Terms | M.A.L.M. MACHINERY LTD.

Terms and Conditions for M.A.L.M. Machinery Ltd.

Last Updated: January, 2025

Welcome to M.A.L.M. Machinery Ltd. and our website, https://malmmachinery.com/. By accessing or using our website or purchasing equipment from M.A.L.M. Machinery Ltd. (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please do not use our website or services.

1. Definitions

“Buyer” means the individual, firm, or entity purchasing equipment from M.A.L.M. Machinery Ltd.
“Equipment” means used tractors, excavators, loaders, backhoes, or other machinery listed on our website or sold by the Company.
“Website” means https://malmmachinery.com/, including all content and services provided therein.

2. Website Use

Eligibility: You must be at least 19 years of age and legally capable of entering contracts in Canada to use our Website or purchase Equipment.
Content Accuracy: Equipment descriptions, images, and specifications are for informational purposes only. We strive for accuracy but do not guarantee completeness or suitability for your specific needs. You are responsible for inspecting Equipment before purchase.
Intellectual Property: All text, images, logos, and designs on the Website are owned or licensed by M.A.L.M. Machinery Ltd. and protected by Canadian copyright laws. Unauthorized use, reproduction, or distribution is prohibited.
Prohibited Use: You may not use the Website for unlawful purposes, to infringe intellectual property, or to interfere with its functionality.

3. Sale of Equipment

Offer and Acceptance: All Equipment listings are offers subject to prior sale. Your purchase order constitutes acceptance of these Terms, and any additional or conflicting terms in your order are void unless agreed in writing by M.A.L.M. Machinery Ltd.
As-Is Sales: All Equipment is sold “as-is” with no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, unless explicitly stated in writing. You are responsible for inspecting Equipment to ensure it meets your requirements.
Pricing: Prices are in Canadian dollars (CAD) and exclude taxes, shipping, and handling unless specified. Prices are subject to change without notice.
Payment: A non-refundable deposit (typically one-third of the purchase price) is required with your order. Full payment is due before delivery unless otherwise agreed in writing. Overdue balances incur an 18% annual interest rate, and you are liable for collection costs, including legal fees.

4. Delivery and Risk of Loss

Delivery: We offer nationwide delivery across Canada, arranged at the Buyer’s expense unless otherwise specified. Delivery timelines are estimates, and we are not liable for delays due to circumstances beyond our control (e.g., strikes, weather, or supplier issues).
Risk of Loss: Risk of loss transfers to the Buyer upon delivery or when the Equipment is handed over to the carrier, whichever occurs first.

5. Returns and Refunds

No Return Policy: Equipment is sold “as-is” with no return or refund unless explicitly stated in writing at the time of purchase. Any return privilege, if offered, requires the Buyer to prepay transportation costs and return Equipment in original condition within 30 days.
Inspection: Buyers must inspect Equipment before purchase. Acceptance of delivery constitutes acknowledgment that the Equipment meets your requirements.

6. Limitation of Liability

No Consequential Damages: To the fullest extent permitted by law, M.A.L.M. Machinery Ltd. is not liable for indirect, special, or consequential damages, including loss of profit, arising from the use, delay, or failure to deliver Equipment, except in cases of death or personal injury caused by our negligence. Our liability is limited to the purchase price of the Equipment.
Third-Party Links: Our Website may link to third-party sites for convenience. We are not responsible for their content or terms.

7. Insurance Claims

Support for Claims: We assist Buyers with insurance claims for Equipment, providing documentation and guidance to streamline the process, subject to your insurer’s terms.

8. Governing Law and Jurisdiction

Governing Law: These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes will be resolved in the courts of Ontario.
Compliance: Buyers are responsible for ensuring Equipment complies with local laws and regulations in their jurisdiction.

9. Amendments

Updates: We may update these Terms at our discretion. Changes are effective upon posting on the Website. Continued use constitutes acceptance of the updated Terms. We recommend reviewing this page periodically.
Notice: Significant changes may be communicated via a click-through banner or email, but it is your responsibility to stay informed.

10. Contact Us

For questions, concerns, or to benefit from our offers, contact M.A.L.M. Machinery Ltd. at contact@malmmachinery.com. Our team is ready to assist with your equipment needs.