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USED EQUIPMENT MARKETPLACE BUYER TERMS AND CONDITIONS

1. INTRODUCTION AND ACCEPTANCE OF TERMS

  • 1.1.
    These terms and conditions, together with any documents incorporated below (collectively, Terms and Conditions or Agreement) are the basis on which Fused Equipment Services Inc. or the contracting entity set out in Section 7.8. below (collectively, Fused Equipment, Our, We, Us) will facilitate Your purchase of used equipment and/or other goods (collectively, the Equipment) on www.fusedequipment.com (this Website). No prior dealings or course or usage of trade shall supplement or explain any terms herein unless consented to by Us in writing.
  • 1.2.
    This Website is primarily designed for use by users who require Equipment. As such, We expect You to have the necessary technical knowledge and competence to determine what Equipment You require. We cannot be held liable for the consequences of the selection, or subsequent use, of any Equipment. We use the terms “You” and “Your” throughout this Agreement to refer to You, in Your capacity as a user of this Website and in some instances, a purchaser of Equipment from this Website.
  • 1.3.
    By making an offer, placing a bid, or purchasing Equipment and checking the space next to accept terms and conditions, You hereby agree to these Terms and Conditions in their entirety and agree that any additional, different, or inconsistent terms and conditions You may have provided to Us shall not be applicable. If You do not agree to these Terms and Conditions, then You may not bid on, or purchase, Equipment from this Website.
  • 1.4.
    If You have any questions about these Terms and Conditions, please contact Us:
  • Location Email Phone
    North America help@fusedequipment.com 1-855-743-7979
    Europe help@fusedequipment.com 0800 028 7778
    South America help@fusedequipment.com (+56) 229 277 000
    Any other region help@fusedequipment.com 1-855-743-7979

2. ACCOUNT

  • 2.1.
    Website Account. You may view Equipment listings without registering for an account but to bid, make an offer on and/or purchase Equipment, You will need to create an account on this Website. You will be required to register with us and set up an account with Your email address and a password or with a third-party single-sign-on (SSO) account (Account). Your username and password will be unique to Your Account. You must treat such information as confidential, and You must not disclose it to any third party. You are solely responsible for all activities that occur under Your Account. We reserve the right to limit, suspend and/or terminate Your access to Your Account at our sole discretion in situations where we suspect You may be in material violation of these Terms and Conditions or other Fused Equipment policies.
  • 2.2.
    Account Features and Limitations. Your Account grants You access to such services and features that we may establish and maintain on the Website at our sole discretion. Notwithstanding the foregoing or anything else contained in these Terms and Conditions, You do not own Your Account and You acknowledge and agree that we hold absolute authority to manage control, modify, and delete any data stored by Us or on our behalf on our servers (including those of our third-party hosting providers) and that we will bear no liability or responsibility to You for exercising any such rights.
  • 2.3.
    Communications From Us. By registering for Your Account and opting in to receiving email communications from Us, You acknowledge and consent to receiving occasional Website-related notifications. Moreover, and to the extent permitted by applicable laws, we may send You emails to follow up on Your expressed interest in specific Equipment listed on the Website and inform You about alternative options that could potentially fulfill Your requirements. If You change Your mind and do not want to receive such optional email messages from Us, You may change Your preferences in Your settings page.

