Terms of Service

1. Acceptance and Eligibility

By accessing this website, creating an account, requesting a quote, or placing an order, you agree to these Terms of Service and the policies incorporated by reference. If you use the website for a company or other organization, you represent that you have authority to bind it.

You must be at least 18 years old and legally able to enter a contract. You may not use the website or purchase products when prohibited by applicable law.

2. Product Information

We try to provide accurate descriptions, specifications, images, compatibility information, condition, included items, lead times, and warranty information. Manufacturers and suppliers may revise products or data. Images may show optional accessories or representative configurations.

Before ordering, you are responsible for confirming details material to your application, including model, dimensions, capacity, voltage, phase, fuel, emissions designation, certifications, compatibility, site requirements, and included accessories. The written accepted order and manufacturer documentation control over general marketing content.

3. Quotes, Orders, and Acceptance

A quote is valid only for its stated period and configuration. An automated order confirmation acknowledges receipt but does not by itself accept the order, guarantee stock, or confirm final tax or delivery.

We may verify payment, identity, inventory, destination, supplier terms, tax, export restrictions, and delivery requirements before acceptance. A standard order is accepted when we send an express acceptance or shipping confirmation, or when the product ships, whichever occurs first. A custom or special order is accepted as stated in its signed quote, specification approval, or deposit terms.

We may decline or cancel an order for unavailability, inability to verify information, payment failure, suspected fraud, pricing or data error, restricted destination, supplier refusal, safety concern, or legal requirement. A payment captured for an order we cancel will be refunded as required.

4. Prices and Promotions

Prices and availability may change before acceptance. Taxes and any charge not expressly included in the displayed price are disclosed before checkout or in the accepted order. Installation, assembly, rigging, training, financing, title, registration, permits, or other optional services are included only when stated.

Compare-at or crossed-out prices use the basis described in our Pricing and Compare-at Price Policy. The current Up to 40% Anniversary Sale, when displayed, applies only to eligible equipment under its published terms. Discounts vary by product, and promotions generally cannot be combined unless stated.

If an obvious typographical, supplier-feed, configuration, tax, or technical error affects an order, we may correct it and offer you the choice to accept the corrected order or receive a refund for the affected item. We will not charge a higher corrected price without your approval.

5. Payments

You authorize the charges shown in the accepted order and represent that your payment and billing information is accurate and authorized. Payment methods are limited to those displayed at checkout. During promotional offers, certain products may require payment by ACH or wire transfer; any such requirement is clearly disclosed on the applicable product page or before checkout submission.

During promotional offers, certain products may require payment by ACH or wire transfer. Any bank-transfer requirement will be clearly displayed on the applicable product page or before checkout. Bank-transfer orders remain on hold until funds are received and verified; processing and fulfillment begin only after payment has cleared. Customers must use only the official payment instructions provided by EQUIPMENT & MATERIALS SUPPLY LLC.

6. Shipping and Delivery

Shipping is available within the United States. EQUIPMENT & MATERIALS SUPPLY LLC delivers directly to the address entered during checkout; customer pickup from a warehouse or logistics center is not required.

Free Ground Shipping is offered at $0 with an estimated delivery time of 7–14 business days. Priority Shipping is available for a flat $599.00 per order with an estimated delivery time of 5–7 business days. Business-day estimates exclude weekends and federal holidays, and tracking information is provided after dispatch. Delivery windows are estimates unless expressly guaranteed in writing.

Unless stated otherwise, freight service is curbside or dockside. You must provide accurate destination details, safe access, an authorized recipient, and properly rated unloading equipment. Customer-caused address corrections, missed appointments, storage, redelivery, or refusal without documented transit damage may be charged at actual cost.

Count and inspect shipments before signing. Visible damage and shortages should be stated specifically on the carrier receipt. Keep all packaging and report concealed issues promptly. The allocation of title and risk of loss is governed by the accepted order and applicable law; nothing in these Terms removes rights that cannot be waived.

7. Returns, Refunds, and Cancellations

The Return and Refund Policy is incorporated into these Terms. Eligible products may be returned within 35 days in accordance with that policy, and an RMA is required. Product-specific terms may make freight, custom, special-order, titled, installed, fueled, configured, used, or as-is products final sale for customer preference. These restrictions do not limit valid damage, incorrect-item, written warranty, or non-waivable legal rights.

8. Warranties

Eligible products may include manufacturer warranty coverage ranging from 1 to 5 years, depending on the product and manufacturer. A manufacturer warranty applies only when identified for the product and is subject to the manufacturer’s written terms, registration, exclusions, and claim process. Commercial-use coverage may differ.

EQUIPMENT & MATERIALS SUPPLY LLC may assist with routing a claim but does not modify or decide the manufacturer’s warranty. We do not provide a separate store warranty unless displayed in writing before purchase. Nothing here disclaims an implied warranty or remedy that applicable law does not permit us to disclaim.

9. Installation, Operation, and Safety

Equipment may involve crushing, lifting, electrical, fuel, fire, pressure, towing, fall, chemical, emissions, and other hazards. You are responsible for qualified selection, receiving, foundations, site conditions, permits, code compliance, installation, inspection, training, personal protective equipment, operation, maintenance, and disposal.

