WhiteBull Equipment - General Sales Terms and Conditions 

FRANÇAIS - Ces Termes et Conditions peuvent être disponibles en langue française sur votre demande écrite. La non-demande implique que vous avez pu lire, interpréter et accepter ces termes et conditions dans la langue soumise. 

DEUTSCH - Diese Allgemeinen Geschäftsbedingungen sind auf Ihre schriftliche Anfrage in deutscher Sprache erhältlich. Die Nichtanforderung bedeutet, dass Sie diese Allgemeinen Geschäftsbedingungen in der übermittelten Sprache lesen, interpretieren und akzeptieren konnten 

ESPAÑOL - estos Términos y Condiciones pueden estar disponibles en Español si lo solicita por escrito. La no solicitud implica que ha podido leer, interpretar y aceptar estos términos y condiciones en el idioma enviado. 

PORTUGUÊS - Estes Termos e Condições podem estar disponíveis em Português mediante solicitação por escrito. A não solicitação implica que você leu, interpretou e aceitou estes termos e condições no idioma enviado 

1. TERMS AND CONDITIONS CONTROL. The following terms and conditions (these "Terms and Conditions"), are agreed by WhiteBull Equipment ("Seller") and the purchaser ("Buyer"). Seller's acceptance of any Order is subject to these Terms and Conditions. No contrary, additional or different terms shall be binding on Seller unless accepted by Seller in writing. 

2. MODIFICATION. Purchaser understands and agrees that no modification or waiver of these Terms and Conditions shall be effective unless made by the Seller in writing addressed to Buyer and specifically referring to these Terms and Conditions; no course of action on the part of Seller shall be deemed to modify these Terms and Conditions; and Seller's acknowledgment or acceptance of anything in writing from Buyer which is in conflict with these Terms and Conditions (including any purchase order forms containing different terms or conditions) and any subsequent delivery of Goods shall not constitute a modification or waiver of these Terms and Conditions. 

3. SALES OFFER or Quotation. Document issued by the seller which indicate the Goods Sold as well the overall conditions of the deal. Only and only the products, equipment and quantities indicated on the Sales Offer or Quotation are to be sold and delivered. No assumptions shall be made by the Buyer other than what indicated on the Sales Offer or Quotation. The Sales Offer or Quotation do not represent any type of commitment or engagement made by the Seller on delivering the products and services indicated on the Sales Offer or Quotation. 

4. GOODS SOLD. Are the specific models, quantities, products or services described on the Sales Offer or Quotation and which are subject to be sold, ( or rented) and delivered as part of the deal. The Goods may be property of the Seller or any other legal entity or third party to which the Seller may be providing Remarketing Services. The Seller reserves the right to not disclose the property of the equipment for commercial aspects as this information might be subject of a confidentiality agreement. 

5. AVAILABILITY. The estimated availability indicated on the Sales Offer or Quotation is subject to prior Sale, Rental of the Goods Sold, but can also be affected by other events such as: postponements from previous owner or allocations, job site delays, shipping constraints, previous owner sales cancellation, etc. 

6. PURCHASE INTENT. Is the written confirmation issued by the Buyer and addressed to the Seller with his intent to purchase the Goods Sold indicated on the Sales Offer or Quotation provided by the Seller. The Buyer has fifteen (15) days from the date of the Sales Offer to notify the Seller with his intent to purchase the goods, after which the Sales Offer is no longer valid. Because Seller’s Sales Offer is subject to different conditions such as: availability, payment terms, contract signatures, etc, the Purchase Intent issued by the Buyer is a process on his sole responsibility and do not represent any type of engagement or commitment from the Seller to proceed with the Sales transaction. 

7. ORDER AKNOWLEDGEMENT. The Order Acknowledgement made by the Seller to Purchase Intent made by the Buyer, is made and only made through the issue of a Pro-Forma Invoice by the Seller to the Buyer with the respective terms and conditions. Only after receipt of the Pro-Forma invoice issued by the Seller, the Buyer can consider that Seller is considering to proceed with the Sales transaction as per the terms and conditions described on the Pro-Forma invoice. 

