Terms & Conditions
1. All orders are subject to these terms and conditions. All orders are subject to acceptance by Lykon Machinery LLC (“Lykon Machinery”) at its office at 4921 Lower Mountain Rd, New Hope, PA 18938, and its warehouse at 401 South Miller Ave, Marion, IN 46953.
2. For the purpose of these Terms & Conditions, all types of machinery, equipment and anything sold on LykonMachinery.com website and through Lykon Machinery LLC shall be considered as “equipment”.
3.All applicable federal, state or local sales, use or excise taxes shall be paid by the buyer and shall be in addition to the prices quoted, unless otherwise stated. Applicable tax exemption certificates must accompany any order to which the same applies. If Lykon Machinery is charged with or is responsible for the collection or payment of any taxes, the amount of the taxes shall be added to the sales price of the equipment and shall be paid by the buyer.
4. Any weights, measurements and powers given are estimates, and any minor deviations shall not invalidate the purchase order or these terms and conditions.
5. Any proposed shipment date is an estimate. Lykon Machinery does not assume any liability whatsoever for loss of use or for any direct, indirect, special, incidental or consequential damages resulting from delay of equipment delivery. Rigging and shipping are the buyer’s sole responsibility.
6. It is the responsibility of the buyer to comply with any and all local codes, electrical and otherwise, which might pertain to the equipment covered by the purchase order and these terms and conditions.
7. ALL EQUIPMENT IS SOLD STRICTLY ON AN “AS IS” “WHEREAS” BASIS, WHICH MEANS THAT THERE IS NO WARRANTY WHATSOEVER ON THE EQUIPMENT, EITHER EXPRESS, IMPLIED, WRITTEN, OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. IF FOR ANY REASON, LYKON MACHINERY IS DEEMED TO HAVE MADE ANY WARRANTIES BY A COURT OF COMPETENT JURISDICTION: (A) ANY SUCH WARRANTIES SHALL EXTEND ONLY TO THE BUYER AND NOT TO ANY SUBSEQUENT PURCHASER OR TRANSFEREE OF THE EQUIPMENT; (B) LYKON MACHINERY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE INSTALLATION OR USE OF THE EQUIPMENT, OR FROM ANY BREACH OF WARRANTY, RATHER THE BUYER AGREES THAT THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY CONCERNING THE EQUIPMENT SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR, AT LYKON MACHINERY’S SOLE OPTION, REFUND OF THE PURCHASE PRICE; AND (C) ANY SUCH WARRANTY SHALL IMMEDIATELY TERMINATE IF THE EQUIPMENT OR ANY PART THEREOF SHALL BE SUBJECTED TO ACCIDENT, ALTERATION, ABUSE, OR MISUSE WHICH SHALL DIRECTLY OR INDIRECTLY CAUSE SUCH DEFECT.
9. BUYER HEREBY WAIVES THE BENEFIT OF ANY RULE THAT A DISCLAIMER OR WARRANTY SHALL BE CONSTRUED AGAINST THE SELLER AND AGREES THAT THE FOREGOING DISCLAIMER IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED LIBERALLY IN FAVOR OF LYKON MACHINERY.
10. NO REPRESENTATIVE OF LYKON MACHINERY MAY ALTER OR AMEND THE PROVISIONS OF THIS PARAGRAPH OR THESE TERMS AND CONDITIONS.
1 1. It is understood that Lykon Machinery is an independent sales agent and not the manufacturer of any of the equipment it sells.
12. Any clauses or provisions in the buyer’s purchase order which are contrary to or inconsistent with these terms and conditions shall be null and void.
13. Lykon Machinery does not warrant that the used equipment complies with O.S.H.A standards. Compliance with O.S.H.A standards is the sole responsibility of the buyer.
14. Quotations and acceptances are subject to prior sale and to change without notice. Specifications, serial number, and prices are believed to be correct, but should only be used as a guide. Quotations are usually prepared from seller’s specifications, which are subject to change. If any of these details are important to you, please verify correctness in advance.
15. The equipment is used for United States destinations only and diversion contrary to United States law is prohibited.
16. LYKON MACHINERY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR EXPENSES ARISING DIRECTLY OR INDIRECTLY FROM THE INSTALLATION OR USE OF THE EQUIPMENT.
17. The purchase order and these terms and conditions are not assignable and the obligations and duties hereunder are not delegable by the buyer without the signed written consent of Lykon Machinery. Any assignment or delegation without such consent shall be void and of no force and effect.
18. In the event of any dispute arising out of or relating to the purchase order, these terms and conditions, or the relationship between the parties hereto, whether suit is brought or not, the prevailing party shall recover its attorney’s fees and costs incurred on all trial and appellate levels and in any bankruptcy or post-judgment proceedings.
19. Buyer agrees to indemnify and hold Lykon Machinery harmless against any and all losses, liabilities, claims, demands, causes of action and expenses, including attorney’s fees and costs, incurred as a result of any and all damages or injuries to persons or property arising directly or indirectly from the sale, use or repair of the equipment.
20. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the equipment, including statements made in, or conduct implied from, past dealings, which are not fully expressed herein. No statement, recommendation or assistance made or offered Lykon Machinery through its representatives in connection with suitability, capacity, performance or compliance with the buyer’s specifications regarding the equipment shall be or constitute a waiver by Lykon Machinery of any of the provisions hereof. Any action for breach of contract must be commenced within one and a half years from the date when tender of delivery of the equipment was made.
21. Buyer and Lykon Machinery hereby waive a trial by jury of all issues arising in any action or proceeding relating to the purchase order or these terms and conditions.
22. The parties agree that Bucks County, Pennsylvania shall be the sole, exclusive and proper venue for any litigation arising out of or relating to the purchase order or these terms and conditions. Each party hereto hereby agrees to be subject to, and hereby consents to, the personal jurisdiction of the courts located in Bucks County, Pennsylvania. The purchase order, these terms and conditions, and the rights and obligations of the parties shall be construed, governed, interpreted and enforced in accordance with the laws of Pennsylvania.
23. In the event any portion of these terms and conditions shall be construed as invalid or illegal, such invalid or illegal portions shall be divisible and severed and the remainder of shall be in full force and effect.
24. These terms and conditions shall be construed as if the parties jointly participated in the drafting and preparation thereof.
25. The entire contract between the parties is embodied in this writing. This writing constitutes the final expression of the parties’ agreement and it is a complete and exclusive statement of the terms of that agreement. No statement subsequent to the acceptance of the order, purporting to modify these terms and conditions, shall be binding unless consented to in writing by a duly authorized officer of Lykon Machinery in a document making specific reference to these terms and conditions. Lykon Machinery’s salesmen, representatives or distributors may have made oral statements about the equipment. Such statements do not constitute warranties, shall not be relied upon by the buyer, and are not part of the agreement between the parties.
