Terms of service

The machines listed for sale on this web site, unless specifically stated otherwise, are used machines and as such are subject to performance variations from new ones. Machines listed for sale may have been reconditioned, or refurbished by Process Equipment, its agents, or by prior owner(s). Machines have not been endorsed or approved by the original manufacturer and, unless otherwise stated, do not fall under the original manufacturer's warranty. Machine listings and descriptions presented are for informational purposes only and Process Equipment does not guarantee the accuracy of such information. Process Equipment may obtain machine listing information, including descriptions from third parties, so there is a possibility that unintentional errors can occur. You agree that any reliance on the machine listing and descriptions on the website is at your own risk. Process Equipment is under no obligation to finance, sell, or lease a machine to you. All machines are subject to prior sale and may not be available or able to be operated in your area, when you are ready to purchase. All trademarks visible in photographs of equipment presented on the site are and any trademarked brand names found on this web site are made for descriptive purposes only and are the property of their respective owners and no claim of trademark ownership or authorized representation is made

TERMS AND CONDITIONS
These Terms and Conditions shall apply to the sale of all equipment and goods listed on this invoice (the "Goods") unless otherwise agreed in writing by the purchaser ("Purchaser") and an authorized officer of Process Incorporated ("Process"). Any terms or conditions contained on a purchase order or other writing by the Purchaser shall be binding upon Process only insofar as they do not vary or add to these Terms and Conditions.

1. DELIVERY AND ACCEPTANCE
Unless otherwise expressly provided, the prices shown are F. O. B. point of shipment. Risk of loss of the Goods passes from Process to the Purchaser upon delivery of the Goods to a carrier at the F.O.B. point. Purchaser shall be deemed to have accepted the Goods as conforming to the contract if Purchaser does not notify Process to the contrary in writing within 5 days after delivery of the Goods to Purchaser. All sales are final.

2. PAYMENT
Unless otherwise specified, payment of the purchase price is due at the time of shipment. Title of the Goods passes to the Purchaser only upon payment of all amounts owing under this Invoice. All amounts which are past due will be subject to an interest charge of 1.5% per month (18% per annum) from the shipment date. Invoices are payable at Process Incorporated, 1058 N Tamiami Trail Ste. 108 #311 Sarasota, FL 34236

3 SECURITY AGREEMENT
Purchaser hereby grants Process a security interest in Goods to secure payment of all sums due under this invoice, and Purchaser agrees to execute any documents reasonably required by Process for perfection of this security interest. Purchaser shall not sell, dispose of, attempt to convey, or remove the Goods from the county where originally delivered until invoice is paid in full.

4. GOVERNING LAW; JURISDICTION AND VENUE; ATTORNEY FEES
This contract shall be governed by the laws of the state of Florida. In the event of legal action. In the event of a legal action, Purchaser hereby consents to jurisdiction and venue in the Superior Court of Florida for Hillsborough County.

5. DELIVERY DELAYS
Delivery estimates represent Process' best judgment based upon information received from manufacturers and suppliers. In no event shall Process be liable for incidental damages, consequential damages, lost profits or loss of use of the Goods due to delay in delivery.

6. ADDITIONAL TAXES
In addition to the prices specified, Purchaser shall pay any federal, national, state, provincial, local and other taxes (including without limitation any goods and services, sales, use, excise, gross receipts, compensation, transaction or similar taxes, but excluding taxes on net income) and duties, together with any penalties and interest thereon imposed by reason of the sale of the Goods by Process to Purchaser.

7. WARRANTIES AND WARRANTY DISCLAIMER AND LIMITATIONS
7.1 USED GOODS SOLD AS IS. All goods are sold AS IS, WITH ALL FAULTS. With respect to the purchase of used goods, Purchaser acknowledges that it has examined or had the opportunity to examine the Goods and is relying on the Purchaser's expertise as to the condition, fitness for purpose and value of the Goods. Purchaser further acknowledges and agrees that it purchased used good relying solely on its
examination and investigation of the used goods and that it has not relied on any act, omission, representation, or failure to represent any fact. Further, Process makes no representations or warranties as to such used goods. Unless otherwise expressly and specifically agreed in writing, or written statements concerning condition, condition of wear parts, hours or hour meter readings are estimates only provided for description and identification of the Goods, are not warranties and are not part of the agreement of the parties.
7.2 WARRANTY DISCLAIMER AND LIMITATIONS. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO OTHER EXPRESS OR IMPLIED WARRANTY, STATUTORY OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. ORAL STATEMENTS BY EMPLOYEES OF PROCESS DO NOT CONSTITUTE WARRANTIES. PROCESS WILL NOT BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS, OR DAMAGE TO OTHER PROPERTY. FOR ANY BREACH OF WARRANTY OR FOR NEGLIGENCE OR OTHER FAULT, THE LIABILITY OF PROCESS AND PURCHASER'S EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO RETURN OF THE GOODS AND REFUND OF THE PURCHASE PRICE, OR REPAIR OR REPLACEMENT OF GOODS, AT THE OPTION OF PROCESS. ANY WARRANTIES ARE MADE TO THE PURCHASER ONLY, AND NO WARRANTY IS MADE OR AUTHORIZED TO BE MADE ASSIGNABLE ON RESALE BY PURCHASER.

8. ENTIRE AGREEMENT
These Terms and Conditions, is the sole agreement between Process and Purchaser with respect to the Goods. Any understanding, representation, course of dealing or condition not contained herein shall not be a part of the parties' agreement. These Terms and Conditions, and all other terms provided in this Invoice, supersede and replace all previous oral statements and writings
concerning the Goods, all of which are merged into this Invoice, No addition to or modification of these Terms and Conditions shall be effective unless agreed to in writing by an authorized officer of Process.