We are pleased to offer SUBJECT TO PRIOR SALE and to the CONDITIONS OF SALE below, the following USED stretch reducing pipe mill facility for your consideration:
ONE (1) MANNESMAN MEER MCKAY 5-1/4” STRETCH REDUCING PIPE MILL FACILITY
TEMPORARY TECHNICAL SPECIFICATIONS AS PER OEM OPERATORS MANUAL
Continuous Operation: Shell Gage (Maximum):
Capacity of this stretch reducing pipe mill
With exception of L.W. – Pipe, where the speed limitation with 265 fpm entry, 1500 fpm exit speed and smaller shell OD applies.
GENERAL DESCRIPTION OF THE SRM:
PRICE…………….EX-WORKS…………………….AS IS WHERE IS……………………………………………….. EURO
These temporary technical specifications are correct to the best of our knowledge, obtained from sources deemed reliable, and are subject to change
If you require additional information, please contact us.
CONDITIONS OF SALE
ACCEPTANCE: The goods being offered herein are subject to prior sale and are intended for immediate acceptance. By the issuance of a purchase order, Buyer accepts completely and exclusively the terms and conditions herein, which constitute the entire contract. Crown Hollander Machinery Inc (“CHM”) shall not be bound by any other terms contained within the Buyer’s purchase order or any other document which attempts to impose conditions at variance with terms and conditions of this quotations unless said variance is specially agreed to in writing by a duly authorized officer of CHM. All quotations and acceptances of orders are made with the mutual understanding that the orders are not subject to cancellation. The shipping date is approximate only and may be subject to delays and availability of goods. This agreement shall be an ONTARIO contract and shall be interpreted and administered for all purposes under the laws of the PROVINCE of ONTARIO. The covenants expressed herein shall be severable, and the invalidity, now or in the future, of any of the covenants recited herein shall not affect the validity of the remaining covenants.
TERMS: Terms are cash with order and before removal of goods, unless otherwise agreed to in writing. It is understood that there are no conditions or agreements outside of this written quotation and that all prior conversations, agreements, or representations with reference to its subject matter are superseded. All sales are subject to applicable Federal, Provincial, State, and local use, sales and excise taxes which the Buyer agrees to pay, and which may be billed as part of the selling price, or separately, if CHM is required by any taxing authority to collect and pay such a tax. A one-percent (1%) monthly service charge will be added to all balances past due from the date of delivery.
TITLE: Where less than the entire purchase price (including taxes) is to be paid prior to delivery, title shall not pass to Buyer with delivery of the above personal property, but shall remain vested in CHM until the entire purchase price (including taxes) is paid. In the event that title is transferred or deemed to have been transferred by operation of law or otherwise, Buyer hereby grants and transferred to CHM, a security interest in favor of CHM in and to all machinery and equipment purchased from CHM pursuant hereto which shall come into Buyer’s control or actual or constructive possession. This security interest shall secure the timely payment of all sums due to CHM from Buyer. Buyer agrees to sign and deliver to CHM such financing statements and such other documents as may be reasonably required for public filing or any other reason, all in form satisfactory to CHM and/or its attorneys as may, from time to time, be requested. CHM may, at its sole discretion, file any such financing statements or other documents. Buyer further agrees to pay any and all costs incurred by CHM (including reasonable attorney’s fees) in connection with the documentation and perfection of CHM’s security interest, in the event that Buyer refuses to execute and deliver such statements within one (1) day of receipt thereof, the Buyer hereby irrevocably appoints any present or future officer of CHM as its lawful attorney in fact to take possession of, and to endorse in the name of the undersigned, any financing statement or similar instrument.
CLAIMS: In the event of any breach of this sales agreement by CHM, it is expressly agreed that the Buyer’s sole and exclusive remedy shall be limited to a return of the goods, freight prepaid, for a refund of the purchase price only. CHM shall not accept, for refund, goods altered in any way. In no event shall CHM be responsible for any special or consequential damages.
WARRANTY: The goods described herein are pre-owned used goods and are offered, “as is”, unless otherwise noted herein. CHM makes no warranties of any kind whatever, express or implied, and ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. All specifications and descriptions of said goods are approximate only. CHM makes no representation or warranty that said goods conform to any specification, description, condition, or performance. It is the Buyer’s responsibility to inspect the goods and ascertain if the specifications, description, and condition of the goods conform to the Buyer’s requirements. Any warranty concerning said goods made by a third party is enforceable only against the third party and not CHM. CHM reserves the right to correct typographical errors herein.
GUARANTEE: CHM guarantees that, unless otherwise indicated in this proposal, every machine will be mechanically satisfactory for a period of 30 days from date of shipment. Machines found to be unsatisfactory within the stated time will, upon Buyer’s written notification to CHM and at CHM’s option, be repaired at CHM’s expense or returned by the Buyer with written authorization by CHM, freight prepaid, for full refund of purchase price less the cost of special tooling, fixtures, or repairs ordered by Buyer. It is expressly understood by Buyer that this guarantee extends only to Buyer to the exclusion of all third parties, that CHM’s liability is limited under “CLAIMS”, and that any “CONDITIONS OF SALE” that may be in conflict with this paragraph supersede the terms of this Guarantee.
MACHINE USE AND SAFETY: Buyer acknowledges that the goods described herein are pre-owned used goods which were neither designed nor manufactured by CHM, nor has CHM knowledge of, or control over, the prior use or misuse of said goods; nor does CHM have knowledge or control over the future application of these goods by the Buyer. It is the Buyer’s (user’s) sole responsibility to provide proper safety devices and equipment for any particular use, operation, or setup, to obtain manufacturer’s instruction manuals and materials and to take all necessary steps to conform to all Federal, Provincial, State and local government safety standards and all industry safety standards, including OSHA. In consideration of one dollar ($1.00), delivery of the subject machinery and/or equipment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Buyer, for itself, its successors and its assigns, does hereby remise, release, and forever discharge CHM, its successors and assigns, of and from all claims, demands, rights, and causes of action of whatsoever kind of nature that it has or may have against CHM arising from or out of any use whatsoever (including resale) of the machinery or equipment sold pursuant to this agreement.
INDEMNIFICATION: Buyer agrees to indemnify, hold harmless and defend CHM, its employees, subsidiaries, affiliates, or agents of and from any and all claims or liabilities involving, or alleged to involve, these goods, which are caused by acts or omissions of the Buyer, his employees, assigns, or agents.
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