Last updated: 21 October 2026
These Terms and Conditions (“Terms”) govern your access to and use of the website kerdmachinery.com (the “Site”) and the purchase of machinery, attachments and spare parts offered through it. The Site is operated by Shandong Kerd Heavy Industry Machinery Co., Ltd. (“KERD”, “we”, “us”, “our”), No.238, High-tech Zone, Jining City, Shandong Province, China. By browsing the Site, sending an inquiry or placing an order, you confirm that you accept these Terms on behalf of yourself and the company you represent. If you do not accept them, please do not use the Site.
1. Use of the Site and Its Information
The Site is provided for business visitors. You agree to use it lawfully and not to interfere with its operation, attempt unauthorised access, scrape it in bulk, or republish its material without our written consent.
Product descriptions, specifications, photographs and videos are provided for general guidance only. Specifications may be revised by the manufacturer at any time without notice; illustrations may show optional equipment, attachments or configurations that are not included in the standard machine. Nothing displayed on the Site constitutes a warranty that a machine delivered will match every figure shown, and we do not warrant that the Site will be uninterrupted or error-free.
2. Inquiries, Quotations and Price Validity
We operate on a quotation basis: prices are not published on the Site. Messages you send through inquiry forms, email, WhatsApp or WeChat are requests for information, and our quotations are offers that may be withdrawn or revised before acceptance. Unless a quotation states otherwise it is valid for 30 days from its issue date and is based on:
- the specification, engine configuration and attachment set described in the quotation;
- the Incoterms 2020 basis stated in the quotation (typically EXW, FOB, CIF or CFR);
- the currency, freight, insurance, packing and marking terms stated in the quotation;
- the exclusion of import duties, taxes, registration fees, local compliance costs and any charges arising in the destination country, which are the buyer’s responsibility.
Currency fluctuations, freight rate changes, and changes to manufacturer pricing after the validity period may require a revised quotation.
3. Orders and Formation of Contract
No contract is formed by a quotation, an order form sent by the buyer, or a payment made before our acceptance. A binding contract comes into existence only when we issue a signed proforma invoice or order confirmation and we confirm receipt of the agreed deposit. That document, together with these Terms, is the entire agreement for the order.
The buyer is responsible for the accuracy of the model, quantity, voltage or engine option, shipping marks, consignee details, port of discharge and any import licence information it supplies, and for verifying them before production begins. Changes requested after order confirmation may be accepted at our discretion and charged, and may move the delivery date.
We may decline or cancel an order, with a refund of amounts already paid, where the buyer cannot be verified, where payment does not clear, where the destination or end user is subject to sanctions or export restrictions, or where performance becomes impossible or unlawful.
4. Payment Terms
- Standard terms: 30% deposit by T/T on order confirmation, balance of 70% by T/T before shipment, unless the proforma invoice states otherwise.
- Other instruments: irrevocable letter of credit at sight may be accepted for qualifying orders subject to our prior written approval and to the L/C text being acceptable to our bank.
- Costs: bank charges are borne by each party at its own end; correspondent and beneficiary-bank fees deducted from a payment are payable by the buyer.
- Overdue amounts: interest may be charged at 0.05% per day on overdue balances, or the maximum rate permitted by law, and work and shipments may be suspended until the account is cleared.
- Title: title in the goods passes to the buyer when the full price for those goods has been received; risk passes as set out in section 5.
Payments are made only to the bank account named on our signed proforma invoice. We will never change banking details by email alone. If you receive a message claiming that our account details have changed, stop and verify it with us on a known telephone number before paying.
5. Delivery, Shipping and Risk
Delivery dates are estimates based on the production schedule and are not guaranteed unless expressly confirmed in writing. Lead time runs from receipt of the deposit and of any buyer-supplied approval drawings, colours or configuration decisions. Goods are delivered on the Incoterms 2020 basis stated in the proforma invoice, and risk passes to the buyer at the point that term defines — for FOB and CIF shipments, when the goods pass the ship’s rail at the port of loading.
Machines are supplied in standard export packing suitable for ocean or land freight. Wooden packing is heat-treated and marked to ISPM 15 where the destination requires it. Buyer-specified packing, container loading plans, lashing, or additional preservation may be arranged at the buyer’s cost. Insurance is included only where the quotation states CIF or an explicit insurance line.
The buyer arranges and pays for import clearance, import licences, destination-country certification, registration and taxes, and confirms before ordering that the model, engine emission level and safety equipment are permitted in its market. Where the buyer nominates a forwarder, the goods are released to that forwarder and the buyer takes delivery at destination.
6. Inspection, Acceptance and Claims
Inspect the machine, attachments and spare parts promptly and in any event within 15 days after the goods arrive at the destination port or place. Visible shortage or transport damage must be reported to us in writing within that period, with photographs or video, the container and bill of lading numbers, the machine serial number, and a note of the damage recorded on the delivery documents.
Claims for cargo damage or shortage in transit lie against the carrier or the insurer; we will provide reasonable documentary assistance. If no conforming notice is given within the period, the goods are deemed accepted, except for defects that could not reasonably have been discovered on inspection and that are reported promptly once found. Do not install, operate, repair or modify a machine under claim without our written instruction.
7. Warranty
Unless the proforma invoice or the manufacturer’s warranty card states a different period, new machines carry a warranty of 12 months from the bill of lading date or 1,000 operating hours, whichever occurs first, covering defects in material and workmanship.
During the warranty period we will supply or exchange defective parts free of charge. Freight of replacement parts is borne by the buyer unless the failure is our clear responsibility. Fitting, labour, travel, mobile service visits, breakdown hire, and the cost of dismantling or reassembly are not covered unless separately agreed and purchased.
