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Buyer’s Terms and Conditions
FOB & transport fees
All purchases are FOB at the preexisting location(s) of the items included in the purchase agreement. Buyer assumes all responsibility and liability for shipping and all related costs, which may include but is not limited to disassembly, packaging, crate preparation, loading, transport, warehouse fees, unloading, forklift rental, and handling.
Buyer understands and agrees that not all of these costs are knowable until after the fact, and accepts all responsibility for these costs as they become known.
Buyer may choose to have Lucky Equipment manage shipping on its behalf, or alternatively, it may handle shipping arrangements on its own. Lucky Equipment has extensive experience in shipping and handling of exhibit booths, and is often able to acquire these services at significant discounts for its buyers. Lucky Equipment is willing to provide quotes for these services at no cost or obligation to Buyer.
Lucky Equipment inspects many of the equipment units and other items listed on its website, however, it must rely on the veracity and assertions of the sellers and their agents in many cases. In the event of any inaccurate information in a listing, Lucky Equipment shall endeavor in good faith to provide an equitable remedy to Buyer’s satisfaction.
Buyer agrees that all shipping costs are part of its pre-purchase personal inspection of the subject items, in lieu of a personal onsite inspection, and undertaken at its sole responsibility as non-refundable due diligence. Buyer agrees to inspect purchased items and notify Lucky Equipment of any damage, missing parts, or other problems within ten business days of delivery. Valid notice must be via email to firstname.lastname@example.org, should include digital photos of subject damage, and must have Lucky Equipment’s email reply acknowledgement. Notices received after ten days will not be considered.
Upon timely receipt of notification, Lucky Equipment will investigate the problem, identify possible solutions, and suggest remedies to Buyer. Such remedies may include:
- Parts, cases, or crates, etc. inadvertently left behind at warehouse or originating location may be delivered to Buyer at no additional cost
- Missing non-essential parts may be replaced with comparable replacement parts, at no additional cost to Buyer
- At its sole discretion, Lucky Equipment may offer or negotiate a monetary adjustment in favor of Buyer, based upon a pro-rata value of the booth in its entirety, and the fair market value of equivalent pre-owned parts. For example: if a unit costing $50,000 new sells used $7,500 and is missing 10% of non-essential parts, Lucky Equipment may offer a prorated adjustment of $750.
The three-part process of investigation, recommendation, and remediation typically takes at least thirty (30) days to complete, and may take much longer in some cases.
Buyer’s use of equipment or any of its components in any public venue, or in their warehouse certifies complete and unqualified acceptance of purchase, and relinquishes any right for inspection, claim, remedy, or return.
Buyer must have a Return Materials Authorization (RMA) from Lucky Equipment, and accepts all responsibility for all shipping costs, for all returns, for any reason. Lucky Equipment will issue its RMA via email.
Lucky Equipment will treat any merchandise, equipment, or item(s) returned without RMA to be a relisting, new listing, or purchase for resale; or may refuse delivery entirely at its sole discretion, and may be subject to fees and charges subject to Lucky Equipment’s Seller’s Terms and Conditions.
Lucky Equipment may, at its sole discretion, begin charging storage fees for all components not picked up within seven calendar days from date of purchase, unless otherwise specified on invoice.
Mediation and Arbitration
The parties will resolve all disputes arising under this agreement first by mediation, and then, if mediation fails, by arbitration under the rules of the American Arbitration Association. Arbitration shall take place in Eagle, Idaho, unless the parties unanimously agree on a different location. The arbitrator's decision shall be final and binding on all parties. Non-payments of merchandise may be disputed in small claims court, or turned over to a collection agency.
Successors and Assigns
This Agreement shall be binding on the parties, and on their parent companies, successors, and assigns, without regard to whether any instrument of succession or assignment expressly acknowledges such binding.
Purchaser agrees to indemnify Lucky Equipment against all losses, damages, claims, expenses, and attorneys’ fees incurred or suffered by Lucky Equipment because of any breach of this Agreement by Purchaser or its Representatives.
The laws of the State of Idaho, within the laws of the United States of America shall govern the terms, validity, interpretation, and performance of this Agreement. Purchaser consents to the exclusive jurisdiction of the state courts and the U.S. federal courts located there for any dispute arising out of this agreement.
Lucky may obtain, in addition to any other available legal remedies, such equitable relief as may be necessary to protect itself from any breach or threatened breach of confidentiality or exclusivity.
All notices with regard to this Agreement shall be printable and signed, and then sent to the last known addresses of the respective Parties via:
(a) U.S. certified mail, return receipt requested, or;
(b) Hand delivered to the respective Parties by official service, or;
(c) Imprinted with electronic signature, and electronically emailed to the respective parties, return receipt requested.
This Agreement supersedes all prior discussions, understandings, representations, and agreements on the subject matter thereof, whether written or oral. Only a further writing, duly executed by authorized representatives of both Parties, may modify or amend this Agreement.
If a court of competent jurisdiction holds any term or terms of this Agreement to be invalid or unenforceable, then this Agreement, including all of the remaining terms will remain in full force and effect as if such invalid or unenforceable term had never been included.
No Implied Waiver
Lucky Equipment's failure to insist or enforce in any one or more instances upon strict performance by Purchaser of any of the terms of this Agreement shall not constitute a waiver of, or affect its right to avail itself of, such remedies as it may have for any subsequent breach of the terms of this Agreement.
The parties shall construe the headings contained in this Agreement as provided for convenience only and shall not use them to construe meaning or intent.