These terms govern the sale of equipment by Acorn Machinery, 250 Wills Way, Piscataway, NJ 08854, USA, Company Registration Number 16540 NY, through acornmachinery.com. Placing an order means you accept them.
You must be 18 or older and able to enter a binding contract. All prices are in US dollars. We sell and ship within the United States only.
1. Orders and acceptance
The listings on this site are an invitation to buy, not a binding offer. Submitting an order and receiving an automated confirmation email does not form a contract. The contract forms when we send you a separate order acceptance, or when we dispatch the unit, whichever comes first.
We may decline an order. The usual reasons are that the unit sold on the yard before the listing updated, the billing details do not verify, the delivery address is outside the continental United States, or the order pattern trips our fraud screening. If we decline, we refund you in full inside 3 business days and tell you why.
Stock is finite and much of it is one-of-one used equipment. A machine can sell between your adding it to the cart and completing checkout.
2. Pricing and typographical errors
Prices exclude sales tax, which is applied at checkout where we are required to collect it. Freight is a flat $550 per order within the continental United States, as set out in our Shipping Policy.
Listings are compiled by people and occasionally a price, hour meter reading, specification, or photograph is wrong. Where an error is obvious, for example a 2021 excavator listed at $890 instead of $89,000, we are not required to sell at the mistaken price even if we sent an automated confirmation. If a priced order is affected we will contact you, explain the error, and offer you the corrected price or a full refund. You are under no obligation to take the corrected price.
Prices can change at any time before an order is accepted. A price you were quoted in writing is held for 7 calendar days unless the quote states otherwise.
3. Payment terms
- Orders are paid in full before dispatch unless we have agreed written invoice terms with you in advance.
- Where a deposit structure is agreed, the deposit holds the unit and the balance is due before the load is booked. Deposits are refundable up to the point of dispatch.
- Bank transfer and ACH payments must clear before handling time starts. That is usually 1 to 3 business days.
- Approved account customers pay on the terms stated on the invoice. Overdue balances carry interest at 1.5% per month or the maximum permitted by New Jersey law, whichever is lower.
- Chargebacks raised without first contacting us, where the unit was delivered and accepted, will be defended with the signed bill of lading and delivery photographs.
Accepted payment methods are listed on our Payment Methods page.
4. Title and risk of loss
Title passes to you on delivery, once the unit has been off-loaded at the delivery address and payment has cleared in full. Risk of loss passes to you on delivery as well, at the point the unit is signed for on the bill of lading.
Until then the unit remains our property and is covered by carrier cargo liability while in transit. That is why we ask you to inspect and note damage before you sign. See the Shipping Policy for the procedure.
Where a unit is titled, we issue or assign the title, MSO, or manufacturer’s certificate of origin after payment clears. You are responsible for registration, plating, and any state inspection at your end.
5. Warranty position
New units. Sold with the manufacturer’s warranty, which passes through to you as the first retail purchaser on the terms and duration the manufacturer sets. We register the warranty in your name at the point of sale and give you the warranty booklet or portal details. Manufacturer warranty claims are administered by the manufacturer’s dealer network. We will help you open the claim.
Used units. Sold as-is, where-is unless the listing states a specific written warranty. As-is means we make no promise about future wear, remaining component life, or fitness for a particular job. It does not mean the machine can be misdescribed. Every used unit is listed with its actual hour or mileage reading, its known faults, and honest photographs, and we stand behind that description under our Returns & Refund Policy.
Except for the manufacturer warranty on new units and any written warranty stated on a listing, and to the fullest extent permitted by law, we disclaim all implied warranties including the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow this exclusion, in which case it applies to the extent that state permits. Full detail is on our Warranty page.
6. Your responsibilities as operator
Heavy equipment is dangerous when it is used by untrained people or maintained badly. Once a unit is delivered, you are responsible for:
- Reading the operator’s manual and training anyone who runs the machine
- OSHA, DOT, state, and local compliance, including lighting, brakes, and load ratings on towable trailers
- Matching tow vehicle capacity to trailer GVWR before towing
- Servicing to the manufacturer’s schedule and keeping the records
- Insurance from the moment of delivery
7. Limitation of liability
To the fullest extent permitted by law, our total liability arising out of or connected to any order is limited to the amount you paid for the unit that gave rise to the claim.
We are not liable for indirect, incidental, special, punitive, or consequential damages. That includes lost profits, lost contracts, job site downtime, rental costs for substitute equipment, and delay costs caused by a carrier, weather, permitting, or a force majeure event outside our reasonable control.
Nothing here excludes liability for fraud, for willful misconduct, or for anything that cannot lawfully be excluded, including personal injury caused by our negligence.
8. Governing law
These terms and any dispute arising from them are governed by the laws of the State of New Jersey, without regard to conflict of law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
9. Dispute resolution
- Talk to us first. Email sales@acornmachinery.com or call (712) 356-0109 with the order number and what went wrong. We answer within 2 business days. Most problems close out here.
- Written notice. If it is not resolved, send written notice of the dispute to the Piscataway address. Both sides then have 30 days to negotiate in good faith.
- Mediation. If the 30 days pass without agreement, either side may require non-binding mediation in Middlesex County, New Jersey, with a mediator both sides agree on. Costs are split evenly.
- Courts. Any claim not resolved by mediation is brought in the state or federal courts of New Jersey, and both sides consent to that jurisdiction and venue.
Small claims are excluded from steps 2 to 4. You may bring a qualifying claim in small claims court at any time.
10. Other terms
- Site content. Text, photographs, and layout on acornmachinery.com belong to Acorn Machinery or its licensors. Do not copy listings or photographs for resale use without written permission. Manufacturer names and model designations are the trademarks of their owners and are used to identify the equipment we sell.
- No resale representation. We do not represent any manufacturer as an authorized dealer unless a listing says so in writing.
- Severability. If a provision is found unenforceable, the rest stays in force.
- Entire agreement. These terms, the order acceptance, and the policies linked from this page are the whole agreement between us.
- Changes. We may update these terms. The version in force is the one published on the day you place your order.
Contact
Acorn Machinery
250 Wills Way, Piscataway, NJ 08854, USA
Company Registration Number: 16540 NY
Phone: (712) 356-0109
Email: sales@acornmachinery.com