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Title of Goods sold herein shall not pass until payment is made in full.
Monarch Machinery, Inc. will provide shipping dates that are approximations only, and are based
on prompt receipt of all necessary information regarding the Purchase. Monarch Machinery, Inc
will use its best efforts to meet the estimated shipping date, but it shall not be held responsible
for its failure to do so. Monarch Machinery, Inc. shall not be subject to any penalty or liability
and shall not be responsible for loss of profits or damages incurred by Buyer, its customers, or
other consequential damages resulting from Monarch Machinery, Inc.'s failure to deliver within
time specified. Delivery of the Goods to a Common Carrier or any agent of the Buyer ( or loading
upon Monarch Machinery, Inc.'s vehicle for delivery) shall constitute delivery to Buyer; hereafter
all risk of loss or damage in transit shall be borne by Buyer. Monarch Machinery, Inc. may use
its best judgement in selecting the appropriate means of shipment. Monarch Machinery, Inc. may
make partial shipments and Invoice Buyer therefore. 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.
The Buyer may designate a Preferred Carrier. Monarch Machinery, Inc. will add the increase
in freight costs to the Buyer's Invoice.
The Buyer is responsible for providing Monarch Machinery, Inc. and all Freight Carriers and
Forwarding Agents with correct destination information. The Buyer is responsible for all aspects
of delivery, including, but not limited to, access for Carriers' delivery vehicles, personnel to
supervise unloading, appropriate person to sign for delivery acceptance, shipment inspection for
damage in transit, equipment for unloading (such as forklifts, cranes, manlifts), qualified operators
for unloading equipment, or any other circumstance to complete delivery. The Buyer will be
assessed any fees and charges that accrue from additional delivery visits or demurrage or any
damages that may arise from failed unloading attempts or Carrier vehicle damage.
The Buyer is responsible for Import Duties and/ or Excise Taxes. Any and all fees, documents,
and information required to complete delivery are the responsibility of the Buyer. Any Import Fees
or Duties paid before shipping will be added to Buyer's Invoice. Any Import Fees or Duties
required to clear a shipment through any governmental authority are due and payable from the
Buyer. Monarch Machinery, Inc. will not participate in any extralegal payments to secure the
safe and/or timely passage of Goods through any governmental authority or agency. Any delays
in transit due to weather, breakdown of Carrier's equipment, civil unrest, governmental interference,
or any unforseen circumstances are the sole risk of the Buyer and will not delay the required
payment of monies due to Monarch Machinery, Inc.
The Buyer is responsible for reporting shortages and/or concealed breakage in transit
within Three days of arrival. Monarch Machinery, Inc. reserves the right to require photographic
evidence of such claims. The Buyer is required to retain all crating and shipping packaging for the
inspection of the Freight Claims Agent. Monarch Machinery, Inc. will determine the disposition
of all involved Goods and the Buyer is required to dispose of all Goods in the manner agreed to.
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.
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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