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Terms of Sale
1. DefinitionThese Terms and Conditions of Sale apply to all products sold by BETA to any and all buyers.
2. PricesPrices are Ex Works machine location and are subject to change without notice. All sales taxes, duties and port charges, if any, are extra and shall be the responsibility of the purchaser. All equipment stays property of Beta until paid in full. A regional BETA representative has no authority to make any adjustments or additions to these Terms and Conditions of Sale outlined herein.
3. Moving, Rigging, Loading, Packing, Freight Charges & UnloadingAll orders do not include rigging, dismantling, loading, packing, securing, blocking, freight charges, unloading or any type of moving, freight or other charges associated with getting the equipment to the purchaser. If the purchaser requests for BETA to book any of the said services above on his behalf, BETA will have the option to do so, but if BETA does do so, it is only as a courtesy to the purchaser and BETA does not take any responsibility for said services or any damages or additional charges that may be associated with any service. It will be the full responsibility of the purchaser to be present, or to have his assigned agent present, when the equipment is being dismantled, packed, secured and loaded to supervise and to make sure that the work is performed and the shipment is transported and arrives to his satisfaction. A lack of an assigned agent or representative, will not release the purchaser from this responsibility and will not, in any way, shift responsibility onto BETA. All charges associated with preparing and shipping the equipment to the destination will be determined and collected by the various companies that have been assigned to perform the work and/or service. The exception will be if BETA has been specifically requested to book and prepay said work on behalf of the purchaser. However, booking, prepayment on behalf of the purchaser and adding this amount to the invoice does not constitute any indication of assignment of responsibility. It is the ultimate responsibility of the purchaser to make sure all work and the shipment arrives to his satisfaction. Selection of companies to perform the work shall be stated by the purchaser or shall be subject to “any available company”. If left to any available company, BETA shall make effort to have the work performed and the equipment shipped by the most practical and economical way possible. Dismantling, rigging, packing, freight charges and any other services quoted are estimates only, provided for discussion purposes, and are subject to actual final costs. Unloading, installation, hook-up of services, addition of fluids, addition of other sundry items and products in preparation for startup, regulation, setup, adjustment, connection, alterations and/or customization is the responsibility of the purchaser. In addition, it is the responsibility of the purchaser to have sufficient equipment and manpower to off load the shipment. Delay in releasing the driver/port and his trailer/container in a timely fashion may ensure additional charges from the carrier.
4. QuotationsAll equipment and items or products quoted are subject to prior sale. BETA reserves the right to reject any offer to purchase and refund any payment/deposit for any lack of compliance or agreement to these terms and conditions of sale. In addition, BETA reserves the right to withdraw any quotation at any time prior its formal acceptance. Quotations are based on the quantity indicated, an estimate of equipment specifications and complete and/or truckload/container shipments at one time.
5. Purchase OrdersAll purchase orders should be made out directly to BETA and not to any representative of BETA. Once accepted, the orders will be confirmed in writing and signed by BETA. Equipment stays property of BETA until paid in full.
6. Product SpecificationsDue to the nature of used equipment and the fact that accurate detailed specifications of the equipment being sold are sometimes hard or impossible to obtain and/or have been lost by the original owner(s), BETA reserves the right to make modifications to specifications of all equipment being sold as that information is obtained, retrieved and/or found, without advance notice. All sales are subject to additions and deletions. Every effort is made to supply the purchaser with the most up-to-date and accurate technical information of the equipment available for sale. However, again due to the nature of used/second hand equipment, accurate technical information is hard, or at times impossible to find. As such, Beta will not be held responsible for any technical discrepancies or inaccuracies in its advertising, website, offers, quotes, catalogs, specification sheets, brochures, handouts or in any other medium. As well, it is impossible to BETA to be aware of each potential purchaser’s detailed requirements. As such, prior to sending a purchase order, it is highly recommended that the purchaser, or his authorized agent or representative, should inspect each piece of equipment as to fitness and whether it meets his criteria. Each sale will be treated as “Inspected and Approved by the Purchaser” before shipping.
7. Lead TimesAll delivery information provided at time of quotation is “lead time” only. Actual deliveries are subject to conditions prevailing at time of order placement or receipt of approval, release and/or deposit. Delivery time is also subject to the amount of worked required to prepare the equipment for shipping and any subcontractors such as riggers, packing companies and freight forwarders and/or shipping companies and their schedules and/or availability. BETA shall not be held responsible for any delays in shipping or back charges.
8. Damage ClaimsAll items are shipped “as is”. The carriers assume responsibility for both apparent and concealed damages sustained in transit. However, due to the nature of used/second hand equipment, this is at times very difficult to determine. Nevertheless, it is the responsibility of the buyer to inspect and check the equipment upon receipt. Any visible shortages and/or damages, concealed or otherwise, should be noted on the carrier’s PRO bill and a claim should be filed with the carrier in a timely manner. Failure to enter a claim within the prescribed limits of the carrier can possibly nullify any such claim. BETA shall not be responsible in any way for damage or shortages sustained to equipment in transit.
9. Applicable LawAll sales agreements, sales invoices, purchase orders, contracts, agreements and proceedings shall be executed in Canada and governed and construed in accordance with the laws of Canada.
10. WarrantyAll used equipment is sold as is where is without warranty, stated or implied. Due to the nature of used equipment, the condition of the equipment, if stated, is at best an estimate only. No warranties whatsoever are made as to condition, merchantability, completeness or fitness for use of any piece of equipment or item.