8. PRO-FORMA INVOICE. The Seller may decide to provide the Buyer with a Pro-Forma invoice, which shall indicate terms and conditions of the overall deal, such as: specific models, quantities, products, services, availability, payment terms and additional terms and conditions which would allow the transaction between the Seller and Buyer. In case of discrepancies between the Pro-Forma Invoice and the WhiteBull Equipment General Sales Terms and Conditions, the WhiteBull Equipment General Sales Terms and Conditions shall prevail. 

9. FINAL ORDER CONFIRMATION. The Seller acknowledges the Final Order Confirmation by the Buyer, upon the reception of Sellers Pro-Forma Invoice duly signed and stamped by the Buyer, within 3 working of Pro-Forma invoice date. Buyers confirm therefore the acceptance with all terms and conditions set forth on the Pro-Forma invoice, although the Sellers reserves the right to accept Buyers Final order confirmation or not. The acceptance of Buyers Final Order Confirmation is the sole and unique decision of the Seller and no justifications or compensations of any type are due to the Buyer in case of non- acceptance of Buyers Final Order Confirmation. 

10. TERMS OF PAYMENT. The Sales price for the Goods Sold shall be indicated on the Sellers Pro-Forma Invoice and reflect the agreement made between the Seller and the Buyer. Unless otherwise agreed in written by the parties. The non-respect of the payment terms expressed on the Pro-Forma invoice, implies the immediate cancellation of the Sales transaction and Seller is entitled to claim all costs, expenses or other type of compensations to the Buyer, for the non-respect of Buyers obligations. 

In case of Sales transaction cancellation due Buyers fault or request, Down Payments provided by the Buyer to the Seller are not refundable. The payment terms are considered accomplished only when funds are made available at Seller’s bank account. 

11. INVOICING. WhiteBull Equipment is a Remarketing company specialized on Used Equipment buy, sell or rental. The Goods Sold may be property of WhiteBull Equipment or belonging to a third-party company which WhiteBull Equipment is authorized to remarket. As a consequence, the Goods Sold may be invoiced by the Seller or by any other Legal entity indicated by the Seller, who proves to be the owner of the Goods. Buyer shall provide to Seller accurate, on time, valid and trustful information about Buyer’s account details but also destination of Goods sold, final user, transit of the Goods sold or any other information which can have an influence on the Invoice and its content to be provided by the Seller. In the event that Buyer fails to provide adequate information, regardless the reason, Buyer agrees to indemnify and hold Seller harmless from any liability, expense or cost of any type by reason of Buyers failure. Such indemnification shall include, but not be limited to, taxes, costs, attorneys' fees or other related expenses and are due to be paid by the Buyer within 8 days after Seller’s communication. 

12. DELIVERY. The Seller shall indicate on the Pro-Forma Invoice the delivery terms of the Goods Sold. If not, and unless otherwise agreed on written by both parties, the standard delivery terms are Ex-Works. Collection of the goods by the Buyer or Buyer’s authorization for delivery, must take place within 30 days from the delivery time indicated on the Pro-Forma Invoice, unless otherwise agreed by the parties. The non-collection of the goods or non-authorization for delivery within the mentioned 30 days implies the immediate Sales transaction cancellation due Buyers fault. Buyer’s authorization for delivery is only considered effective and valid, when and once payment terms have been accomplished. 

13. DOCUMENTS. The Goods Sold are delivered with the available catalogues, documents or certificates, existing with the Equipment, without specifying, types, quantities or language. Any specific request about catalogues, documents or certificates for commercial, legal, importation or any other proposes shall be requested by the Buyer to the Seller on the “Purchase Order Intent” and subject to Seller’s approval and inclusion on the Pro-Forma invoice. The Seller reserves de right to indicate new delivery time and pricing for the requested and accepted catalogues, documents or original certificates. 

14. DISCLAIMER OF WARRANTIES. Goods Sold are purchased by the Buyer "as is" and "with all faults", and Seller makes no representation or warranty, express, or implied, including but not limited to warranties of merchantability or functionality for a particular purpose or any other matter with respect to the goods. SELLER STRONGLY RECOMMENDS THAT BUYER CONDUCT AN ON-SITE INSPECTION OF THE GOODS SOLD. Seller shall not be responsible for the consequences of Buyer’s decision to not inspect the Goods or failure, inaccuracies, insufficiencies, or omissions while inspecting the Goods. The employees or representatives of Seller are not 

www.WhiteBull-equip.com ReMarketing Company [consult our website for further details about our company] 

authorized to make any statement or representation about Warranties of the Goods, others than what indicated on the Offer, Quotation or Sales Agreement. 

