TERMS OF SERVICE

OVERVIEW

This website is operated by Chery Equipment. Throughout the site, the terms “we,” “us,” and “our” refer to Chery Equipment. Chery Equipment offers this website, including all information, tools, products, equipment, parts, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website, requesting a quote, submitting an inquiry, placing an order, or purchasing any product or service from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions, policies, quotations, invoices, sales agreements, warranty terms, and other documents referenced herein or provided in connection with your purchase.

These Terms apply to all users of the site, including browsers, customers, purchasers, businesses, dealers, vendors, and other users.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree with these Terms, you should not access the website or use our Services.

We reserve the right to update or modify these Terms at any time by posting changes to this website. Your continued use of the website following any changes constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer products and services online.

SECTION 1 – ONLINE STORE TERMS

By using this website, you represent that you are at least the age of majority in your state or jurisdiction of residence and have the legal authority to enter into transactions with us.

You may not use our website, products, equipment, parts, or Services for any illegal or unauthorized purpose.

You must not transmit viruses, malicious code, or other harmful materials through the website.

We reserve the right to refuse or terminate access to our Services if these Terms are violated.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service, cancel an order, or decline a transaction where reasonably necessary, including in cases involving suspected fraud, pricing errors, inventory errors, payment issues, or other circumstances affecting our ability to fulfill an order.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or Service without our prior written permission.

Information submitted through the website may be transmitted across various networks. Payment information is handled through applicable payment processors and security systems.

SECTION 3 – PRODUCT AND EQUIPMENT INFORMATION

We make reasonable efforts to provide accurate product descriptions, specifications, photographs, model information, capacities, dimensions, weights, attachments, features, and other equipment information.

However, specifications and product information may vary by model, configuration, production year, manufacturer updates, optional equipment, or other factors.

Photos displayed on the website may be representative and may not show the exact unit being purchased unless specifically stated.

Customers are responsible for confirming that the equipment, attachments, parts, capacities, dimensions, specifications, and intended applications are suitable for their needs before purchasing.

If a particular specification, dimension, feature, attachment, or compatibility requirement is essential to your purchase, please contact Chery Equipment for confirmation before placing your order.

SECTION 4 – PRICES AND QUOTATIONS

Prices displayed on the website are subject to change without notice.

Website pricing may not include applicable sales tax, shipping, freight, delivery, insurance, installation, assembly, permits, additional attachments, or other charges unless specifically stated.

Formal quotations provided by Chery Equipment may contain additional terms, expiration dates, payment requirements, deposits, freight charges, or other conditions.

In the event of a discrepancy between website information and a written quotation, invoice, sales agreement, or other transaction-specific document issued by Chery Equipment, the transaction-specific document will control to the extent of the discrepancy.

We reserve the right to correct pricing errors and other inaccuracies.

SECTION 5 – ORDERS AND PAYMENT

All orders are subject to acceptance and availability.

Submission of an order through the website does not necessarily constitute final acceptance of the order. We may contact you to verify product availability, shipping arrangements, payment information, equipment configuration, or other order details.

Customers agree to provide complete and accurate billing, shipping, contact, and payment information.

Certain equipment or special-order products may require a deposit before an order is processed. Deposit requirements and refundability will be stated in the applicable quotation, invoice, sales agreement, or order documentation.

Orders may be delayed or canceled if payment cannot be verified or if required information is incomplete.

SECTION 6 – SHIPPING, FREIGHT AND DELIVERY

Shipping and delivery dates are estimates unless expressly guaranteed in writing.

Delivery times may be affected by carrier availability, manufacturer schedules, customs, weather, transportation conditions, supply chain delays, or other circumstances outside our reasonable control.

Unless otherwise stated in writing, customers are responsible for ensuring that the delivery location is accessible and suitable for the equipment being delivered.

Additional charges resulting from restricted access, redelivery, waiting time, special unloading requirements, incorrect delivery information, or other customer-related circumstances may be the responsibility of the customer.

Risk of loss and responsibility for equipment during transportation will be determined by the applicable sales agreement, invoice, shipping arrangement, or other transaction documentation.

SECTION 7 – RETURNS, CANCELLATIONS AND REFUNDS

Returns, cancellations, exchanges, and refunds are governed by our applicable Return and Refund Policy and any terms stated on the applicable quotation, invoice, sales agreement, or order documentation.

Certain equipment, used equipment, special-order products, customized equipment, electrical components, installed parts, or specially sourced parts may be non-returnable or subject to additional restrictions.

Shipping, freight, handling, installation, and related costs may be non-refundable unless otherwise required by law or agreed to in writing.

Customers should review all applicable return and cancellation terms before placing an order.

SECTION 8 – WARRANTY

Warranty coverage varies depending on the product, manufacturer, equipment condition, and transaction.

Any applicable warranty will be governed by the warranty terms provided with the equipment or stated in the applicable quotation, invoice, sales agreement, product documentation, or warranty policy.

Unless expressly stated otherwise in writing, routine maintenance items, normal wear and tear, consumable parts, misuse, abuse, accidents, unauthorized modifications, improper maintenance, and damage resulting from improper operation are not covered.

