Terms & Conditions
Last updated: August 17, 2025
This website and any mobile application (collectively, this “Site”) is owned by UPSEN USA (“We”, “Us” or “UPSEN USA”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for, or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). Please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not use our Services. You represent and warrant that you are at least 18 years old or are using this Site under the supervision of a parent or legal guardian.
Privacy Policy
Our Privacy Policy, which also governs your use of this Site, can be found at [Privacy Policy]. Please review our Privacy Policy for information on how We collect, use, and share information about our users.
Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license does not permit: (a) any resale or commercial use of this Site or its content; (b) the collection and use of any product listings or descriptions; (c) the creation of derivative works from this Site or its content; or (d) the use of any data mining, robots, or similar data gathering methods on this Site. You may not use, frame, or employ framing techniques to enclose any of Our trademarks, logos, content, or other proprietary information without Our express written consent. Any violation of these Terms will result in the immediate revocation of this license without notice to you.
Account
To access certain features of this Site, you may be required to register for an account. You agree to provide accurate and complete information and to keep this information updated. You are solely responsible for the security and confidentiality of your password and user ID. You must immediately notify Us of any unauthorized use of your account. You acknowledge that you are responsible for all activities conducted through your account, whether authorized by you or not.
Electronic Communication
By using this Site or sending emails to Us, you consent to receive electronic communications from Us. You agree that all agreements, notices, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
User Content
This Site may include features that allow you to post content (“User Content”). You are solely responsible for your User Content and agree not to post any content that is unlawful, libelous, defamatory, or infringes upon any intellectual property rights. By posting User Content, you grant Us a perpetual, irrevocable, worldwide, nonexclusive, royalty-free license to use, reproduce, and display such content for any purpose.
Feedback
Any feedback, suggestions, or ideas you provide to Us (“Feedback”) will be considered non-confidential and will become Our sole property. We will be entitled to the unrestricted use and dissemination of this Feedback for any purpose without any compensation or acknowledgment to you.
Restrictions on Rights to Use
You agree not to modify, reproduce, or commercially exploit any part of this Site. You also agree not to use any automated devices to collect information from this Site, or to submit any content that contains viruses, malware, or other harmful code.
Ownership
This Site, including all content, photographs, and software (excluding User Content), is owned by Us or our licensors and is protected by applicable copyright laws. Nothing in these Terms grants you any license or right to use Our trademarks or other proprietary rights.
Purchases on this Site
All transactions may be conducted electronically. The risk of loss and title for items purchased passes to you upon our delivery of the items to the carrier. We charge applicable sales tax and shipping fees based on your location. By placing an order, you confirm that you are authorized to use the designated payment method. We reserve the right to correct errors, limit quantities, or cancel orders at any time.
Links
This Site may contain links to third-party websites. We are not responsible for the operation or content of these sites.
Termination
You may terminate these Terms by closing your account. We reserve the right to terminate your access to this Site, or any portion of it, at any time without notice.
Indemnification
You agree to indemnify and hold harmless Us and Our related parties from any claims, damages, or expenses arising from your use of this Site, your User Content, or your violation of these Terms.
Disclaimers
Except as expressly provided, this Site is provided on an “AS IS” and “WITH ALL FAULTS” basis. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Exclusivity of Remedy; Limitation of Liability
Your sole remedy for any breach of warranty is the right to return the product or receive a refund. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Remedies
You agree that for any breach of these Terms, We shall be entitled to seek specific performance or injunctive relief in addition to any damages we may be legally entitled to recover.
Modifications to Site
We reserve the right to modify or discontinue this Site or any of its features at any time without prior notice.
Severability
If any provision of these Terms is deemed invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
UPSEN USA Sales Contract, Terms of Sale, and Warranty Terms
This document sets forth the terms and conditions governing the sale of UPSEN mobile equipment (“Equipment”) by UPSEN USA (“UPSEN USA”) to the purchaser (“Customer”). By placing an order for Equipment, Customer agrees to be bound by these terms and conditions.
1. Purchase and Sale
UPSEN USA agrees to sell and Customer agrees to purchase the Equipment described in the Purchase Order, subject to these terms.
