Ellens Equipment Terms and Conditions

Purchase Terms of Equipment:

Purchase Agreement

• All Equipment sold by the Dealer will be described in the Purchase Agreement. The Dealer makes no warranty regarding the Equipment's suitability for a particular purpose other than those warranties specifically agreed upon and set forth in the Purchase Agreement.

Prices

• Prices are subject to change without notice. The final price will be confirmed in the Purchase Agreement.

Trade-Ins

• For any equipment being traded to the Dealer, the Customer certifies they are the true and lawful owner of the equipment and that no other entity or person has a legal right of ownership to said equipment.

Inspection

• The Customer warrants the Customer has inspected the equipment or has waived the opportunity to inspect the equipment and accepts the Equipment AS IS.

Payment Terms

• If payment for the Equipment has not been received within 30 days of the notice of scheduled delivery to the customer interest will accrue at a rate of 1.5% compounded monthly.

Cancelled Orders

• In the event Customer cancels an order Dealer will retain 5% of the purchase value as restocking fee.

Pick-up

• Upon receipt of full payment of Equipment, Customer has 15 days from the date of payment to remove the equipment from the Dealer premises. Any equipment not removed from Dealer premises within 15 days from the date of payment will incur a storage fee of $40 per day to be paid by the Customer at, or before, the time of pick-up.

Liens

• All trade-in equipment must be free and clear of all liens. Customer is solely responsible for providing lien releases for all Equipment. In the event Dealer takes possession of Equipment and determines there is an existing lien Customer will be charged $100/hour for the Dealer to assist in having all liens released. It is fraudulent misrepresentation to assert equipment is free and clear of liens if liens exist, civil and criminal penalties may apply.

UTV’s

• All trade-in UTV’s are required to have a state-issued title, in the name of the Customer, with an appropriate signature by the Customer for transfer to the Dealer.

Equipment Options

• Customer is solely responsible for review of a purchase agreement and/or the Equipment to assess the options provided at the time of purchase. If the customer desires additional options offered by Manufacturer and/or Dealer such intention must be communicated at the time of negotiation with Dealer. Once the Equipment has been ordered no changes will be allowed.

Return of Equipment

• Dealer has a no-return policy on Equipment, this does not included Parts Purchases, please see Parts section of this agreement for further details.

Parts and Service Terms:

No Delivery Guarantee

• Dealer does not guarantee any date for completion of any Equipment being serviced.

Interest for Non-Payment

• Parts and/or services not paid for within 30 days of the date of notice that the service repairs are completed will be charged 1.5% interest compounded monthly of the outstanding balance.

Storage Fee

• Equipment repaired must be picked up within 15 days of the date of notice that service is complete, failure of Customer to remove Equipment from Dealer’s property within 15 days will result in a daily storage fee of $40 per day.

Abandonment of Equipment

• Equipment that remains in the possession of Dealer for more than 90 days will be considered abandoned property. The customer grants Dealer the complete right title and interest in the Equipment granting Dealer full authority to dispose of the Equipment. Equipment will be disposed of by Dealer at dealer’s sole discretion. Customer hereby waives all rights to any proceeds from the disposal of said Equipment. In the event the equipment does not bring enough value to cover the cost of repairs Customer will continue to owe the Dealer the remaining balance of the repair costs.

Winterization

• Dealer has no obligation to winterize any equipment in Dealer’s possession for repair unless Customer has requested the winterization service. Customer is solely responsible for any and all damage resulting from failure of the equipment to be winterized.

Cancellation of Order

• Cancellation of any part order will result in a restocking fee of 25%.

Commencement of Work

• Service work will not commence until customer has approved the estimated cost to repair. The estimate is not a guaranteed repair cost. The Customer agrees to pay all fees associated with all service repairs.

Repair of Safety Items

• In the course of servicing Customer equipment, if Dealer determines a safety device has been deactivated, bypassed, or inoperable Dealer will repair safety defect at Customer’s expense. Customer agrees to pay all service fees related to Safety repairs.

Returns

• Returns are only accepted within 30 days of the date of purchase. There will be a restocking fee of 25% on all returned parts. Returns will not be accepted on any opened or installed electrical parts.

Abandoned Property

• Customer acknowledges that any property left the Dealer’s premises 6 months after work is completed will be deemed abandoned. If Customer does not intend to abandon property, Customer is solely responsible to remove the property and pay all outstanding balances within 6 months after completion of work.

  ELLENS EQUIPMENT MAY SELL OR OTHERWISE DISPOSE OF ABANDONED PROPERTY IN ANY MANNER IT DEEMS APPROPRIATE TO RECOVER UNPAID BALANCES AND ACCUMULATED COSTS.

