Terms & Conditions

Terms and Conditions 

Furnaces, Ovens & Baths, Inc.  

The following terms and conditions (these “Terms and Conditions”) are agreed  to by Furnaces, Ovens & Baths, Inc. (“FOB”) and the purchaser (“Purchaser”).  FOB’s acceptance of any order is subject to these Terms and Conditions. No  contrary, additional or different terms, provisions or conditions shall be  binding on FOB unless accepted by FOB in writing.  

1. Payment Terms: Terms of payment are net cash in United States dollars,  prior to delivery, Free on Board @ FOB’s place of business, unless otherwise  specified on the accompanying “invoice” form.  

2. Taxes: Prices do not include any federal, state or local taxes, which are in  addition to the purchase price and must be paid by the Purchaser. Any and  all foreign duties and taxes are the responsibility of the Purchaser. Unless  Purchaser furnishes FOB with a tax exemption certificate, any sales, use,  excise or other similar tax, where applicable, shall also be the responsibility  of Purchaser and may, at the election of FOB, be added to the quoted  purchase price and invoiced by FOB to Purchaser. The failure of FOB to  invoice such taxes does not excuse the Purchaser from responsibility for  paying them. In the event that Purchaser either fails to pay the tax or other  charges as agreed above or fails to provide a valid exemption certificate,  Purchaser agrees to indemnify and hold FOB harmless from any liability and  expense by reason of Purchaser's failure. Such indemnification shall include,  but not be limited to, attorneys' fees and/or other legal expenses relating to  such failure.  

3. Acceptance by Purchaser: 30 Day Limited Return Privilege: Purchaser agrees  that Purchaser’s acceptance of the machinery or equipment tendered shall  constitute an acknowledgment by Purchaser that such merchandise or  equipment satisfies any and all obligations of FOB hereunder. Purchaser may  not revoke its acceptance for any reason whatsoever, provided, however,  and unless otherwise specifically provided herein to the contrary. The  machinery, if accepted for return must be returned in the same condition as  shipped, freight prepaid by Purchaser. Purchaser shall not return any  machinery without prior written permission of FOB. The warranty herein shall be void in the event that Purchaser makes any attempt to correct any  mechanical defect or otherwise alters the machinery. This return privilege  does not apply to machines sold directly from auctions, sold from private  user’s plants or sold from others unless specifically arranged in writing. This  return privilege does not apply if Purchaser has negotiated a reduced price  which takes into consideration the condition of the property and or if the  machinery or equipment is sold “as is”.  

4. Freight and Insurance: All freight and insurance charges are the  responsibility of Purchaser unless otherwise agreed by FOB and Purchaser in  writing. FOB shall deliver all equipment or merchandise sold hereunder to a  carrier for transport to Purchaser’s place of business or as directed in writing;  Purchaser shall bear all risk of loss with respect to the equipment or  merchandise sold hereunder from the moment they are delivered to the  carrier. Purchaser shall not move, load, transport or otherwise handle the  equipment or merchandise on FOB 's premises without first having obtained  insurance coverage satisfactory to FOB. Such insurance shall include  "Workers Compensation", employer's liability, public liability (bodily injury,  property damage and contractual liability) and automobile liability (bodily  injury and property damage) insurance. Certificates of insurance evidencing  the aforementioned insurance coverages shall be furnished to and shall be  approved by FOB. Purchaser shall comply with FOB’s safety rules and  regulations.  

5. Inspection: Upon reasonable notice to FOB Purchaser shall have the right to  inspect the merchandise and equipment at FOB’s location during normal  business hours prior to time of shipment. FOB STRONGLY RECOMMENDS  THAT PURCHASER CONDUCT AN ON-SITE INSPECTION OF THE EQUIPMENT  AND MERCHANDISE SOLD HEREUNDER. FOB SHALL NOT BE RESPONSIBLE  FOR THE CONSEQUENCES OF PURCHASER'S FAILURE TO INSPECT THE  EQUIPMENT OR MERCHANDISE OR FOR ANY INACCURACIES, INSUFFICIENCIES, OR OMISSIONS IN SUCH DESCRIPTIONS, SAMPLES AND/OR  SPECIFICATIONS. The employees or representatives of FOB are not  authorized to make any statement or representation as to the quality,  character, size, condition, quantity, etc. of the equipment and merchandise  offered for sale inconsistent with these Terms and Conditions. Any such  statements made will not be binding on FOB or be grounds for any  subsequent claim. 

