These Standard Sale Terms and Conditions apply to all Equipment, accessories, and attachments (collectively, "Equipment") owned by Creative Equipment Solutions, L.L.C. ("CES"), Access Machinery, LLC ("Access Machinery"), Equipment First, LLC ("Equipment First"), and/or any other affiliates, subsidiaries, related entities, or entities sharing common ownership with CES, Access Machinery, or Equipment First (collectively referred to herein as "Seller Parties") and being sold to hereto referred to as Purchaser. Purchaser acknowledges and agrees that they, and any person to whom they allow to use the Equipment, are familiar with the proper use and operation of the Equipment and assume full responsibility for the proper use and handling of the Equipment. Purchaser agrees to indemnify, defend, and hold the Seller Parties, together with their respective members, managers, officers, employees, agents, and common owners, harmless from any and all claims, damages, losses, or liabilities arising from misuse, negligence, or improper operation of the Equipment by Purchaser or any party to whom Purchaser allows to utilize the Equipment.
Powerline Proximity Notice and Liability Waiver
The Purchaser acknowledges that operating machinery within a specified distance of powerlines poses a significant risk of electrical hazard, property damage, personal injury, or death. The Purchaser is solely responsible for identifying, marking, and ensuring the visibility of powerlines and other utility structures within the work area prior to the commencement of any services. It is the Purchaser's responsibility to verify that all work areas are free of obstructions that may pose a hazard due to the proximity of powerlines. The Purchaser agrees to waive, release, and discharge the Seller Parties, together with their respective members, managers, officers, employees, agents, and common owners, from any and all claims, liabilities, damages, or expenses arising out of or in connection with machinery operations near powerlines. The Seller Parties shall not be liable for any loss, injury, death, or damage caused by or resulting from electrical hazards due to powerline proximity, regardless of the circumstances under which such hazard arises.
Governing Law
All transactions are governed by the laws of the State of Arizona, without regard to its conflict of law provisions. Any disputes arising out of or related to these terms shall be subject to the exclusive jurisdiction of the courts located in Arizona.
Warranties
All Equipment sold by the Seller Parties is subject to the warranties provided by Platform Baskets, Omme, and Tracked Lifts, LLC unless otherwise explicitly stated on the invoice. No additional warranties, express or implied, are provided by the Seller Parties unless expressly stated in writing. The Purchaser is responsible for familiarizing themselves with the terms of the Platform Baskets, Omme, and Tracked Lifts warranty.
Assumption of Risk / Indemnification
The Purchaser agrees to indemnify, defend, and hold harmless the Seller Parties, together with their respective members, managers, officers, directors, employees, agents, and assigns (collectively, "Indemnified Parties"), from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the Purchaser's use, operation, maintenance, or resale of the Equipment purchased from the Seller Parties, including but not limited to any claims for business interruption, personal injury, death, loss of income, property damage, or other liabilities, regardless of cause or origin. Purchaser expressly acknowledges that the Equipment is heavy industrial machinery and that the use and operation of such Equipment involves significant inherent risks, including the risk of serious personal injury, death, and property damage. To the fullest extent permitted by law, Purchaser assumes all risks arising out of or related to the use, operation, possession, transportation, or misuse of the Equipment by Purchaser or any third party, and agrees that the Indemnified Parties shall not be liable for any loss, injury, death, or damage of any kind arising out of or connected with the Equipment, whether arising under contract, tort, strict liability, or any other legal theory.
Risk of Loss
Risk of loss for the Equipment passes to the Purchaser upon delivery of the Equipment to the Purchaser or the Purchaser's designated carrier, whichever occurs first. The Seller Parties shall not be responsible for any loss, damage, or destruction of Equipment after delivery as defined as follows: Delivery shall be deemed complete when the equipment is (i) transferred to the possession of the Purchaser or Purchaser's authorized agent at the Seller's designated location, or (ii) released to the Purchaser's designated carrier for transportation from the Seller's premises. Delivery may occur even if the Purchaser is not present at the time of transfer to the carrier or at the delivery location.
Limitation of Liability
In no event shall CES, Access Machinery, Equipment First, or any of the Seller Parties be liable to the Purchaser for any special, indirect, incidental, or consequential damages arising out of or related to the sale, delivery, or use of the Equipment, including but not limited to lost profits, lost business opportunities, or damage to goodwill, whether arising under contract, tort, strict liability, or any other legal theory. The total liability of the Seller Parties for any claim, whether in contract, tort, or otherwise, shall not exceed the amount paid by the Purchaser for the Equipment.
Payment Terms
If the Seller Parties have granted credit to the Purchaser, payment in full is due within 30 days of the invoice date. Payments not received by the due date are subject to a late fee of 1.5% per month or the maximum rate permitted by law, whichever is greater. In the event of non-payment, the Seller Parties reserve the right to pursue all available remedies, including but not limited to repossession of the Equipment and legal action for recovery of the unpaid balance, plus any associated legal fees and costs.
Taxes and Fees
Unless otherwise specified, all prices listed are exclusive of sales tax, use tax, excise tax, or any other similar tax or fee imposed by any governmental authority. The Purchaser is responsible for the payment of all such taxes and fees.
Amendments and Modifications
Any modifications to these terms and conditions must be agreed upon in writing by both parties. Changes to Equipment specifications or purchase terms may result in an adjustment to the price, and any such changes must be documented in a revised quote or purchase order.
Privacy Policy
By using the websites, social media platforms, digital channels, or any other medium operated or maintained by the Seller Parties, or by providing any information (including personal and company details) through any such medium or directly to the Seller Parties, you consent to the collection and use of such information by the Seller Parties and their affiliates for legitimate business purposes. This may include communication regarding sales, services, updates, marketing, and promotional activities across any channel, including but not limited to email, telephone, text message, social media, and online advertising platforms. The information may be accessed and used to support business operations, enhance customer experience, and for other lawful purposes.
Sale of Equipment
Unless otherwise stated as new, all items are sold "as-is, where-is," with no warranties, express or implied. The Purchaser assumes all responsibility for the condition, operation, and fitness of the Equipment for any particular purpose.
GPS and Software Use
Some machines may be equipped with GPS or other tracking software that transmits information to the manufacturer. Such data may be used by the manufacturer or the Seller Parties for legitimate business reasons, including maintenance support and performance tracking.
Assignment of Rights
The purchaser may not assign or transfer any rights under this agreement without the prior written consent of the applicable Seller Party. Any unauthorized assignment is null and void.
Compliance with Laws
The purchaser is responsible for compliance with all applicable usage and transportation laws related to the Equipment. The purchaser agrees to indemnify and hold the Seller Parties harmless from any claims, liabilities, or penalties arising from improper use or transportation of the Equipment.