Terms of service

COMMERCIAL SHEARING USA LLC

TERMS AND CONDITIONS OF SALE

Effective Date: [January 1st 2026]

These Terms and Conditions (“Terms”) govern all sales of products (“Products”) by Commercial Shearing USA LLC, a Florida limited liability company (“CSUSA,” “we,” “us,” or “Seller”) to any customer (“Buyer”).

By placing an order, submitting payment, or accepting delivery, Buyer agrees to be bound by these Terms.

1. Role of Commercial Shearing USA LLC

CSUSA acts as the exclusive U.S. distributor of hydraulic components manufactured by Commercial Shearing (Pty) Ltd, South Africa (“Manufacturer”).

All Products are manufactured in South Africa and shipped directly from the Manufacturer’s facility to Buyer.

2. Pricing & Payment

  • All prices are quoted in U.S. Dollars (USD) unless otherwise stated.
  • Prices are valid for 30 days unless otherwise specified.
  • Full payment is required prior to release of goods.
  • CSUSA reserves the right to adjust pricing due to raw material costs, currency fluctuations, or supplier changes.

3. Shipping, Title & Risk of Loss

All Products are shipped FCA (Free Carrier) – Manufacturer’s Facility, South Africa (Incoterms® 2020).

Title and risk of loss transfer to Buyer at the time Products are made available to Buyer’s carrier at the South African facility.

Buyer is solely responsible for:

  • Freight arrangements
  • Insurance
  • Customs clearance
  • Import duties, taxes, and fees

CSUSA is not responsible for delays, loss, damage, or costs incurred during transit or customs processing.

4. Delivery Dates

All delivery dates are estimates only. CSUSA is not liable for delays caused by manufacturing schedules, carriers, customs authorities, or force majeure events.

5. Warranty

Products are warranted by the Manufacturer to be free from defects in material and workmanship for six (6) months from shipment.

THIS WARRANTY IS EXCLUSIVE.
CSUSA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. Claims & Inspection

Buyer must inspect Products immediately upon receipt.

  • Shortages: Report within 10 days
  • Defects or nonconformity: Report within 30 days
  • Failure to notify within these periods constitutes acceptance.

7. Limitation of Liability

CSUSA’s liability is limited, at its option, to:

  • Repair
  • Replacement
  • Refund of purchase price

IN NO EVENT SHALL CSUSA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

Maximum liability shall not exceed the purchase price of the Products.

8. Buyer Responsibility & Use

Buyer is solely responsible for:

  • Product selection
  • Application suitability
  • Compliance with safety and industry standards

9. Cancellation & Modifications

Orders may not be canceled or modified without written consent from CSUSA and may be subject to restocking or cancellation fees.

10. Force Majeure

CSUSA shall not be liable for failure or delay caused by events beyond reasonable control, including acts of God, labor disputes, governmental actions, or supply chain disruptions.

11. Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Venue shall lie exclusively in state or federal courts located in Florida.

12. Entire Agreement

These Terms constitute the entire agreement between Buyer and CSUSA and supersede all prior communications.

 

 

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