EQUIPMENTLAND.com TERMS, CONDITIONS OF SALE
Customer and Manufacturer agrees all Equipmentland.com business and sales are conducted per the following:
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.
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 to locations in the United States and Canada. 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 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. “Commercial Location” means a brick-and-mortar non-residential company location inside city limits with a dock, forklift or other suitable method of unloading, open to the walk-in public during normal business hours. Non-typical delivery locations as determined by freight carriers that may incur additional charges to customer include camps, carnivals, cemeteries, churches, construction sites, country clubs, court houses, fairgrounds, farms, golf courses, hotels, Indian reservations, job sites, mines, motels, parks, places of worship, prisons, ranches, resorts, retirement/nursing homes, storage units etc.
If a customer indicates they want “call before delivery”, customer understands that will be solely per the discretion of the destination driver and not a condition of normal delivery.
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.
Note: If an item is marked “FREE SHIPPING” it means free delivery only to a commercial location within city limits with a dock or forklift, or a freight handling company depot in the Continental USA & S. Canada, as described and subject to all other shipping policies above.
6) TAXES, DUTIES, etc. 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.
W-1) WARRANTY GENERAL DESCRIPTION – Equipmentland.com, hereby states that all warranties are the responsibilities of the individual Manufacturers. Equipmentland.com makes no additional warranty, implied or assumed other than those of the original Manufacturers unless otherwise noted. 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.
W-2) PROPER USE OF PRODUCTS – Provisions of this warranty shall not apply to Equipmentland.com products, or those products sold by Equipmentland.com which are used for any purpose other than which they were designed for; which have been altered in any way that would be detrimental to the performance or life of the product; or are damaged from misapplication, misuse, negligence or accident — and these situations are not covered by warranty, expressed or implied, by Equipmentland.com.
W-3) RETURNS, GOODS DAMAGED IN SHIPPING – OBVIOUSLY DAMAGED GOODS: Do not receive, sign or accept any obviously damaged goods. Refuse delivery with notation on the Bill of Lading stating the damage; and contact Equipmentland.com immediately.
SUSPECTED DAMAGED GOODS: If a shipping delivery attempt is made with ANY marks on packaging or product that make you suspect of ANY shipping damage, you CAN accept delivery, and a claim may be enforceable, but be SURE you make a CLEAR NOTATION OF SUSPECTED DAMAGE ON THE BILL OF LADING when signing, no matter what the truck driver may advise. 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. You 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.
W-4) RETURNS, DEFECTIVE GOODS – Immediately upon receipt of merchandise, thoroughly inspect the purchased product before using. Make sure the user of the product is familiar with the correct application and proper care. No goods 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. Any merchandise received that is damaged must be reported within 72 hrs of receipt.
Returns Within 30 Days from Delivery Date – For the first thirty days from your delivery date, items subject to return to the Manufacturer must include a Return Goods Authorization (RGA) Number issued to the Customer from Equipmentland.com. Please phone, fax, or e-mail your reason (digital photos really help), with your invoice information including the reason for the return, and request the RGA Number. You 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. Upon confirmation of a bonafide problem with your product, the Manufacturer will either fix the problem or exchange and pay the shipping back to Customer. Equipmentland.com will credit you for your product return cost with proof sent to us.
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.
– What personally identifiable information is collected by Equipmentland.com or by any third party through our site;
– How Equipmentland.com uses this information;
– With whom Equipmentland.com may share this information;
– What choices are available to you as a user of the site with respect to collection, use and distribution of the information;
– What types of security procedures are in place to protect the loss, misuse or alteration of information under our control; and
– How you can correct any inaccuracies in the information.
Information Collection and Use: Equipmentland.com is the sole owner of the information collected on this site. Equipmentland.com may collect information from you at two different stages. First, we collect anonymous, aggregate information from all visitors to the site. This information is never linked to any personally identifiable information and is only used in the aggregate to generate statistical reports about the use of our site. Second, Equipmentland.com collects personally identifiable information when you create an Equipmentland.com account and when you order Equipmentland.com products or utilize certain services. Online account creation may require you to submit the following personal information: name, address, company information, email address, and phone number. For purposes of billing, you will need to provide your credit card type, number, expiration date and billing address for the card. Certain personally identifiable information is required if you subscribe to an Equipmentland.com newsletter, or sign up to participate in a promotion, sweepstake or survey through the site. Equipmentland.com may also receive personally identifiable information from our business partners.
Use of Your Personal Information: Our primary goal in collecting information from you is to provide you with a smooth, efficient and customized experience while using our site and to allow us to provide products and services to you. Equipmentland.com will never give your information to, or share your information with, any third party not affiliated with or owned by Equipmentland.com, except as permitted by law. Equipmentland.com will send personally identifiable information about you to other companies or people when:
– We have your consent to share the information;
– We need to share your information to provide the products or services you have requested;
– We need to send the information to companies who work on behalf of Equipmentland.com to provide a product or service to you, including manufacturers and/or shipping companies. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us); or
– We respond to subpoenas, court orders, or legal process or find that your actions on our web site violate the Equipmentland.com Terms of Sale or any of our usage guidelines for specific products or services.
Disclosure of Personal Information As Required By Law: We will disclose personal information when required by law, or if we have good-faith belief that such action is necessary to (a) comply with current judicial proceedings, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.
Business Transitions: In the event that Equipmentland.com goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, our customers’ personal information may be part of the assets transferred. Customers will be notified via prominent notice on our site prior to a change of ownership or control of their personal information. If, as a result of the business transaction, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.
Links: This site may contain links to and portions of other sites. Equipmentland.com is not responsible for the privacy practices or content of these other sites. When you leave our site or view a portion of a third party’s site through our site, we encourage you to read the privacy statements of each such site. This privacy statement applies solely to information collected by Equipmentland.com.
Security: Wherever your personal information may be held within Equipmentland.com or on its behalf, we intend to take commercially reasonable and appropriate steps to protect the personal information that you share with us from unauthorized access or disclosure. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information. We use encryption to protect sensitive information online. The servers that store your personally identifiable information are housed in a secure environment. Finally, we also make an effort to protect your information off-line.
Correcting, Updating, Deleting and Deactivating Personal Information: If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.
Notification of Changes: Equipmentland.com may edit this policy from time to time. If we make any substantial changes, we will prominently post a notice on the main page and other pages to alert you of the change.