Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Burki Heavy Equipment ("Company," "we," "us," or "our") governing your access to and use of our website, products, and services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Burki Heavy Equipment provides:

- Heavy equipment sales (new and used construction and marble mining machinery)

- Equipment rental and leasing services

- Parts supply and distribution

- Maintenance, repair, and technical support services

- Operator training and certification programs

- Equipment financing facilitation

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

Some features of our services may require you to register for an account. You agree to:

- Provide accurate, current, and complete information during registration

- Maintain and promptly update your account information

- Maintain the security of your password and account

- Notify us immediately of any unauthorized use of your account

- Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

Equipment and service pricing is subject to change without notice. Prices displayed on our website are not binding until confirmed in a written quote or invoice.

Payment terms are specified in individual sales agreements, service contracts, or invoices. Unless otherwise agreed:

- Payment is due upon receipt of invoice or as specified in the agreement

- Accepted payment methods include bank transfer, credit card, or financing (subject to approval)

- Late payments may be subject to interest charges and collection fees

- We reserve the right to suspend services for non-payment

All prices are exclusive of applicable taxes, shipping, and handling fees unless stated otherwise.

While we strive to accurately represent equipment condition, specifications, and availability:

- Equipment descriptions and specifications are provided for general information only

- We recommend professional inspection of used equipment before purchase

- Equipment is sold "as-is" unless covered by manufacturer warranty or our service guarantee

- Availability is subject to prior sale

- Images and specifications may vary from actual equipment

New equipment is covered by the manufacturer's warranty as specified in the manufacturer's warranty documentation. We facilitate warranty claims but do not extend or modify manufacturer warranties.

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, ALL EQUIPMENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

- Our services will meet your specific requirements

- Our services will be uninterrupted, timely, or error-free

- Equipment will operate without defects or breakdowns

- Any information obtained through our services will be accurate or reliable

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURKI HEAVY EQUIPMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Burki Heavy Equipment and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

- Your use of our services

- Your violation of these Terms

- Your violation of any rights of third parties

- Your operation or maintenance of equipment purchased or rented from us

- Any negligence or willful misconduct on your part

All content on our website and in our materials, including text, graphics, logos, images, videos, and software, is the property of Burki Heavy Equipment or its content suppliers and is protected by intellectual property laws.

You may not:

- Copy, modify, distribute, or reproduce our content without permission

- Use our trademarks or branding without authorization

- Reverse engineer or decompile any software or technology

- Remove copyright or proprietary notices from any content

These Terms shall be governed by and construed in accordance with the laws of [TBD - Client to specify jurisdiction], without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or our services shall be resolved through:

1. Good faith negotiations between the parties

2. Mediation, if negotiations fail

3. Binding arbitration or litigation in the courts of [TBD - jurisdiction]

Each party agrees to submit to the exclusive jurisdiction of such courts.

We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination:

- Your right to use our services will immediately cease

- Outstanding payment obligations remain in effect

- Equipment rental or lease agreements are subject to their individual terms

- Provisions that by their nature should survive termination will survive

Entire Agreement: These Terms constitute the entire agreement between you and us regarding our services.

Amendments: We may modify these Terms at any time by posting updated Terms on our website. Continued use constitutes acceptance of the modified Terms.

Severability: If any provision of these Terms is found invalid, the remaining provisions will remain in effect.

Waiver: Failure to enforce any provision does not constitute a waiver of that provision.

Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

For questions about these Terms of Service, please contact us: