to inspect the Equipment for defects and nonconformance and to notify Seller, in writing, of any defects, nonconformance, or rejection of the Equipment (other than defects or nonconformities due to damage, shortage, or errors in shipping that will be reported as set forth below). Claims for shipping damage, errors, or shortages must be made in writing to Seller no more than five (30) days after receipt of shipment. After this period, Buyer will be deemed to have irrevocably accepted the Equipment, if not previously accepted. After acceptance, Buyer will have no right to reject the Equipment for any reason or revoke acceptance. Claims for damage due to shipping must be made by Buyer to the freight carrier.
10. Return of Equipment: All returns will be pursuant to AR&T Heavy Machines Tools instructions. Buyer must contact AR&T Heavy Machines Tools for a Return Material Authorization (RMA) before returning any Equipment. All returns must reference the RMA number along with the original invoice number and the reason for return. Non-warranty returns
of normal stock products that are unused and are in resalable condition will be subject to AR&T Heavy Machines Tools return policies in effect at the time, including applicable restocking and
transportation charges and other conditions of return. Also, any returns without authorization will be NOT BE REFUNDED. Authorized returns are subject to a 30% restocking fee.
11. Cancellation or Termination: In the event of cancellation of the Agreement by Buyer, or in the event of default under the Agreement by Buyer that is not cured within 30 days after notice by AR&T Heavy Machines Tools, Buyer will pay to AR&T Heavy Machines Tools on demand all direct and indirect costs (including, without limitation, all applicable restocking or cancellation charges, including reimbursement for direct costs assessed by the manufacturer) incurred directly or indirectly by AR&T Heavy Machines Tools in connection with the Agreement, all as reasonably determined by AR&T Heavy Machines Tools, plus any profit to be negotiated with Buyer. In no event, however, will any amount payable by Buyer under the Agreement exceed the total price payable by Buyer for the Equipment.
12. Changes: AR&T Heavy Machines Tools reserves the right from time to time to correct any typographical or clerical errors, including errors in mathematical computation, that may exist in the Agreement.
13. Technical Support: Unless otherwise specifically provided on the quotation or invoice, the Agreement does not include any services of Seller in connection with installation, testing, or evaluation of the Equipment. AR&T Heavy Machines Tools will, however, consistent with
its capabilities and subject to scheduling acceptable to Seller, make available to Buyer, at Buyer’s expense, technical support services relating to the Equipment at the rates then imposed by AR&T Heavy Machines Tools, together with any out-of-pocket expenses to AR&T Heavy
Machines Tools in connection with the technical support. The sole
remedy of Buyer in connection with any acts or omissions of AR&T Heavy Machines Tools in the provision of technical support will be the provision of further technical support to Buyer reasonably required to correct the act or omission.
14. Product Representative: AR&T Heavy Machines Tools attempts to display product images shown on the website as accurately as possible. However, we can guarantee that the picture or color you see matches the actual product or color. But The exact display of the color depends, in part, upon the monitor or computer that you are using. Product changes and updates are made by manufacturers to the products; therefore, we can guarantee that the images shown in our website matches the actual product, its package, and its contents. AR&T Heavy Machines Tools attempts to provide as much information to the buyer, although, it is the buyer’s responsibility to inquire about any information not displayed on the website, relating to the product, its contents, uses, and features before purchasing. in some circumstances shall Buyer hold AR&T Heavy Machines Tools responsible for intended product uses and the performance of the product related to them. If you have additional questions related to our products, please contact us via phone or email.
15. Modifications and Waiver—Entire Agreement: Neither party has rights, warranties, or conditions expressed or implied, statutory or otherwise, other than those contained in the Agreement. The Agreement contains the entire agreement between AR&T Heavy Machines Tools and Buyer and can be modified or rescinded only by a writing signed by both parties. Only the President of AR&T Heavy Machines Tools shall have authority to make such modification or revision. No waiver of any provision of the Agreement will be binding unless in writing
signed by an authorized representative of the party against whom the waiver is asserted, and unless expressly made generally applicable, will apply only to the specific case for which the waiver is given. Failure of either party to insist on strict performance of the Agreement will not be construed as a waiver of any term or condition of the Agreement.