Follow all manufacturer instructions and capacity limits. Do not install, energize, fuel, tow, lift, or operate damaged, incomplete, incompatible, or incorrectly delivered equipment. Customer-service guidance does not replace a manufacturer, engineer, licensed installer, code official, safety professional, or qualified technician.

10. Applicable Titled Products

You are responsible for confirming towing and load ratings, hitch and brake compatibility, operator qualifications, insurance, licensing, title, registration, inspections, taxes, route limits, and lawful use of trailers, vehicles, and other titled products. Any title or registration service EQUIPMENT & MATERIALS SUPPLY LLC agrees to provide will be stated in writing. Delivery of a unit does not guarantee that it is registered or legal for use in every jurisdiction.

11. Taxes

We collect tax when required. Exempt purchasers must provide valid, matching documents before checkout or fulfillment and remain responsible for eligibility, use tax, and other obligations. We may validate certificates and retain supporting records.

12. Customer Accounts

You must provide accurate information, protect account credentials, and notify us of suspected unauthorized use. You are responsible for activity under your account to the extent permitted by law. We may suspend or close accounts for security, fraud, unlawful conduct, or violation of these Terms.

13. Acceptable Website Use

You may use the website only for lawful shopping, account, support, and business purposes. You may not interfere with security or operation; introduce malicious code; impersonate another person; submit fraudulent information; scrape, harvest, or systematically extract website content without written permission; misuse reviews or communications; violate intellectual-property or privacy rights; or use products or services for prohibited transactions.

Products may be subject to export, sanctions, end-use, and destination restrictions. You agree not to export, re-export, transfer, or use a product in violation of applicable law.

14. Intellectual Property

The website design, original text, graphics, software, and compilation are owned by or licensed to EQUIPMENT & MATERIALS SUPPLY LLC. Manufacturer names, marks, manuals, and product materials belong to their respective owners. No ownership is transferred except the limited right to use the website for its intended purpose.

If you submit a review, photo, or other content for publication, you represent that you have the necessary rights and grant EQUIPMENT & MATERIALS SUPPLY LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and display it in connection with the store and its promotion. This does not apply to private order or support materials except as described in the Privacy Policy.

15. Third-Party Services and Links

Payment processors, carriers, manufacturers, installers, warranty administrators, review platforms, logistics partners, and linked websites are independent third parties unless expressly stated. Their services and terms apply separately. We are not responsible for third-party content or conduct outside the extent required by law or our written commitments.

16. Website Disclaimers

To the fullest extent permitted by law, the website and its general content are provided “as is” and “as available.” We do not promise uninterrupted or error-free access. This website disclaimer does not replace an accepted order, written product warranty, or right that applicable law does not allow us to exclude.

17. Limitation of Liability

To the fullest extent permitted by law, EQUIPMENT & MATERIALS SUPPLY LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits, revenue, use, data, or business opportunity arising from the website or a transaction, even if advised that such damage may occur.

To the fullest extent permitted by law, our aggregate liability for a claim relating to a product or order will not exceed the amount paid to us for the product giving rise to the claim. These limitations do not apply to liability that cannot legally be limited, including where applicable fraud, willful misconduct, gross negligence, or personal injury caused by conduct for which limitation is prohibited.

18. Indemnification

To the extent permitted by law, you agree to defend and indemnify EQUIPMENT & MATERIALS SUPPLY LLC from third-party claims, losses, and reasonable costs arising from your unlawful use of the website, material breach of these Terms, infringement of another person’s rights, or unsafe or unlawful installation, operation, transport, or resale of a product. This obligation does not apply to the extent a claim results from EQUIPMENT & MATERIALS SUPPLY LLC’s own wrongful conduct.

19. Events Beyond Reasonable Control

Neither party is responsible for delay caused by events beyond reasonable control, such as severe weather, disaster, labor disruption, carrier interruption, war, terrorism, epidemic, cyber incident, government action, utility failure, or supplier shutdown. Payment and refund obligations already due are not excused, and consumer delay rights remain applicable.

20. Governing Law and Disputes

These Terms are governed by Florida law, without regard to conflict-of-law principles, except where federal law or a non-waivable consumer law applies. The parties consent to exclusive jurisdiction in the state and federal courts located in Miami-Dade County, Florida, except where applicable law gives a consumer the right to bring a claim elsewhere.

Before filing a claim, please send a written description and requested resolution to sales@equipmentmaterialssupply.com so the parties can attempt an informal resolution. This notice does not shorten any legal deadline.

21. General Terms

If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. A waiver must be in writing and does not waive a later breach. You may not assign an accepted order or these Terms without our consent; we may assign them in connection with a merger, reorganization, financing, or sale of business assets, subject to applicable law.

These Terms, the accepted order, product-specific terms, and incorporated policies are the complete agreement about the covered transaction. A product-specific written term controls over a conflicting general policy for that product, except that no page can waive a non-waivable legal right.

22. Changes and Contact Information

We may update these Terms prospectively by posting a revised date. The Terms in effect when an order is accepted continue to govern that order unless a change is required by law or agreed in writing.

EQUIPMENT & MATERIALS SUPPLY LLC
7494 Northwest 52nd St, Miami, Florida, USA
Email: sales@equipmentmaterialssupply.com