15. INSPECTIONS. As stated on Article 14, the Seller strongly recommend the Buyer to carry on-site inspection of the Goods before proceeding with the “Purchase Order Intent”. These inspections shall be carried by the Buyer or a 3rd party to be indicated by the Buyer, and always at Buyers expenses. The Seller shall provide all necessary support and necessary arrangements for the on-site inspections. Inspections shall be required by the Buyer by written and subject to written confirmation by the Seller. For cases where the Seller support the Buyer on 3rd party inspections, the Seller 

only acts on the behalf on the Buyer, therefore all interpretations, conclusions, decisions and consequences made by the Buyer upon those inspections and its reports are Buyer sole responsibility. Buyer acknowledges that Seller invited him to inspect the Goods by himself or 3rd party nominated by the Buyer. 

16. SALES - USED EQUIPMENT. Buyer understands that the Goods offered have been used by other persons. Buyer is warned and acknowledges that such Goods may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical, mechanical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness, fall or for other similar or different reasons during use, handling, cleaning, reconditioning, transportation, disposal or at any other time after the Goods leave the possession and control of Seller or the current owner. Buyer does hereby discharge Seller or current owner of the Goods from any and all liability directly or indirectly resulting from the presence of the above hazardous. 

For all training, technical assistance or Product Support matters regarding the Goods Sold prior the delivery, during the delivery or after delivery, the Buyer must contact the OEM (Original Equipment Manufacturer) of the respective Goods Sold and ask OEM for the necessary support. The Buyer therefore agrees and accept that the Seller do not conduct any type of training on the Goods Sold, regarding its installation or utilization, or even provide technical assistance of any type, because the Seller is a Re-marketing or Trading company, and these very important and relevant matters shall be addressed by the OEM when the Buyer do not consider himself capable. 

17. DISCLAIMER OF LIABILITY. Buyer acknowledges and understand that the Goods sold may be dangerous if improperly used, maintained or inspected in a situation not authorized by the Original Equipment Manufacturer (OEM). Therefore, Buyer acknowledges and understand that is mandatory for him to contact the OEM of the Goods sold to obtain up-to-date installation, certification, operation, compliance with norms or any other relevant information prior the usage of the Goods sold, to insure the safe operation of Goods sold. The Seller (or the owner of the Goods, when the Seller is Remarketing goods belonging to a third party) will not be responsible for any loss or injury resulting from defects or alleged defects in the Goods sold and/or from the subsequent usage of the Goods by the Buyer or by any other person or company. Buyer agrees to defend any suit, action or cause of action brought against Seller (or the owner of the Goods, when the Seller is Remarketing goods belonging to a third party) or its employees and representatives by any person based on alleged injury, illness, costs or damage caused directly or indirectly by the Goods sold and to pay all damages, costs and expenses including, but not limited to, attorney's fees or legal expenses in connection therewith or resulting therefrom. 

18. INDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold harmless the Seller (or the owner of the Goods, when the Seller is Remarketing goods belonging to a third party) its employees and representatives from and against all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney's fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Goods sold by the Seller (or the owner of the Goods, when the Seller is Remarketing goods belonging to a third party. This indemnification shall survive after delivery of the Goods to Buyer and any subsequent sale or other transfer of the Goods to another third party. 

19. INSURANCE AND SAFETY RULES. Buyer shall not move, load, transport, handle, operate or carry any action with the Goods on Seller's premises or any other location without have obtained first the insurance coverage for such actions. Buyer shall comply with Seller's – or other indicated by Seller - plant safety rules and regulations while within such locations 

20. FORCE MAJEURE. Seller's ability to ship the Goods, make them available to the Buyer or comply any other obligation related to a certain Sales transaction may be affected in case of an act of force majeure, such as an act of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labour, containers or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any other cause beyond the control of the Seller. Seller shall have no liability for the failure to ship, deliver goods, make them available to the Buyer or comply any other obligation related to a certain Sales transaction in the event of such force majeure and Seller's obligation to complete the delivery of Goods or comply any other obligation related to a certain Sales transaction shall be suspended during such force majeure event and for a reasonable period of time thereafter; provided, however, that these Terms and Conditions shall otherwise remain in effect. 

