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1) PRODUCT LISTINGS and PRICING - Equipmentland is not an Original Equipment Manufacturer (OEM) or supplier of parts. Equipmentland only lists and sells products (“Products”) made by third party manufacturers (“Manufacturers”). All Products listed on Equipmentland.com are new Manufacturer products with full warranty by the respective Manufacturer, unless specified otherwise. All service and warranties are the responsibility of the Manufacturer (see Equipmentland.com Warranty Policy below which is incorporated herein by reference). Subject to the Warranty Policy, Products are deemed accepted upon receipt. With purchase as prepay, customer agrees that all orders are considered "Made to Order" or custom built. All listed or published product prices are subject to exception or change without notice. Prices on the Equipmentland.com website are not binding. Pricing errors may be corrected at any time.
2) SUITABILITY OF PRODUCTS - Products listed and sold by Equipmentland.com are purchased by Customer with the expressed understanding that the Customer and/or users are thoroughly familiar with the correct application and proper care. It is the Customer's and user's responsibility to determine the suitability of a product for any particular use and to properly train anyone using the product. It is Customer's responsibility to check all applicable industry, trade association, federal, state and local regulations, and to read, understand and comply with all cautions and warnings on products purchased from Equipmentland.com. Equipmentland.com, nor its holding corporation, employees, owners and so forth, assumes nor is assigned any responsibility and shall not be liable for any loss or damage caused by, or resulting from, misuse or misapplication of any product sold by our company or individuals. See the Warranty Policy below for additional terms and conditions.
3) ORDERING and PAYMENT - Customer's order authorizes acceptance of the terms & conditions contained herein and on any quote or invoice issued by Equipmentland.com. Equipmentland.com is not required to comply with any additional, different or conflicting terms or conditions set forth in Customer's purchase order or Manufacturer's sales order. All orders are subject to Equipmentland.com acceptance. Customer understands that all orders are Terms Prepay: requiring full payment before Equipmentland.com authorizes the assembly of the physical order and shipping. Payment may be acceptable by credit card, wire transfer, certified check, money order, or personal/corporate/institutional check (with adequate clearing time up to twelve business days or more at the digression of Equipmentland.com). All International orders require prepayment by wire transfer in advance of product shipping. Payments are non-refundable. All information provided by Customer in connection with any order is subject to the terms and conditions of the Equipmentland.com Privacy Policy.
4) CANCELLATION POLICY - All sales are final. No order is cancellable without written approval by Equipmentland.com. Each canceled order will incur a Cancellation Fee of $75 minimum or 10% of order whichever is greater. Orders canceled after placement with the manufacturer are subject to additional cancellation or restocking fees, whether shipped or not. Any shipping or handling charges for orders that are returned as undeliverable are the responsibility of the customer. For our warranty information see See Warranty Policy.
5) SHIPPING POLICY - Equipmentland.com only ships within the United States. If Customer wishes to transport Products outside of the United States, Customer assumes all costs, risk and liability associated therewith, including duties, fees, tariffs, export requirements and other legal requirements. Shipping charges quoted or invoiced by Equipmentland.com are only estimates of the actual cost of shipping. Actual shipping costs may vary at day-of-shipping. All shipping costs are the sole responsibility of the customer. Customer is responsible for any additional or unforeseen delivery costs, charges and fees as applicable: i.e., customs, expediting, forwarding, reconsignment, returns, residential delivery fees, lift gate fees, special handling fees, fuel surcharges, storage, warehousing, etc. Delivery dates quoted by Equipmentland.com are estimates only. Equipmentland.com assumes no responsibility for delays or increased costs in shipping or delivery. For Goods Damaged in Shipping, see Warranty. In situations where product is not immediately available, the shipping date will be determined by the manufacturing lead time which is not guaranteed.
6) TAXES, DUTIES, etc. - No sales taxes are collected for purchases from Equipmentland.com, an Oregon company. Compliance to Customer's local laws the responsibility of the Customer. Customer is responsible for all costs related to import/export, customs brokerage, taxes, tariffs, fees, duties, personal property taxes, and so forth related to their order. Equipmentland.com assumes no responsibility for costs, taxes, fees, duties, etc. beyond the sale of the goods and applicable rules and laws.
7) EXWORKS DELIVERY - For orders that the Customer coordinates shipping, order will be Ex-Works Factory, with delivery considered being complete when Product is upon factory dock ready for pickup with appropriate Customer notification. Shipping dates given by Equipmentland.com are approximate and are based on prompt receipt of all necessary information regarding the order. Equipmentland.com will use all reasonable efforts to meet the targeted delivery date, but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause of cancellation and/or for damages of any character. In the event of any delay requested by Customer or any delay caused by lack of shipping instructions, Manufacturer will store all items ordered at Customer's expense and risk. For cancelled or orders not received by Customer, Equipmentland.com reserves the right to charge Customer for restocking, fees and storage, and liquidate Product at Equipmentland.com discretion.
