Terms, Conditions & Limited Warranties of Sale

INTRODUCTION

These Terms, Conditions, and Limited Warranties of Sale (the “Terms”) govern all quotations and orders accepted by Choice Machinery Group (“Choice”) for the sale of products, equipment, and parts (“Products”). Acceptance of any order is limited to these Terms. Any differing buyer terms not expressly accepted in writing are rejected. Buyer’s payment, delivery acceptance, or product use constitutes full acceptance.

PRICES & PAYMENT TERMS

Quoted prices are valid 30 days unless otherwise noted. Payment must follow the payment schedule. Late balances accrue interest at 1.5% monthly or the maximum legal rate. Prices exclude taxes, freight, crating, insurance, or installation unless stated. Installation and training are included only if specified.

SPECIFICATIONS & PERFORMANCE

Choice may change product specifications without notice. Literature descriptions are not warranties. Performance and throughput depend on operator skill, material, and conditions and are not guaranteed.

SHIPPING & DELIVERY

Lead times begin after receipt of down payment. Buyer delays in approvals or payments extend delivery accordingly. Products ship Ex-Works, Holland, MI, USA, with risk transferring to Buyer at carrier pickup. Choice may prepay freight as accommodation without affecting risk of loss. Buyers may coordinate their own freight. Inspect all shipments when receiving freight and do not accept if damaged.

LIMITED WARRANTY COVERAGE

Choice warrants repair or replacement of defective components under normal use per these coverages:

NEW MACHINES (Domestic/Canada): One (1) year parts and labor, excluding travel, expenses, or expedited freight.
INTERNATIONAL: One (1) year parts only; excludes labor, travel, and freight.
REFURBISHED/USED: Warranty as stated in sales order.
CONSUMABLE/WEAR PARTS: Not covered except prorated repair/replacement for certain wear items within one (1) year.

Warranty begins at shipment date. Claims must be submitted in writing within coverage period.

WARRANTY CLAIMS & RETURNS

To file a claim, contact Choice Customer Service or your distributor. If required, a Return Materials Authorization (RMA) will be issued. Returned parts must include the RMA number, be shipped prepaid, and received within 30 days. Approved claims are credited or replaced. Warranty parts ship prepaid by Choice via ground; expedited shipments are at Buyer’s expense.

ORDER CHANGES, CANCELLATION & RETURNS

Special orders require prior written authorization to cancel. Canceled orders may incur restocking or processing fees. All returns require RMA approval, must be in new condition with original packaging, and are subject to a 20% restocking fee. Shipping costs are non-refundable.

LIMITATION OF LIABILITY

Choice’s total liability shall not exceed the price of the affected Product. Choice is not liable for lost profits, production downtime, material damage, or any indirect or consequential damages. Buyer assumes all responsibility for determining product suitability and use. Buyer’s exclusive remedy is repair, replacement, or refund per these Terms.

BUYER RESPONSIBILITIES & INDEMNIFICATION

Buyer agrees to operate Products safely, comply with OSHA/NEC/NFPA/ANSI/ASME standards, maintain guards and safety devices, and provide proper training. Buyer will defend and indemnify Choice against claims arising from misuse, modification, or breach of these covenants.

FORCE MAJEURE & GOVERNING LAW

Choice is not liable for delays caused by events beyond its control (e.g., acts of God, strikes, war, or material shortages). These Terms are governed by Michigan law. U.S. Buyers consent to jurisdiction in Ottawa County, Michigan. Non-U.S. Buyers agree to arbitration in Holland, Michigan under ICDR rules. English is the controlling language.

ENTIRE AGREEMENT

This document and the associated quotation constitute the full and exclusive agreement between Buyer and Choice, superseding prior discussions. Modifications must be in writing and signed by an authorized Choice representative.