Any document submitted by Buyer to AR&T Heavy Machines Tools confirming its intention to purchase Equipment described in the Agreement (purchase orders or releases) will be deemed to constitute a confirmation and acceptance of the Agreement, even if the document states terms in addition to or different from those in the Agreement. All agreements between AR&T Heavy Machines Tools and Buyer will be solely under the terms and conditions of the Agreement and these Terms and Conditions of Sale, and AR&T Heavy Machines Tools objects to any and all additional or different terms contained in any document submitted to AR&T Heavy Machines Tools by Buyer. Any execution by AR&T Heavy Machines Tools of any other document submitted by Buyer in connection with the purchase of Equipment does not constitute
acceptance of or agreement to any terms and conditions in addition to or different from those contained in the Agreement and these Terms and Conditions of Sale, but will constitute only acknowledgment of receipt of the document. In addition, notwithstanding any terms contained in
any documents submitted by Buyer in connection with the purchase of Equipment described under the Agreement, the acceptance of delivery by Buyer of Equipment described in the Agreement will constitute a course of conduct constituting Buyer’s agreement to the terms and conditions of the Agreement and these Terms and Conditions of Sale, to the exclusion of any additional or different terms and conditions.
16. Compliance with Laws: Buyer will be responsible for compliance with any and all federal, state, or local laws or regulations respecting safety or respecting use of the Equipment and shall
indemnify and hold Seller harmless from and against any and all claims of violations of laws or regulations or other claims of personal injury or property damage directly or indirectly related to the installation, maintenance, or operation of the Equipment.
Buyer acknowledges that the equipment herein described were neither designed no manufactured by AR&T Heavy Machines Tools and that the equipment is being sold, with all faults, and with no warranties implied whatsoever, including those which may pertain to compliance with the health and/or industrial safety code or standards of any state, municipality, or other jurisdiction. Further, the buyer agrees to assume all risk and liability and to forever indemnify and hold seller harmless respecting any and all claims or liabilities from
accidents involving the equipment caused by failure of user, its employees or agents to follow instructions, warnings or recommendation available from the original equipment manufacturer or by failure of user to comply with Federal, State or Local laws applicable to such equipment including the Occupational Safety and Health Act of 1970. Buyer assumes all risk and liability for loss, damage and/or injury to persons or property of buyer or others arising out of the use or possession of any equipment sold hereunder, and agrees to forever indemnify and hold seller harmless from any and all costs, expenses and/or damages resulting thereby.
The equipment sold herein may or may not conform to OSHA standards. It is the responsibility of the buyer and the factory user to equip and operate the equipment properly and put protective guarding on the equipment in order to avoid possible injuries through its operation. It is the buyer’s responsibility to provide proper safety devises and equipment to safeguard the equipment’s operator from harm. It is the buyer’s responsibility to equip the equipment to conform to all Federal, State and Local Government safety standards and meet all
industry safety standards of OSHA. This equipment may not incorporate approved activating mechanism, operator safety devices, or safety guards, as required by OSHA or otherwise. It is agreed that the buyer and factory user shall, at their own cost and expense, defend any claim or action which may be brought by any person or firm claiming damages for personal injuries resulting from the operation of the Products and shall indemnify and hold AR&T Heavy Machines Tools harmless from any such claim or resulting judgment.
17. Export Control: Equipment supplied by AR&T Heavy Machines Tools may be subject to various export laws and regulations. It is the responsibility of the exporter to comply with all laws and regulations. Notwithstanding any other provision to the contrary, if federal, state, or local law requires export authorization for the export or re-export of any Equipment or associated technology, no delivery can be made until export authorization is obtained, regardless of any otherwise promised delivery date. If any required export authorization is denied, AR&T Heavy Machines Tools supplier will be relieved of any further obligation relative to the sale and delivery of the Equipment subject to denial without liability of any kind relative to Buyer or any other party. AR&T Heavy Machines Tools will not comply with boycott-related requests except to the extent permitted by federal law and then only at Seller’s discretion.
18. Governing Law: The Agreement will be governed by and construed in accordance with the laws of the State of all countries.
19. Dispute. Any dispute for nonpayment by the Buyer for products or equipment pursuant to the terms of this agreement shall be heard in the court in accordance with the rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction.
