TERMS OF
Governing principles for our B2B partnerships in construction machinery supply and customization services
Cooperation Scope
These Terms of Service apply to all business transactions between TerraAny and qualified B2B partners, including but not limited to:
- ▸ Wholesalers and distributors with annual purchase volumes exceeding USD 5 million
- ▸ International brands seeking OEM/ODM construction machinery solutions
- ▸ Authorized dealers in Belt and Road Initiative countries
- ▸ Supply chain professionals and auction houses specializing in heavy machinery
Note: All partnerships require formal qualification verification and executed supply agreements.
Order Rules
Minimum Order Quantity (MOQ)
Standard MOQ varies by product category. Excavators and loaders: minimum 5 units per model. Spider cranes and telehandlers: minimum 3 units. Custom configurations may require adjusted MOQ based on tooling requirements.
Payment Terms
Accepted methods: T/T, L/C at sight. Alternative arrangements available for established partners.
Production & Delivery Lead Time
Standard production: 30-45 working days post deposit clearance. Custom/OEM orders: 45-60 working days. Shipping time varies by destination (15-35 days for major ports). Delays due to force majeure will be communicated promptly.
Customization Terms
Prototype & Sampling Fees
Custom prototype development requires upfront sampling fee (typically 150%-200% of unit cost). Fee is fully refundable upon confirmation of bulk order meeting agreed MOQ. Sample production timeline: 15-25 working days.
Mold & Tooling Ownership
Client-Funded Tooling: When client pays 100% of mold/tooling costs, ownership transfers to client upon full payment. TerraAny retains usage rights for contracted production runs.
Shared Investment: For co-funded tooling, ownership remains with TerraAny. Client receives exclusive production rights for agreed product lines and territories.
Tooling maintenance and storage fees may apply for inactive molds beyond 24 months.
Intellectual Property
All custom designs, branding elements, and technical specifications provided by client remain client's intellectual property. TerraAny commits to strict confidentiality and non-disclosure. Reverse engineering or unauthorized replication is prohibited.
Quality Assurance & After-Sales
Pre-Shipment Inspection
All units undergo rigorous factory testing per ISO 9001 standards. Third-party inspection (SGS, TUV, BV) available upon request at client's expense. Clients or authorized representatives may conduct on-site inspection 7 days prior to shipment. Detailed QC reports and certifications provided with each order.
Warranty Coverage
Warranty excludes wear parts, misuse, unauthorized modifications, and improper maintenance. Spare parts support available for 10+ years post-purchase.
Warranty Claims
Claims must be submitted within 7 days of defect discovery with photographic/video evidence and machine hour meter readings. TerraAny technical team will assess within 48 hours. Approved claims resolved via replacement parts (air shipped) or on-site technical support. Malicious or fraudulent claims will void warranty.
Liability & Dispute Resolution
Breach of Contract
Payment Default: Late payment beyond 15 days incurs 2% monthly interest. Orders may be suspended or cancelled if payment exceeds 30 days overdue. Deposit is non-refundable for client-initiated cancellations post-production commencement.
Delivery Delays (TerraAny): If shipment delay exceeds 30 days beyond agreed date (excluding force majeure), client entitled to 0.5% order value compensation per week, capped at 5% total value.
Quality Breach: If defect rate exceeds 5% of shipment and attributed to manufacturing fault, TerraAny will replace defective units and compensate inspection/logistics costs.
Force Majeure
Neither party shall be liable for failure to perform obligations due to unforeseeable circumstances beyond reasonable control, including but not limited to: natural disasters, war, pandemic, government restrictions, port strikes, or material shortages. Affected party must notify within 7 days with supporting documentation. Contract timeline will be extended proportionally.
Dispute Resolution Process
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, excluding conflict of law provisions. For international contracts, United Nations Convention on Contracts for the International Sale of Goods (CISG) applies where applicable.
TERMS OF SERVICE
Last Updated: January 2024
1. Agreement to Terms
By accessing or using TerraAny's services, website, or purchasing our construction machinery products, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
2. Company Information
TerraAny is a China-based construction machinery manufacturer specializing in OEM/ODM solutions for global distributors, wholesalers, and brands. We provide customized heavy equipment including excavators, loaders, telehandlers, and spider cranes.
3. Services Provided
TerraAny offers the following services:
- Manufacturing and supply of construction machinery
- Custom machinery design and configuration (OEM/ODM)
- International certification support (CE, TUV, SGS, EPA, etc.)
- Technical consultation and after-sales support
- Supply chain and logistics coordination
4. Order and Purchase Terms
4.1 Quotations and Orders
All quotations are valid for 30 days unless otherwise stated. Orders are subject to acceptance by TerraAny and require written confirmation.
4.2 Customization
Custom orders require detailed specifications in writing. Changes to confirmed orders may incur additional costs and extend delivery times.
4.3 Payment Terms
Payment terms are negotiated per contract. Standard terms include deposit upon order confirmation and balance before shipment. We accept bank transfer, L/C, and other agreed methods.
4.4 Delivery and Shipping
Delivery times are estimates and may vary due to production schedules, customs, or logistics. Risk transfers to buyer upon shipment (FOB/CIF as agreed). Buyers are responsible for import duties and taxes.
5. Product Quality and Warranties
5.1 Quality Standards
All products are manufactured according to ISO 9001 standards and undergo rigorous testing. We ensure compliance with international certifications as specified in the contract.
5.2 Warranty
Standard warranty covers manufacturing defects for 12 months from delivery or 1,000 operating hours (whichever comes first). Warranty does not cover normal wear, misuse, unauthorized modifications, or improper maintenance.
5.3 Claims
Defect claims must be reported within 7 days of discovery with photographic evidence. TerraAny will assess and provide repair, replacement parts, or credit at our discretion.
6. Intellectual Property
All designs, trademarks, patents, and technical documentation remain the property of TerraAny unless explicitly transferred in writing. Customers may not reverse-engineer, copy, or redistribute our proprietary information.
7. Limitation of Liability
TerraAny's liability is limited to the purchase price of the product. We are not liable for indirect, incidental, or consequential damages including lost profits, business interruption, or third-party claims.
8. Compliance and Regulations
Buyers are responsible for ensuring products comply with local laws, safety standards, and operating regulations in their country. TerraAny provides certification support but does not guarantee regulatory approval in all jurisdictions.
9. Confidentiality
Both parties agree to keep confidential all proprietary information shared during business transactions, including pricing, technical specifications, and customer data.
10. Force Majeure
TerraAny is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, pandemics, war, government actions, or supply chain disruptions.
11. Dispute Resolution
Any disputes arising from these terms shall be resolved through good-faith negotiation. If unresolved, disputes will be submitted to arbitration under the rules of the China International Economic and Trade Arbitration Commission (CIETAC).
12. Governing Law
These Terms of Service are governed by the laws of the People's Republic of China.
13. Amendments
TerraAny reserves the right to modify these terms at any time. Updated terms will be posted on our website. Continued use of our services constitutes acceptance of revised terms.
14. Contact Information
For questions regarding these Terms of Service, please contact us:
- Email: legal@terraany.com
- Phone: +86 XXX XXXX XXXX
- Address: [Company Address, China]
By engaging with TerraAny, you acknowledge that you have read, understood, and agree to these Terms of Service.