TERMS & CONDITIONS OF SALE OF EQUIPMENT

These terms and conditions of sale (“Terms & Conditions”) are binding upon Buyer and Komplet America LLC, a New Jersey limited liability company (“Seller”).

1. ACCEPTANCE. All sales of Komplet crushers, screeners, shredders and other equipment by Seller (“Equipment”) are subject to and expressly conditioned upon these Terms & Conditions. Seller’s acceptance of any sales order for the sale of any Equipment is expressly subject to these Terms & Conditions. No variations to these Terms & Conditions will be binding upon Seller unless agreed to in writing by an officer of Seller. All orders are subject to acceptance at Seller’s location in Hillsborough, New Jersey.
2. TAXES. All taxes and duties (including any sales or use taxes, transfer, title or registration fees, VAT, import duties, and any related penalties, fines, or interest) imposed by any governmental authority will be the responsibility of the Buyer. If Seller pays any such taxes or duties, Buyer will reimburse Seller for same.
3. DELIVERY. Shipping dates submitted are approximate. All shipment dates are subject to delays by reasons beyond Seller’s control. All shipments are FCA Hillsborough, New Jersey, unless otherwise noted on the sales order. Seller ships Equipment within North and Central America only. Buyer will be responsible for transportation of all Equipment from Seller’s shipping point noted on the sales order. Risk of loss with respect to the Equipment (including any damage in transit) passes to Buyer at the moment that Buyer or Buyer’s carrier takes possession of the Equipment at Seller’s shipping point noted on the sales form. Buyer will indemnify, defend, and hold Seller harmless from and against any and all damages and losses incurred in connection with the transportation of Equipment by Buyer or Buyer’s carrier, and for any acts or omissions of Buyer after taking possession of the Equipment. Buyer agrees to ensure that Buyer or Buyer’s carrier maintains full insurance coverage for damages and losses that may be incurred in transit or otherwise from the moment Buyer or Buyer’s carrier takes possession. It is the Buyer’s responsibility to inspect and accept the Equipment at the shipping point. If the Buyer is unable to accept delivery at the shipping point, Buyer agrees that Buyer is responsible for all costs and fees associated with storage or shipping of the Equipment from that time and location.
4. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES. Buyer acknowledges that Seller is an authorized distributor and service provider, and is not the manufacturer of the Equipment. The Equipment is covered by a limited Manufacturer’s Warranty. Seller provides no warranty other than to the extent of the original Manufacturer’s Warranty.

THE MANUFACTURER’S WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, AND NO PERSON OR ENTITY IS AUTHORIZED TO ASSUME FOR SELLER ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THE EQUIPMENT OR ITS PARTS. IN NO EVENT SHALL SELLER BE LIABLE FOR LOST PROFITS, LOSS OF PRODUCTION OR DAMAGE TO MATERIALS, INJURY TO PERSONS, OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE, RELATING TO THE SALE OF ANY EQUIPMENT OR RELATED SERVICE. SELLER’S LIABILITY WITH RESPECT TO THE SALE OF EQUIPMENT OR RELATED IS LIMITED TO THE AMOUNT OF BUYER’S DAMAGES UP TO THE PRICE PAID TO SELLER FOR THE EQUIPMENT OR SERVICE. IN NO EVENT WILL SELLER BE LIABLE TO BUYER IN EXCESS OF THE PRICE PAID BY BUYER.

