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Legal Framework

TERMS OF SERVICE

Governing principles for our B2B partnerships in construction machinery supply and customization services

01

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.

02

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

Deposit (Order Confirmation) 30%
Progress Payment (Pre-Shipment) 60%
Final Payment (Before Delivery) 10%

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.

03

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.

04

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

Structural Components
12 Months / 2,000 Hours
Hydraulic Systems
12 Months / 1,500 Hours
Engine (OEM)
As per Engine Manufacturer
Electrical Components
6 Months

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.

05

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

1
Negotiation
Parties attempt amicable resolution within 30 days via direct communication.
2
Mediation
If unresolved, refer to neutral third-party mediator (China International Economic and Trade Arbitration Commission recommended).
3
Arbitration
Final binding arbitration under CIETAC rules in Shanghai, China. Proceedings conducted in English. Arbitration costs borne by losing party.

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.

Effective Date: January 1, 2024 | Version: 2.1 | Last Updated: December 2024

TerraAny reserves the right to modify these Terms with 30 days' written notice to active partners. Continued engagement constitutes acceptance of updated terms.

For clarifications or contract negotiations, contact our legal and partnership team:

info@terraany.com

TerraAny · Reliable Anywhere · Construction Machinery Manufacturer | China