Terms and Conditions

  1. This Sales and Security Agreement (hereinafter referred to as the “Agreement” or “Security Agreement”), including the terms and conditions that follow, supersedes any prior understanding or written or oral agreement between the parties, and constitutes the entire agreement between the parties and any understanding or representation not contained herein is hereby expressly waived. It is expressly understood that no representative of the Seller has the power to modify the provisions hereof in any respect, that Seller shall not be bound by, or liable to, Purchaser for any representation, promise or endorsement made by any agent or person in Seller’s employment not set forth in this Agreement, and no modification or amendment of this instrument shall be binding on the Seller unless set forth in writing and signed by an authorized officer of the Seller.
  2. If the Purchaser claims sales or use tax exemption on all or part of the machinery and equipment, the Purchaser must provide Seller with a tax exemption certificate acceptable to Seller and applicable in the state of Texas.
  3. This Agreement is subject to any increase in price that Seller may receive from the manufacturer and Purchaser agrees to pay any such increased price. Any changes in material or design can be made in the products sold by Seller and Seller is under no obligation to make such changes on products previously sold and delivered.
  4. To secure the payment of the purchase price of the equipment described herein, the payment of interest on said amount as hereinafter set forth and the payment of reasonable attorney’s fees and other legal expenses incurred by Seller as hereinafter set forth, Purchaser hereby grants to Seller a security interest in all goods and any and all equipment, parts, accessories, attachments, additions and other goods, and all replacements thereof, now or hereinafter installed in, affixed to or used in connection with said goods, and if Purchaser sells or otherwise disposes of the goods in violation of the terms of this Agreement, Seller shall have a security interest in the proceeds of such sale or disposition until all payments due from Purchaser to Seller are made in full (the “Collateral”). In the event the Purchaser fails to pay when due any indebtedness secured by this Security Agreement, Purchaser shall be deemed in default under this Sales and Security Agreement, and Seller shall have all the rights and remedies granted under State of Texas law, including, but not limited to, the rights and remedies under the Uniform Commercial Code, and the right to repossess the Collateral. In addition, Seller may require Purchaser to assemble the Collateral and make it available to Seller at any place designated by Seller that is reasonably convenient to both parties. The respective names and addresses of Purchaser and Seller are set forth herein. Purchaser and Seller agree that this Sales and Security Agreement, or a copy thereof, may be used as a Financing Statement, and Purchaser hereby appoints Seller as Purchaser’s Attorney-in-Fact for the limited purpose of filing a Financing Statement on the Collateral.
  5. In addition to the rights and remedies set forth above, if the Purchaser is in default under any of the terms or provisions of this Agreement, Seller, at its option, may retain all payments made by the Purchaser here under as and for Liquidated Damages incurred by Seller. The parties expressly agree that said Liquidated Damages are not a penalty and are reasonable under the circumstances. Purchaser agrees that if this Agreement is canceled by Purchaser, or if Purchaser is unable to fulfill the total covenants and obligations as provided for and contained in this Agreement, any money paid herewith as a deposit shall become the absolute property of Seller as partial compensation of Purchaser’s failure to perform its agreement. However, Seller shall also be entitled to immediately proceed under any applicable laws of the State of Texas to be compensated for the damages resulting from Purchaser’s breach. If Seller or its assigns retakes possession of the Collateral, Seller shall keep all payments made by Purchaser, and all rights of Purchaser shall then be extinguished, and Seller may forthwith sell the Collateral at public or private sale. Any action required to be taken for Purchaser’s failure to perform the terms or conditions of this Agreement shall result in Purchaser’s being responsible for the payment of reasonable attorney’s fees for any attorney engaged by Seller to protect its interests, all costs incurred, and interest on the unpaid balance at the maximum rate allowed by law from the date of Purchaser’s breach hereof payable on demand, whether the parties litigate or not, including any appellate or bankruptcy proceeding.