21. LIMITATION OF DAMAGES. Seller's liability with respect to Goods sold to Buyer shall be limited to the refunding of payments made by the Buyer with respect to Goods ordered and paid but not made available by Seller due Seller's cancellation of the deal. In no event shall Seller be liable for incidental, special, or consequential damages, lost profits, or any expenses of Buyer or any other party, including but not limited to, shipping costs, operations of the Goods, rental to a third party, breakdowns, etc. 

22. GOVERNING LAW Such indemnification. All documents shall be construed according to the laws of Portugal. The parties agree that venue for any claim, controversy, performance or breach arising from or relating to these documents shall be exclusively laid and limited to Portuguese courts and the Portuguese law. 

23. TAXES, DUTIES or CERTIFICATIONS. All taxes, duties or certifications of any type and of any order are the responsibility and cost of the Buyer, including, but not limited to, country, local, industry, application, type of product, age, activity, etc, even those who could be at Sellers responsibility. The Buyer acknowledges and accept that taxes, duties or certifications necessary on the destiny of the Goods are his sole interest and responsibility, therefore assume to pay all related costs and take the necessary measures to exclude Seller of any responsibility. In the event that Buyer either fails to pay the tax, proceed with necessary certifications or other charges as agreed above or fails to provide a valid exemption certificate, Buyer agrees to indemnify and hold Seller harmless from any liability and expense by reason of Buyers failure. Such indemnification shall include, but not be limited to, attorneys' fees and/or other legal expenses relating. 

24. REPAIR. Seller is not obligated to do any repair work or modifications on the Goods Sold prior to sale or delivery. Any repair work or modifications performed by Seller on the Goods prior to sale shall be performed as a result of the sole request of the Buyer and always using the designs and/or instructions provided by Buyer and under Buyer written request and Seller acceptance. Accordingly, Seller shall not be liable for any alleged damages caused by or resulting from the repairs or modifications. Therefore, seller gives no warranty, express or implied, as to the quality, merchantability, workmanship or any other matter with respect to any such repairs or modifications, being those at Buyer’s cost and responsibility. 

25. SEVERABILITY. If any provision of the invoice or these Terms and Conditions is determined illegal or unenforceable, it shall not affect the enforceability of any other provision or paragraph of the invoice or these Terms and Conditions. 

26. CANCELLATION. Seller reserves the right to cancel the Sales transaction with Buyer at any moment prior the delivery of the Goods Sold, without prior notice or specified reason and no claims or request for compensations of any type shall be made by the Buyer to the Seller due the cancellation. In the event Sellers cancellation result from unique and sole decision of the Seller without breach of Buyers obligations throughout the selling process, the Seller shall return to the Buyer all funds or payment already made by the Buyer and for which Goods sold have not been delivered or made at Buyers disposal. In the event Seller cancel the Sales transaction because the Buyer fails to remit the payment when same becomes due, or fail to execute any action at Buyers responsibility as per the terms of this document, or to provide accurate information, or any other reason judged relevant by the Seller, the Seller reserves the right, among other remedies, to terminate the contract or to suspend further deliveries, applying the terms and conditions of Article 10. 

27. ACCEPTANCE and CONFIRMATION. The Buyer acknowledges and understand he has received enough information throughout the selling process with the Seller, about the terms and conditions of the related transaction, but also information on these General Sales Terms of WhiteBull Equipment, where to find it and its content. The Buyer therefore assume that while proceeding with the Purchase of Goods sold from WhiteBull Equipment is accepting these General Sales Terms and Conditions of WhiteBull Equipment Ultimately, the Buyer acknowledges and confirm that understand and accept the terms of the concerned transaction as well these General Sales Terms and Conditions of WhiteBull Equipment because is an experienced Buyer and has duly considered all aspects of this transaction and deemed it suitable and sufficient for his purposes 

Merci de nous contacter à info@whitebull-equip.com pour toute question concernant les présentes Conditions Générales de Vente