Terms and Conditions for Online Sales

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT, IF ANY, TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

Applicability of Terms and Conditions. These terms and conditions (these "Terms") shall apply to your purchase of used machines through www.jacksmachinery.com (the "Site") and shall constitute the terms of a sale agreement between you and SD EQUIPMENT INC (the “Company” or the “Seller”). Please review these Terms in their entirety prior to engaging in any transaction with the Seller.
No Conflicting Terms. You agree that these Terms shall prevail over any conflicting terms and conditions in any purchase order or any other instrument or document provided by you in connection with any purchase from the Seller. Any additional or different terms or conditions in any purchase order or other instrument or submission by you shall be deemed objected to by the Seller without the need of any further or additional notice of objection, and such additional or different term shall be of no effect or in any way binding upon the Seller. The Seller reserves the right to reject your offer. The Seller also reserves the right to provide you with a counter-offer for a different used machine should the machine identified in your order no longer be available. Your acceptance of that counter-offer shall also be deemed an acceptance of the Terms herein.
Payment Terms. Payment of the full purchase price must be made before the Company ships the used machine to you. All applicable prices are set forth alongside the machines offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made via wire transfer. You shall have no right of set-off or withholding, and no deduction of any amounts due from you to the Company shall be made without the Company’s prior, express written approval.
Delivery. The delivery of the used machines shall be F.O.B. Seller’s warehouse location. Seller shall arrange for preparing, dismantling, handling and loading the Equipment for shipment to Purchaser. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments
Force Majeure. The Company shall not be in default by reason of failure of performance of its obligations under this Agreement, if such failure arises out of causes beyond its reasonable control and without the fault or negligent act or omission. Such causes include without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, work stoppage or failures of any kind The Company shall use reasonable efforts to notify you of the occurrence of such an event within ten (10) business days after its onset.
Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://jacksmachinery.com/en/footer/privacy-policy and https://jacksmachinery.com/en/footer/terms-of-use. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
THE USED MACHINES ARE BEING SOLD TO YOU “AS IS” AND “WITH ALL FAULTS.” THE COMPANY DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WITH RESPECT TO THE MACHINES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.

Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the used machines sold hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying the used machines from the Site for solely your own use, and not for resale and/or export.
Manufacturer’s Warranty and Company’s Disclaimers. We do not manufacture (or direct the manufacture of) any of the used machines offered on our Site in any way. The availability of machines on our Site does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the used machines to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
Liability Cap. UNDER NO CIRCUMSTANCES WILL SELLER’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY USED MACHINE. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

Third Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law/Binding Arbitration.

Governing Law. These Terms shall be governed by the laws of the State of New York without regard to its conflict of laws principles.
Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in New York, NY. The language of the arbitration shall be English. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each Party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) emails at: frederik@jacksmachinery.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: 1700 W.Irving Park Rd. , Suite 209A - Chicago, IL 60613.
Entire Agreement. These Terms, along with the terms of any counter-offer referenced in Section 2 above, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.