Limit of Duty

• Dealer has no duty to communicate to Customer any issues observed through the acquisition of Customer machine health and agronomic data.

General:

Emissions Systems

• Modifying and/or removing emissions control systems may void the Equipment warranty and is illegal in the United States. All emissions settings and equipment must remain at manufacturer’s settings. If equipment is presented as a trade-in or for service and Dealer determines the emissions control systems have been modified customer grants Dealer full authority to return the equipment to the manufacturer settings at Customer’s sole expense.

Sprayers

• All sprayers for trade or service must be free and clear of all chemicals. If the Equipment is not free and clear of all chemicals, the Customer will be responsible for the disposal fee for the chemical and a cleaning fee to be billed at Dealer’s service rate at the time of service.

Payment Terms

• Full payment is due at the time of sale unless otherwise agreed in writing.

Manufacturer’s Warranty

• Equipment may be covered by a manufacturer’s warranty. Details are provided in the product documentation.

Limitation of Liability

• DEALER HAS NOT MADE, AND DOES NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE. DEALER SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUES, AND LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATED TO ANY SALE OF GOODS OR SERVICES HOWEVER, CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, (INCLUDING WITHOUT LIMITATION, STRICT LIABILITY AND NEGLIGENCE). Any and all claims arising out of or related to the sale or services provided by the Dealer to the Customer regardless of whether the claim is based on contract, tort, including without limitation, strict liability, and negligence, warranty or any other legal or equitable principles shall be limited to strict money damages and shall not exceed in the aggregate, fees paid by Customer to Dealer for the transaction creating the basis of the claim. All notices must be in writing and will be deemed given 5 days after mailing to the intended recipient at 5297 W. Stoney Corners Road, McBain, MI 49657. These Terms and Conditions supersedes and replaces all prior understandings and communications (oral or written) concerning the subject matter thereof.
• Liability Cap. UNLESS OTHERWISE REQUIRED BY LAW, DEALER’S AGGREGATE LIABILITY ARISING OUT OF THE SERVICES WILL NOT EXCEED THE LESSER OF (i) THE AMOUNT CUSTOMER ACTUALLY PAID FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (ii) $100,000.

Indemnification

• CUSTOMER WILL INDEMNIFY, DEFEND (INCLUDING THE PAYMENT OF ALL REASONABLE ATTORNEYS’ FEES, COURT COSTS, EXPERT WITNESS FEES AND ALL OTHER LITIGATION FEES REGARDLESS OF TYPE) AND HOLD HARMLESS (COLLECTIVELY, “INDEMNIFY”) THE DEALER COMPANIES AND THEIR OTHER CONTRACTORS AND SUBCONTRACTORS OF ANY TIER AND INVITEES FOR EACH OF THE FOREGOING, AND THE RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES OF SAME, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS AND REPRESENTATIVES, AND THE INSURERS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “DEALER INDEMNITEES”) FROM ANY AND ALL CLAIMS, LOSSES AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, LOSSES AND DAMAGES FOR ILLNESS, OCCUPATIONAL DISEASE, INJURY, DEATH AND PROPERTY DAMAGE, OTHER LOSSES OR DAMAGES OR EXPENSES (“COVERED LOSSES”), ARISING OUT OF OR RELATING IN ANY WAY TO: (1) THE BREACH OF ANY DUTY THAT DEALER HAS AGREED TO PERFORM; OR (2) ANY COVERED LOSSES THAT ARE INCURRED BY CUSTOMER, EVEN IF SUCH COVERED LOSSES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR FAULT OF THE DEALER INDEMNITEES.

Governing Law

• Customer and the Dealer agree that this Agreement shall be governed, construed, enforced, litigated, interpreted and the relations between the parties determined in accordance with the laws of Michigan. Any controversy, claim, dispute or litigation related to any transaction between the Dealer and the Customer shall be resolved in the Missaukee County Circuit Court. Customer waives any right to a trial by jury.

Modifications

• The Dealer reserves the right to modify these Terms and Conditions at any time. Changes will be effective upon posting on the Dealer’s website or notifying the Customer.

Definitions

• Customer refers to any individual or entity of any kind doing business of any kind with Dealer.
• Dealer refers to Ellens Equipment, Inc.
• Equipment refers to any items sold by Ellens Equipment, Inc.
• Manufacturer refers to the company manufacturing the Equipment purchased by the Customer.

Acceptance of Terms

• By purchasing Equipment or services from the Dealer, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions.