Terms & Conditions
Sales Terms & Conditions
Hamilton Engine agrees to sell the equipment described on the Quotation/Order form provided to the Purchaser on the following terms and conditions.
Purchase Price. Hamilton’s suppliers have reserved the right to increase prices without notice. In the event the suppliers increase the price for equipment ordered herein prior to delivery to Purchaser, the price to Purchaser shall be increased by the same percentage as he supplier’s price to Hamilton. Purchaser agrees to pay in addition to the sales price applicable to this order all excise, privilege, occupational, sales, use and other taxes applicable to the purchase, sale or use of the equipment. In the event such taxes are paid by Hamilton, Purchaser will reimburse Hamilton. In the event Purchaser fails to pay the purchase price as agreed, the delinquent amounts shall be subject to a finance charge of 1.5% per month.
Deposits. Purchaser agrees that if he fails to accept the goods when notified by Hamilton that they are ready for delivery, any deposit made on this order may be retained by Hamilton and applied to damages for Purchaser’s failure to fulfill this contract. The retention of such deposit shall not be Hamilton’s exclusive remedy.
Delay in Delivery. Hamilton shall not be liable for any delay in delivery, regardless of cause. However, if Hamilton fails to complete delivery within six (6) months after the date of this contract, Purchaser shall be entitled to return of his deposit upon written request. This contract shall terminate upon repayment of the deposit to Purchaser and Hamilton shall have no further liability to Purchaser.
Security Interest and Risk of Loss. Purchaser hereby grants Hamilton a security interest in the equipment to secure payment of the purchase price. Purchaser agrees to execute a financing statement or similar documents to perfect the security interest upon Hamilton’s request. Upon Purchaser’s failure to pay the purchase price as agreed, Hamilton may declare the entire unpaid balance immediately due and payable and exercise any of the remedies authorized by the Uniform Commercial Code of Oregon and may require Purchaser to assemble the collateral and make it available to Hamilton.
Limited Warranty - New Equipment. All new equipment is sold subject to the manufacturer’s warranty. Purchaser acknowledges receipt of applicable manufacturer’s warranties and agrees that his sole and exclusive remedy shall be against the manufacturer. HAMILTON ENGINE SALES OFFERS NO WARRANTIES, EXPRESS OR IMPLIED IN FACT OR BY LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTENDS BEYOND THE DESCRIPTION ON THE QUOTE/ORDER FORM. NO ORAL WARRANTIES OR GUARANTEES OF ANY KIND HAVE BEEN MADE TO PURCHASER BY HAMILTON ENGINE OR ANY OF ITS AGENTS. PURCHASER AGREES THAT HAMILTON ENGINE SHALL NOT HAVE ANY RESPONSIBILITY FOR LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR ANY OTHER DIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES.
Limited Warranty - Rebuilt Equipment. Equipment which is rebuilt by Hamilton is warranted against workmanship or material for 90 days. Hamilton agrees to repair or replace defective parts at no charge to Purchaser if Purchaser gives Hamilton written notice within 90 days after delivery. Warranty work shall be performed at Hamilton’s regular place of business during normal business hours. REPAIR OR REPLACEMENT SHALL BE PURCHASER’S EXCLUSIVE REMEDY. PURCHASER AGREES THAT ALL OTHER REMEDIES SHALL BE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INJURY TO PERSONS OR PROPERTY AND ANY OTHER CONSEQUENTIAL OR ECONOMIC LOSS. Hamilton shall have no liability if the defect is due to ordinary wear and tear, misuse or negligence of, if the equipment has not been maintained in accordance with applicable specifications.
Attorney’s Fees. If Hamilton retains an attorney to collect the purchase price, Hamilton shall be entitled to costs of collections, including reasonable attorney’s fees, whether or not a lawsuit is filed. If a lawsuit is filed, the prevailing party shall be entitled to reasonable attorney’s fees at trial or on appeal.
Purchaser acknowledges receipt of a copy of this document and agrees that this document is the only contract controlling this sale, and that it contains all agreements, express or implied, either verbal or in writing,
Purchasing Terms & Conditions
- Please read our complete order carefully and follow shipping instructions perfectly.
- Acknowledge receipt of our order advising earliest possible date of shipment.
- We reserve the right to cancel all or any part of this order if shipment is not made in accordance with our instructions. No charge will be allowed for shipping or crating unless otherwise specified by our acceptance of your advance quotation.
- Our purchase order number must appear on all invoices and packing lists.