Terms and Conditions

/Terms and Conditions
Terms and Conditions 2022-04-09T19:43:31+00:00

Term and Conditions

  1. This order is accepted on and subject to the following terms and conditions which may or may not be modified except by a writing signed by Seller’s dully authorized representative.

  2. This warranty is non-transferable and applies only to the original purchaser and does not extend to subsequent owners of the product. Any applicable implied warranties, including the warranty of the merchantability, are limited in duration to a period of the expressed warranty as provided herein beginning with the date of original purchase at retail and no warranties, whether expressed or implied, shall apply to the product thereafter.

  3. Under no circumstances shall Appalachian Machine, Inc., be liable for any loss, direct, indirect, incidental, special, or consequential damage arising out of or in connection with the use of this product.

  4. This warranty is valid only in the United States of America. This warranty gives you specific legal rights. However, you may have other right which may vary from state to state. By signing this agreement, you are bound by the laws of the State of Virginia exclusively. By signing this agreement, you also agree that any legal suits which may arise are to be governed by the laws of the State of Virginia.

  5. This warranty is void if the product is:
    1. Damaged through negligence, misuse or accident.
    1. Modified or repaired by anyone other than Appalachian Machine, Inc.
    1. Damage because it is improperly connected to the equipment of other manufacturers.
    1. Damage or improper operation of unit is caused by customer abuse, misuse, negligence, or failure to follow operation specifications.

  6. The foregoing is the complete warranty for the products and supersedes all other warranties and representations whether oral or written. All other warranties whether express or implied are disclaimed, included but not limited to, warranty of fitness or merchantability. Purchaser’s sole and exclusive remedy is limited to repair or replacement of product with warranted defects. Under no circumstances will Appalachian Machine, Inc. be liable to the Purchaser, or to any user, for any damages, expenses, lost profits, lost savings, damage to, or replacement of equipment and property costs.

  7. This contract contains the entire agreement of the parties. It may not be modified or terminated orally, and no claim modification, recession or waiver shall be binding on Seller unless in writing signed by a duly authorized representative of the Seller.

  8. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be resolved solely by the recourse to the courts and not by arbitration.

  9. If by the terms of sale credit, us extended to Buyer, Seller reserves the right to revoke credit if Buyer fails to pay for any goods previously delivered when due or if the judgment of Seller there has been a material adverse change in Buyer’s financial condition and thereupon Seller shall have the right to demand payment or other assurance which it deems adequate before shipment of any further goods.

  10. Interest will be charged on all past-due accounts at Seller’s prevailing rates, not in excess of rates permitted by law.

  11. This contract shall be governed by and construed according to the laws of the State of Virginia.

  12. If any provision of this Agreement shall have deemed by a court of competent jurisdiction to be invalid the remainder of this Agreement shall not be affected thereby and it shall remain in full force and effect (provided that the Agreement has not been theretofore breached or violated by either party).

  13. Seller shall deliver goods to Buyer within 10 days of projected date of delivery.

  14. In the event of breach of this contract by Seller, Buyer shall not be entitled to any consequential damages in excess of $1,000.

  15. Buyer shall not assign this order or any part thereof without written consent of the Seller. Such consent will not relieve Buyer from its obligations and liabilities.