Conditions of Sale and Return Policy

NOTICE: KD Capital Equipment, LLC dba KD Machinery (“Seller”) may act either as the owner of the equipment or as a broker on behalf of third-party sellers. In all cases, equipment is sold strictly “AS IS,” “WHERE IS,” and “WITH ALL FAULTS,” regardless of Seller’s ownership status. No warranties of any kind are provided, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or description accuracy. Buyer assumes all risks associated with the purchase, condition, and use of the equipment.

Buyer’s Duty to Inspect

Buyer acknowledges that inspecting the equipment—or hiring a qualified third party to do so—is solely their responsibility. Seller strongly recommends inspection, and Buyer assumes all risks associated with choosing not to inspect. Seller makes no guarantees about equipment condition or suitability for any particular purpose.

As-Is, Where-Is, With All Faults

All equipment is sold strictly “AS IS,” “WHERE IS,” and “WITH ALL FAULTS”—whether known or unknown. Seller disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, and conformity to specifications. Buyer is solely responsible for verifying OSHA compliance and all other safety standards prior to use.

No Reliance on Seller’s Statements

Any equipment descriptions, photos, or specifications are provided for reference only. Buyer affirms they are not relying on Seller’s verbal or written representations unless expressly included in the invoice.

Exclusive Purchase & Non-Circumvention

Buyer agrees to purchase through Seller exclusively. If Buyer obtains this or materially similar equipment from the same source within 90 days, Seller shall be entitled to a commission of 10% of the transaction amount or the commission it would have earned—whichever is greater. Buyer authorizes Seller to file a UCC lien to secure such commission.

Limitation of Liability

Seller’s liability is strictly limited to the purchase price. Seller shall not be responsible for any indirect, incidental, consequential, or special damages (including lost profits or downtime), even if previously advised of the possibility of such damages.

Indemnification

Buyer shall defend, indemnify, and hold harmless Seller from any claims, costs, or liabilities arising from Buyer’s ownership, transport, use, operation, or installation of the equipment.

Taxes

All federal, state, and local taxes, duties, and fees are the sole responsibility of the Buyer. Buyer agrees to reimburse Seller for any such taxes paid, including penalties and interest, if not properly exempted.

Governing Law & Venue

This transaction shall be governed by Arizona law, with exclusive venue in the courts of Maricopa County, Arizona. Buyer waives the right to a jury trial. The prevailing party in any dispute may recover legal fees and costs.

Entire Agreement (When Incorporated)
These terms are intended to outline the general conditions applicable to all equipment purchases through KD Capital Equipment, LLC, dba KD Machinery. They do not constitute a binding agreement unless expressly incorporated into a formal invoice or purchase contract signed by both parties. No modifications are valid unless made in writing and signed by both parties..
Payment & Title

Title transfers only upon full payment. Until payment is received and cleared, Seller retains a security interest in the equipment and may file UCC documents accordingly. Past-due balances accrue interest at 1.5% per month.

Delivery & Risk of Loss

Unless otherwise agreed, equipment is delivered “where-is.” Buyer assumes all risk and cost associated with dismantling, transport, and reinstallation. Risk of loss transfers to Buyer upon payment or when the equipment is tendered—whichever occurs first.

Rigging & Shipping

Buyer is fully responsible for all rigging, loading, transport, and related logistics. If Seller or a third party assists, it is as a courtesy and without liability, except in cases of gross negligence or willful misconduct. Buyer must arrange proper insurance and complete all bills of lading. Seller is not responsible for transit or concealed damage under any theory—even if reported later. Buyer is responsible for selecting qualified riggers/shippers and ensuring adequate insurance coverage for transit and handling.

Wire Transfer Security

To prevent fraud, Buyer must verify Seller’s bank details by phone before wiring funds. Buyer bears all risk of loss from fraud, email compromise, phishing, or misdirected payments until Seller confirms receipt in its verified account.

Return Policy and Limited Startup Warranty

All Sales Are Final – No Returns or Refunds
Unless otherwise stated in writing on your invoice, all equipment purchases are final and non-refundable. Equipment is sold ‘as-is, where-is, with all faults’ and without warranty.

Limited Startup Warranty (When Offered)
From time to time, KD Machinery may offer a limited startup warranty on major components. This warranty applies only under the following conditions:
– Eligibility: Warranty must be explicitly stated on your invoice and is valid only if the machine is started up by a KD Machinery-approved technician.

– This limited warranty does not override the general ‘as-is, where-is’ sale condition and applies only if explicitly stated in writing on your invoice.
– Startup Period: The machine must be started within 10 calendar days of arrival. If issues arise with covered components, the Buyer must notify Seller in writing within that 10-day period.
– Covered Components: The limited warranty applies only to the spindle, ball screw, control, motors, drives, and tool changer—i.e., components critical to operation.
– Remedy: If a covered component fails, Seller may, at its sole discretion, repair the component or accept the return of the equipment. All returns must be approved in writing by Seller in advance.
– Return Conditions: Buyer is responsible for all rigging, packaging, insurance, and freight costs associated with returning the equipment. No refund will be issued until Seller has received and inspected the equipment for additional damage.

Encouragement to Inspect
We strongly encourage all Buyers to inspect equipment thoroughly prior to purchase. Failure to inspect does not relieve Buyer of obligations under these Terms.

For questions or concerns, please contact:
KD Capital Equipment, LLC dba KD Machinery
Phone: 480-922-1674
Email: customerservice@kdmachinery.com
Web: www.kdcapital.com