These Terms & Conditions (“Terms”) apply to your access to, and your use of, the AJAY EQUIPMENT CORP website and its services, and constitute a binding contract between you (“Customer”) and AJAY EQUIPMENT CORP (“Company,” “we,” “us”). By ordering, requesting, and/or using this website, you are agreeing to be bound by the Terms.
YOUR ACCOUNT: If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.
These Terms govern all requests, quotations, orders, and shipments between AJAY EQUIPMENT CORP and you for tractors, heavy equipment, modifications, and ancillary logistics.
All changes or modifications shall be made and be binding only upon the written consent of AJAY EQUIPMENT CORP.
All quotes are valid for 30 days, unless written exceptions are made.
An order is considered accepted when the Customer provides a signed order form or purchase agreement and has begun payment.
All prices quoted do not include postage and packing, taxes, customs, duty, or other charges, unless stated.
Payment Methods: Wire Transfer; Cashier’s Check Only.
Full payment is required prior to shipment. Orders are not shipped until payment is confirmed.
For all wire transfers, you are responsible for all bank charges. Please indicate the invoice number of the transaction.
Partial or late payments are not sufficient to delay order processing or cancel the order.
Delivery times will fluctuate depending on the availability of the tractor/equipment and customization, as per our Shipping & Delivery Policy.
The Customer is responsible for ensuring accessibility for the delivery vehicle and crew on-site.
If delivery cannot take place due to access issues, additional charges will apply for re-delivery.
The Client is to inspect the gear upon delivery and report any utilization issues within 24 hours.
By taking possession of the equipment, you accept the equipment as delivered via execution of the delivery receipt.
All disputes are handled according to the Returns & Refund Policy.
Title and risk of loss or damage shall pass to the Customer when equipment is removed from our premises.
Title to the equipment shall remain with Yacht Racing Pty Ltd until full payment is received from the Customer.
Transit insurance is not included and must be arranged by the Customer, unless stipulated in writing.
AJAY EQUIPMENT CORP guarantees that tractors and equipment are in standard condition and specifications as advertised.
Equipment is sold “AS-IS” unless a written warranty is specified otherwise.
To the maximum extent permitted by law, we disclaim all implied warranties (including, but not limited to, implied warranties of merchantability and fitness for a particular purpose).
AJAY EQUIPMENT CORP’s liability for any and all claims based on these Terms is limited to the actual purchase price paid for the equipment(s) at issue.
We are not responsible for lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
All damage claims must be made in writing within 7 days of delivery.
All sales are non-refundable once payment has been confirmed and equipment has been shipped.
Cancellations: If the order has not been processed, cancellations may be considered for a 10% admin fee.
Once a custom or altered product has been put into production, it may not be canceled.
All contents of the website are Copyright 2021 AJAY EQUIPMENT CORP. All rights reserved, or used by AJAY EQUIPMENT CORP with permission.
Prohibited to use, copy, and/or transmit without permission.
All non-public business information (including sales and pricing material) disclosed between either party shall be considered confidential and shall not be disclosed to third parties unless necessary by law.
The Customer is solely responsible for obtaining any permits, licenses, or approvals needed to effect the Customer’s use of the equipment or the location to which the equipment is delivered.
All equipment must comply with U.S. and international regulations if applicable.
The Parties irrevocably submit to the exclusive jurisdiction of the state and federal court located in King County, Washington, and agree that any such court is a proper forum for disputes related to these Terms.
All disputes arising from these Terms will be exclusively subject to the jurisdiction of the state and federal courts located in Jefferson County, Washington.
In the event that any provision of these Terms is determined to be unenforceable or invalid, the remaining provisions of these Terms will not be affected or impaired thereby.
Failure or delay in exercising any right will not be deemed a waiver.
These Terms are the entire agreement between us and supersede all prior or contemporaneous discussions, negotiations, agreements, and understandings, whether written or oral.