Terms of service

Spare Fleet Terms and Conditions for Buyers

Effective Date: April 11, 2025

Welcome to Spare Fleet. These Terms and Conditions (“Terms”) govern all purchases of inventory, including off-lease computers, ICT equipment, data center equipment, test equipment, and industrial equipment (“Equipment”), from Spare Fleet (“we,” “us,” or “Spare Fleet”) by registered buyers (“you” or “Buyer”). By registering as a buyer and/or submitting a Request for Quote (RFQ) or placing an order, you agree to be bound by these Terms and the Buyer Agreement referenced herein. Please read these Terms carefully before engaging in any transaction with Spare Fleet.

1. Buyer Registration and Agreement

1.1 Registration Requirement: All purchases from Spare Fleet are restricted to registered buyers. To become a registered buyer, you must complete the registration process, providing accurate and complete information, including your company name, contact details, and any additional information requested by Spare Fleet.

1.2 Buyer Agreement: All sales to registered buyers are subject to the Spare Fleet Buyer Agreement, which is incorporated into these Terms by reference. The Buyer Agreement outlines additional obligations, including payment terms, delivery expectations, and warranty details (if applicable). Upon registration, you will receive a copy of the Buyer Agreement, which must be accepted prior to any purchase.

1.3 Eligibility: Spare Fleet reserves the right to refuse registration or sales to any individual or entity at our sole discretion, including but not limited to those who fail to meet our eligibility criteria or provide inaccurate information.

2. Purchasing Process

2.1 Request for Quote (RFQ): Spare Fleet operates primarily through an RFQ process. Buyers may submit an RFQ specifying the desired Equipment, quantity, and delivery requirements. Spare Fleet will respond with a quote detailing pricing, availability, condition, and applicable terms, valid for a specified period.

2.2 Order Confirmation: A purchase is finalized only when Spare Fleet issues a written order confirmation, referencing the accepted quote and any additional terms agreed upon. No order is binding until confirmed by Spare Fleet in writing.

2.3 Pricing and Availability: All prices quoted are exclusive of taxes, shipping, and handling unless otherwise stated. Equipment availability is subject to change, and Spare Fleet does not guarantee stock until an order is confirmed.

2.4 Payment Terms: Payment terms are outlined in the Buyer Agreement and may require full payment upfront, partial deposits, or other arrangements based on the order size and buyer status (e.g., wholesale vs. standard). All payments must be made in the currency specified in the quote via approved methods (e.g., bank transfer, credit card).

3. Wholesale Transactions

3.1 As Is and Final: All wholesale transactions, defined as bulk purchases by buyers registered as wholesale partners, are sold on an “as is” basis and are final. No returns, refunds, or exchanges will be accepted for wholesale purchases unless explicitly agreed in writing by Spare Fleet prior to the sale.

3.2 Wholesale Buyer Responsibilities: Wholesale buyers are responsible for inspecting Equipment upon delivery and assume all risks related to condition, performance, and suitability. Spare Fleet makes no warranties, express or implied, for wholesale transactions beyond those explicitly stated in the order confirmation.

3.3 Wholesale Discounts: Wholesale buyers who take a stocking position and agree to handle their own service and warranties may qualify for discounted pricing, as outlined in the Buyer Agreement or order confirmation.

4. Standard Business Purchases (Non-Wholesale)

4.1 Warranty and Service: For non-wholesale purchases, Spare Fleet provides a limited warranty and service on Equipment sold to business customers, as detailed in the Buyer Agreement. The warranty covers defects in materials and workmanship under normal use for the specified period, subject to proper maintenance and usage by the Buyer.

4.2 Inspection and Acceptance: Buyers must inspect Equipment upon delivery and notify Spare Fleet of any discrepancies or defects within [X] business days (to be specified in the Buyer Agreement). Failure to report issues within this period constitutes acceptance of the Equipment as delivered.

