Terms and Conditions
TERMS AND CONDITIONS OF SALE
These Terms and Conditions (“Terms”) govern the sale of machine buckets, attachments, and related products (“Products”) by Superior Buckets (“Seller,” “we,” “us,” or “our”) to the purchaser (“Buyer,” “you,” or “your”). By placing an order, Buyer agrees to be bound by these Terms.
1. Orders and Acceptance
All orders are subject to acceptance by Seller. Seller reserves the right to refuse or cancel any order for any reason, including but not limited to availability, pricing errors, or incorrect specifications.
Verbal quotations, drawings, or estimates are not binding unless confirmed in writing by Seller.
2. Pricing
All prices are quoted in U.S. Dollars unless otherwise stated and are subject to change without notice. Prices do not include taxes, shipping, freight, duties, or other charges unless explicitly stated in writing.
Custom or made-to-order Products may require a deposit prior to production.
3. Payment Terms
Payment terms are [e.g., Net 30, prepaid, COD] unless otherwise agreed in writing. Seller reserves the right to require advance payment or additional security at any time.
Late payments may be subject to interest at the rate of 1.5% per month (or the maximum rate allowed by law), whichever is less. Buyer is responsible for all collection costs, including attorney fees, if payment becomes delinquent.
4. Lead Times and Delivery
Quoted lead times are estimates only and are not guaranteed. Lead times may be affected by material availability, production schedules, weather conditions, labor issues, or other factors beyond Seller’s control.
Seller shall not be liable for delays in delivery or failure to deliver caused by circumstances beyond its reasonable control.
5. Shipping and Risk of Loss
Unless otherwise agreed in writing, all shipments are F.O.B. Seller’s facility. Risk of loss or damage passes to Buyer upon shipment.
Buyer is responsible for inspecting Products upon receipt and filing any freight damage claims directly with the carrier.
6. Returns and Cancellations
Standard Products may be returned only with prior written authorization from Seller and may be subject to a restocking fee.
Custom, modified, or made-to-order Products are non-cancelable and non-returnable. Deposits on custom orders are non-refundable once production has begun.
7. Specifications and Custom Products
Buyer is responsible for providing accurate machine specifications, dimensions, pin sizes, tolerances, and application details. Seller is not responsible for fitment issues resulting from incorrect or incomplete information provided by Buyer.
Minor variations in dimensions, weight, appearance, or finish are normal and do not constitute defects.
8. Warranty
Seller warrants that Products manufactured by Seller will be free from defects in material and workmanship under normal use for a period of 6 months / 12 months from the date of shipment.
This warranty does not cover:
Normal wear and tear
Abuse, misuse, overloading, or improper installation
Unauthorized repairs or modifications
Damage caused by improper machine operation or maintenance
Seller’s sole obligation under this warranty is, at Seller’s option, to repair or replace the defective Product or portion thereof. Labor, freight, and downtime are not covered unless explicitly stated in writing.
9. Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY STATED HEREIN, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
In no event shall Seller be liable for indirect, incidental, consequential, or special damages, including but not limited to loss of profits, loss of use, or downtime, even if Seller has been advised of the possibility of such damages.
Seller’s total liability shall not exceed the purchase price of the Product giving rise to the claim.
11. Indemnification
Buyer agrees to indemnify and hold harmless Seller from any claims, damages, losses, or expenses arising out of Buyer’s misuse of the Products, failure to follow safety instructions, or operation outside intended applications.
12. Safety and Use
Buyer acknowledges that machine buckets and attachments are industrial products that require proper installation, inspection, and safe operation. Buyer is responsible for ensuring Products are used in compliance with applicable safety standards, regulations, and manufacturer recommendations.
13. Intellectual Property
All drawings, designs, specifications, and documentation provided by Seller remain the property of Seller and may not be copied, reproduced, or disclosed without prior written consent.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of NJ, without regard to conflict of law principles.
15. Entire Agreement
These Terms constitute the entire agreement between Seller and Buyer and supersede all prior agreements, representations, or understandings. Any modification must be in writing and signed by an authorized representative of Seller.