8) Limitation of Liability - Equipmentland’s aggregate liability to Customer, or to Customer’s successors and assigns, under or for any conduct relating to an order or any goods or services provided by Equipmentland (whether such liability is in negligence, strict liability, products liability, contract, warranty or otherwise) shall be limited to the aggregate purchase price for the order. In no event shall Equipmentland be liable for any special, liquidated, incidental, indirect or consequential damages, including, without limitation, damages for loss of profits, or loss of use.
9) Miscellaneous - These Terms and Conditions include the Warranty Policy and any invoice or quote issued by Equipmentland.com and constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties pertaining to the subject matter hereof. If any provision of these Terms and Conditions is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All orders and sales, these Terms and Conditions and the legal relations between the parties shall be governed and construed in accordance with the laws of the state of Oregon, USA, without giving effect to principles of conflict of laws. The parties expressly disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods to the transactions hereunder. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in a state or federal court located within Multnomah County, Oregon. Both parties hereby submit to the jurisdiction of such a court over each of them personally in connection with such litigation, waive any objection to venue in such a court and waive any claim that such a forum is an inconvenient forum. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of these Terms and Conditions if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, acts of war or terrorism or any other event beyond the control of such party. Customer shall not assign or delegate any of its rights or obligations under these Terms and Conditions without Equipmentland’s prior written consent.
EQUIPMENTLAND.com WARRANTY POLICY
W-1) WARRANTY GENERAL DESCRIPTION - This warranty policy applies to all purchase of Products. Equipmentland.com, hereby states that all warranties are the responsibilities of the individual Manufacturers. Customer will receive copies of all warranty documentation when it receives the ordered Product. Warranty information can be provided in advance if requested. Equipmentland.com is not responsible for examining or evaluating Manufacturer products or services. Equipmentland.com does not assume any responsibility or liability for the product, content, or actions of all Manufacturers, and Equipmentland.com does not warrant or provide technical support for the offerings of any Manufacturer's products or services. THE MANUFACTURERS’ WARRANTIES ARE THE EXCLUSIVE WARRANTIES TO WHICH CUSTOMER IS ENTITLED, AND NO OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, SHALL APPLY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR PURSUANT TO COURSE OF DEALING OR TRADE USAGE.
W-2) PROPER USE OF PRODUCTS - Without limiting any terms or conditions set forth in any Manufacturer warranty, Customer acknowledges that any warranty provided shall not apply to Products which (a) are used for any purpose other than for which they were designed, (b) which have been altered in any way that would be detrimental to the performance or life of the Product, or (c) are damaged from misapplication, misuse, negligence or accident.
W-3) RETURNS, GOODS DAMAGED IN SHIPPING - OBVIOUSLY DAMAGED GOODS: Customer must not receive, sign or accept any obviously damaged goods. Rather Customer should refuse delivery with notation on the Bill of Lading stating the damage; and contact Equipmentland.com within 72 hours.
SUSPECTED DAMAGED GOODS: If a shipping delivery attempt is made with ANY marks on packaging or Product that causes the Customer to reasonably suspect shipping damage, Customer may accept delivery, but Customer must make a CLEAR NOTATION OF SUSPECTED DAMAGE ON THE BILL OF LADING when signing. DO NOT DISPOSE OF ANY PACKAGING MATERIALS if return shipment may be necessary, as these materials are required for proof of damage, and the trucking company may refuse to return merchandise without proper packaging. Customer may be held responsible if extra shipping costs occur due to repackaging or pick-up of unpackaged merchandise if the original packing materials are disposed. Customer must then contact Equipmentland.com within 72 hours.
W-4) RETURNS, DEFECTIVE GOODS - Immediately upon receipt of merchandise, thoroughly inspect the purchased product before using. Customer must ensure the user of the Product is familiar with the correct application and proper care. No Products requiring repair or alleged to be defective may be returned without authorization and a Return Materials Authorization (RMA) by Equipmentland.com. Under no circumstances may Products be returned without prior approval from Equipmentland.com. Contact Equipmentland.com immediately if the goods are defective.
Returns Within 30 Days from Delivery Date - For the first thirty days from Customer’s receipt of Product, items subject to return to the Manufacturer must include a Return Goods Authorization (RGA) Number issued to the Customer from Equipmentland.com. Customer should phone, fax, or e-mail the reason (digital photos really help) for return along with a copy of the invoice. Customer must then request the RGA Number. Customer must mark the RGA No. visibly on your return shipping documentation or the Manufacturer may not accept receipt of goods. Shipping the product back to the Manufacturer is at the Customer expense, unless other arrangements are made. Equipmentland.com assumes no responsibility for any relationship, acts or omissions that occur between the Customer and the Manufacturer. The Manufacturer will address warranty issues in accordance with its own warranty policies.
Returns After 30 Days from Delivery Date - Equipmentland.com can NOT authorize nor accept returns for any reason after 30 days from the date of delivery, nor be involved in any way. After the 30 day window of time, defective merchandise warranty arrangements must be made between the Customer and the Manufacturer under the Manufacturer's terms.
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