Terms & Conditions

SUMMARY INFORMATION – TERMS & CONDITIONS, WARRANTY & MORE

TERMS & CONDITIONS APPLY

ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Colorado Mill Equipment will not load trucks without payment in full. Please confirm payment has been received prior to scheduling a truck for pick up. A wire transfer can take 24 hrs. and mail can take up to five business days. Customer is responsible for unloading truck on arrival.

DEPOSITS/PAYMENTS- A 50% deposit is required within 5 business days of the order being placed or it may result in the order being canceled without notice. Equipment must be picked up within 10 business days of the full payment received. Orders must be paid in full upon notice of completion. If order is not paid in full, a 25% restocking fee plus a 1.5% monthly service fee will be deducted from the full project amount.

RESALE/TAXES/DUTIES
Prices do not include duties, local, state, or use taxes. Customer is responsible for such fees and taxes. Colorado and Illinois residents must submit resale certification if unit is for resale or mfg. exemption.

INSTALLATION

Colorado Mill Equipment strongly recommends all parts & equipment be installed by an industry professional. Colorado Mill Equipment is not responsible for damages resulting from improper installation and/or maintenance. Customer to supply and install all electrical controls, starters, e-stops, safety, etc. Customer must specify if XP or specific motor class is required as extra charges will apply. Customer responsible to update the safety to meet any local, state, federal or OSHA standards.

APPLICATIONS/PROCESS NON-GUARANTEES

No machinery application and/or process guarantees given or implied. Customer must contact the OEM Mfg. to determine suitability for the application.

WARRANTY TYPES

New – 1 year warranty through OEM. CME does not warranty motors. All motors are warrantied through the motor manufacturer only.
Used – Sold As-is. No warranty, no returns.
Serviced – Visually inspected and/or test run. 30-day parts warranty from date delivered.

TERMS & CONDITIONS

Definitions. The term “Buyer” as used herein shall mean the individual, firm, partnership, corporation, limited liability company or entity to whom this sales order is addressed. The term “Seller” as used herein shall mean Colorado Mill Equipment LLC.
Complete Contract. This sales order contains the complete agreement between Buyer and Seller, and no course of dealing or usage of trade or actual course of performance shall be relevant to explain or supplement any term used herein, and all different terms and conditions proposed by Buyer are hereby expressly rejected. Any other oral agreement between the parties with respect to the subject matter hereof shall be null and void. If Buyer shall use its own purchase order or other form to order from Seller, such form shall be used for convenience only and shall evidence Buyer’s unconditional agreement to these terms and conditions. Any additional terms or conditions contained therein are objected to by Seller. Seller’s failure to object to specific provisions contained in Buyer’s orders or other communications shall not be deemed a waiver of the terms and conditions herein. Agreement to these terms and conditions can be made by any commercially reasonable means, including Buyer’s return of a duplicate copy of this sales order or Buyer’s acceptance of goods covered herein. Acceptance by Buyer of goods covered herein shall conclusively be deemed Buyer’s acceptance of the terms and conditions on the front and back of this sales order. No additional or other terms shall be binding upon Seller unless accepted in a writing signed by Seller.
Limited Warranty. Seller warrants, for a period of 12 months from the date of delivery to Buyer (the “Warranty Period”) that the new goods delivered here under are free from defects in material and workmanship under normal conditions of use and service. Seller’s sole obligation under this warranty shall be, at its option, to either repair or replace the nonconforming goods without cost to Buyer. Seller shall not be obligated to repair or replace any goods unless Buyer notifies Seller of the defect during the Warranty Period or if the goods or any part thereof have been misused, abused or damaged (including damages by accident, fire or other casualty), used or installed contrary to Seller’s instructions or modified or repaired without Seller’s authorization. Repair or replacement pursuant to this warranty shall not renew or extend the Warranty Period, but any repaired or replaced goods shall be warranted for the balance of the original Warranty Period or 30 days, whichever is longer. Repair or replacement on the terms provided above shall be Buyer’s sole remedy for any nonconforming goods delivered hereunder. In no case, shall Seller be responsible for, nor shall Buyer make any claim against Seller for, any incidental, special or consequential damages or for any other loss or relief not expressly provided for herein. All used, refurbished, reconditioned, or rebuilt goods has no warranty unless otherwise stated on invoice.
Warranty Disclaimer. Except as provided in SECTION 3 hereof, seller expressly disclaims all other warranties and remedies, expressed or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability. Except as provided in SECTION 3 hereof, seller’s liability hereunder shall be limited to seller’s invoiced price for the goods purchased and paid for. In no event shall seller be liable to buyer or any other person for any direct, indirect, incidental, consequential or special damages relating to the goods covered hereby, whether based on contract, negligence, strict liability or otherwise.
Prices. The prices stated herein are F.O.B. Seller’s plant and are based on the quantities specified for delivery in a single lot unless otherwise indicated on the front side hereof. Such prices are subject to increase by Seller for (i) any order change made by Buyer and approved by Seller, and (ii) with respect to multiple orders pursuant to a single purchase order, any order confirmed after a general price increase made by Seller.
Payment. Payment terms are stated on the front of Seller’s invoice. Outstanding balances not paid when due shall be subject to a late charge accruing from the date of Seller’s invoice at the rate of the lower of eighteen percent (18%) per annum or the maximum interest allowable under applicable state law on any late payments due hereunder. Failure to timely pay any Seller invoice shall cause all subsequent invoices to become immediately due and payable.
Taxes and Fees. Prices stated herein do not include any taxes, charges, assessments or duties, and the amount of any thereof, which Seller is required to pay or collect shall be invoiced to Buyer. Buyer shall be responsible for and pay all such taxes, charges, assessments and duties arising by reason of this order. Buyer shall also pay any collection fees and reasonable attorneys’ fees incurred by Seller in collecting payment of the purchase price and any other amounts for which Buyer is liable under the terms and conditions hereof.
Shipment; Risk of Loss; Title. Unless otherwise agreed to in writing by the parties, deliveries of the goods shall be F.O.B. Seller’s plant. Seller shall use its best efforts to place the goods in the possession of a carrier and to make a contract for their transportation as may be reasonable, having regard for the nature of the goods and generally accepted commercial standards. Buyer shall be responsible for and pay all expenses paid or incurred by Seller in delivering the goods. Buyer shall be responsible for insuring the goods during shipment. Risk of loss of the goods shall pass to Buyer at the time the goods are tendered to such carrier.
Cancellation; Modification; Suspension. Cancellation, modification, suspension or delay in shipment of Buyer’s order shall not be accepted on terms which will not fully indemnify and reimburse Seller against loss; such indemnity to include recovery of all direct costs incurred, including normal indirect and overhead charges and a normal profit.
Credit Approval. Shipments, deliveries and performances of work shall at all times be subject to the approval of Seller’s credit department. Seller may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment in advance or upon such other payment terms as are acceptable to Seller’s credit department.
Installation. Buyer is responsible for installing goods properly and adding any additional safety features including additional, shutoffs, lockouts, safety guarding warning labels, and anything else as required by all city, county, state, and federal laws and safety codes.
Force Majeure. Seller shall not be liable for any delay in performance or nonperformance on the part of Seller, directly or indirectly caused by fire, explosion, accidents, flood, labor trouble or shortage, war, act or regulation of any government, inability to obtain suitable material, equipment, fuel, power or transportation, or act of God, arising from contingencies, happenings or causes beyond the control of Seller. Quantities so affected by any such circumstances may be reduced by Seller without liability, but this sales order shall otherwise remain unaffected.
Waiver. The failure of Seller to insist in any one or more instances upon the performance of any of the terms, covenants or conditions of this sales order, or to exercise any right herein, shall not be construed as a waiver or relinquishment of any other terms or conditions of this sales order nor of the future performance of any term, covenant or condition or the future exercise of any rights herein.
Assignment. Buyer shall not assign its right under this sales order or any interest herein without Seller’s prior written consent. Any assignment without such consent shall be void and have no force and effect. [Seller, in its sole discretion, may subcontract or delegate any of its rights and obligations hereunder to any other party, without the prior written consent of Buyer.]
Set Off. Seller may set off any amount due from Buyer, whether or not under this sales order, against any amount which may become due to Buyer hereunder.
Controlling Law; Jurisdiction. This transaction shall be governed by, and this sales order shall be construed and enforced in accordance with the laws of Colorado without regard to any conflicts of laws principles. Any and all legal actions or proceedings shall be brought only in the courts of the State of Colorado.
General. The rights and remedies of Seller herein shall be cumulative and in addition to all of Seller’s other rights in law or equity. The titles of the sections set forth herein are for convenience only and shall not be applied to limit or restrict the meanings herein. Any provision herein prohibited by law, regulation or ordinance shall be ineffective to the extent of the prohibition without invalidating the remaining provisions herein.

