Terms and Conditions

Pre orders require a 10% deposit paid when the order is placed. DEPOSITS ARE NON REFUNDABLE. Pre order lead times are ESTIMATES ONLY AND NOT GAURANTEED. Remaining balance of payment due at time of machine pick up or shipment.

UNIT IS SOLD WITH A 1 YEAR POWERTRAIN WARRANTY WITH ALL SERVICES REQUIRED BEING MAINTAINED AND RECORDED BY A MECHANIC. WARRANTY IS NULL AND VOID IF UNIT IS SUBJECTED TO ABUSE, NEGLECT, OR COMMERCIAL APPLICATIONS. BUYER MUST FOLLOW ALL MAINTENANCE PROTOCOLS AND INSTRUCTIONS VIA THE MANUAL AND DEALER INSTRUCTIONS AS WELL AS RETURN THE UNIT TO DEALER FOR DEALER CHECK ITEMS ALSO RETAIN RECEIPTS FOR SERVICE ITEMS COMPLETED OUTSIDE OF DEALER INSPECTIONS. POWERTRAIN ITEMS CONSIST OF THE ENGINE, BOTH DRIVE MOTORS, HYDRUALIC PUMP, SWING MOTOR, AND CENTRAL PIVOT VALVE BODY. WARRANTY DOES NOT COVER WEAR ITEMS SUCH AS LINES, CYLINDERS, TRACKS, PINS, BLADES, SEAT, UNDERCARRIAGE, ETC.

BUYER WAIVES ANY LIABILITY OF PERSONAL INJURY AND BODILY HARM FROM SELLER AND ASSUMES FULL POSSESSION AND RESPONSIBILITY OF THIS UNIT AT TIME OF DELIVERY OR PICKUP. SELLER IS HELD HARMLESS IN ANY AND ALL CAPACITY OF PERSONAL INJURY OR PROPERTY DAMAGES ONCE BUYER ASSUMES FULL OWNERSHIP OF DESCRIBED UNIT.

Due to my participation in the activity of purchasing and operating excavating equipment

from Southwest Michigan Equipment LLC, of 12650 US-131, Schoolcraft, MI 49087,

and/or use of the property, facilities and services of Southwest Michigan Equipment LLC, I and (if applicable) anyone that operates or is in the vicinity of the machine agree to the following:

A) AGREEMENT TO FOLLOW INSTRUCTIONS

For the proper development of the activity, I agree to heed and pay attention to all posted

rules, and further agree to follow any oral directions and warnings given by Southwest

Michigan Equipment LLC, or the staff of Southwest Michigan Equipment LLC.

B) ASSUMPTION OF THE RISKS AND RELEASE

My choice to participate in the activity is knowing, voluntary, and made for my enjoyment. I recognize that there are certain inherent risks associated with its development and I accept full responsibility for personal injury to myself and (if applicable) anyone that operates or is in the vicinity of the machine, and further release and discharge Southwest Michigan Equipment LLC for physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss occurring out of my or anyones use of excavating equipment purchased from Southwest Michigan Equipment LLC, whether caused by me or anyone else, Southwest Michigan Equipment LLC or other third parties that occurs use.

C) INDEMNIFICATION

I agree to indemnify and defend Southwest Michigan Equipment LLC against all claims, legal actions, damages, expenses, including attorney fees and other litigation costs that in any way may derive from the use of excavating equipment purchased from Southwest Michigan Equipment LLC.

D) EXPENSES

I agree to pay for all damages caused to the facilities of Southwest Michigan Equipment LLC as a result of my or my family's negligent, reckless, or willful actions.

E) NO DURESS

I have been given a reasonable opportunity to review this Agreement before signing. I agree and acknowledge that I am not under any pressure or duress to sign it. I further agree that I am free to have my legal counsel review this Agreement if I choose to.

F) APPLICABLE LAW

If any legal or equitable claim arises from my participation in the above mentioned purchase of excavating equipment, it will be resolved under Michigan law.

G) ENFORCEABILITY

This Release of Liability shall be binding upon and enforceable against me, my

representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Agreement shall be enforceable to the fullest extent permitted by Applicable Law. If any portion of this Agreement and is held invalid, the remainder shall not be affected and shall continue in full legal force and effect.