  6. Purchaser agrees that until the purchase price is paid in full or in the event that this Agreement is financed through the use of an installment sales contract or equipment lease, Purchaser will keep the equipment fully insured, including, but not limited to casualty, fire, theft, vandalism and malicious mischief insurance, for the benefit of Seller and Purchaser as their respective interest may appear and Purchaser shall furnish the Seller with a policy or certificate thereof prior to the date the equipment is delivered. Purchaser agrees the amount of all insurance carried in the collateral shall be an amount not less than that which shall provide for Seller to receive full compensation for the unpaid portion of the price due to Seller in case full or partial loss occur to Seller’s goods. If Purchaser fails to do so, Seller may obtain such insurance at Purchaser’s expense and Purchaser agrees to pay Seller the cost thereof.
  7. Seller shall not be liable for any damages caused by delay in delivery, including, but not limited to delay in delivery beyond its control, such as Acts of God, acts of the Purchaser, manufacturing delays, fire, strikes, floods, storms, delay in transportation or any other delay. In the event of delay, the date of delivery shall be extended for a period of time equal to the time lost by reason of the delay.
  8. All goods are sold F.O.B. the Seller’s warehouse in Texas or manufacturer’s warehouse. Purchaser shall pay all freight, cartage and handling charges from the factory or warehouse where the machinery and equipment have been manufactured. The risk of loss or damage from time of shipment of the machinery and equipment shall be borne by the Purchaser when the goods are tendered to the carrier. The same shall hold forth whether Seller delivers the goods to a common carrier, an independent contractor or transport service whether provided by Seller or Purchaser. All equipment is covered by freight insurance with a $500 deductible. In the event of freight damages incurred, it is the Purchaser’s responsibility to contact the carrier and file a claim.
  9. Unless set forth in this Agreement as mutually agreed upon, all delivery of goods shall be curbside delivery at the point or place designated herein. Seller shall have no responsibility whatsoever to un-crate or set up any goods unless specified by mutual agreement in writing. Purchaser shall have the sole responsibility for all installation of the goods and any permits required and for providing the connection of the goods delivered to any plumbing, electric, gas, vent or other utility connections-unless installation services are to be provided by DryCleanEquipment.com. Purchaser shall be responsible for providing adequate egress and ingress for delivery of equipment.
  10. Purchaser understands there are ****NO CASH REFUNDS! ****ONLY IN HOUSE CREDIT REFUNDS ARE PROVIDED**** with this agreement. A 30% restocking fee applies to all equipment that is returned to inventory, no exceptions.
  11. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns, where permitted by this Agreement. Purchaser expressly agrees that this Agreement is binding upon it and is not subject to cancellation. Purchaser agrees that in the event of cancellation of this Agreement by mutual consent or by notice of right of cancellation embodied in this Agreement, then, and in that event, Purchaser will pay to the Seller any restocking charges, out of pocket costs, and the reasonable value of work done by Seller. This provision shall not give the Purchaser the right of cancellation of this Agreement.
  12. The right, title and interest of Seller, in this Agreement and to the machinery and equipment referred to herein may be assigned without notice and the assignee shall acquire all of the rights and remedies of Seller, but shall not be deemed to have assumed any of its obligations. The Purchaser will not assert against the assignee of Seller, any defenses, counterclaims or setoffs available against the Seller.
  13. If any provision is modified by statute or declared invalid, the remaining provisions shall nevertheless continue in full force and effect. The Purchaser and Seller agree that this Agreement shall be construed and governed by the laws of the State of Texas and that venue for any dispute or litigation arising out of this Agreement shall be held in the State of Texas. The Parties agree that any signatures or initials communicated electronically or by facsimile machine and any facsimile or photocopy or electronic copy of this Agreement including counterparts shall be Valid and Binding.
