The items described in this document and other documents or descriptions provided by Bezares USA, Ltd. are hereby offered for sale by Bezares USA, Ltd. These terms and its acceptance by any customer shall be governed by all of the following Terms and Conditions. Customer’s order for any such items, when communicated to Bezares USA, Ltd. verbally or in writing, shall constitute acceptance of these terms. Bezares USA reserves the right to revise these policies at any time.
- Terms and Conditions
Customer’s acceptance of any offer to sale is limited to these terms and conditions. Customer accepts warranty terms policy once product(s) are purchased. All goods not returned under these conditions will automatically be rejected. Bezares USA, Ltd. accepts no warranty for any non-direct purchase or particular purpose, or the results to be obtained for their use by its distributors, purchasers, or others.
- Freight & Delivery
Bezares will offer prepaid freight on qualifying orders totaling $6000 or greater. These must be single release shipments, not scheduled partial releases. Other restrictions may apply. To qualify for prepaid freight, orders must include a minimum of 70% non-hydraulic tank product. Telescopic cylinders will not be included as qualifying product for prepaid freight. Orders that qualify for prepaid freight will be shipped by carriers of Bezares USA’s choice.
Bezares USA, Ltd. holds responsibility for any product shipped from any Bezares USA, Ltd. subsidiary until the shipment is received and signed for by the customer (this condition does not apply if shipped according to customer’s preferred carrier). Bezares USA, Ltd. does not hold any responsibility for returned product(s) until a Bezares USA, Ltd. employee receives and signs for shipment (Bezares USA, Ltd. holds no responsibility for any shipping inconveniences such as lost or damage in transit).
- Order Modifications and Cancellations
Orders that are cancelled or modified after more than one day from entry into our order system can be subject to a $75.00 fee.
- Special Orders
Orders for all non-stock items in Bezares USA, Ltd. that must be shipped direct from factory, regardless of value of order, will be under prepaid and add terms. This includes all Air/Ocean freight charges and customs and duty. Special order returns/cancellations are subject to a 75% restock fee. Freight charges on Special Orders are Nonrefundable.
- Force Majeure
Bezares USA, Ltd. shall not be liable for failure to perform, nor be deemed to be in default under this agreement for any delay or failure in performance resulting from causes beyond its reasonable control including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.
- Governing Law
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the United states of America without regard to the jurisdiction in which any action or special proceeding may be instituted.
The customer agrees to indemnify and hold harmless Bezares USA, Ltd, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of Bezares USA, Ltd, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
In witness where of the parties have executed this agreement on the date set forth first above with full knowledge of its content and significance and intending to the legally bound by the terms hereof.
Products manufactured by Bezares are warranted to be free of defects in materials and workmanship for a period of twelve months from date of installation if proper documentation is provided, otherwise twelve months from invoice date shall apply.
If requested by Bezares USA, Ltd., products or parts for which a warranty claim is made are to be returned transportation prepaid to Bezares USA, Ltd. Any product to be returned or claimed to be defective must be held for shipping instructions to Bezares USA, Ltd.
Bezares USA, Ltd. will not be responsible in the case of wrong assembly of their units by another party, in the case of damage generated by external causes, in the case of overload, inadequate lubrication, or other problems related with a wrong assembly on a gearbox from pre-owned trucks.
Any installation or use not in accordance with catalogue or package instructions, other improper use, operation beyond capacity, substitution of parts not approved by Bezares USA, Ltd., use with equipment other than the equipment on which the product is first installed, or alteration, or repair made to the product other than Bezares USA, Ltd. shall void this warranty. No Bezares USA, Ltd. representative is authorized to change this warranty without written approval from management.
Before returning any item, the customer or its respective salesmen must complete a Customer RMA Form and submit it to Bezares USA, Ltd.’s Warranty/Return department to have an RMA # assigned in order to be considered for warranty evaluation.
- Limitation of Remedy
Bezares USA, Ltd. agrees to repair, credit, or replace the product which has been proven to be defective in material or workmanship within the time period listed above.
All merchandise credits will be on account, and must be used within a 12 month period from date of issue, otherwise credit will be forfeited – No cash refunds are permitted), Bezares USA, Ltd. must be informed prior to any product repair that will be made at any location other than Bezares USA, Ltd. Bezares USA, Ltd. will only authorize a company to proceed with the repair after receiving and approving a repair quotation, or will inform the insurance company to cover the responsibility, otherwise, Bezares USA, Ltd. will decline any responsibility for any cost involved in such repair. Bezares USA, Ltd.‘s obligation under this warranty shall not include any transportation charges or costs of installation or any liability for direct, indirect, special, incidental, or consequential damages or delay.
- Annual stock returns are limited to 2.5% of previous years purchases and will require a 1:1 offsetting order.
- A minimum restocking fee of 15% will apply for all returns.
- A 30% restocking fee will apply for all returns after two years from original purchase, and a 50% restocking fee will apply for all returns from third year of purchase.
- No returns will be accepted after three years from original purchase. All OE (original equipment) parts must be returned, and any missing parts will be deducted from possible credit accordingly.
- Returned products must be listed in Bezares USA, Ltd.’s current price sheet, be in saleable condition, and must be returned within one year of becoming obsolete. Before returning any item, the customer or its respective salesmen must complete a Customer RMA Form and submit it to Bezares USA, Ltd.’s Warranty/Return department to have an RMA # assigned.