2. Price and Payment
The purchase price is as specified in the Purchase Order. Payments are due according to the attached proposal. Unpaid amounts after thirty (30) days will incur interest at a rate of one and one-half percent (1.5%) per month.
3. Tax Obligations
Customer is responsible for all applicable taxes, duties, and government charges related to this transaction.
4. Shipping and Delivery
All shipments are F.O.B. from the specified UPSEN USA facility in California. Risk of loss passes to the Customer upon delivery to the carrier. Delivery dates are estimates only.
5. Title, Risk of Loss, and Security Interest
Title and risk of loss pass to the Customer upon full payment and delivery to the carrier. UPSEN USA retains a security interest in the Equipment until paid in full.
6. Inspection and Acceptance
Customer must inspect the Equipment upon delivery and report any visible defects or damage within twenty-four (24) hours. Failure to do so constitutes acceptance.
7. Limited Warranty and Service Options
All new UPSEN mobile equipment is covered by a Standard 1-Year Manufacturer’s Warranty. This warranty is non-transferable and covers defects in materials and workmanship for a period of one (1) year from the date of delivery or 1,000 operating hours, whichever comes first.
- Standard Warranty Coverage: The standard warranty is a parts-only warranty. In the event of a covered defect, UPSEN USA will ship the necessary replacement part(s) to the Customer at no charge. The customer is responsible for all labor and other costs associated with the diagnosis, removal, and installation of the replacement part.
- Service & Support Options: UPSEN USA provides a nationwide network of field service technicians. Customers can opt for service in two ways:
- Upgraded Service Warranty Packages: Customers can purchase a service warranty package for 6, 12, or 18 months. The value of this package acts as a warranty credit to cover the costs of field technician labor and travel. If the total billable amount for services exceeds the value of the purchased package, the warranty credit is considered spent, and the service warranty will end.
- Pay-As-You-Go Service: For customers without a service warranty package, or when a package is exhausted, field service will be billed at a market rate ranging from $120-$180 per hour, plus travel and other associated expenses.
8. Warranty Activation
For the warranty to be valid, the Equipment must be registered within thirty (30) days of delivery. The Equipment must be properly operated and maintained according to the manual. The hour meter must remain functional and unaltered.
9. Warranty Exclusions
This warranty does not cover:
- Wear Components: Parts that wear down with normal use, such as belts, filters, screens, and crusher wear parts.
- Third-Party Components: Engines, transmissions, and other components covered by their original manufacturer’s warranty.
- Customer-Caused Damage: Damage resulting from improper operation, lack of maintenance, misuse, or unauthorized modifications.
- Incidental Costs: Costs for labor, transportation, travel, downtime, or lost production.
10. Maintenance Requirements
To maintain warranty coverage, Customer must strictly follow all prescribed maintenance schedules and keep detailed records, including the date, hour meter reading, work performed, and parts replaced.
11. Warranty Claim Procedure
To file a claim, Customer must notify UPSEN USA within ten (10) days of the issue and provide the Equipment model and serial number, current hour meter reading, and a detailed description of the problem, along with any supporting photos or videos.
12. Dispute Resolution
Any dispute shall first be attempted to be resolved through good-faith negotiation. If that fails, the parties agree to mandatory mediation. If mediation is unsuccessful, legal action may be pursued in the state and federal courts of Sussex County, New Jersey.
13. Cancellations and Returns
All Equipment is built-to-order. Cancellations prior to production are subject to a 25% fee. Once production has started, orders are non-cancellable and non-returnable, except in exceptional circumstances at UPSEN USA’s sole discretion. Approved returns are subject to a minimum 30% restocking fee.
Unless otherwise specified, all our equipment is built-to-order, meaning production starts as soon as your purchase order is received and accepted. Once production has started and/or once a machine is delivered, due to this made-to-order nature, returns are generally not accepted, non-cancellable and non-returnable, except under exceptional circumstances at UPSEN USA’s sole discretion such as an unresolvable manufacturing defect. Approved returns are subject to a minimum 30% restocking fee. Cancellations prior to production are subject to a 25% fee
Once a machine is delivered, it is no longer eligible for a return, refund or exchange except under exceptional circumstances at UPSEN USA’s sole discretion such as an unresolvable manufacturing defect or valid warranty claim. To initiate this process, please contact our support team.