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This Website is intended for the use of responsible adults. Please restrict those children
under the age of 18 from accessing this Website.
Use of this Website constitutes acceptance of these terms, conditions, and policies.
Monarch Machinery, Inc. reserves the right to restrict access to this Website, or any portion
thereof, for any reason, at any time. Such Restriction shall not create any liability
or cause to claim for damages to arise.
Monarch Machinery, Inc. reserves the right to not respond to any request for information
from any source for any reason. Refusal to answer such requests shall not create any liability
or cause to claim for damages to arise.
All information, images, and data displayed on this website are believed to be accurate,
however, Monarch Machinery, Inc. cannot be held responsible for erratum or omissions.
Technical errors or omissions will be updated without notice. Typographical errors or inaccuracies
will be corrected without notice. Improvements, changes, corrections, and updates will be made
without notice.
Specifications regarding Goods described in this Website are believed to be true and correct as
taken from manufacturer's specifications given to us. They are provided solely as a courtesy to
the Visitor and Monarch Machinery, Inc. is not responsible for their accuracy.
Please be advised that all prices displayed are subject to change without notice. All prices
listed are believed to be correct, however, the displayed prices do not constitute a quotation or
offer for any product or service. Prices posted on this Website should be used as a guide only.
Written Price Quotations are available by contacting Monarch Machinery, Inc. by telephone, fax, or email.
Unless otherwise expressly provided, purchase price is payable in Victoria, Victoria County, Texas, USA.
WRITTEN PRICE QUOTATIONS ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE
STATED. Quotations do not include sales or other taxes. All taxes applicable to sale of Goods shall be paid
by Buyer in addition to, and at the time of, the payment of purchase price, unless Buyer presents written
evidence of any applicable exemption. If the Buyer fails to timely pay any amounts due Monarch Machinery,
Inc., such amounts shall bear interest at the maximum rate allowed by law.
Conditions appearing on Buyer's Purchase Orders which are inconsistent with the Written Price Quotation
are not binding upon Monarch Machinery, Inc.
THERE ARE NO WARRANTIES BY MONARCH MACHINERY, INC. ANY WARRANTIES ON NEW
GOODS ARE THOSE MADE BY THE MANUFACTURER. WARRANTY ON USED GOODS, IF ANY,
MUST BE SEPARATELY SET FORTH BY ADDENDUM TO THE ORDER CONFIRMATION. OTHERWISE,
MONARCH MACHINERY, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER
EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. MONARCH MACHINERY, INC. NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE
SALE OF GOODS AND SERVICES. ANY SUIT FOR BREACH OF WARRANTY ARISING FROM A
PURCHASE OF GOODS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER
TENDER OF DELIVER IS MADE BY MONARCH MACHINERY, INC. MONARCH MACHINERY, INC. SHALL
NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR OTHER CLAIMS ARISING OUT
OF ANY DEFECT IN MATERIAL OR WORKMANSHIP OR DESIGN. BUYER SHALL NOT COMMENCE
ANY ACTION AGAINST MONARCH MACHINERY,INC. ARISING OUT OF OR RELATING TO THE GOODS
OR SERVICES PURCHASED, INCLUDING, BUT NOT LIMITED TO, ANY DEFECT IN MATERIAL OR
WORKMANSHIP OR DESIGN AND/OR NEGLIGENCE UNTIL BUYER SHALL COMMENCE SUCH ACTION
AGAINST THE MANUFACTURER OF SUCH GOOD OR SERVICE. BUYER MUST PROSECUTE
SUCH SUIT TO FINAL JUDGEMENT WITHOUT FURTHER RIGHT OF APPEAL WITH ALL COMPETENCE
AND DILIGENCE (UNLESS BUYER SHALL ALLEGE THAT SUCH DEFECT RESULTED SOLELY
FROM ACTION OR INACTION OF MONARCH MACHINERY, INC.).