3. TRANSACTIONS ON THE WEBSITE

  • 3.1.
    Used Equipment Marketplace. This Website is a used equipment marketplace where sellers, being either Us or an unaffiliated third-party (each a, Seller), list Equipment that You can bid on, make an offer on and/or buy. Fused Equipment is not a party to any transaction between You and Seller unless Fused Equipment owns the Equipment being sold to You.
  • 3.2.
    Listing Period. The period during which an Equipment listing will be active on the Website is determined by Us in our sole discretion.
  • 3.3.
    Inspection and Condition. Most Equipment listings will permit You to inspect the Equipment. You should inspect any Equipment prior to bidding on it or buying it. You confirm that You are a sophisticated buyer with experience in owning and operating equipment and other machinery and acknowledge that You have had an opportunity to make an independent investigation and examination of the Equipment to become fully familiar with the physical condition of the Equipment.You further acknowledge that any information Seller may provide to You in respect of the condition of the Equipment in the listing is provided as a courtesy only and is not intended to be relied upon by You or anyone else.
  • 3.4.
    Binding Offer to Purchase. If You choose to bid or make or send an offer on a listing on the Website or select the “Buy Now” option, Your offer, bid or “Buy Now” selection is a binding and irrevocable offer to purchase the Equipment for the bid price, offer price or “Buy Now” price, as the case may be. Bidding on, making an offer on and/or buying Equipment, on the Website is binding and irrevocable. Once Your bid is placed, Your offer is made or You select the “Buy Now” option, You are obligated to complete the purchase as follows:
    • Buy Now: If You select this option, You agree to buy the Equipment from Seller for the “Buy Now” price set out on the Equipment listing on the Website and to make payment to Us in accordance with Section 4.1.
    • Make Offer: If You submit an offer on an Equipment listing and the offer is accepted by Seller or Seller provides You with a counter offer which You accept, then You are bound to buy the Equipment at the agreed to price. If Your offer is not accepted by Seller within two (2) business days of such offer being made by You or Seller accepts a competing bid from a different buyer prior to responding to Your offer, You are released of Your binding purchase obligation.
    • Online Auction. If You participate in one of Our online auctions and Your bid is the highest valid bid for the Equipment at the conclusion of the auction, then You are bound to buy the Equipment at the agreed to price.
    • Reserve Auction. If You are the highest bidder and Your bid is at least the minimum price established by Seller (the Reserve Price) at the end of the reserve period (the Reserve Period), or (b) You have submitted a bid on Equipment that does not meet the Reserve Price but after the closing of the Reserve Period, Seller makes You a counter offer and You accept, then You are bound to buy the Equipment at the agreed to price.
    • Send Offer. This is a feature set out on an Equipment listing which allows You to send an offer (Send Offer) to Seller on that piece of Equipment with or without an Account. If You Send Offer and it is accepted by Seller, You accept a counter offer by Seller, or You make a subsequent offer to Seller which is accepted, Your obligation to purchase such Equipment becomes binding and this Agreement shall govern Your purchase of such Equipment, provided you create a valid Account.
    We note that available buying options will vary, and certain buying options may not be available in Your region. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. WE CANNOT GUARANTEE THAT THE WEBSITE IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. FUSED EQUIPMENT WILL NOT BE HELD LIABLE FOR ANY CLAIMS OR LOSSES RELATED TO ANY OF THE FOREGOING.
  • 3.5
    Seller Rights and Our Rights.
    • (a)
      No Obligation. Seller is under no obligation to accept Your offer or bid and may, at its sole discretion, accept, decline, or counter Your offer or bid. If Seller provides You with a counter offer, You may have up to two (2) business days to accept such counter offer. Seller reserves the right to automatically rescind any counter offer if it decides to sell the subject Equipment to a different buyer before You accept its counter offer.
    • (b)
      Winning Bid. Fused Equipment shall determine, in Our sole discretion, the winning bid in all online auctions and reserve auctions and will not be liable for any errors or omissions in that determination.
    • (c)
      Voiding, Adjusting and Can celling. Fused Equipment reserves the right to reject, void, unwind, adjust, or cancel any bid or purchase at Our sole discretion which We believe: (i) were not made in good faith; (ii) are prohibited by applicable law; or (iii) are the result of a Website error or outage. Fused Equipment further reserves the right to remove, adjust, or otherwise change an Equipment listing at any time, for any reason, without notice and without any liability to You.
    • (d)
      Bid Boost. All Sellers have the option to enable the bid boost feature at any time on their auction listing (Bid Boost). When Bid Boost is activated, all bidders on that listing are notified that the Seller will accept the highest bid received in the next 24 hours. Bid Boost shortens the remaining auction period to 24 hours, regardless of the number of days left in the original timed auction cycle.
    • (e)
      Cancellation. Fused Equipment reserves the right to cancel any completed sale regardless of whether We have received Your payment where: (i) a pricing error is obvious and unmistakable; (ii) there was a system error or other error affecting the transaction; (iii) You are found to be in breach or default of Your obligations under this Agreement: or (iv) we have reasonable grounds to believe a breach of Section 7.4 is likely. Our sole liability to You in the event of such a cancellation is a full refund of any funds You may have paid to Us in connection with such Equipment sale less any reasonable costs We may incur that are attributable to You.
  • 3.6.
    Confirmation Email. Upon completion of an Equipment purchase on the Website or if Your bid is the winning compliant bid in an online auction or reserve auction, You will receive an initial automated email from Us congratulating You on Your purchase. Shortly thereafter, You will receive a more detailed email from Us (the Confirmation Email) with an equipment sales order invoice and confirming, among other things, Your binding purchase of the Equipment, the price You have agreed to pay for the Equipment (the Accepted Selling Price) plus any transaction fees, buyer or seller fees, applicable sales and/or use taxes, duties and any other applicable fees (collectively, the Total Payment) and the next steps You are obligated to take to complete the transaction. We cannot invoice a third party in respect of Your Equipment purchase.

