Terms and Conditions
- Statement of Disclaimer:
- If applicable, the factory warranty constitutes all of the warranties with respect to the sale of these item(s). THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THESE ITEMS.
- We hereby certify that these goods were produced in compliance with the fair labor standards act, as amended. We will not accept for exchange or credit goods returned without our written consent. Transportation charges on all returned goods must be prepaid, goods accepted for credit or exchange is subject to a service and handling charge of fifteen percent (15%). All prices subject to change without notice. All goods are shipped at Buyer’s Risk.
- Invoice Subject to Terms of Sale:
- This invoice is subject to all of the terms, provisions, conditions, and limitations of the parts order, lease agreement, sales order, or rental contract concerning the goods, services, or equipment sold or leases as described therein. All payment terms and other provisions are also subject to an standing credit application with Southeastern Equipment Company Inc. (Southeastern), as reviewed and amended by Southeastern from time to time.
- Parts Return Policy:
- Equipment manuals, electrical parts, special order parts, used parts, and discontinued parts are non-returnable.
- All parts and parts kits must be in new and unused condition. Parts must also be unaltered and have original packaging.
- Fluids, greases, and paints are returnable in unopened containers and unused condition.
- Parts sold in package quantities are only returnable in the same quantities.
- If a return is processed within 30 days of the purchase date, a full credit will be returned to the original form of payment, less shipping costs. A 31 day to 89 day return will be subject to a 20% restocking fee. Items are not eligible to return after 90 days.
- If we cannot find the sale or verify the part number, a receipt or copy of invoice will be required. All cash and check purchases will be refunded by a company issued check and may take up to 10 days to process. Credit card purchases will be refunded back to the original credit card. If we cannot reasonably determine if a product was opened or used, it will be considered opened and non-returnable. This policy does not apply to machinery and attachments — please see the sales order for terms and conditions. Nothing in this policy shall be applied to rentals, labor, fees, or other services and those items may not be refunded. See southeasternequip.com for updated terms and conditions.
- Inaccurate Information:
- Southeastern is not responsible for inaccurate product pictures, models, descriptions, information, or specifications.
- Returned Checks:
- Any customer with a returned checks for insufficient funds (NSF) will incur a charge of fifty dollars ($50.00) for each occurrence. Returned checks may also be pursued through appropriate criminal and civil legal action.
- Payment Terms:
- All invoices are due upon receipt, unless a buyer has a credit agreement with Southeastern that has not been revoked and customer has not been put on cash on demand (COD).
- Southeastern within fifteen(15) days of receipt or the invoice(s) will be deemed correct and undisputed. Payment can be made by cash, credit card, or check. If mailing payment, please remit payment to Southeastern Equipment Co., Inc, PO BOX 536, Cambridge, Ohio 43725.
- All delinquent accounts will be charged 1.5% per month (18% per annum) or the maximum amount permitted by law, whichever is less, on all balances past due.
- Choice of Law and Arbitration:
- Any dispute and interpretation of this invoice shall be governed by the laws of the State of Ohio. Customer agrees to resolve any dispute related to this invoice or goods contained therein by binding arbitration, unless stated otherwise in sales order, rental agreement, lease agreement or credit application.
Rental Terms and Conditions
- Must carry contractor’s insurance or limited liability insurance to cover the rental machine.
- Rental terms are as follows:
- One Day = (24) Twenty-Four Hours or 8 working hours, whichever comes first.
- One Week = (7) Seven days or 40 working hours, whichever comes first.
- One Month = (28) Twenty-eight days or 176 working hours, whichever comes first.
- All rates to be paid in advance.
- Freight charges to be paid in advance.
- Cleanup charges will be assessed upon return of dirty equipment.
- Premium rates required for severe applications.
- Usage beyond set time frames are subject to prorated increases up to triple the rental rate.
- Lessee shall be responsible for and pay the cost of all necessary repairs, maintenance, and parts needed to repair any machines for damages that occur during any lease.
- Some equipment may not be available for short term rental.
- Customer is responsible for normal daily maintenance.
- Customer is responsible for safe operation of machines and for providing qualified operators.
- Customer to provide at customer’s expense insurance against loss to unit due to perils as defined in all contractor’s equipment insurance.
- Fuel charges will apply for fuel used, fuel charges will vary.
- Rental rates subject to change without prior notice.
Loss Damange Waiver
When renting equipment, you are responsible for any damage that occurs to the unit during the rental period. Most brands of new and used construction equipment rented through Southeastern Equipment are eligible for Loss Damage Waiver, which helps protect rented equipment against most causes of direct loss or damage during the period of an equipment rental contract. Covered perils include, but are not limited to: collision, overturns, earthquake, theft, fire, tornado, flood, vandalism, hail, and wind. Note: Ingestion of foreign objects is not a covered peril. Note: Loss Damage Waiver does not cover personal injuries resulting from the machine. It only covers the machine itself.
Parts and products may be available online and sold through our website. Those items sold online are subject to availability and may be on back order or out of stock without notice. Southeastern will attempt to fill all orders, but some orders may need to be modified or canceled because of availability. Southeastern reserves the right to modify an order for like products or cancel an order if Southeastern cannot properly fill the order placed. If Southeastern modifies an order and the price of said order is greater, Southeastern will notify the customer prior to shipping the product for their approval.
If in the event the site is not communicating with our servers, the website may not properly charge the customer tax or other fees associated with the order. In that case, Southeastern reserves the right to amend the order and require additional payment for charges not properly charged. The customer may cancel the order without recourse if this occurs.
Shipping estimates and pickup estimates are only estimated and may vary greatly depending on order volume and lead times from manufacturers. If you need a part immediately, please call us at 800-798-5438 and we will be happy to expedite any order. Southeastern is not liable for incorrect parts ordered by the customer or shipping charges associated with ordering incorrect parts. If the customer requires assistance in selecting the correct part, he/she should contact Southeastern.
Southeastern Promise Terms and Conditions
The Southeastern Promise (“SP”) is our unique support package which provides the purchaser of certain new machines with complimentary mileage and travel time costs for base warranty warrantable repairs within the Southeastern AOR territory. It also provides up to thirty (30) days of complimentary loaner unit (subject to machine availability) for customers experiencing major warrantable failures during the first 250 hours of operation or first 12 months of ownership, whichever occurs first. See below for complete details.
The SP comes standard on new machines that are sold pursuant to a Sales Order which includes the SP designation (“Qualifying Machines”). Machines sold without this designation will not qualify. See your dealer for eligibility information.
The SP coverage shall only be in effect for the period during which a Qualifying Machine is covered by the applicable manufacturer’s base factory warranty (“Base Warranty”) and shall expire on the same terms. For purposes of the SP program, Case ProCare coverage shall be considered a Base Warranty. The SP coverage shall not extend to periods during which a Qualifying Machine is covered by an extended warranty, preventative maintenance contract, or any warranty or coverage beyond the applicable Base Warranty.
Mileage Coverage for Warrantable Repairs
The SP includes complimentary mileage and travel time costs (“Mileage Coverage”) to and from the Qualifying Machine for repairs covered by the applicable Base Warranty (“Warrantable Repairs”), provided the Qualifying Machine is physically within the Southeastern AOR (defined below).
Mileage Coverage Exceptions
Notwithstanding the above, the following events are not eligible for Mileage Coverage as part of the SP:
- Repairs due to damage by customer or by improper use.
- Wear part replacements not associated with a warrantable failure.
- Repairs or maintenance performed under an extended warranty or preventative maintenance contract.
- Repairs to machines physically located outside of the Southeastern AOR.
- Mileage and/or travel time incurred due to: (i) Southeastern’s inability to access the machine at the agreed upon time or place; or (ii) customer’s refusal to permit Southeastern to conduct the work at the agreed upon time or place.
- Any other repairs that are, in Southeastern’s sole discretion, not a Warrantable Repair covered by a permitted Base Warranty.
The foregoing exceptions are subject to our sole discretion, and their applicability may not become apparent or known to Southeastern prior to the physical inspection of the machine at issue. If, upon our observation or investigation: (i) any of the above exceptions apply, or (ii) the repair is deemed not to be a Warrantable Repair, after Southeastern has already incurred mileage and travel costs, the customer shall be charged pursuant to the standard fees in place at the time of the event.
In all instances, Southeastern reserves the right to determine in its sole and complete discretion if a field repair or shop repair is appropriate and to request that the customer bring the machine to the nearest Southeastern location, even if the machine is a Qualifying Machine and an exception does not apply.
For the avoidance of any doubt, the Mileage Coverage also includes travel for Case ProCare maintenance programs. We will strive to perform ProCare work on dates and times requested by the customer; however, Southeastern reserves the right to schedule ProCare maintenance visits at Southeastern’s discretion.
Shop Delivery and Pickup Coverage
If, upon observation or inspection, Southeastern determines that the Warrantable Repair cannot be completed in the field, Southeastern, at its expense, will truck the Qualifying Machine to and from customer’s location and the nearest Southeastern location to conduct the Warrantable Repair, provided the customer makes the Qualifying Machine readily available and confirms its location within the Southeastern AOR.
Machine Down Loaners
Subject to availability, customers with a Qualifying Machine located within the Southeastern AOR will receive, for up to thirty (30) calendar days, a complimentary loaner unit for any Warrantable Repair that will require, in Southeastern’s discretion, more than 48 hours to complete after the initial diagnosis and occurring within the first 250 machine hours or 12 months of ownership (whichever happens first). Southeastern will use its best efforts to provide a loaner unit of similar type and function, however, it may have different operating capabilities than the Qualifying Machine. Provision of the complimentary loaner unit is contingent upon customer’s agreement to and compliance with any and all rental terms and conditions provided by Southeastern in connection with the unit.
The complimentary loaner unit is limited to a maximum thirty (30) calendar day period. After the complimentary period ends, the loaner unit automatically becomes a rental at 50% card rate, unless the customer returns to loaner unit to Southeastern prior to the expiration of the complimentary period.
If the Qualifying Machine is fully repaired and returned to the customer within the complimentary period, the customer shall have 5 days to return the loaner unit to Southeastern, even if time remains in the complimentary period. If the customer does not return the loaner unit within the required time period, the loaner unit will automatically become a rental to be charged at Southeastern’s standard rate. Such rental charges shall continue to accrue until the loaner unit is returned.
The customer is solely responsible for the provision of and costs related to trucking any a loaner unit, but Southeastern will make all reasonable efforts to mitigate the cost of the loaner trucking, to the extent possible.
Southeastern AOR Territory
The Southeastern AOR includes the listed territory:
Ohio – Entire State
Indiana – Entire State
Kentucky – the following counties: (Western) Boone, Kenton, Campbell, Trimble, Carroll, Gallatin, Henry, Owen, Grant, Pendleton, Bracken, Robertson, Fleming, (Eastern) Lewis, Greenup, Carter, Boyd
Pennsylvania – the following counties: Crawford, Erie, Mercer, Lawrence, Beaver, Allegheny, Washington, Greene
Michigan – the following counties: Branch, Hillsdale, Lenawee, Monroe, Wayne, Washenaw, Jackson, Calhoun, Meaton, Ingham, Livingston, Oakland, Macob, St. Clair, Lapeer, Genesse, Shawassee, Clinton, Grafton, Saginaw, Bay, Tuscola, Sanilac, Huron, Bay, Midland
West Virginia- the following counties: Hancock, Brooke, Ohio, Marshall, Wetzel, Monongalia, Preston, Taylor, Marion, Tyler, Doddridge, Harrison, Lewis, Pleasant, Wood, Ritchie, Gilmer, Braxton, Clay, Calhoun, Wirt, Jackson, Roane, Kanawha, Putnam, Mason, Cabell, Lincoln, Boone, Logan, Mingo, Wayne
Machines physically located outside of the Southeastern AOR territory will not be considered a Qualifying Machine and will not be eligible for Mileage Coverage or any other offerings provided as part of the SP.
Changes to the SP
We reserve the right to make changes and updates to the SP offerings from time to time, in our sole discretion. Any changes to these terms will be provided to you via written notice or otherwise made available through our website.