Terms and Conditions
EXTERNAL SITES
mcgarrellpe.com may contain links to other websites ("External Sites"). Mcgarrell Plant and Equipment does not endorse and is not responsible for validity of any content, advertising, service, product or information from said linking websites. Mcgarrell Plant and Equipment is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the External Site.
PARTICIPANTS REQUIREMENTS
Capacity to Contract.
These Services are available only to individuals or entities who can form legally binding contracts.
Licensing
Where special licensing requirements are needed by law for operation of machinery it is the purchasers responsibility to ensure the licensing is current and appropriate
COMPLETION OF TRANSACTIONS
Goods and Services Tax
Note that some prices shown on this website are exclusive of GST. Where GSt is applicable it will be included in the final price.
Liability for Equipment.
The equipment shall be and remain at the risk of the Buyer and/or the Buyer's designated transportation provider (and not McGarrell Plant and Equipment) while in transport. The equipment shall be and remain at the risk of the Buyer once delivered to the designated location.
Buyer Removal of Equipment.
The Buyer is responsible for loading the Equipment and for the transportation of the Equipment, unless otherwise noted in the listing. The Buyer acknowledges that it must conduct its own investigations to ascertain the safe and proper method for loading and transporting the Equipment in compliance with all applicable state and federal laws.
Mcgarrell Plant and Equipment makes no representation as to how the Equipment must be loaded or transported. The Buyer acknowledges that it will be liable for any failure to comply with any road transport legislation or regulations or any other laws relating to the decommissioning, loading or carriage of the Equipment.
Freight and Transportation
The Buyer is responsible for all freight, shipping and other costs related to transporting the Equipment from the posted Equipment location, including but not limited to any costs associated with certificates and/or permits required to move the Equipment within or across state, province and/or country borders. Buyers are advised to have all such certificates and permits issued and completed prior to transporting the equipment; otherwise Buyer may be subject to cleaning, permit, and/or other fees if the Equipment is stopped and held at a Port of Entry to a state, province or country.
Disclaimer; Limitation of Liability; Indemnity
THE EQUIPMENT, SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MCGARRELL PLANT AND EQUIPMENT MAKE NO WARRANTY THAT THE EQUIPMENT, SITE OR SERVICE WILL MEET BUYERS'/USERS' REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING EQUIPMENT ON THE SITE, THE LISTED EQUIPMENTWILL BE SUITABLE FOR ANY PURPOSE.
Limitation of Liability.
IN NO EVENT SHALL MCGARRELL PLANT AND EQUIPMENT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
(A) ANY INJURY TO ANY PERSON OR PROPERTY CAUSED BY THE EQUIPMENT OR
(B) DEFECTS IN SUCH EQUIPMENT ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY.
IN ADDITION, IN NO EVENT SHALL MCGARRELL PLANT AND EQUIPMENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR ITS CONTENT