  14. Pre-Owned equipment is sold AS IS. Pictures and Videos Will Be Offered to Show The Item in Working Condition. Recondition machinery is covered by a 90 day parts warranty. Warranties are only valid if a customer’s account is paid in full. Any outstanding balance due to the refusal or inability to pay for any installation work performed by DryCleanEquipment.com VOIDS all warranties. Any repairs/replacements made to any installation after expiration of the warranty will be made at Customer’s expense. Any repairs made to any piece of equipment by any party other than DryCleanEquipment.com voids any and ALL warranties offered by DryCleanEquipment.com. This Warranty does not apply to defects resulting from the Buyer’s improper installation, maintenance, or use. Any modification of equipment not authorized by DryCleanEquipment.com in writing—or any misuse or operation outside of the manufacturer’s intended conditions of use for the product—shall terminate the Warranty. If the equipment requires installation, the Warranty is not applicable unless an DryCleanEquipment.com service technician or currently-certified service technician installs the equipment. Repairs by non-DryCleanEquipment.com technicians—or by technicians not currently certified and authorized by DryCleanEquipment.com—will void all or part of this Warranty should DryCleanEquipment.com subsequently identify damage caused by improper repair procedures and/or by non-DryCleanEquipment.com-certified parts. The Customer must provide a clean, moisture-free air supply for all pneumatically operated equipment. Failure to do so may result in the premature failure of pneumatic equipment or components, including air seals, cylinders and valves. Any component failure determined by DryCleanEquipment.com to be caused by Customer’s failure to provide a moisture free air supply will not be covered by this Warranty.
  15. Any description of the goods is for the sole purpose of identifying them and shall not be deemed to create an express warranty that the goods shall conform to any such description; any sample or model is for illustrative purpose only and shall not be deemed to create an express warranty that the goods shall conform to the sample model; and no affirmation or promise, or description, or sample or model shall be deemed part of the basis of the bargain.
  16. If Purchaser is trading in equipment as part of this sale, Purchaser warrants and represents that Purchaser has good title, free and clear of all liens and encumbrances and further Purchaser agrees to indemnify, defend, and hold harmless Seller from all costs or claims whatsoever arising out of the trade-in equipment.
  17. PARTS WARRANTY:
    • All Recondition equipment includes a 90-day parts exchange warranty unless otherwise noted here within.
    • Defective part will need to be sent back to us immediately Before we send the replacement part back to you.
    • New, Used or Reconditioned parts are sole discretion of DryCleanEquipment.com upon inspection and testing of customers’ defective parts.
    • This warranty is limited to the repair or replacement of mechanical parts that prove to be defective during the warranty period.
    • This warranty does not apply to covers, pads, hoses otherwise known as supply items, an or parts damaged during shipping.
    • Claims for damages while in shipping must be handled through the freight carrier for which the item was transported. All freight is covered under shipping insurance with a $500 deductible.
    • This warranty does not remove the responsibility of the customer requirements to perform daily, weekly and monthly maintenance procedures as outlined in the Manufacturer’s Operations Manual or by recommendation of Its DryCleanEquipment.com.
    • No labor warranty is provided for Pre Owned or Used equipment.
  18. A 50% Non Refundable Deposit is required to begin equipment orders. The remaining balance must be paid via agreed upon payment installments and is to be paid in full before the equipment is to be picked up by the customer or released for shipping. Under no circumstances will equipment be released with an outstanding balance due unless arrangements have been made and approved by DryCleanEquipment.com. Equipment is to be paid in full upon delivery to customers location before installation services are rendered.
  19. PAYMENT TERMS:
    • Due to Theft from Scams and Charge-backs, all Credit/Debit Cards, Money Grams, Money Orders, PayPal and Western Union payments are No Longer Accepted as of January 2012.
    • Wire Transfers and Bank Verified Domestic Cashier Checks are the Preferred Payment Methods accepted for Equipment Orders..
    • International Checks of any kind are Not Accepted. No Exceptions.
    • A Returned Check Fee of $35 Will Be Applied for any NSF.
    • Equipment Orders Will Be Processed only after Check or WIRE Clears the Bank. No Exceptions.