GENERAL TERMS AND CONDITIONS OF SALE OF NEW EQUIPMENT AND PARTS
The following terms and conditions (“Terms”), together with any accompanying documentation provided by UNIMAX® CONSTRUCTION EQUIPMENT (“Seller”) (collectively, the “Agreement”), represent the entire and exclusive agreement between Seller and the purchaser (“Purchaser”) regarding the purchase of new equipment and parts (“Goods”). These Terms supersede any other understandings or agreements.
Any order placed by Purchaser is subject to these Terms. No additional or conflicting terms in Purchaser’s documentation shall be binding unless accepted in writing by Seller. Seller’s acceptance of an order is conditional upon Purchaser’s agreement to these Terms. A contract of sale is formed only when Seller provides written confirmation of the order.
CONDITION OF EQUIPMENT AND WARRANTY
- New Equipment and Parts: All equipment and parts sold by the Seller are new and unused unless otherwise specified. The Purchaser acknowledges that the Goods are sold in new condition, and Seller guarantees that they conform to manufacturer specifications.
- Warranty: The Seller provides a manufacturer’s warranty for new equipment and parts as per the specific warranty terms provided by the original equipment manufacturer (OEM). Seller does not extend any additional warranties beyond those provided by the OEM.
- Inspection and Acceptance: The Purchaser shall inspect the Goods upon delivery. Any claims for defects, shortages, or non-conformance must be made in writing within seven (7) days of receipt. Failure to provide notice within this period constitutes acceptance of the Goods.
REPAIRS AND REPLACEMENTS
- If the Goods are found to be defective within the warranty period, Seller shall, at its discretion, repair or replace the defective Goods in accordance with the manufacturer’s warranty terms.
- The Seller is not liable for defects resulting from improper installation, misuse, unauthorized modifications, or normal wear and tear.
PAYMENT
- Payment for the Equipment and Parts shall be made in accordance with the terms specified in the proforma invoice. All payments must be made in U.S. dollars.
- A down payment must be made within seven (7) days of the invoice date, and full payment must be completed within thirty (30) days of the invoice date.
- Seller does not guarantee the availability of the Goods until the down payment has been received.
- Late payments will incur interest at 0.5% per month of the invoice amount or the highest rate permitted by law. Purchaser is responsible for all collection costs, including legal fees, if payment is not made on time.
DELIVERY AND RISK OF LOSS
- Delivery of the Goods shall be made as per the agreed delivery terms (e.g., EXW, FOB, CIF, etc.) in the proforma invoice.
- Delivery times are estimates and based on reasonable shipping schedules. They may vary depending on factors such as shipping schedules, customs clearance, and other unforeseen circumstances. The Seller is not liable for any delays beyond its control.
- Purchaser is responsible for any additional costs due to customs clearance, import duties, or regulatory compliance in the destination country.
TITLE AND OWNERSHIP
- Transfer of Title: The title to the Goods will pass to the Purchaser only after full payment of the Purchase Price is received by the Seller.
- Retention of Title: Until full payment is made, the Seller retains legal ownership of the Goods. The Purchaser shall not transfer, sell, or encumber the Goods until the full Purchase Price is paid.
- However, Purchaser bears all risk of loss or damage once the Goods are delivered, even if full payment is not yet completed.
CANCELLATION & SUSPENSION
- If Purchaser fails to make timely payments or meet Seller’s credit requirements, Seller reserves the right to cancel the order.
- Seller may require full payment or security before further shipments.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law, Seller is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or operational downtime.
- Seller’s total liability shall not exceed the purchase price of the Goods.
INTELLECTUAL PROPERTY RIGHTS
- The equipment and parts sold by the Seller may bear trademarks, logos, or other intellectual property owned by the original equipment manufacturers (OEMs).
- The Seller is an independent distributor and is not affiliated with any of the OEMs. The sale of the equipment and parts is independent of any official OEM authorization and does not imply any transfer of intellectual property rights or endorsement by the OEMs.
INDEMNIFICATION
Purchaser agrees to indemnify and hold Seller harmless from all liabilities, damages, and expenses arising from:
- The use, operation, or resale of the Goods.
- Any injury or property damage related to the Goods.
- Any claims of third-party intellectual property infringement due to modifications requested by Purchaser.
GOVERNING LAW & DISPUTE RESOLUTION
- This Agreement is governed by the laws of China.
- Any disputes will be resolved through arbitration in China, under the applicable arbitration rules.
FORCE MAJEURE
- Seller is not liable for delays or failure to perform due to causes beyond its control, including natural disasters, war, labor strikes, supply chain disruptions, or government actions.
MISCELLANEOUS
- These GENERAL TERMS AND CONDITIONS OF SALE constitute the entire agreement between the Seller and the Purchaser and supersede all prior negotiations, representations, or agreements, whether written or oral, relating to the sale of the Equipment and Parts.
For any questions or more details about this, please contact us at:
Website: www.unimaxce.com
Email: info@unimaxce.com