4. PAYMENT, FEES, AND TAXES

  • 4.1.
    Payment. We collect all payments on behalf of Seller. You must contact Us to arrange making the Total Payment for the Equipment, as further set out in the Confirmation Email. The Total Payment is due within seven (7) days of receipt of the Confirmation Email.Once We receive the Total Payment and You complete any required documentation, We will notify You via email that Your Equipment has been released and is ready for pick-up and provide you with your final invoice (the Equipment Release Email).
  • 4.2.
    Payment Methods. We accept payment by wire transferor electronic transfer of funds. Payment by wire, credit card, debit card or cash is not accepted. You shall be responsible for any foreign exchange fees and any other charges related to Your payment.
  • 4.3.
    Taxes (For Buyers in North America only). All bids and offers for Equipment that result in a sale are net of any applicable taxes at any level of government. You are liable for all such taxes or establishing, to Fused Equipment’s satisfaction, a valid exemption from such taxes. You understand and agree that Fused Equipment calculates, reports, and remits applicable taxes on Website purchases but that You remain fully liable for any sales and use taxes in respect of Your Purchase. Fused Equipment calculates and collects sales tax on Equipment sold in Canada and the United States based on the federal, provincial, state and/or any other local tax rates in effect at the location the Equipment is purchased. To facilitate the proper handling of sales tax for Your purchase, it is Your responsibility to furnish Fused Equipment with any required documentation (such as Bills of Lading or export documents) within ten (10)business days from the date of Your purchase. If You possess an exemption certificate that was not provided during the initial sale, You have a grace period of ten (10) business days from Your purchase date to furnish a valid exemption certificate. This allows Fused Equipment to process a refund, if applicable and only to the extent permitted in accordance with applicable law. Should You fail to submit the necessary documentation within the stipulated ten (10) business days, You will be required to directly request a refund from the tax authority which the original sales tax was sent to by Fused Equipment after collection and remittance. You warrant the truth and accuracy of any statement or documents You provide in writing to Us in respect of applicable taxes. If We, either at Your request or due to requirement of law, government audit or otherwise, pay any such taxes or any amount in excess of the amount which would have been payable based on Your statement, applicable law, or applicable documentation, You shall immediately reimburse Us, and the amount of any such payment shall bear interest at the rate of 18% per annum, at Your sole cost and expense.
  • 4.4.
    VAT. This section shall only apply to Equipment purchases subject to VAT or other indirect taxes. All bids and offers for Equipment that result in a sale are net of any VAT and other indirect taxes imposed with respect to the sale or purchase transaction. In the event that VAT is applicable to a bid or other consideration payable by You under these Terms and Conditions, You are liable for all such taxes. Accordingly, the amount of the successful bid or offer in respect of any piece of Equipment shall be exclusive of VAT and other indirect taxes, and the price payable by You shall be increased by such taxes chargeable in respect of the supply of the Equipment to You. Similarly, all fees and other amounts payable to Fused Equipment are calculated exclusive of VAT so the amount payable by You shall be increased by the amount of VAT which may be chargeable in respect of the relevant supply. The amount payable shall be subject to VAT if You, as Buyer, fail to provide necessary documentation to Seller to substantiate a VAT rate other than the standard VAT rate (i.e. 0% export rate or 0% rate for intracommunity supplies within the EU). You shall enter Your VAT registration number upon becoming a registered user of the Website and shall immediately notify Fused Equipment if that number ceases to be valid for any reason. You shall indemnify Fused Equipment and its affiliates (and the officers, directors, agents and employees thereof) against any tax, cost or expense relating to Your and/or Seller's failure to satisfy any VAT chargeable in relation to a transaction. For the avoidance of doubt, it is Your responsibility to satisfy Yourself that any VAT (or similar) charges or related obligations have been met in relation to a transaction. For the purposes of these Terms, "VAT" means value added tax as provided for in the EU VAT Directive 2006/112/EC or similar tax in countries outside the EU.
  • 4.5.
    Compliance with Applicable Laws. You acknowledge and agree to familiarize Yourself with and adhere to all applicable laws concerning Your access to, and use of, the Website, as well as any purchases of Equipment made through it. Fused Equipment explicitly disclaims any responsibility for any taxes (whether direct, indirect, local, or federal), fines, or penalties imposed on You as a result of Your use of the Website or Your purchase of any Equipment. For certainty, it is Your sole responsibility to ensure that You are aware of and fulfill any charges, taxes (whether direct, indirect, local, or federal), or associated obligations that may apply to the purchases You make on the Website. In the event that You fail to comply with any laws or regulations related to purchases from the Website, You agree to indemnify Fused Equipment and its affiliates (including their officers, directors, agents, and employees) against any taxes, costs, or expenses incurred as a result.
  • 4.6.
    Encumbrances. Fused Equipment will arrange for any liens or other encumbrances to be discharged from any Equipment listed on the Website. If We are unable to do so, You shall return the Equipment to Us and We shall return any funds paid by You to Us in respect of the Equipment. This will be Your sole and exclusive remedy.
  • 4.7.
    Payment Default. If We have not received the Total Payment by the eighth (8th) day after the date of the Confirmation Email, we will be entitled to seek all remedies available to Us for late payment under applicable law including, but not limited to, terminating this Agreement and recovering compensation for any losses We or Seller incur, which compensation shall not exceed the unpaid balance of the Total Payment plus interest and any additional costs reasonably and necessarily incurred by Us.