5. REPAIRS; SERVICE. Seller is authorized to perform repairs and service on Komplet Equipment. Seller only performs such services within the United States. Unauthorized third party repairs or services on the Equipment will void the Manufacturer’s Warranty. Buyer is responsible for the costs of all repair and service which are not covered by the manufacturer’s warranty, including any reasonably required travel, lodging, and shipping incurred in connection with such repair or service.
6. PAYMENTS; LATE PAYMENTS; SECURITY INTEREST. Payment due dates are set forth on the Sales Order. Payment in full is required before shipment. Late payments are subject to interest rate charges at the rate of 1.5% per month on any unpaid balance. In the event of any unpaid balance owed in connection with the sale of the Equipment, Buyer grants Seller a security interest in the Equipment to secure such balance. Buyer authorizes Seller to file any financing statements or similar documents which may be required to perfect Seller’s security interest, and Buyer will fully cooperate to complete such documents.
7. SOLVENCY. Buyer represents and warrants that Buyer is solvent and able to pay the purchase price and associated costs for shipment and insurance, as applicable.
8. INDEMNITY. Buyer agrees to indemnify, defend, and hold Seller harmless from all actions, claims, or demands by any person or entity arising from the Equipment’s operation, use or misuse, Seller or Buyer modifications, or regarding any product made or handled by the Equipment, including any claims for bodily injury or property damage, except all such actions, claims, or demands based on a breach or negligence of Seller. Buyer further indemnifies Seller against any liability, loss, cost, damage, or expense (including reasonable attorney fees) arising out of Buyer’s resale of the Equipment. Buyer understands that any modifications made to the Equipment by Seller or Buyer are outside of manufacturer’s original Equipment design and may void manufacturer’s standard warranty.
9. FORCE MAJEURE. Seller will not be in default or have breached these Terms & Conditions for any failure or delay in fulfilling or performing any of the terms hereof when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Seller’s reasonable control, including without limitation acts of God, flood, fire, weather, earthquake, explosion, governmental acts or orders, war, invasion or hostilities, terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, strikes or other labor disputes (whether or not relating to Buyer or Seller’s workforces), or restraints or delays affecting carriers or inability or delay in obtaining supplies of materials, telecommunications breakdowns, or power outages.
10. SEVERABILITY. If any portion of these Terms & Conditions is, for any reason, held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect other provisions of these Terms & Conditions, and these Terms & Conditions will be construed as if such provision had never been contained herein.
11. ARBITRATION. Any controversy or claim arising out of or relating to these Terms & Conditions or the sale of Equipment, or any breach thereof, will be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties agree that the claim or controversy will be heard and decided by a three (3) member arbitration panel, unless the parties agree to accept a single arbitrator. Any arbitrators selected must have experience as an arbitrator resolving similar disputes in New Jersey. The place of arbitration will be Somerset County, New Jersey.

BUYER AND SELLER HEREBY WAIVE ANY RIGHTS TO A TRIAL BY JURY.

12. CHOICE OF LAW. Buyer and Seller agree that the sale of the Equipment, these Terms & Conditions, and any related claims will be governed by the laws of the State of New Jersey, specifically the Uniform Commercial Code as adopted in the State of New Jersey, without regard to conflict of laws principles which may result in any other law being applied. Arbitration proceedings will be governed by the law of the State of New Jersey.
13. VENUE AND JURISDICTION. Buyer and Seller agree that the proper jurisdiction and venue of any dispute resolution shall be in Somerset County, New Jersey.
14. ENTIRE AGREEMENT. The sales order and these Terms & Conditions constitute the entire and complete understanding of Buyer and Seller regarding the sale of the Equipment. These Terms & Conditions supersede all prior agreements and understandings, whether oral or written, regarding the subject matter herein.

SUPPLEMENTAL ADDENDUM — SHIPPING, DELIVERY & PLATFORM DISCLOSURES

The following sections (15 through 17) are supplemental to and incorporated into the Komplet America LLC Terms & Conditions of Sale set forth above. All capitalized terms not defined herein have the meanings ascribed to them in the Terms & Conditions. This Addendum is published to satisfy applicable platform and regulatory disclosure requirements, including those of Google Merchant Center, and does not alter the binding legal terms of sale between Buyer and Seller.

SHIPPING & DELIVERY INFORMATION — ON-DISPLAY / IN-STOCK EQUIPMENT

The following information is provided in accordance with Google Merchant Center shipping disclosure requirements.

Estimated Delivery Time:  In-stock units are prepared and available for carrier pickup within 3–5 business days of receipt of full payment. Freight transit to Buyer’s destination typically adds 3–10 business days depending on location within North and Central America. Total estimated delivery: 6–15 business days from full payment receipt.

Shipping Cost:  Shipping costs are based on Buyer’s final delivery destination and are subject to freight carrier quotes provided at the time of purchase. No fixed shipping rate applies due to the size and weight of the equipment. To receive a freight estimate prior to purchase, contact Komplet America at (908) 734-9015 or visit kompletamerica.com/contact-us/.

Shipping Method:  Specialized flatbed, stepdeck, or lowboy freight carrier arranged by Seller or Buyer. All shipments originate FCA (Free Carrier) from Komplet America LLC’s facility at 749 Clawson Ave., Hillsborough, NJ 08844. Standard parcel carriers (UPS, FedEx, USPS, etc.) are not applicable for equipment sales.