6. No Warranty: Excepting the limited return privilege above, the equipment or  merchandise sold by FOB hereunder is sold “as is” and without warranty,  expressed, written or implied. FOB NEITHER MAKES NOR ASSUMES ANY  LIABILITY UNDER ANY WARRANTY, WHETHER CONTRACTUAL, STATUTORY, BY  OPERATION OF LAW OR OTHERWISE. THE WARRANTIES DISCLAIMED  HEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOB does  not warrant that the merchandise and goods will not infringe any patent,  trademark or other rights of a third party, or that such equipment or  merchandise conforms with any plans or specifications of Purchaser or  others, or meets any requirements of any federal, state, or local laws,  regulations or ordinances, pertaining to safety or insurance requirements.  No salesman or other representative of FOB has authority to make any  warranties. The disclaimers of warranties set forth in these Terms and  Conditions may only be modified or supplemented in a writing duly signed  by an officer of FOB. It is Purchaser’s responsibility to inspect the goods and  to ascertain if the specifications, descriptions and condition of the goods  conform to the Purchaser’s requirements. Any warranty concerning said  goods made by any third party is enforceable only against the third party and  not against FOB.  

7. Purchaser’s Responsibility and Indemnity: It shall be the Purchaser’s  responsibility to ensure that any merchandise or equipment purchased from  FOB is installed and operated in a proper and safe manner. Purchaser  acknowledges that it must contact the original manufacturer to obtain up-to date installation and operation manuals and other information to insure safe  operation of the equipment or merchandise sold hereunder. Purchaser also  acknowledges that it may have to install or change guards, safeties, warnings,  or other components to ensure that the merchandise or machines  purchased hereunder will conform to all laws, regulations, ordinances, codes,  insurance requirements and industry standards. Purchaser shall bear and  pay all expenses, losses, and damages that may arise from the  transportation of the merchandise or equipment, and all losses, damages,  debts and liabilities incurred by the Purchaser in connection with its  purchase, installation, alteration, and operation of the merchandise or  equipment and every other expense relating or incidental thereto, except  such costs, damages, or expenses as may arise from any action or proceeding brought against the Purchaser with respect to the title of FOB to  the merchandise or equipment and FOB’s right to sell and advertise the  same. Purchaser agrees to defend, indemnify and hold harmless FOB from  and against all suits, claims, costs, damages and expenses, including, but not  limited to, reasonable attorney’s fees, arising out of, or in connection with,  the transportation, purchase, ownership, or use of the merchandise or  equipment sold hereunder. This indemnification, and all other  indemnifications in these Terms and Conditions, shall survive delivery of the  equipment or merchandise to Purchaser and any subsequent sale or other  transfer of the equipment or merchandise to a third party.  

8. Non-Liability of FOB: FOB shall not be liable for its failure to perform  hereunder, due to any contingency beyond its reasonable control, including  acts of God, fires, floods, wars, sabotage, accidents, labor disputes or  shortages, government laws, regulations, ordinances or codes, inability to  obtain material or equipment and any similar or different contingencies. In  no event, whether as a result of breach of contract, delay in shipment, or  express or implied warranty, tort (including negligence) or otherwise, will  FOB be liable to Purchaser, its successors or assigns, for any incidental or  consequential damages including, but not limited to, damages for loss of  revenue or profits, cost of capital, claims or customers for service  interruptions or failure of supply, or costs and expenses incurred in  connection with labor, overhead, transportation, installation or removal of  products or substitutes facilities or supply sources, even if FOB has been  advised of the possibility of such damages.  

9. Sales – Used Merchandise or Equipment; Purchaser understands that the  equipment or merchandise sold hereunder have been used by persons other  than FOB. Purchaser is warned and acknowledges that such equipment or  merchandise may bear or contain hazardous chemicals or other hazardous  materials which may be or may become, by chemical reaction or otherwise,  directly or indirectly hazardous to life, to health, or to property (by reason of  toxicity, flammability, explosiveness or for other similar or different reasons  during use, handling, cleaning, reconditioning, disposal or at any other time  after the article leaves the possession and control of FOB). Purchaser does  hereby discharge FOB from any and all liability directly or indirectly resulting  from the presence of the aforesaid chemicals or materials, including and not  limited to any and all liability directly or indirectly resulting from the failure of FOB to give more specific warning with respect to individual articles or  substances or from the inadequacy of any warning.  