ALL INFORMATION OFFERED ON THIS WEBSITE IS WITHOUT ANY SPECIFIC WARRANTY
OF ANY KIND. NO WARRANTY IS EITHER EXPRESSED OR IMPLIED. NO WARRANTY OF
IMPLIED MERCHANTABILITY IS OFFERED. NO WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE IS OFFERED. NO WARRANTY OF NON-INFRINGEMENT IS EXTANT.
MONARCH MACHINERY, INC. WILL NOT BE HELD LIABLE FOR DIRECT OR INDIRECT,
CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES RELATED TO A VISITOR'S USE
OF THIS WEBSITE. MONARCH MACHINERY, INC. WILL NOT BE LIABLE FOR ANY DAMAGES
DUE TO LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA
HANDLING CAPABILITY, LOSS OF USE OF ELECTRONIC DEVICES OR COMPUTERS,
LOSS OF USE OF COMPUTER PROGRAMMING OR ANY OTHER DATA LOSS OR
LOSS OF DATA USE ARISING FROM A VISITOR'S USE OF THIS WEBSITE.
To the maximun extent permitted by Law, the visitor to this Website will defend, indemnify, and
hold harmless Monarch Machinery, Inc. from and against all claims, liabilities or expenses
arising from the use of the data or services contained in this Website.
Unless otherwise stated in writing, all Goods are sold FOB Monarch Machinery, Inc. Offices in
Victoria, Victoria County, Texas 77901, or Manufacturer's Factory and Buyer shall pay all
shipping and freight charges.
All Goods are sold in an "As-Is" Condition unless otherwise stated in writing. All unloading, uncrating,
placement, cleaning, adjustment, and testing are the responsibility of the Buyer unless otherwise
stated in writing. Operator instruction and provisions for safe operation are the responsibility of the Buyer
unless otherwise stated in writing.
All Machinery is sold without tooling unless otherwise stated in writing.
All Machinery packaging or crating required for shipment is not included in the price unless otherwise
stated in writing.
All Machinery is sold without pre-installation inspection, nor pre-installation adjustment
services unless otherwise stated in writing.
Monarch Machinery, Inc. strongly suggests that Trained and Experienced Machinery Technicians be
utilized in the unloading, uncrating, placement, cleaning, adjustment, and testing of each Machine before the
Buyer's Employees are trained in that machine's operation and safety procedures.
None of these services are a part of a Purchase unless stated in writing; and then only
those services specifically enumerated in the Purchase Agreement.
Buyer shall keep and maintain the Goods in good operating order and shall use, operate and where applicable
install the Goods in accordance with Manufacturer's instructions, OSHA Standards, advisable safety
standards, (including, but not limited to, necessary guards for the protection of employees) and industry
standards (including, but not limited to, ANSI 01.1-1992: Safety Requirement for Woodworking Machinery).
Buyer shall require all users and operators of the Goods to use, operate and where applicable , install
the Goods in accordance with Manufacturer's instructions and all industry and advisable safety standards.
Buyer shall not alter or modify the Goods in any respect; nor shall the Buyer exceed the Manufacturer's
rated capacities. Buyer shall not use or operate or permit any person to use or operate or come into
contact with the Goods unless (a) Buyer shall examine the Goods carefully for any defects or other
nonconformity immediately before such use, operation or contact, and (b) Buyer shall cause such person
to understand the proper use and operation of the Goods in accordance with the manufacturer's
instructions and all industry and advisable safety standards. Buyer shall properly store the Goods when not
in use, operate and where applicable install the Goods only for the purpose intended by the Manufacturer
thereof. Buyer shall indemnify and hold Monarch Machinery, Inc. harmless from all claims, actions,
demands, costs (including , without limitation, attorney's fees), losses or liabilities arising from any cause
whatsoever, in contract or in tort (including, without limitation, Monarch Machinery Inc.'s sole, partial,
or concurrent neglience or strict product liability related to the marketing of a defective or unreasonably
dangerous product) and arising from or related to the sale , furnishment, installation, use, operation, or
maintenance of the Goods.