Shipping Area:  North and Central America. Equipment is not shipped outside of North and Central America.

Order & Payment:  Payment in full is required before equipment is prepared for shipment. Orders are confirmed via written Sales Order. Contact Komplet America at (908) 734-9015 to place an order or request a quote.

15. SHIPPING AND DELIVERY POLICY — ON-DISPLAY AND IN-STOCK EQUIPMENT

15.1  Scope

This section applies to all Equipment physically present and on display at Komplet America LLC’s facility located at 749 Clawson Ave., Hillsborough, New Jersey 08844 (“Facility”), including new, demonstrator, and pre-owned units listed or advertised as available inventory.

15.2  Estimated Delivery Timeline

For in-stock units, Equipment is typically prepared and made available for carrier pickup within 3–5 business days of Seller’s receipt of full payment and all required completed documentation. That preparation period encompasses documentation processing and payment verification (1–2 business days) and pre-delivery inspection and equipment preparation (1–3 business days). Freight transit from the Facility to Buyer’s destination within North and Central America typically adds 3–10 business days depending on delivery location. The total estimated delivery window for in-stock units is therefore 6–15 business days from full payment receipt. All timeframes are estimates only and may vary based on equipment condition, pre-delivery inspection findings, carrier availability, destination, force majeure events as described in Section 9, and other circumstances beyond Seller’s reasonable control. Seller will confirm equipment readiness with Buyer prior to carrier pickup. Freight transit time is entirely dependent on Buyer’s chosen carrier and is not within Seller’s control.

15.3  Shipping Costs

All Equipment is sold on FCA (Free Carrier) terms from Hillsborough, New Jersey, as stated in Section 3 of the Terms & Conditions. Shipping costs are based on Buyer’s final delivery destination and are subject to freight carrier quotes provided at the time of purchase. No fixed freight rate applies because Komplet America’s Equipment consists of heavy industrial machinery ranging from approximately 7,000 lbs to over 50,000 lbs requiring specialized flatbed or lowboy transport, to which standard parcel or common carrier shipping rates do not apply. Buyers are encouraged to contact Komplet America at (908) 734-9015 or kompletamerica.com/contact-us/ to request a freight estimate prior to finalizing their purchase.

Buyer is solely responsible for engaging a licensed specialized freight carrier; all freight costs, fuel surcharges, tolls, and accessorial charges from the Facility to Buyer’s destination; all oversize and overweight load permits required along the transport route; full cargo insurance from the moment Buyer’s carrier takes possession through final delivery; all customs duties, import fees, or cross-border charges applicable to shipments within North and Central America; all costs associated with loading, rigging, and securing Equipment onto Buyer’s carrier at the Facility and unloading at the destination; and advance coordination with Seller’s operations team at least 48 hours prior to scheduled carrier pickup.

15.4  No On-Site Delivery by Seller

Komplet America LLC does not deliver Equipment to Buyer’s job site, facility, or any other location. Equipment is made available for Buyer’s carrier pickup at the Facility in Hillsborough, New Jersey only. Any delivery arrangements beyond pickup must be made independently by Buyer.

15.5  On-Display Equipment Condition and Inspection

Equipment on display at the Facility may be demonstrator units that have been operated for demonstration purposes. All on-display Equipment is sold in “as-is, where-is” condition unless Seller expressly provides written notice of reconditioning performed. Buyer is encouraged to inspect Equipment at the Facility prior to purchase. Any discrepancies noted at the time of carrier pickup must be documented on the carrier’s Bill of Lading before the Equipment leaves the Facility. Seller shall not be responsible for damage claims not noted on the Bill of Lading at pickup.

16. PRODUCT INFORMATION AND PLATFORM COMPLIANCE DISCLOSURES

16.1  Product Listings and Third-Party Platforms

Komplet America LLC may list Equipment and pricing information on third-party platforms including Google Merchant Center to facilitate buyer discovery. All listings are subject to these Terms & Conditions. In the event of any discrepancy between a third-party platform listing and kompletamerica.com or a formal Sales Order issued by Seller, the kompletamerica.com product page or Sales Order shall govern.