LIMITED WARRANTY

Revised April 2018

Definitions. The term “Buyer” as used herein shall mean the individual, firm, partnership, corporation, limited liability company or entity to whom this sales order is addressed. The term “Seller” as used herein shall mean Colorado Mill Equipment, LLC.

Seller warrants our equipment/parts to be free of manufacturing with following terms, warranty period begins on the equipment ship date and extends to the following time limits:

New Equipment. 1-year warranty against manufacturer defects in material & workmanship excluding consumables and high wear parts which have a 30-day warranty.

Replacement Parts. 90-day warranty against manufacturer defects in material & workmanship.

Consumables & High Wear Parts. Including, dies, die fasteners, rolls, roll parts, screens, hammers and belts, 30-day warranty against manufacture defects in material & workmanship.

Warranty does not cover normal wear and damage due to abuse, misuse, improper maintenance, improper assembly, failure to follow the instructions in the manual, or neglect of normal care.

Warranty may be limited or voided for applications considered abrasive, severe, or beyond original manufacturer specifications for the machine.

Warranty is not transferable and valid only on equipment sold in the United States of America and Canada. No warranty on equipment purchased in the United States of America and then exported.

Any alteration to equipment without express written consent of Seller will constitute a waiver of warranty by the Buyer.

This warranty does not cover the removal of the defective part and installation of the repaired part.

All claims must be submitted in writing and authorization obtained from Seller to return defective parts for exchange.

Defective parts must be returned to Seller for exchange. Buyer pays freight costs to Seller, once part has been examined and deemed by Seller to be within warranty, ground shipping of replacement will be provided.

Custom equipment, non-stock, or out of stock equipment may have extended lead times for shipping warranty parts.

Buyers, users, or anyone directing the purchase or use of said equipment shall determine the suitability of the product for its intended use, and said parties are specifically put on notice that they shall assume all risk and liability in connection herewith.

The foregoing warranties are in lieu of and exclude all other warranties not expressly set forth herein, whether expressed or implied by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness.

Seller shall in no event be liable for incidental or consequential losses, damages or expenses in connection with exercise products.

Seller liability hereunder is expressly limited to the replacement of parts not complying with this warranty or, at Seller’s election, to the repayment of an amount equal to the purchase price of the parts in question.

Seller is not responsible for labor charges included in the replacement of defective parts, loss of revenue for down time, or other losses associated from the machine not being operational.

Replacement products are warranted for the balance of the original warranty period.