Effective Immediately for All Business Transactions
1. Parties & Scope
This agreement ("Terms") between:
- Seller: Wuhu Mountaineeing Construction Machinery Co., Ltd.
Room 509, Conch Complex Building, Wuhu City, Anhui Province, China
- Buyer: Business entity purchasing heavy equipment ("Buyer")
Governs all sales of used construction machinery, excavators, and related products ("Equipment") via B2B transactions.
2. Equipment Specifications
- Condition: All Equipment is pre-owned unless marked "remanufactured"
- Verification:
- Serial numbers and 300-point inspection reports provided pre-sale
- Buyers may request on-site inspection in Wuhu (72hr notice required)
3. Ordering & Payment
| Process |
Terms |
| Purchase Orders |
Binding only after Seller's written confirmation |
| Pricing |
USD/CIF [Buyer's Port] Excluding import duties & local taxes |
| Payment Structure |
50% deposit (order confirmation) + 50% (pre-shipment) |
| Accepted Methods |
T/T, L/C (Swift copy required within 24hrs) |
| Late Payments |
1.5% monthly interest + shipment holds |
4. Shipping & Risk Transfer
- Delivery: FOB Shanghai Port within 45 days of payment clearance
- Risk Transfer: Buyer assumes all risk upon Equipment loading at port
- Customs Documentation: Seller provides:
- Commercial invoice
- Bill of lading
- Equipment inspection certificates
Import licenses/customs clearance: Buyer's responsibility
5. Warranty Coverage
Limited Warranty for Used Equipment:
Component │ Coverage Period │ Exclusions
Engine/Hydraulics│90 days post-ship │ Fluids/filters failure
Undercarriage │ 30 operating days │ Rocky terrain damage
Claim Process:
- Notify Seller within 72hrs of defect discovery
- Provide: Video evidence + diagnostic reports
- Seller may: Repair, replace parts, or refund prorated value
6. Liability Limitations
- Maximum Liability: 110% of Equipment purchase price
- Excluded Damages:
- Lost profits or project delays
- Post-delivery modifications
- Operator-caused damage
7. Dispute Resolution
Mandatory Steps:
- Mediation via Anhui Commerce Bureau (30-day period)
- Unresolved disputes: Arbitration by CIETAC Shanghai (English proceedings)
8. Force Majeure
Non-liability for delays/cancellations due to:
- Chinese export controls
- Global shipping embargoes
- Raw material shortages (>60 days duration)
9. Governing Law
These Terms are construed under:
- United Nations Convention on Contracts for International Trade (CISG)
- Commercial Laws of Anhui Province
10. Contact for Clarifications
Legal & Contract Department:
- Frida Yu: sales-01@richreach.cn | +86 193 5538 5977
- Amin: amin@richreach.cn | +86 183 6539 6999
Response guaranteed within 2 business days