20. Authority: Each signatory represents that it has all requisite authority to execute the Agreement on behalf of its principal and that the Agreement is fully enforceable against the principal in accordance with its terms.
21. Shipping and Handling AR&T offers free shipping to the continental United States, and US Territories and anywhere in the world. The shipping charges from our freight carriers are paid by AR&T heavy machines but exclude additional charges added for residential delivery and liftgate fees. Residential deliveries include any shipment to a property with a house. If there is a house on the property, the customer should specify the order as residential and will be charged an additional fee of $75.00 which is not included in AR&T HEAVY MACHINES’ Free Shipping offer. If unspecified by the customer, a fee will still be charged by the freight carrier to the customer. AR&T HEAVY MACHINES is not responsible for residential delivery fees that are not pre-arranged. The majority of products shipped by AR&T HEAVY MACHINES are sent via cargo and truck and may require a forklift to unload. If the customer is unable to unload the shipment, he/she must request a liftgate and will be charged an additional fee of $75.00 which is not included in AR&T HEAVY MACHINES’ Free Shipping offer. AR&T HEAVY MACHINES is not responsible for liftgate fees charged by the freight carrier that are not pre-arranged with AR&T HEAVY MACHINES.
Buyer acknowledges reading these Terms and Conditions, understands them and agrees to be bound by them. When Buyer accepts equipment ordered or through payment of invoice by AR&T Heavy Machines Tools, this shall constitute acceptance of Seller’s Terms & Conditions.
Shipping & Handling page. (PAGE ON ITS OWN)
Shipping & Handling
At AR&T Heavy Machines Tools, we take shipping, returns, and warranty
claims very seriously. We do everything in our power to minimize the
problems that can arise regarding these, however when an issue does
occur, we want what’s best for our customers. We find handling these
occurrences efficiently and effectively helps creates a positive
experience from a negative circumstance. Below is our basic policy
regarding shipping, returns, and warranty. For more information see
our Terms and Conditions.
AR&T Heavy Machines Tools offers free shipping to commercial
properties within the USA AND UK etc, by absorbing the cost given to
us by the freight companies we use.
When shipping to a non-commercial location within USA , a fee of
$75.00 will be added to your order,outside the USA a fee of $300 will
be added to your order depending of the equipment.
When a liftgate is required to unload your shipment, an additional fee
of $75.00 will be added to your order within USA.
These additional fees are passed to us by our freight companies. In
order for us to maintain the best prices in the industry and provide
free shipping, we are unable to absorb these costs.
If we are not notified that your shipment is being received at a
non-commercial location and/or a liftgate is required, the fees will
still be incurred to you by the freight company.
HOW WE SEND YOUR SHIPMENT:
Standard (ground) delivery ships within 10 business day, and usually
arrives 7-10 business days after initial shipment.
Most orders over 100lbs will be shipped LTL (Less-than-Truckload) and
will arrive in 7-10 business days depending on your location.
Customers who require a liftgate and/or are shipping to a residential
location are subject to additional charges.
HOW WE HANDLE INCORRECT,LOST AND DAMAGE SHIPMENT:
We encourage all of our customers to IMMEDIATELY inspect their
machine(s) upon delivery. Do not sign for the shipment until you are
sure it was not damaged during shipping.
If there is damage to the machine, do not sign for the shipment, and
call us immediately.
Please do not ship damaged items to AR&T Heavy Machine Tools, the
damages are the responsibility of the shipping company. If we receive
damaged items without notice, you may not receive a refund or
To receive a refund or replacement of damaged items, please make sure
you contact us about any damaged shipments first and let us handle
getting the items picked up and inspected.
Limitation of Liability & Returns:
Any products purchased from AR&T Heavy Machine Tools are “As is with
no express warranty or return policy for new Products” For the new
products any warranty claims will be handled directly from the
original equipment manufacturer according to their warranty policy.
For any product returns, an RMA must be obtained from AR&T Heavy
Machine Tools or you may not receive a refund. In addition, any goods
returned shall be subject to a 30% restocking fee to AR&T HEAVY
MACHINES and subject to any additional restocking fee required from
the original equipment manufacture