Customers are responsible for operating and maintaining equipment in accordance with manufacturer instructions and applicable safety requirements.

Warranty service may require documentation, photographs, videos, serial numbers, maintenance records, diagnostic information, or inspection before a claim can be approved.

SECTION 9 – USED EQUIPMENT

Used equipment may show signs of prior use, wear, cosmetic damage, repairs, or other conditions consistent with its age and operating history.

Hours, condition descriptions, photographs, inspection information, and other details are provided in good faith based on information reasonably available to us.

Unless a specific written warranty is provided, used equipment may be sold AS IS, subject to applicable law and the terms stated in the applicable quotation, invoice, sales agreement, or listing.

Customers are encouraged to inspect used equipment or request additional information before purchase.

SECTION 10 – PARTS AND COMPATIBILITY

Customers are responsible for providing accurate equipment information when ordering replacement parts, including the manufacturer, model number, serial number, and other information requested by Chery Equipment.

Parts that appear similar may not necessarily be interchangeable.

We will make reasonable efforts to assist customers with identifying appropriate parts, but customers should verify compatibility before installation.

Installed, used, damaged, modified, special-order, or electrical parts may not be eligible for return except as otherwise stated in our Return and Refund Policy or required by law.

SECTION 11 – EQUIPMENT OPERATION AND SAFETY

Construction equipment, forklifts, material handling equipment, attachments, and related machinery may present serious safety risks if improperly operated, maintained, transported, or repaired.

Customers are responsible for ensuring that equipment is operated only by appropriately trained and authorized personnel and in accordance with manufacturer instructions, applicable laws, workplace safety requirements, and industry standards.

Chery Equipment is not responsible for injuries, property damage, equipment damage, or other losses resulting from misuse, improper operation, unauthorized modification, inadequate maintenance, improper repairs, or failure to follow applicable safety requirements, except to the extent liability cannot legally be excluded.

SECTION 12 – THIRD-PARTY PRODUCTS AND SERVICES

Certain products, components, transportation services, financing services, payment processing services, or other services may be provided by third parties.

We are not responsible for third-party websites, services, policies, or content except as required by applicable law.

Customers should review the applicable terms and policies of third-party providers before using their services.

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy.

By using our website, you acknowledge that information may be processed as described in that policy.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, prices, availability, shipping charges, delivery times, promotions, or other information.

We reserve the right to correct errors, update information, or cancel orders affected by material inaccuracies, subject to applicable law.

We are not obligated to update every piece of website information immediately after a manufacturer or supplier changes a product or specification.

SECTION 15 – PROHIBITED USES

You may not use this website or its content:

(a) for unlawful purposes;
(b) to violate applicable laws or regulations;
(c) to infringe intellectual property rights;
(d) to submit false, fraudulent, or misleading information;
(e) to transmit malicious software or harmful code;
(f) to collect information about others unlawfully;
(g) to spam, scrape, crawl, or interfere with the operation of the website; or
(h) to circumvent website security or payment systems.

We reserve the right to restrict or terminate access for violations of these requirements.

SECTION 16 – DISCLAIMER OF WARRANTIES

Except for warranties expressly provided in writing and to the fullest extent permitted by applicable law, the website and Services are provided on an “AS IS” and “AS AVAILABLE” basis.

We do not guarantee that the website will always be uninterrupted, error-free, or available.

Product warranties, if applicable, are limited to the specific written warranty provided with the product or transaction.

Nothing in these Terms excludes warranties, rights, or remedies that cannot legally be excluded under applicable law.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Chery Equipment and its officers, employees, affiliates, agents, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, loss of business, loss of use, or similar losses arising from use of the website, Services, products, equipment, or parts.

Where applicable law does not permit certain exclusions or limitations of liability, our liability will be limited only to the maximum extent permitted by law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify and hold harmless Chery Equipment and its affiliates, officers, employees, agents, contractors, suppliers, and service providers from claims, damages, liabilities, and reasonable costs arising from your violation of these Terms, violation of applicable law, or misuse of our website, products, equipment, or Services, to the extent permitted by law.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain valid and enforceable.

SECTION 20 – TERMINATION

These Terms remain effective unless terminated by you or us.

We may suspend or terminate access to the website or Services if we reasonably determine that you have violated these Terms.

Any obligations or liabilities incurred before termination will survive termination where applicable.

SECTION 21 – ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, Warranty Policy, and any applicable quotations, invoices, sales agreements, or other transaction-specific documents, constitute the agreement governing your use of our website and applicable transactions with us.

In the event of a conflict, transaction-specific written terms may supersede these general Terms to the extent expressly stated.

SECTION 22 – GOVERNING LAW

These Terms and any transactions or agreements relating to our Services will be governed by and construed in accordance with applicable laws of the United States and the State of New York, without regard to conflict-of-law principles, except where otherwise required by applicable law.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We reserve the right to update, modify, or replace these Terms by posting an updated version on our website.

It is your responsibility to review these Terms periodically. Continued use of the website after changes are posted constitutes acceptance of the revised Terms.

SECTION 24 – CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Chery Equipment
Website: cheryequipment.com
Email: info@cheryindustrial.com