Indy Crossroads Equipment

Terms and Conditions of Sale Indy Crossroads Equipment, LLC. 1. The terms and conditions in Seller’s Sales Contract and any other terms and conditions stated in Seller’s quotation or specifications attached hereto supersede all prior understandings, transactions, and communications, whether oral or written, with respect to the matters referred to herein and constitute the entire agreement between the parties for the purchase and sale of the materials or equipment herein described. References hereon to documents or to other information from Purchaser are for identification only and form no part of said final agreement except as specifically indicated to the contrary. Seller shall not be bound by any term or condition contained in Purchaser’s Purchase Order not consistent with these terms and conditions. No modification, alteration, or amendment of these terms and conditions shall be binding upon the Seller unless in writing and signed by Seller’s authorized representative. 2. Price does not include Sales or Use Tax if in effect in your State. Purchaser assumes responsibility for payment of such tax. 3. Rejection or refusal of any shipment on this contract shall not invalidate the remainder of the contract without the consent of Seller. Seller shall not be held responsible for delays in deliveries caused by strikes, accidents, or other contingencies beyond its control. 4. Purchaser agrees to notify seller immediately of carload shortages and/or truck loads shortages exceeding 100 pounds. 5. Purchaser expressly assumes and agrees to indemnify and save Seller, together with its employees, servants, agents and assigns, harmless against all liability, claims, judgments, or loss of every kind, including but not limited to liability arising from the negligence of Seller, its employees, servants, agents and/or assigns for injury to persons, including wrongful death or damage to property, resulting from any defective, hazardous, toxic, explosive or other condition of the goods or materials sold hereunder; and Purchaser expressly assumes and agrees to defend all suits brought against Seller, its employees, servants, agents and/or assigns, on account of such injury to persons, including wrongful death and such damage to property. 6. Except as set forth in written hereon, Seller makes no representation or warranty, express or implied, as to the conditions, merchantability, quality or fitness for any intended use of the goods or materials sold hereunder and Purchaser agrees to accept the same on an “As is, Where is” basis, there are no warranties which extend beyond the description on the face hereof. THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, OR MERCHANTABLITY OR FITNESS FOR A PARTICULAR USE