Serba Graphics - Terms of Business

Additions / Changes effective April 1st, 2019

• All machinery listed by us is available until sold or held by deposit (subject to prior sale). All machinery and/or parts and components are sold with free and clear title. Ownership is transferred after full payment is received. All sales are ex-site (as-is/where-is) unless otherwise agreed in writing. i.e.: advertised loaded on truck, installed, stated on invoice, etc. Dismantling, loading, crating, rigging, broker fees, etc are usually not included in the quoted price but can be optionally supplied by us, in writing via a prior agreement in terms, at additional cost. Please study any advertised price to learn if the equipment price includes loading, etc. If in doubt call or email us. We may accept trade-in without major or hidden damage. All machinery purchased by us must be free of liens, seller having clear title and authority to sell the machinery. We offer and expect in return good business ethics and practices. Timely payments prior to dismantling/shipment are expected. Any refunds to the customer will be sent out within 2 business days. A signed and faxed non-circumvention agreement my be requested by Serba Graphics and Engineering prior to further disclosure on machinery we are selling on behalf of a third party.

• We do not provide leasing or financing services.

• Payment Terms: Deposit of 10 to 20% of the sales price, preferred by standard bank transfer within 5 business days of signed purchase contract/invoice. Asset deposit or payments may be forwarded to direct owner or an escrow account. The balance of the sales price to be paid prior to removal or shipment unless otherwise previously agreed upon, in writing. Letters of credit require our approval. Checks will await clearing of funds.

• The sales price of the machine is subject to sales tax payable under the applicable law when sold for use in certain end point locations.

• Shipment & Taxes: We often discuss shipping arrangements personally to assist in finding the best means to ship economically and efficiently and insure all involved are on the same page.

• All shipments are made with insurance. All riggers, shippers, cranes, etc must be well insured, able to cover all possible costs in damage, loss or injury due to the moving of the purchased machinery and components.

• Any taxes and/or customs charges are due and payable by purchaser. Serba Graphics and Engineering may on buyers behalf deal directly with freight brokers/forwarders to assist the shipment. All import/export costs are the responsibility of the buyer.

• All prices contained in the attached quotation are exclusive of any Federal, State, or Local sales, use, property or excise taxes. If Seller is required by law or regulation to pay any tax on account of this transaction, Buyer shall reimburse Seller for such taxes on demand.

• All shipping dates are approximate and are subject to unavoidable delays caused by strikes, accidents, acts of God, or other causes beyond our control including but not limited to acts and regulations by the Federal government.

• Governing Law: This contract shall be governed by choice of law and jurisdiction. In the event of any litigation arising out of this transaction, jurisdiction and venue shall be had in Rockland County, New York.

• Buyer shall pay for all collection costs which are incurred by Seller in connection defaulted payments on purchases, including reasonable attorneys fees.

• On all used equipment sales, no guarantees or warranties of any kind, express or implied, is given or implied unless otherwise stated in the invoice or written sales agreement. The prospective buyer is encouraged to inspect prior to picking up the equipment.

• Equipment manufactured by Serba Graphics is warranted for 2 years after paid invoice as per our warranty agreement.

• Buyer is responsible for bringing equipment to OSHAs requirements for its region and to ensure safety systems are installed. The buyer will be responsible for the cost of taking electrical and pipe work, compressed air requirements to the site of the machine or machines.

• Buyer agrees to indemnify and hold harmless, Serba Graphics of and from any and all claims or liabilities from accidents involving these machines caused by failure of the buyer, his employees, or agents to install proper safety guards or to follow instructions, warnings or recommendations available from the original manufacturer or laws applicable to such equipment including the Occupational and Safety and Health Act of 1970, and as amended or failure to determine its fitness or viability for any and all use of the equipment. The buyer and all production personnel are aware of safety risks with machinery and will not hold seller liable for any injuries stemming from use of the sold machinery.

• Buyer hereby acknowledges that this contract expressly limits Buyers remedies in the event of a defect in this equipment such that Serba Graphics shall have no liability for any consequential damages (including, without limitation, any personal injury or any damage to other equipment) which may relate to such defect over and above the purchase price of the equipment being purchased by the Buyer hereunder.

• Buyer expressly agrees to this document by purchasing any equipment or services from Serba Graphics. If any part of this seller/buyer agreement is found to be non-binding, then all other declarations and components remain in full force and endure.

• Important changes regarding billing. If you are purchasing any equipment thru our firm as a brokered sale, you will recieve 2 invoices. Any commission and / or deposit to be paid to us will be via 2 separate invoices. Larger deposits will be paid to an escrow bank account. This change improves transparency and accounting requirements for the buyer and seller, offers the buyer and seller a secure sale plus offers quicker refund payment if required. Machinery owned by Serba Graphics will continued to be billed by only 1 invoice and the funds will go to our main bank account unless otherwise agreed.

• All website design, text, graphics, logos, and the selection and arrangement is copyright holders (Serba Graphics) intellectual property. Any other use or copying of information and photos from this web site is prohibited - including reproduction, modification, distribution, republication, transmission, re-transmission, modification, or public showing - without the prior written permission of Serba Graphics is prohibited. Any disclosure, copying, distribution of the contents of this website and/or accompanying photos and information is strictly prohibited.

• Please note we do not buy or sell coldset or heatset newspaper web presses. However in addition to offset printing equipment, we DO buy and sell Flexo CI and Stack press and roll to roll film laminators, mostly with a minimum web width of 32 inches /120 cm.

Serba Graphics USA sells Offset, Flexo Printing and Packaging Equipment such as Heidelberg, Komori, Akiyama, Polar, MBO, Muller Martini, Bobst, Uteco, W and H, Offset, Flexo, Flexible Packaging, Slitters.

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