All safety devices and guards provided for in writing will be delivered with the machinery. The furnishing of
such devices does not guarantee the safety of an operator from injury, maim, or physical harm.
No such protection from harm is implied or expressed. It is the Buyer's duty to operate,
maintain, and repair the machinery in the safest possible manner. Monarch Machinery, Inc. will
be held harmless and indemnified by the Buyer from any and all claims arising from the
unloading, uncrating, adjustment, connection, calibration, testing, and operation of any and
all machinery and/or connected ancillary equipment or processes. Careful attention to proper
training of machinery operators in the safe utilization of each machine and/or ancillary equipment
and processes is the direct responsibility of the Buyer with special emphasis directed to each
machine's unique profile of pinch points, clamp hazards, electrical wiring, blade and bit contact
areas, heated surfaces, noise protection requirements, dust and chip eye protection, and
dust and chip fire and explosion hazards.
MONARCH MACHINERY, INC. MAKES NO WARRANTIES OR GUARANTEES, EXPRESSED
OR IMPLIED, ABOUT MACHINERY AND/OR ANCILLARY EQUIPMENT OR PROCESSES
EVEN THOUGH INSTALLED, OPERATED, AND MAINTAINED IN COMPLIANCE AND ACCORDANCE
WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS OF THE US OCCUPATIONAL
HEALTH AND SAFETY ADMINISTRATION. IT IS THE SOLE RESPONSIBILITY OF THE BUYER
TO PROVIDE FOR THE SAFE INSTALLATION, ADJUSTMENT, CALIBRATION, OPERATION,
MAINTENANCE AND REPAIR OF ALL MACHINERY, AND/OR ANCILLARY EQUIPMENT AND
PROCESSES. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO PROVIDE FOR
OPERATORS TRAINING AND SAFETY TRAINING AND TO COMPLY WITH ALL STATE
AND FEDERAL LAWS, RULES, AND REGULATIONS PERTAINING TO MACHINERY PLACEMENT
AND OPERATION TO INSURE THE SAFETY OF MACHINE OPERATORS.
Use of this Website acknowledges that all activity is deemed to have taken place or occurred in the State
of Texas, County of Victoria. All matters arising from the use of this Website are within the sole
jurisdiction of and will be governed by the Laws of the State of Texas.
All payments are due in US Dollars by wire transfer or check unless otherwise provided for in writing.
Shipments contingent upon payment will occur after deposited funds have matured and cleared
in accordance with applicable federal and state banking laws and regulations.
Title of Goods sold herein shall not pass until payment is made in full.
Buyer may not cancel any order after shipment. If Buyer's cancellation notice is received prior to shipment
of the Goods from its initial shipping point, Buyer shall pay to Monarch Machinery, Inc. liquidated damages
as follows: The greater of (a) any cancellation charges, penalties, assessments, or other charges to or
incurred by Monarch Machinery, Inc. as a result of Buyer's failure to perform, plus 5% of the net amount of the
purchase, or (b) any deposit paid to Monarch Machinery, Inc. or a Manufacturer by or on behalf of Buyer plus
5% of the net amount of the purchase, or (c) 15% of the net amount of the purchase.
Returns are not permissible without the expressed written consent of Monarch Machinery, Inc.
All requests for returns should be made to Monarch Machinery,Inc. by telephone.
Any item accepted for return shall be subject to inspection, and all returns shall be assessed a fee
not less than the restocking and transportation charges involved in returning the goods to the
appropriate location.
Any and all circumstances not addressed in these Website Terms, Conditions, and Policies
will fall within the the standards printed on the reverse of each Monarch Machinery, Inc. Invoice.
A copy of these Company Terms and Conditions are available upon request.
Miscellaneous
Monarch Machinery Inc. may, on occasion, without notice, make changes to the terms,
conditions, and policies that control this Website. Each time Visitors view this Website they
should review these terms, conditions, and policies. Monarch Machinery, Inc. reserves the right
to not respond to any request for information or performance from any source for any reason.
Please do not hesitate to contact us if you have any questions.
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