TERMS & CONDITIONS

The following Terms and Conditions are a part of all proposals tendered and all orders accepted by Marion Mixers, Inc., Inc., and may not be added to, modified, rescinded, or waived in whole or in part except in writing by Marion Mixers, Inc.

PRICES

Prices are quoted F.O.B. Marion, Iowa, unless otherwise stated. The quotation is valid for 30 days from date of quotation, and is subject to change without notice after 30 days. Prices do not include excise, sales, use and/or transportation taxes of any taxing authority. If applicable taxes are not included in the equipment invoice, such taxes may be invoiced later.

SHIPPING ESTIMATE

Our shipping estimate is based upon our present production schedule and may have changed at the time of order placement. Shipment is subject to unavoidable delay, and the Seller shall not be liable for any delayed shipment because of strikes, fires, delay by component part manufacturer or supplier, accident or act of God.

TERMS OF PAYMENT

Acceptance of any order can only be made by Marion Mixers, Inc., at Marion, Iowa. Terms of payment are stated hereon or shall be established by Seller. Should Buyer not meet the terms of payment, Buyer agrees that Seller may, at Seller’s option, remove any unpaid for equipment from Buyer’s possession with Buyer being liable for the costs of such removal.

CANCELLATION

Buyer may terminate or suspend this contract only with written consent of Marion Mixers, Inc. Cancellation charges, if any, will be determined by the Seller and will be based upon costs incurred.

WARRANTY AND LIMITATION OF LIABILITY

Marion Mixers, Inc. warrants to the original purchaser only that the equipment supplied shall be free from defective workmanship and material for a period of twelve (12) months following date of start-up but not more than fifteen (15) months following date of shipment. This warranty shall not apply to electric motors, gear reducers or other equipment components not manufactured by Marion Mixers, Inc. and the warranty on such components is limited to that extended by the component manufacture. This warranty is made in lieu of all other warranties expressed or implied. Moreover, it shall not apply to any unit which has been altered or modified outside the factory in such a way to influence the durability of the product. Seller’s sole responsibility shall be the replacement of defective parts and shall not include installation labor. Seller can give no warranty as to the suitability or performance of the equipment in the Buyer’s intended purpose or use.

HAZARD CONTROL DEVICES AND EQUIPMENT

Seller furnishes those Hazard Control Devices which are listed on our quotation, acknowledgment, drawings, and invoice, and which may be further listed in our instruction manuals and other publications. Buyer agrees not to remove or materially alter any of these hazard control devices which are attached to or included with the equipment. Buyer further agrees to connect, use, and regularly check for safe operation all hazard control devices, electrical interlocks, guards, grates, covers and/or cautionary or warning signs, tags and decals. Buyer agrees to follow instructions provided with equipment by seller, particularly with respect to safe operation of machine or equipment. Buyer agrees to properly train his or her employees in safe operation procedures and to never permit any person to perform any maintenance, adjustment or cleanup of machine until power is turned off and locked out and machine has come to a complete stop. IT IS THE RESPONSIBILITY OF THE BUYER/USER TO MAKE INSPECTIONS AND TAKE WHATEVER ACTION MAY BE NECESSARY TO PREVENT LOSSES, ENFORCE SAFETY PROCEDURES AND ELIMINATE HAZARDOUS CONDITIONS SO AS TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW REGARDING SAFETY OR HEALTH, AND TO PROVIDE A SAFE WORKPLACE FOR HIS OR HER EMPLOYEES AND A SAFE ENVIRONMENT FOR ALL PERSONNEL.

TITLE

Delivery of equipment to a carrier by Seller shall constitute transfer of title, ownership and possession, and the carrier shall thereafter be deemed to be acting for Buyer and the equipment shall be thereafter at Buyer’s risk.

WRITTEN NOTICE

Buyer/User agrees to notify Marion Mixers, Inc., Inc. in writing of any change in ownership of the equipment and prior to any material alteration of the equipment.

PRECEDENCE

The Seller rejects any terms or conditions in Buyer’s order or other form of Buyer which are in conflict with, reduce, or affect the foregoing terms and conditions. In the event of a conflict between the foregoing terms and conditions, and any other written or oral representations or understandings, the foregoing terms and conditions will control.