UP EQUIPMENT USA – TERMS & CONDITIONS
Last updated: October 2025
1. Acceptance of Terms
By submitting a quote request form, accepting a quote from UP Equipment USA, placing an order, making a payment, or otherwise engaging with our services or products, you agree to be bound by these Terms & Conditions (“Terms”). These Terms govern your use of our website, services, and transactions with UP Equipment USA (also “we”, “us”, or “our”).
2. Scope & Services
We provide both sales and rental of equipment and related services within the United States. These Terms apply to all transactions, whether for purchase or lease/rental.
3. Changes to Terms
We may modify these Terms at any time. Changes become effective when posted on our website. By continuing to use our services or submitting transactions after those changes, you accept the revised Terms.
4. Orders, Quotes & Acceptance
Your submission of a quote request does not constitute a binding agreement. We reserve the right to accept, reject, or modify any order or quote at our discretion. If a quote is accepted, the binding agreement is formed at acceptance. In case of partial or full cancellation, we will refund any amounts paid for unfulfilled portions.
5. Payment & Financial Terms
For sales, payment is due according to the agreed terms (e.g. upfront, net 30, etc.). For rentals/leases, you agree to pay all agreed rental payments, deposits, fees, and any applicable taxes or charges. We may preauthorize credit, require security deposits, or hold other collateral as needed.
6. Delivery, Shipment & Risk of Loss
For sales, risk transfers to you upon delivery to the carrier or address agreed. For rentals, you are responsible for safe return, any damage, and for risk during the rental period. You are liable for transportation, insurance, customs (if applicable), and regulatory compliance.
7. Returns, Repairs & Maintenance
For rented equipment, you must return in the same condition (normal wear excepted). You’ll be charged for damage, loss, or cleaning. For purchased equipment, warranty, repair, and return policies will be set forth in the quote or purchase agreement. All warranties are subject to compliance with federal law (including the Magnuson‑Moss Warranty Act) and any state consumer protection statute.
8. Intellectual Property & Use Restrictions
All content on our website (text, logos, images, designs) is our property or licensed. You may not copy, distribute, alter, or exploit it without our express written permission.
9. User‑Generated Content & Feedback
If you send us feedback, reviews, or other content (images, videos), you grant us a perpetual, irrevocable, royalty‑free license to use, reproduce, translate, adapt, publish, display, and distribute that content worldwide without further approval or compensation.
10. Disclaimers & Limitation of Liability
We provide our website, services, and information “as is” and without warranties. Any warranties on equipment are limited to those provided by manufacturers. To the fullest extent permitted by law, we disclaim indirect, incidental, special, consequential damages. These limitations do not apply to personal injury or property damage caused by our gross negligence or willful misconduct.
11. Governing Law & Venue
These Terms are governed by the Federal Arbitration Act and applicable U.S. federal law. Where federal law does not apply or is silent, the laws of the State of Florida will apply, excluding conflict-of-law rules. Any dispute not resolved via arbitration must be brought in the state or federal courts located in that state, and both parties consent to that exclusive jurisdiction.
12. Dispute Resolution & Arbitration
Informal resolution: Prior to initiating arbitration, the parties will attempt to resolve any dispute via written notice and informal negotiation over 60 days. Arbitration agreement: If unresolved, all disputes arising from or relating to these Terms, services, or products will be resolved by binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in the county where you reside or another mutually‑agreed location. No class actions: disputes will be arbitrated individually. You may opt out of arbitration within 30 days of accepting these Terms by sending written notice to our legal department. The arbitrator’s award is final and binding.
13. Severability & Survival
If any provision of these Terms is invalid or unenforceable under applicable law, that provision will be severed but the remainder will remain in full force. Obligations that by their nature survive termination (e.g. indemnities, dispute resolution) will continue.
14. Indemnification
You agree to indemnify, defend, and hold us harmless from any losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, misuse of our services, or violation of law.
15. Termination & Suspension
We may suspend or terminate your access to our services or decline your orders at any time, for any reason, including if you violate these Terms.
16. Notices
Any notices required under these Terms will be sent electronically (email) or to the address you provide. Notice is effective when sent, unless laws require otherwise.
