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Terms & Conditions

1. Agreement to Terms

By accessing or using the HeavyEquipUS website (the "Site") and purchasing products ("Products") from us, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all of these Terms, you may not access the Site or purchase Products. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site after any changes constitutes acceptance.

2. Products & Purchases

  • Product Descriptions: We strive to display product colors, images, specifications, and availability as accurately as possible. However, we do not guarantee that your screen's display is accurate, and product specifications are subject to change by manufacturers. All Products are subject to availability.

  • Pricing: Prices are listed in US Dollars. We reserve the right to correct any pricing errors and to change prices at any time without notice. You agree to pay the price current at the time of order confirmation, plus applicable taxes and shipping fees.

  • Orders: Placing an order constitutes an offer to purchase. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or description, or suspicion of fraud. In such cases, we will notify you and issue a refund if payment was collected.

  • Payment: Payment must be completed in full before an order is processed. We accept major credit cards and other designated payment methods. You represent that you have the legal right to use any payment method you provide.

3. Shipping, Inspection & Acceptance

  • Risk of Loss: Title to the Products and risk of loss passes to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damage or loss in transit.

  • Inspection & Acceptance: You have a strict duty to inspect the Products immediately upon delivery. You must note any damage, shortage, or non-conformity on the carrier's delivery receipt and notify HeavyEquipUS within 24 hours as outlined in our Shipping & Returns Policy. Failure to do so may constitute acceptance of the Products and waive any claims for such issues.

4. Limited Warranty & Disclaimers

  • Manufacturer's Warranty: New Products may be covered by the original manufacturer's warranty. HeavyEquipUS provides no warranty beyond facilitating the manufacturer's process. Warranty terms are provided by the manufacturer and are not modified by these Terms.

  • "As-Is" Sales: Used, demo, or "as-is" Products are sold WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, including any implied warranty of merchantability or fitness for a particular purpose.

  • General Disclaimer: TO THE FULLEST EXTENT PERMITTED BY LAW, HEAVYEQUIPUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, FOR PRODUCTS SOLD, EXCEPT AS EXPLICITLY STATED OTHERWISE.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEAVYEQUIPUS, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO A PRODUCT OR THESE TERMS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

6. Indemnification

You agree to indemnify, defend, and hold harmless HeavyEquipUS and its affiliates from any claim, demand, damage, or loss (including reasonable attorneys' fees) made by any third party due to or arising out of your breach of these Terms, your use of the Products, or your violation of any law or the rights of a third party.

7. Site Use & Intellectual Property

  • The Site and all content, including logos, text, and images, are the property of HeavyEquipUS or its licensors and are protected by copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works without prior written consent.

  • You agree not to misuse the Site, including through unauthorized access, interference, or the introduction of malware.

8. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Solano County, California, and you hereby consent to personal jurisdiction and venue in such courts.

9. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

10. Entire Agreement

These Terms, together with our Shipping & Returns Policy and Privacy Policy, constitute the entire agreement between you and HeavyEquipUS regarding the Site and Products, superseding any prior agreements.

11. Contact Information

For questions about these Terms, please contact us at:
HeavyEquipUS
Email: support@heavyequipus.shop
Phone: +1 (831) 750-3910
Address: 690 Walnut Ave Suite #120, Vallejo, CA 94592

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