The warranty does not cover:
- wear and consumable parts, including blades, cutting strings, filters, belts, hoses, seals, gaskets, spark plugs, tyres, tracks, batteries, teeth, bolts and cutting edges;
- damage from misuse, overloading, collision, overturning, incorrect operation, or use outside the parameters in the operator’s manual;
- incorrect fuel, oil, coolant, hydraulic fluid or fuel grade, contaminated fuel, or the use of non-approved additives;
- unauthorised disassembly, modification, repair, welding, drilling, or the fitting of non-approved attachments;
- corrosion, paint damage, and damage from storage outdoors without protection, water ingress, freezing, or operating in conditions the machine is not rated for;
- normal ageing, cosmetic deterioration, and wear of undercarriage or ground-engaging parts;
- machines whose serial number has been altered, removed or obscured, and machines used for rental or second-hand resale beyond the original warranty period.
The warranty is given to the original buyer and is not transferable. Second-hand machines, demonstration units and machines sold “as seen” carry no warranty beyond what is expressly written on the sale document. Remote diagnosis by email, WhatsApp or video is provided free of charge; on-site engineering support can be quoted separately, including engineer rates, travel, visa and accommodation.
8. Spare Parts and Service
We supply genuine and compatible spare parts for the models we trade. Part numbers, drawings and exploded views given on request are guidance; the buyer remains responsible for confirming the correct part against its own machine’s serial number before ordering. Parts are consumables once opened or fitted and are not returnable. Where a part is claimed to be wrong, send the serial number and photographs and we will confirm before arranging an exchange.
9. Intellectual Property
All text, logos, brand names, drawings, photographs, videos, catalogues, page layouts and software on the Site are owned by us or by the manufacturers we work with and are protected by copyright and trademark law. You may download and print material for the purpose of evaluating a purchase, and you may quote factual product data internally. You may not republish, resell, mirror, use in your own marketing, register as a trade mark or company name, or use our brand name, product images or contact details to solicit our customers, without prior written permission.
Material you send us — inquiries, drawings, logos, documents — may be used by us to answer you and to perform the order. Where a buyer supplies its own brand marks for OEM use, that buyer warrants it has the right to licence them and indemnifies us against third-party claims about them.
10. Communications and Electronic Records
We correspond by email, WhatsApp, WeChat and telephone, and may use the contact details you provide for that purpose. You agree that records of these communications satisfy any requirement that a communication be in writing. Consumer messaging apps are not secure channels: do not send card numbers or passwords through them, and treat commercial terms as final only when confirmed in a signed document.
11. Export Control, Sanctions and Compliance
The buyer represents and warrants that neither it, nor any party involved in the transaction or the end user, is listed on any sanctions or restricted-party list of the United Nations, the People’s Republic of China, the United States, the European Union or the buyer’s own jurisdiction; that the goods are for legitimate civil or industrial end use; and that they will not be re-exported, transferred or diverted to a sanctioned destination, end user or prohibited programme without the required authorisations.
We may suspend or cancel an order, without liability beyond a refund of amounts paid, where continued performance would expose us to a breach of export control, sanctions or customs law, or where a licence cannot be obtained. Export licences, where required, are applied for by us and their issue is a condition of the affected shipment.
12. Limitation of Liability
To the fullest extent permitted by law, we are not liable for loss of profit, loss of revenue, loss of contract, loss of use or downtime, loss of data, or any indirect, incidental or consequential loss arising from the Site, the goods, or their use. Our total liability for a claim connected with an order is limited to the amount actually paid by the buyer for the goods or parts giving rise to the claim.
Nothing in these Terms excludes or limits liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded. These limits apply whether the claim is based on contract, tort, product liability or any other theory.
13. Force Majeure
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including earthquakes, floods, typhoons, fire, epidemics and quarantine measures, war, terrorism, civil disturbance, strikes, port, rail or container capacity shortages, shipping rate or route disruptions, government or regulatory acts, changes to export or import controls, and interruption of power, fuel, raw material or component supply. The affected party’s obligations are extended for the duration of the event, provided it notifies the other promptly and uses reasonable endeavours to resume performance.
If a force majeure event continues for more than 90 days, either party may cancel the undelivered portion of an order on written notice, and amounts prepaid for that portion are refunded without interest.
14. Assignment, Notices and General
The buyer may not assign or transfer an order without our written consent; we may assign our rights in connection with a corporate reorganisation or to a financing party. Notices to us are valid when sent to the registered address above or to the email address shown in the Site footer; notices to the buyer are valid when sent to the address or email in the order documents.
If any provision is held unenforceable, the remainder continues in effect and the provision is replaced by the closest enforceable one. Our failure to insist on a term is not a waiver of it. The parties are independent contractors and neither has authority to bind the other. Section headings are for convenience only. Where a translation of these Terms differs from the English version, the English version prevails.
15. Governing Law and Dispute Resolution
These Terms and any order are governed by the laws of the People’s Republic of China; the United Nations Convention on Contracts for the International Sale of Goods is excluded. The parties will first attempt to resolve a dispute by good-faith negotiation. If it is not resolved within 30 days, the dispute is submitted to the competent People’s Court at the seller’s place of business in Jining, Shandong Province, China, unless the parties separately agree to arbitration.
16. Changes to These Terms
We may update these Terms to reflect changes to our products, quotation practice or legal obligations. The version published on this page applies from its “last updated” date; orders already confirmed remain under the Terms in force when the contract was formed.
17. Contact Us
Questions about these Terms, or permission requests regarding Site material, can be sent to:
Shandong Kerd Heavy Industry Machinery Co., Ltd.
No.238, High-tech Zone, Jining City, Shandong Province, China
Email: anna648857591@gmail.com
Tel / WhatsApp: +86 158 5372 2452