5. PICKING-UP YOUR EQUIPMENT

  • 5.1.
    Equipment Pick-Up. Seller will deliver the Equipment Ex Works (EXW, Incoterms 2023) to the location specified on the Listing (the Pick-up Location). You are responsible for arranging for the Equipment to be dismantled (as necessary), loaded, and removed from the Pick-up Location and transported to Your desired end point. You must remove the Equipment from the Pick-up Location within eight (8) business days of date of the Equipment Release Email. You, or Your third-party agent, will be required to provide a copy of the Equipment Release Email at the time of pick-up. Upon request, You shall also provide us with a copy of the third-party bill of lading and any other documents we may reasonably request from Your third-party transport agent. You must schedule Your Equipment pick-up with Your Fused Equipment representative at least 24 hours prior to Your desired pick-up date and time.
  • 5.2.
    Risk of Loss. Seller will carry risk of loss for the Equipment until the earlier of: (i) Seller’s receipt of the proceeds from the sale of the Equipment; and (ii) You, or Your designated third-party transport agent, taking custody of the Equipment at the Pick-up Location. For certainty, risk of loss during the dismantling, loading, transportation and unloading of the Equipment at its destination shall be, and always remains, with You even where a loss occurs at the Pick-up Location.
  • 5.3.
    Storage. If You fail to pick-up Your Equipment within eight (8) business days of the date of the Equipment Release Email, Seller will continue to store the Equipment at Your sole risk and expense. A storage fee of 25.00 (in the listing currency) per day may be imposed as a carrying fee until such time as We deem the Equipment abandoned, as further set out in Section 5.4 below. You may also be responsible for any transportation costs associated with moving Your Equipment to a different location should You fail to pick up within the timeline specified above.
  • 5.4.
    Abandonment. If You fail to remove Your Equipment from the Pick-up Location within sixty (60) days of the date of the Equipment Release Email, We may deem such Equipment to be abandoned. In such circumstances, we shall then be entitled, on behalf of Seller, to sell, lease, rent or otherwise dispose of the Equipment in Our sole discretion. If we are able to resell the abandoned Equipment, We will remit the resale amount to You less our selling expenses, storage fees, transportation costs and other reasonable costs, as well as a 20% administrative fee.