4.3 Returns and Refunds: Returns or refunds for non-wholesale purchases are subject to the terms of the Buyer Agreement and may be granted only for defective Equipment covered under warranty, at Spare Fleet’s discretion. All returns require prior authorization and must comply with Spare Fleet’s return procedures.

5. Delivery and Risk of Loss

5.1 Delivery Terms: Delivery timelines, costs, and methods will be specified in the order confirmation. Spare Fleet will use commercially reasonable efforts to meet requested delivery schedules but is not liable for delays beyond our control.

5.2 Risk of Loss: Risk of loss or damage to Equipment transfers to the Buyer upon delivery to the carrier for wholesale transactions or upon receipt by the Buyer for standard purchases, unless otherwise agreed in writing.

5.3 Shipping Costs: Buyers are responsible for all shipping, handling, and insurance costs unless otherwise stated in the order confirmation.

6. Equipment Condition and Representations

6.1 Off-Lease Equipment: All Equipment sold by Spare Fleet is off-lease and pre-owned unless explicitly stated otherwise. Spare Fleet endeavors to provide accurate descriptions of Equipment condition (e.g., “well-maintained,” “refurbished”), but Buyers are responsible for verifying suitability for their intended use.

6.2 No Additional Warranties: Except as provided in the Buyer Agreement for non-wholesale purchases, Spare Fleet makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, for any Equipment sold.

6.3 Compliance: Buyers are responsible for ensuring Equipment complies with applicable laws, regulations, and industry standards in their jurisdiction, including safety and environmental requirements.

7. Limitation of Liability

7.1 General Limitation: To the fullest extent permitted by law, Spare Fleet’s liability for any claim arising from the sale or use of Equipment shall not exceed the purchase price paid by the Buyer for the Equipment in question.

7.2 No Consequential Damages: Spare Fleet is not liable for any indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, downtime, or business interruption, arising from the purchase, use, or performance of Equipment.

7.3 Force Majeure: Spare Fleet is not liable for delays or failures to perform due to events beyond our reasonable control, including but not limited to natural disasters, labor disputes, or supply chain disruptions.

8. Intellectual Property and Confidentiality

8.1 No Transfer of IP: The purchase of Equipment does not grant the Buyer any rights to Spare Fleet’s trademarks, logos, or proprietary information unless expressly agreed in writing.

8.2 Confidentiality: Buyers agree to treat all pricing, quotes, and terms provided by Spare Fleet as confidential and not to disclose such information to third parties without prior written consent, except as required by law.

9. Termination and Suspension

9.1 Termination by Spare Fleet: Spare Fleet may terminate or suspend a Buyer’s account or any pending orders for violation of these Terms, non-payment, or other breaches of the Buyer Agreement, with or without notice.

9.2 Effect of Termination: Upon termination, all outstanding payment obligations remain due, and no refunds will be issued for completed transactions unless required by law.

10. Governing Law and Dispute Resolution

10.1 Governing Law: These Terms and all transactions with Spare Fleet are governed by the laws of [State/Province, Country], without regard to conflict of law principles.

10.2 Dispute Resolution: Any disputes arising from these Terms or purchases shall be resolved through good-faith negotiation. If unresolved, disputes will be submitted to [binding arbitration/competent court] in [City, State/Province], as specified in the Buyer Agreement.

11. Miscellaneous

11.1 Amendments: Spare Fleet reserves the right to update these Terms at any time. The version in effect at the time of your order governs that transaction. Updated Terms will be posted on our website (www.sparefleet.com).

11.2 Entire Agreement: These Terms, together with the Buyer Agreement and any order confirmation, constitute the entire agreement between Spare Fleet and the Buyer, superseding all prior communications or agreements.

11.3 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

11.4 Assignment: Buyers may not assign their rights or obligations under these Terms without Spare Fleet’s prior written consent. Spare Fleet may assign its rights and obligations at its discretion.

11.5 Contact: For questions about these Terms or your purchase, contact us at [email address] or [phone number].

Acceptance of Terms
By registering as a buyer, submitting an RFQ, or placing an order with Spare Fleet, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and the Buyer Agreement.