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Terms of Sale

General

American Packaging Capital, Inc. is an equipment lender specializing in the Packaging and Processing industries. Due to the nature of our business, we have equipment coming off lease or via legal proceedings. All equipment for sale by American Packaging Capital, Inc. is sold AS-IS, WHERE IS, WITH ALL FAULTS, with no guarantees, and ALL SALES ARE FINAL. American Packaging Capital, Inc. makes no warranty, express or implied, as to the nature, quality, value, condition, or suitability for any purpose of any asset.

Availability of Equipment

It is possible that equipment has become unavailable since its posting on our website. Therefore, American Packaging Capital, Inc. cannot guarantee the availability of any listing.

Accuracy of Listings

Equipment descriptions and representations as to condition have not been verified by and are not guaranteed by American Packaging Capital, Inc., nor does American Packaging Capital, Inc. make any representations regarding the suitability of any equipment. Photographs are provided solely for the buyers' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer assumes sole responsibility for verifying the accuracy of the equipment description through due diligence and its right to inspect the equipment prior to purchase. Buyer acknowledges that it has been given the opportunity to inspect all assets prior to purchase and waives any and all claims against American Packaging Capital, Inc. relating to asset photographs or descriptions. Property is sold "AS IS" "WHERE IS", "WITH ALL FAULTS", regardless of whether Buyer chooses to perform such due diligence or inspection prior to purchase, and all sales are final.

Buyer's Right to Inspect

Equipment sold by American Packaging Capital, Inc. is SUBJECT TO BUYER'S INSPECTION prior to shipment. The buyer will be given a reasonable amount of time to make the inspection. If a buyer agrees to have equipment shipped to him without prior inspection, it will be deemed that he has waived his right to inspect. EQUIPMENT PURCHASED CANNOT BE RETURNED.

Purchase

In order to secure the purchase of equipment, the successful bidder must submit a Purchase Order to American Packaging Capital, Inc. within 24 hours of notification of American Packaging Capital, Inc.'s acceptance of the bid. Payment in full must be received within five (5) business days of receipt of invoice from American Packaging Capital, Inc. In the event that American Packaging Capital, Inc. does not receive either the Purchase Order or payment within the specified time, buyer may forfeit their right to purchase the equipment.

Payment

Payment in full must be received within five (5) business days of receipt of invoice from American Packaging Capital, Inc. In the event that American Packaging Capital, Inc. does not receive payment within the specified time, buyer may forfeit their right to purchase the equipment. No equipment will be shipped until payment has been received in full. ALL PAYMENTS SHALL BE MADE TO AMERICAN PACKAGING CAPITAL, INC. Acceptable methods of payment for sales within the United States are: wire transfer or certified/cashiers check. Regular company business checks will be subject to an automatic 5 business day hold, without exception. For sales outside the United States, only wire transfers will be accepted. Buyer is responsible for paying sales tax directly to the state of California.

Loading and Shipping

All sales are EXW location. The BUYER IS NORMALLY RESPONSIBLE FOR LOADING THE MERCHANDISE ON THE TRUCK, unless other terms are noted in the equipment description on the invoice. American Packaging Capital, Inc., bears no responsibility for shipping. The buyer is entirely responsible for arranging and paying for shipping, as well as for any storage fees incurred should the equipment not be picked up by Buyer by the date specified on the written authorization of release issued by American Packaging Capital, Inc. If crating is necessary, the buyer is normally responsible for arranging and paying for this. In the event that the shipping company invoices, and otherwise seeks payment of shipping charges from American Packaging Capital, Inc., buyer shall indemnify and hold American Packaging Capital, Inc., harmless from any and all such shipping charges. This indemnification shall include all attorney's fees, court costs, expenses, losses, and other monies paid as a result of the defense against such shipping charges or any efforts and costs incurred in enforcing the terms of this indemnification agreement.

Liability

American Packaging Capital, Inc. assumes no liability for any damages caused to buyers due to failure to complete a transaction or with respect to the equipment sold or for any loss or damage to any equipment during shipment. The buyer agrees not to refuse equipment due to damage during shipping. Shipping damage is strictly an issue between the buyer and his shipping company. American Packaging Capital, Inc. also assumes no responsibility towards and will be held harmless for any incorrect information on any shipping document.

Buyer agrees to defend, indemnify and hold harmless American Packaging Capital, Inc. from and against all suits, claims, costs and expenses for personal injury, death or property damage arising from the ownership or use of any equipment purchased from American Packaging Capital, Inc.

Any agreement concerning the sale of any equipment by American Packaging Capital, Inc. shall be defined by a written invoice which shall represent the entire agreement between the parties. Any oral representations or modifications to the invoice shall be of no force or effect.

All sales shall be deemed to have been entered in the State of California, and any questions concerning their validity, interpretation, or performance of terms or provisions or of any rights or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws of the State of California.

If any action at law or in equity, including an action for declaratory judgment, is brought to enforce or interpret the provisions of any sale, American Packaging Capital, Inc., shall be entitled to recover its reasonable attorney's fees from the other party, which fees may be set by the court in the trial or appeal of such action or may be enforced in a separate action brought for that purpose, and which said fees will be in addition to any other relief which may be awarded.

If you have any questions or comments regarding our Terms of Sale, please contact us at the address listed below. Please provide a concise communication with complete information, including your contact information.

American Packaging Capital, Inc.
Attn: Equipment Disposition Department
1491 San Carlos Avenue
Concord, CA 94518


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