6. LIMITATIONS OF LIABILITY AND DISCLAIMERS

  • 6.1.
    Force Majeure. Fused Equipment shall not be liable for any loss or damage arising from Fused Equipment’s failure to perform any obligation or delay resulting from any cause beyond the reasonable control of Fused Equipment or from any act of God, act of war whether declared or undeclared, act of civil or military authority, act of any governmental authority, acts or omissions of contractors or subcontractors or from You, civil disturbance, insurrection or riot, sabotage, fire, pandemics, inclement weather conditions, earthquake, flood, strike, work stoppage or other labour difficulty, embargo, fuel or energy shortage, major equipment or Equipment breakdown, delay or accident in shipping or transportation, failure or delay in obtaining necessary manufacturing facilities, labour or materials from its usual sources, or unforeseen circumstances or contingencies.
  • 6.2.
    Disclaimer/ No Warranty. To the fullest extent permitted by applicable law, the Equipment is being sold “as is” and “as available” and Fused Equipment and Seller disclaim all warranties of any kind, whether express or implied, including any by statute or regulation, by custom or trade usage, or by any other course of dealing, including but not limited to any warranties or conditions of merchantability, non-infringement or fitness for purpose or fitness for particular purpose. You acknowledge that You have not been induced by any statements or representations of any person with respect to the quality or condition of the Equipment and that no such statements or representations have been made. You acknowledge that You have relied solely on the investigations, examinations, and inspections that You have chosen to make on the Equipment and that We have afforded You the opportunity for full and complete investigations, examinations, and inspections on such Equipment.
  • 6.3.
    Limits of Liability. Neither Fused Equipment nor Seller shall be liable, whether based in contract, warranty, indemnity, tort (including negligence), strict liability, or alternative tort remedies or any other theory of law or equity, for any indirect, special, incidental, punitive, exemplary or consequential damages including and for any damages to associated equipment, any loss of profits or revenue, loss of production, loss of use of Your property, plant, equipment or system downtime costs or claims of Your customers. Except as set out in Sections 3.5 and 4.6, notwithstanding any other provision contained in this Agreement, Our total liability arising out of or in relation to this Agreement, Your purchase or use of the Equipment, Your use of the Website and any other cause of action whatsoever, whether in contract, tort (including negligence), by statute, indemnity, warranty, strict liability or otherwise shall be limited, in the aggregate, to 10% of the Accepted Selling Price of the Equipment subject to such claim.
  • 6.4.
    Indemnification. You shall defend, indemnify, and hold harmless Fused Equipment and Seller and their respective subsidiaries and affiliates and their directors, officers, employees and agents from and against any and all liability, loss, damage, cost or expense (including solicitors’ fees) by reason of (i) any allegation, claim, action, suit or threat thereof, for the death or injury of any person(s) or damage or destruction of property arising out of the acts or omissions (including those as a result of negligence) or willful acts of You or Your agents or representatives relating to Your use of any Equipment purchased from this Website; and (ii) Your breach of this Agreement or failure to perform Your obligations hereunder.

