Terms of Service
These terms govern all business cooperation between HARMAC and our global partners. Please review each section carefully before placing an order.
Quick Navigation
Cooperation Scope
Applicable parties, products, and territorial coverage
1.1 Applicable Parties
These Terms of Service ("Terms") apply to all business transactions between HARMAC (hereinafter "the Company") and any purchasing entity, distributor, dealer, or end-user (hereinafter "the Buyer") who engages with HARMAC for procurement of engineering machinery and related services.
1.2 Product Coverage
These Terms cover all categories of engineering machinery and equipment offered by HARMAC, including but not limited to:
1.3 Territorial Application
These Terms apply to all international transactions conducted by HARMAC, covering exports to 80+ countries across Europe, the Americas, Southeast Asia, the Middle East, Oceania, Africa, and other regions. Specific regional regulations and import requirements shall be addressed in individual purchase contracts.
1.4 Acceptance of Terms
By placing an order, signing a purchase agreement, or making any payment to HARMAC, the Buyer acknowledges and agrees to be bound by these Terms. Any modifications must be agreed upon in writing by both parties.
Order Rules
MOQ, payment terms, pricing, and delivery conditions
2.1 Minimum Order Quantity (MOQ)
MOQ requirements vary by product category and are determined at the time of quotation. Standard guidelines include:
* Bulk orders may qualify for preferential pricing. Contact our sales team for volume discount schedules.
2.2 Payment Terms
HARMAC accepts the following payment structures unless otherwise agreed in writing:
50% deposit upon order confirmation; 50% balance before shipment or against copy of Bill of Lading.
Irrevocable L/C at sight from a reputable international bank. Available for orders exceeding USD $500,000.
Available for long-term partners with established credit history. Subject to credit assessment and approval.
2.3 Pricing & Currency
All quotations are provided in USD by default. Prices are based on Incoterms® 2020 (FOB, CIF, or CFR as specified in the proforma invoice). Quoted prices remain valid for 30 calendar days from the date of issuance unless otherwise stated. Price adjustments due to raw material fluctuations, exchange rate changes, or policy modifications will be communicated in advance.
2.4 Delivery & Shipping
Estimated delivery timelines are provided upon order confirmation and vary based on product availability and customization requirements:
| Category | Standard Lead Time | Custom Orders |
|---|---|---|
| In-stock Equipment | 7 - 15 business days | N/A |
| Made-to-Order | 30 - 60 business days | 45 - 90 business days |
| Spare Parts | 5 - 10 business days | 15 - 30 business days |
* Delivery dates are estimates. HARMAC will notify the Buyer promptly of any anticipated delays. Force majeure events may extend delivery timelines.
2.5 Order Modification & Cancellation
Order modifications are accepted within 48 hours of order confirmation at no charge. Cancellations after production has commenced are subject to a restocking fee of up to 15% of the order value. Custom or made-to-order products are non-cancellable once manufacturing begins.
Customization Terms
Custom specifications, branding, and special configuration requests
3.1 Custom Configuration
HARMAC offers equipment customization to meet specific project requirements, regional regulations, or operational preferences. Customizable elements include engine specifications, hydraulic configurations, cabin features, color schemes, and attachment packages. All customization requests must be submitted in writing with detailed specifications.
3.2 OEM / Branding Services
HARMAC provides OEM branding services for qualified distributors and bulk buyers, including:
* Minimum order quantities apply for OEM/branding services. Please contact your account manager for details.
3.3 Technical Review & Approval
All customization requests undergo a technical feasibility review by HARMAC's engineering team. A detailed specification sheet and quotation will be provided within 5 - 10 business days of receiving the custom request. Production begins only after the Buyer provides written approval of the final specifications and design drawings.
3.4 Intellectual Property
Custom designs, specifications, and proprietary configurations developed for the Buyer remain confidential. HARMAC shall not reproduce or share custom designs with third parties without the Buyer's written consent. Similarly, the Buyer agrees not to replicate HARMAC's proprietary engineering solutions.