10.Modifications: Purchaser acknowledges that these are the only Terms and  Conditions of sale and is intended by the parties as a complete and exclusive  statement of the terms of their agreement. This supersedes all prior  agreements, written or oral, and upon issuance of FOB’s invoice or  acknowledgment will become part of that invoice or acknowledgment. No  course of prior dealings between the parties, no usage of trade, nor any form  preferred by Purchaser containing different or conflicting terms, shall be part  of the parties’ agreement, nor shall they be relevant to determine the  meaning of any agreement with FOB even though the accepting or  acquiescing party has knowledge of the nature of the performance and  opportunity for objection. Whenever a term defined by the Uniform  Commercial Code (“Code”) is used herein, the definition contained in the  Code shall control. Any variation from the terms hereof contained in the  Purchaser’s acceptance is hereby rejected. The agreement of which these  terms are a part can be modified or rescinded only in writing signed by FOB.  

11.Quotations: All quotations are made for immediate acceptance and are  subject to withdrawal or change at anytime and without notice. Purchaser  requests that FOB continue to provide Purchaser with information on the  availability and cost of machinery FOB may offer for sale in the future, and  agrees to accept such information by telefacsimile, mail or such other means  as FOB may employ.  

12.Limitations of Remedies: No claim arising out of or relating to this  agreement shall be greater in amount than the purchase price of the  merchandise or equipment in respect of which such damages are claimed.  Failure to give notice of claim within thirty (30) days from the date of delivery  or the date fixed for delivery (in the event of non-delivery) shall constitute a  waiver by Purchaser of all claims in respect of such merchandise. The  remedy hereby provided shall be the exclusive and sole remedy of Purchaser  and any right to consequential and incidental damages is excluded.  

13.Waiver or Right to Jury Trial/Submission to Jurisdiction/Designation of Law  and Forum: In any action brought by Purchaser, any successor or assignee or  Purchaser arising out of or related to invoices, these Terms and Conditions,  or the performance or breach thereof, or the equipment or goods sold  hereunder, PURCHASER HEREBY WAIVES ITS RIGHT TO A TRIAL BEFORE A JURY. The parties agree that the law of the State of Michigan shall control in  construing and in any such dispute and that all such actions brought arising  out of or related to all invoices, the equipment or goods sold, or these Terms  and Conditions shall be brought in a court of competent jurisdiction located  in Oakland County, Michigan.  

14.Bankruptcy: In the event any one or more of the following shall occur, any  and all obligations of FOB hereunder, including without limitation, any  obligation to deliver merchandise or goods to Purchaser, shall terminate  immediately and without further action by FOB: Purchaser files a petition in  bankruptcy or is adjudicated a bankrupt, or a petition in bankruptcy if filed  against Purchaser; Purchaser becomes insolvent or makes an assignment for  the benefit of its creditors or makes an arrangement pursuant to any  bankruptcy law; or Purchaser discontinues its business or a receiver is  appointed for it or its business.  

15.Time for Bringing Action: Any action by Purchaser for breach of agreement of  which these Terms and Conditions are a part shall be commenced, and FOB  must be served, within one (1) year after the cause of actions has accrued.  

16.Assignment: Purchaser may not assign its rights or delegate its performance  in whole or in part under any invoice without the prior written consent of  FOB and any attempted assignment or delegation without such consent shall  be void.  

17.Severability: If any provision of the invoice or these Terms and Conditions is  determined illegal or unenforceable, it shall not affect the enforceability of  any other provision or paragraph of the invoice or these Terms and  Conditions.  

18.Fees and Costs: In the event any party institutes legal proceedings to enforce  its respective rights arising out of the invoice or these Terms and Conditions,  the prevailing party shall be entitled to the award of attorneys' fees and court  costs, plus cost of executing, enforcing and/or collecting any judgment at all  trial and appellate levels.  

FOB Terms & Conditions 4.14.2023