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Terms & Conditions

These Terms and Conditions govern your use of Upstage Machinery’s services and the purchase of used heavy equipment through our platform. Please read these Terms and Conditions carefully before engaging with our services.

1. Definitions

  • “Upstage Machinery,” “we,” “our,” or “us” refers to Upstage Machinery, acting as a third-party seller of used heavy equipment.
  • “Customer,” “you,” or “your” refers to any individual or entity engaging with our services or purchasing equipment through our platform.
  • “Equipment” refers to the used heavy machinery and construction equipment listed for sale on our platform.
  • “Terms” refers to these Terms and Conditions.

2. Scope of Services

Upstage Machinery acts as a facilitator for the resale of various sizes and brands of construction equipment sourced from major heavy machinery dealers worldwide. We provide a platform for customers to browse and purchase used heavy equipment based on their preferences.

3. Product Descriptions

Product descriptions on our platform will clearly state the presence or absence of part warranties for each equipment listing. If a warranty is not mentioned, it indicates that no part warranty is applicable to that particular product.

4. Refunds

We support refunds, subject to investigation, for valid reasons such as non-delivery of the equipment or errors in the product description. Refunds may take up to 12 weeks from the date of purchase to process. Delays caused by factors such as distance, accidents, inclement weather, or war zones are taken into consideration.

5. Delivery and Shipment

We guarantee delivery of the purchased equipment within the agreed-upon timeframe. Refunds will be issued in cases where the shipment is not delivered to the buyer. However, we are not responsible if the buyer is unavailable on the day of delivery. It is the buyer’s responsibility to be present for shipment inspection upon delivery, typically occurring within 4 to 8 weeks from the transaction date.

6. Disputes

Disputes can only be initiated after the 8-week period following the transaction. Once sales are made on our platform, they are considered final, and refunds will not be provided if buyers change their minds.

7. Product Errors and Breakage

If there is an error in the product description, buyers must report the issue to us for review. If the error is on our end, an exchange may be considered. Buyers are not obligated to accept broken items and must notify us within 12 hours of delivery to address such concerns.

8. Legal Implications

These Terms and Conditions are governed by the laws of [Your Jurisdiction]. Any disputes arising out of or related to these Terms and Conditions shall be resolved through arbitration in accordance with the rules of the [Arbitration Association].

By engaging with our services or purchasing equipment through our platform, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.

Upstage Machinery reserves the right to modify or update these Terms and Conditions at any time without prior notice. It is the responsibility of the buyer to review the Terms and Conditions periodically for any changes.

1. Introduction

  • Brief overview of the terms and conditions document.
  • Explanation of the purpose and scope of the document.
  • Statement indicating that by using the services or purchasing products, users agree to abide by the terms outlined.

2. Definitions

  • Definitions of key terms used throughout the document.

3. Acceptance of Terms

  • Statement indicating that by accessing or using the services, users accept and agree to abide by the terms and conditions outlined.

4. User Accounts

  • Procedures for creating and managing user accounts.
  • User responsibilities regarding account security and confidentiality.
  • Conditions for account suspension or termination.

5. Use of Services

  • Permitted and prohibited uses of the services.
  • Compliance with applicable laws and regulations.
  • Intellectual property rights and restrictions.

6. Purchases and Payments

  • Procedures for purchasing products or services.
  • Pricing, billing, and payment terms.
  • Refund and cancellation policies.
  • Taxes and fees.

7. Delivery and Shipping

  • Shipping and delivery terms and conditions.
  • Responsibilities of the seller and buyer.
  • Shipping restrictions and limitations.

8. Product Information and Warranties

  • Accuracy of product information and descriptions.
  • Warranties and disclaimers related to product quality and performance.
  • Limitations of liability for product defects or damages.

9. Privacy and Data Protection

  • Collection, use, and protection of personal information.
  • Privacy policy and data handling practices.
  • User consent and rights regarding personal data.

10. Intellectual Property

  • Ownership and protection of intellectual property rights.
  • Use of trademarks, logos, and copyrighted materials.
  • Restrictions on copying, distributing, or modifying content.

11. Dispute Resolution

  • Procedures for resolving disputes and conflicts.
  • Arbitration or mediation clauses.
  • Jurisdiction and governing law.

12. Limitation of Liability

  • Disclaimer of warranties and limitations of liability.
  • Indemnification provisions.

13. Modifications and Updates

  • Right to modify or update the terms and conditions.
  • Notification of changes to users.
  • Continued use of services after changes constitute acceptance.

14. Termination

  • Conditions for terminating user accounts or services.
  • Consequences of termination.

15. Miscellaneous

  • Severability clause.
  • Entire agreement clause.
  • Waiver of rights.
  • Contact information for inquiries or support.

16. Effective Date

  • Date the terms and conditions come into effect.
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