7. GENERAL TERMS

  • 7.1.
    Intellectual Property. The Equipment (including software), incorporates technology, patents, trademarks, service marks, trade names, proprietary information, trade secrets and other intellectual property rights therein of Fused Equipment (collectively Fused Equipment Intellectual Property). The Fused Equipment Intellectual Property rights are owned and controlled by Fused Equipment, its licensors, and certain other third parties. All rights, title, and interests in and to the Fused Equipment Intellectual Property is the property of Fused Equipment, its licensors or certain other third parties, and is protected by Canadian and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Subject to any applicable terms of use, Fused Equipment grants You a non-exclusive and revocable license to use the Fused Equipment Intellectual Property owned by and made available by Fused Equipment to the extent necessary to use the Equipment purchased under this Agreement and otherwise exercise Your rights herein.
  • 7.2.
    Data Sharing. You understand, acknowledge, and agree that Fused Equipment and if applicable, Caterpillar Inc., and its and their respective group of companies and business affiliates and contractually related third parties can and will collect and have possession of information about You, including information about Your ownership, maintenance and use of Your Caterpillar machines and other equipment provided by or through Fused Equipment. Details relating to the information that is collected, how it is collected, how it is used and shared, and how it is kept secure are all contained in FUSED EQUIPMENT SERVICES’s Data Governance Statement which can be viewed at http://www.fusedequipment.com/en_CA/policies/data-governance.html and the Caterpillar Data Governance Statement which can be viewed at www.cat.com/en_US/legal-notices/data-governance.html. You further understand, acknowledge, and agree that Finning will share Your information with any Seller You purchase Equipment from.
  • 7.3.
    Privacy. We collect and use the information You provide during Your Account registration to identify You as a bidder and/or buyer of Equipment on the Website, process Your bids and purchases, and perform related activities. Your data will be shared with the applicable Seller(s) to facilitate Equipment pickup and related matters. Additional information about how We use personal information can be found in our Privacy Notice, which is hereby incorporated by reference into these Terms and Conditions. Personal information collected by or on behalf of Fused Equipment is transferred, stored, accessed, and utilized across various jurisdictions, including Canada. This information is subject to the laws of these jurisdictions, which may differ from the laws of Your own location. Fused Equipment will implement reasonable safeguards, as detailed in Our Privacy Notice, to protect personal information.
  • 7.4.
    Trade Control Laws and Exports. Equipment sold under this Agreement is subject to the Trade Control Laws of Canada, the United States of America, the European Union, the United Kingdom, and other applicable jurisdictions and, in furtherance of those laws, Fused Equipment has trade compliance programs and policies that may go beyond statutory or regulatory requirements. You shall comply with all applicable Trade Control Laws. Without limiting the generality of the foregoing, the Equipment may not be resold, transferred, or otherwise disposed of, to any country, person, or entity in contravention of applicable Trade Control Laws. No direction from Fused Equipment with respect to Trade Control Laws will relieve You from Your obligations to comply with applicable Trade Control Laws. Notwithstanding anything to the contrary in this Agreement, Fused Equipment reserves the right to delay delivery, cancel or modify orders without liability to comply with Trade Control Laws. You are responsible for determining export and/or import licensing requirements for all Equipment you purchase hereunder. You shall not divert Your Equipment contrary to applicable law or directly or through any intermediary, sell or supply any Equipment to customer or into countries if doing so would directly or indirectly violate any Trade Control Laws. Trade Control Laws means export control and international economic sanctions laws and regulations, including, without limitation: i) Canada’s Export and Import Permits Act, the Special Economic Measures Act, the United Nations Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), Part II.1 of the Criminal Code, and any regulations or orders adopted thereunder; ii) the United States of America’s Export Administration Regulations, the International Traffic in Arms Regulations, and sanctions administered by the Treasury Department’s Office of Foreign Assets Control; iii) similar applicable laws, regulations or directives of the United Kingdom and the European Union; and iv) sanctions adopted by the United Nations Security Council.
  • 7.5.
    Independent Contractor. The parties agree that Fused Equipment is an independent contractor and not Your employee or agent. Equipment operators and Your other employees, agents, or subcontractors assigned to assist Fused Equipment may receive temporary instructions, directions or control from Fused Equipment but shall at all times be considered Your employees, agents, subcontractors and not Fused Equipment’s.
  • 7.6.
    Amendment of These Terms and Conditions. Except to the extent prohibited by applicable laws, We may, at Our sole discretion, change these Terms and Conditions at any time and without notice to You, by posting such updated Terms and Conditions on the Website and updating the Last Updated date set out at the bottom of these Terms and Conditions. If You do not wish to be subject to revised Terms and Conditions, You must stop using the Website and may not bid on, or purchase Equipment from, the Website. Your continued use of the Website after changes to the Terms and Conditions take effect will constitute Your acceptance and agreement to such updated Terms and Conditions.
  • 7.7.
    Assignment; Validity; Conflict. This Agreement is not assignable without the prior written consent of Fused Equipment, which consent may be withheld at Fused Equipment’s sole discretion. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In the event of a conflict between these Terms and Conditions, the Website Terms of Use, and the subject Equipment listing, the conflict will be resolved in the following order: 1) Equipment listing; 2) these Terms and Conditions; and 3) the Website Terms of Use.
  • 7.8.
    Applicable Law and Contracting Party. The contracting Fused Equipment entity and corresponding notice address, governing law and governing venue, and currency depends on the location of the Equipment at the time of sale and shall be as set out in the table below. This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the governing law noted for each respective contracting entity, as set out in the table below. Similarly, the parties to this Agreement hereby irrevocably and unconditionally attorn to the exclusive jurisdiction of the applicable courts in the governing venue which corresponds with the contracting Fused Equipment entity, as set forth in the table below. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed by the parties with respect to this Agreement and the transactions contemplated hereby.
  • Location of Equipment at Point of Sale Contracting Entity Notice Address Governing Law (GL) and Governing Venue (GV) Currency (unless otherwise stated on the applicable listing)
    Canada Fused Equipment Services Inc. 16901 109 Ave Edmonton, AB Canada T5P 4P6 GL: Alberta, and the federal laws of Canada applicable therein
    GV: Edmonton, Alberta
    Canadian Dollar
    United States Fused Equipment Services (US) Inc. 16901 109 Ave Edmonton, AB Canada T5P 4P6 GL: Delaware, and any applicable federallaw therein
    GV: United States District Court for the District of Delaware, or a state district court of competent jurisdiction in New Castle County, Delaware
    United States Dollar
    United Kingdom Finning (UK) Ltd. Watling Street, Cannock, Staffordshire WS11 8LL GL: English
    GV: England and Wales
    GB Pound Sterling
    Any other country not specified above Finning International Inc. 16901 109 Ave Edmonton, AB Canada T5P 4P6 GL: Alberta, and the federal laws of Canada applicable therein
    GV: Edmonton, Alberta
    United States Dollar
LAST UPDATED:

March 14, 2024