General Terms and Conditions
HEAVY EQUIPMENT TRANSPORT USA LLC
Registered Office:
223 CREST HILL RD, TOMS RIVER, NJ 08755.
TERMS AND CONDITIONS OF SALE
(This document does not limit the statutory rights of the consumer.)
GENERAL
1. These General Terms and Conditions, together with the details listed overleaf, contain all the contractual terms
between us (the Seller) and you (the Buyer) relating to the sale and purchase of the whole or part of the goods described overleaf ("the Goods"). Should you wish to make any changes or additions, please have them confirmed in writing by one of our duly authorized representatives.
2. You are obliged to provide us with all information necessary to comply with anti-money laundering laws and to guarantee the accuracy of this information.
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3. If this Agreement relates to the purchase of Goods, you may, within seven days of receiving notification of readiness for delivery, instruct a finance company to purchase the Goods at the purchase price. The Goods will then be delivered to the finance company, and all references to the delivery of the Goods shall be construed accordingly. Upon purchase of the Goods by the finance company, Clauses 5, 6, and 15 to 24 of this Agreement shall cease to have effect. The provisions of this Agreement relating to the trade-in of Goods (if any) shall remain in effect, but we will settle the trade-in consideration and any deposit paid to the finance company under this Agreement on your behalf.
PRICE AND PAYMENT
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4. This Agreement is entered into in England, subject to the exclusive jurisdiction of the NJ courts, and construed in accordance with USA law.
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5. The purchase price is the price for the Goods, including any accessories, vehicle tax, delivery, and VAT, at the time of the order. If the rate or amount of vehicle tax, VAT, or motor vehicle tax changes between your order and delivery, the amount applicable at the time of delivery must be paid.
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6. If the importer or other supplier of the goods changes the recommended price after you place your order but before delivery, we will notify you of any proposed change to the purchase price. If we propose an increase in the purchase price or a reduction that is less than the reduction in the recommended price, you may terminate the contract within 14 days. In this case, clause 22 will apply. If we do not receive notice of termination within this period, the purchase price will be adjusted as proposed.
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7. For the purchase of whole goods, a non-refundable deposit of ten percent (30%) is required before the item can be ordered.
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8. Payment for whole goods is due before delivery against receipt of payment unless otherwise stated on the invoice.
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9. Credit cards and American Express are not accepted. There is no charge for payment by debit card.
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10. For Whole Goods purchased with financing, a complete drawing and signature of the documents is required prior to delivery.
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11. When paying an invoice via electronic payment method, the buyer is fully responsible for the correct receipt of payment into our account.
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12. HEAVY EQUIPMENT TRANSPORT USA LLC is not liable for delivered Whole Goods that are subsequently stolen and not covered by the buyer's insurance due to a lack of insurance notification.
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TRADE-IN FOR WHOLE GOODS
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13. If we have agreed to accept a trade-in item at an agreed value as partial payment of the purchase price, we are only obligated to do so if the Trade-in Item:
a. is free of any financing agreements, fees, or other encumbrances (collectively, "Encumbrances") that you notified us of prior to the order date,
b. was delivered/collected from our place of business before we ship the Goods to you, and
c. is in the same condition upon delivery/collection (subject to normal wear and tear and reasonable increases in operating hours) as we inspected it before agreeing to the trade-in.
If you fail to meet any of the above conditions, we are not obliged to accept the trade-in goods or to credit the trade-in goods towards the purchase price, and you may be required to pay the full purchase price before you can accept the goods.
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14. If the payment required to fully release the trade-in goods from all encumbrances is higher than the amount you notified us before the order date, or if the trade-in goods are delivered in a worse condition or with a disproportionately high If the goods are delivered at additional cost, we may nevertheless, at our discretion, agree with you on a reduced trade-in fee and accept the trade-in goods.
DELIVERY
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15. We will endeavor to deliver the goods by the estimated delivery date, but we will not be liable for any claims for damages arising from a delay in delivery due to reasons beyond our reasonable control. In the event of such a delay, we will contact you to arrange an alternative delivery date.
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16. We may cancel the contract with you at any time before delivery if the manufacturer no longer produces the model or specification of the goods you have ordered, or if we are unable to obtain them from the importer or another supplier. In this case, Clause 22 will apply.
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17. If we are unable to supply any accessory you have ordered (whether factory-fitted or not), we will contact you and, at your option, offer you an equivalent replacement or remove the accessory from this contract and adjust the purchase price accordingly. Subject to this, you will have no claims against us for non-delivery of accessories and will not be entitled to withdraw from the contract.
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18. If we fail to deliver the goods within 42 days of the expected delivery date, you may send us a delivery notice. If we fail to deliver within 14 days of receiving this notice, you may withdraw from the contract. Clause 22 will then apply.
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19. We will notify you when the goods are ready for delivery. You must pay the purchase price (less any deposit and/or trade-in fee) and take delivery of the goods within 14 days of receiving this notice. All payments must be made by banker's check or other payment methods accepted by both us and you. If you fail to pay the purchase price within 21 days of receiving notice of readiness for delivery and do not take delivery of the goods, we may terminate the contract. Clause 17 will then apply.
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20. If this contract relates to the purchase of a complete set of goods, you may not assign the contract to any third party, except as permitted under Clause 3, and you may not resell the vehicle for commercial purposes within four months of delivery. Any resale within this period will be deemed to have been for commercial purposes unless you did not intend to resell the complete set of goods at the time the contract was entered into. You warrant that you have no such intention. If we discover before delivery that this warranty is not applicable, we may terminate the contract. In this case, Clause 23 will apply.
DISTANCE SALE
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21. If this contract was entered into without personal contact between us or a person acting on our behalf, you may terminate it within 14 days of receiving the goods. You must then either return the goods to us or make them available for collection at your own expense. You must handle the goods with care and are liable for any loss or damage from the time of delivery until the time of return. If we have agreed to accept part-exchange goods at an agreed value as part payment of the purchase price, we may choose to either return the part-exchange goods or refund the part-exchange amount. CONSEQUENCES OF TERMINATION
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22. If we terminate the contract in accordance with clause 16, or if you terminate the contract in accordance with clauses 6, 18, or 21, we will refund your deposit. If the termination is due to circumstances beyond our reasonable control, we will have no further liability to you.
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23. If we terminate the contract in accordance with clauses 19 or 20, we will endeavor to sell the goods elsewhere. If they are not sold within a reasonable time, we will auction them. Within 7 days of the date of sale, we will send you an account of the sale price and any additional costs we have incurred in reselling the goods. We will refund the balance of your deposit, if any, less the amount we have lost (i.e., any reduction in the selling price and the additional costs of resale). If our loss exceeds your deposit, you must pay us the difference within seven days. We will provide copies of all receipts upon request. Transfer of Title and Risk
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24. The goods remain our property until the purchase price has been paid in full. However, you are liable for any loss or damage from the time of delivery and should insure the goods accordingly. A check is only considered payment once it has been cashed. Ownership of the trade-in goods