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 is due in full at the time the order is placed, unless otherwise agreed in writing. Custom or made-to-order Products may require a deposit prior to production.
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, EXCHANGES, AND CANCELLATIONS.
Custom and made-to-order Products — including Build-A-Bucket™ and any modified or built-to-order items — are non-cancelable and non-returnable, as they are manufactured to the Buyer’s specifications. Deposits on custom orders are non-refundable once production has begun.
Standard (in-stock) Products may be returned or exchanged within 30 days of delivery, subject to all of the following: the Product must be unused and in original, resalable condition; the Buyer must obtain prior written authorization (RMA) from Seller before returning any Product; the Buyer is responsible for return shipping costs; and a 20% restocking fee applies. Exchanges of standard Products are handled the same as returns and subject to the same conditions.
Defective Products are covered under Seller’s warranty (see Section 8), are not subject to restocking fees, and will be repaired or replaced at Seller’s option.
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
Superior Buckets provides the following limited warranties on Products it manufactures, under normal and intended use:
Lifetime Weld Guarantee. Superior Buckets guarantees its welds for the lifetime of the Product against failure caused by defective workmanship. If a weld fails due to poor workmanship under normal, intended use, Superior Buckets will, at its option, repair or replace the affected Product or portion thereof, or otherwise work with the Buyer to resolve the issue.
12-Month Limited Warranty. Superior Buckets warrants that its Products will be free from defects in materials and workmanship under normal use for a period of twelve (12) months from the date of shipment.
These warranties do NOT cover: normal wear and tear (including wear items such as teeth and cutting edges); abuse, misuse, overloading, or improper installation; unauthorized repairs or modifications; or damage caused by improper machine operation or maintenance.
Seller’s sole obligation under these warranties 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 New Jersey, without regard to conflict of law principles. Any legal action or proceeding arising from these Terms shall be brought in courts located in New Jersey.
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.