Customized equipment is manufactured to your exact specifications and cannot be returned or exchanged unless a manufacturing defect is identified. Please ensure all specifications are reviewed and confirmed before production approval.
Quality & After-Sales
Inspection standards, warranty coverage, and support services
4.1 Pre-Shipment Inspection
Every unit undergoes a comprehensive multi-stage quality inspection process before dispatch:
Complete performance testing, structural integrity check, and safety system validation at the manufacturing facility.
Secondary inspection by HARMAC's QC team including visual, functional, and documentation review against order specifications.
Buyers may arrange independent third-party inspection (e.g., SGS, Bureau Veritas) at their own expense prior to shipment.
Comprehensive photo and video records are provided to the Buyer prior to loading for final remote confirmation.
4.2 Warranty Coverage
Covers manufacturing defects in materials and workmanship. Warranty period begins from the date of delivery at the destination port (as evidenced by the Bill of Lading).
Warranty includes:
- Free replacement of defective parts (shipping charges may apply to remote locations)
- Remote technical diagnosis via video call and photo assessment
- On-site service engineer dispatch for major warranty claims (where service infrastructure permits)
- Priority access to replacement parts during warranty period
4.3 Warranty Exclusions
The warranty does not cover:
- Damage resulting from misuse, negligence, accidents, or unauthorized modifications
- Normal wear-and-tear items (filters, belts, teeth, tires, seals, lubricants)
- Failure to perform required maintenance as outlined in the operator's manual
- Use of non-approved spare parts, fluids, or attachments
- Damage caused by natural disasters, extreme weather, or force majeure events
4.4 Ongoing After-Sales Support
Beyond the warranty period, HARMAC continues to support customers with:
Liability & Dispute Resolution
Breach of contract, limitation of liability, and dispute handling
5.1 Buyer's Breach of Contract
The following constitute a breach by the Buyer, entitling HARMAC to remedies:
- a Payment Default: Failure to make payment within the agreed timeframe. A late payment fee of 0.05% per day of the overdue amount shall be charged.
- b Order Refusal: Unjustified refusal to accept delivery of goods. The Buyer shall be liable for all shipping, storage, and handling costs incurred.
- c Specification Disputes: Claims regarding specifications that were confirmed and approved by the Buyer in writing prior to production.
5.2 HARMAC's Breach of Contract
HARMAC acknowledges liability in the following scenarios:
- a Delivery Delay: If shipment is delayed beyond the agreed timeline (excluding force majeure), HARMAC shall provide a discount of 0.5% per week of the order value, capped at 5%.
- b Quality Defects: Equipment delivered with confirmed manufacturing defects shall be repaired, replaced, or refunded at HARMAC's discretion within a reasonable period.
- c Specification Mismatch: If delivered equipment does not match the confirmed order specifications, HARMAC shall remedy the discrepancy at its own expense.
5.3 Limitation of Liability
HARMAC's total liability under any contract shall not exceed the total value of the specific order in question. In no event shall HARMAC be liable for indirect, incidental, consequential, or punitive damages, including but not limited to loss of revenue, project delays, or business interruption, arising from any cause under these Terms.
5.4 Force Majeure
Neither party shall be held liable for failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, wars, pandemics, government sanctions, port closures, and supply chain disruptions. The affected party must notify the other in writing within 7 days of such an event occurring.
5.5 Dispute Resolution
In the event of a dispute, both parties agree to resolve the matter through the following escalation process:
Both parties shall first attempt to resolve the dispute through friendly negotiation within 30 days of written notice.
If negotiation fails, the dispute shall be submitted to a mutually agreed mediator. Mediation costs shall be shared equally between both parties.
If mediation is unsuccessful, the dispute shall be referred to the China International Economic and Trade Arbitration Commission (CIETAC) for final and binding arbitration under its rules. The place of arbitration shall be Beijing, China. The language of arbitration shall be English.
5.6 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, and where applicable, the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Have Questions About These Terms?
Our legal and sales teams are here to clarify any clauses and ensure a smooth cooperation experience. Don't hesitate to reach out.