16.2  Pricing and Availability

All Equipment prices are subject to change without notice based on manufacturer pricing adjustments, availability, applicable options and attachments, and current market conditions. Displayed prices do not include taxes, shipping, freight, insurance, permits, installation, or commissioning fees. Komplet America LLC reserves the right to decline or modify any order where a listed price contains a typographical error or is otherwise inaccurate. Contact Komplet America LLC at (908) 734-9015 or kompletamerica.com to confirm current pricing before finalizing any purchase decision.

16.3  Order Confirmation

No purchase is final until Seller issues a written Sales Order and receives full payment as required under Section 6 of the Terms & Conditions. Submission of an inquiry, request for quote, or expression of interest through any platform does not constitute a binding purchase agreement.

17. GENERAL INFORMATION DISCLAIMER

THE INFORMATION PROVIDED ON KOMPLETAMERICA.COM, IN PRODUCT LISTINGS, IN MARKETING MATERIALS, IN BLOG ARTICLES, AND ON ANY THIRD-PARTY PLATFORM BY KOMPLET AMERICA LLC IS FURNISHED FOR GENERAL INFORMATIONAL AND MARKETING PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, INVESTMENT, TAX, ENGINEERING, OR PROFESSIONAL ADVICE OF ANY KIND.

KOMPLET AMERICA LLC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF ANY PUBLISHED INFORMATION. ANY RELIANCE PLACED ON SUCH INFORMATION IS STRICTLY AT BUYER’S OWN RISK.

EQUIPMENT PERFORMANCE DATA, PRODUCTION RATES, OUTPUT SPECIFICATIONS, ESTIMATED ROI, PAYBACK PERIODS, FUEL CONSUMPTION ESTIMATES, AND SIMILAR FIGURES ARE PROVIDED AS GENERAL PERFORMANCE BENCHMARKS UNDER TYPICAL CONDITIONS. ACTUAL RESULTS WILL VARY DEPENDING ON MATERIAL COMPOSITION, JOB SITE CONDITIONS, OPERATOR EXPERIENCE, LOCAL REGULATORY REQUIREMENTS, MAINTENANCE PRACTICES, AND OTHER FACTORS BEYOND SELLER’S CONTROL. KOMPLET AMERICA LLC MAKES NO GUARANTEE OF SPECIFIC PERFORMANCE RESULTS OR FINANCIAL RETURNS.

THIS ADDENDUM AND THE TERMS & CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY AS STATED IN SECTION 12. NOTHING HEREIN SHALL BE CONSTRUED AS CREATING ANY WARRANTY, REPRESENTATION, OR LIABILITY BEYOND WHAT IS EXPRESSLY SET FORTH IN THE TERMS & CONDITIONS OF SALE. ANY INFORMATION PUBLISHED BY KOMPLET AMERICA LLC IS NOT INTENDED TO AND SHALL NOT BE USED AGAINST SELLER IN ANY LEGAL, REGULATORY, OR ADMINISTRATIVE PROCEEDING AS AN ADMISSION, GUARANTEE, OR BINDING COMMITMENT BEYOND A FULLY EXECUTED SALES ORDER AND THESE TERMS & CONDITIONS.

Komplet America LLC reserves the right to update or modify this Addendum at any time without prior notice. The current version published at kompletamerica.com/terms-conditions/ shall govern all transactions from its publication date. For questions regarding shipping, delivery timelines, Equipment availability, pricing, or any other matter addressed in this Addendum, contact Komplet America LLC by phone at (908) 734-9015, in writing at 749 Clawson Ave., Hillsborough, NJ 08844, or online at kompletamerica.com/contact-us/.

Disclaimer: Sections 15–17 above are published solely to satisfy third-party platform disclosure requirements including Google Merchant Center and do not alter, waive, or supersede any provision of the Komplet America LLC Terms & Conditions of Sale. All sales of Equipment by Komplet America LLC remain exclusively subject to the Terms & Conditions, which govern the entire agreement between Buyer and Seller. The estimated delivery window of 6–15 business days represents a typical in-stock scenario and is not a guarantee. Shipping costs are based on Buyer’s final destination within North and Central America and are subject to freight carrier quotes at the time of purchase; no fixed freight rate is guaranteed. Buyers are solely responsible for independently verifying all shipping costs, transit times, equipment specifications, and regulatory compliance requirements applicable to their specific purchase and jurisdiction.