EQUIPMENTLAND Inc. TERMS AND CONDITIONS OF SALE
Customer and Manufacturer agrees all Equipmentland Inc. (Equipmentand) 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 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 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. Equipmentland Inc., 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. 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 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 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 are estimates only. Equipmentland 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 Inc., 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 assumes no responsibility for costs, taxes, fees, duties, etc. beyond the sale of the goods and applicable rules and laws. When purchasing please send a tax exempt certificate if available.
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 are approximate and are based on prompt receipt of all necessary information regarding the order. Equipmentland 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 reserves the right to charge Customer for restocking, fees and storage, and liquidate Product at Equipmentland 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 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.