Sales, Service & Liability Agreement - Leon’s Heavy Equipment

1. Assumption of Risk & Release of Liability

Customer acknowledges that heavy equipment operation, transport, service, and demonstration are inherently dangerous activities that carry risk of injury, death, and property damage.

Customer voluntarily assumes all risks associated with visiting the premises, testing, purchasing, transporting, servicing, or using equipment.

Leon’s Heavy Equipment, its owners, officers, contractors (including independent mechanics), employees, and the Property Owner/Landlord are released from all liability for personal injury, death, property damage, or financial loss resulting from such activities, to the fullest extent permitted by law.

Customer expressly waives the right to sue or make any claim against Leon’s Heavy Equipment, its contractors, or the Property Owner/Landlord arising from these risks.

2. Sales Terms & Warranty Disclaimer

All equipment is sold strictly “as is, where is”.

No warranties, guarantees, or representations of any kind are made, express or implied, including but not limited to merchantability or fitness for a particular purpose.

Buyers are strongly encouraged to inspect equipment prior to purchase.

All sales are final. No refunds, returns, exchanges, or buy-backs will be provided under any circumstances.

Title and risk of loss transfer to the Buyer once equipment is paid for and delivered, picked up, or released for shipment.

The Buyer assumes full responsibility for equipment performance, safety, and ongoing maintenance after sale.

3. Service Authorization & Waiver

Leon’s Heavy Equipment provides service support through certified contractor mechanics, who are independent professionals trusted by the Company.

By authorizing service, Customer acknowledges and agrees that:

• All service and repairs are performed as-is and at Customer’s sole risk.
• No warranties, guarantees, or promises of outcome, performance, or future condition are made, express or implied.
• Leon’s Heavy Equipment and its mechanics are not liable for:
  • Malfunctions, damages, or breakdowns occurring during or after service.
  • Delays in obtaining parts or completing service.
  • Personal injury, accidents, or property damage arising from equipment use or misuse after service.
• All repairs are final. No refunds, returns, or rework will be provided.
• Leon’s Heavy Equipment reserves the right to stop or refuse service at any time, including but not limited to safety concerns, unavailable parts, or scope limitations.

4. Premises Liability

Customer understands that entry onto the Company’s premises is at their own risk.

Demonstrations and test drives are voluntary, and Customer assumes all associated risks.

Customer is responsible for any damages to equipment, property, or other persons caused during their operation of equipment.

The Company is not liable for accidents, injuries, or damages occurring on or near the premises.

5. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Leon’s Heavy Equipment, its contractors, affiliates, and the Property Owner/Landlord from any and all claims, demands, suits, damages, or losses arising from:

• The Customer’s presence on the premises.
• The Customer’s purchase, transport, operation, service, or misuse of equipment.
• Claims made by third parties resulting from Customer’s actions.

6. Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the State of California.

Any disputes shall be resolved exclusively by binding arbitration in either Los Angeles County or San Bernardino County, California, rather than in court, to the fullest extent permitted by law.

Customer waives the right to a jury trial or to participate in any class action related to this Agreement.

7. Entire Agreement

This Agreement constitutes the entire understanding between Leon’s Heavy Equipment and the Customer regarding sales, service, liability, and premises use. It supersedes all prior agreements, whether written or oral. If any provision is found unenforceable, the remaining provisions shall remain in full force.