Legal
Terms of Use
Article I: Binding Agreement and Corporate Authority
These Master Website Terms of Use ("Terms") constitute a legally binding contract between you (both individually and on behalf of any business entity you represent) and BAYEWEST COMPANY, LLC. By accessing, browsing, or submitting inquiries through [Website Domain], you acknowledge that you have read, understood, and agreed to be bound by these Terms. You represent and warrant that you possess the legal capacity and corporate authority to bind your organization to these commercial conditions.
Article II: Machinery Inventory, Specifications, and Commercial Conditions
All commercial trucks, prime movers, trailers, earthmoving yellow iron, cranes, and industrial machinery displayed on our digital platforms are governed by strict commercial parameters:
Invitations to Negotiate: Digital inventory listings, downloadable spec sheets, and automated financing calculators constitute non-binding invitations to negotiate, not binding offers to sell under the Uniform Commercial Code.
Prior Sale Condition: All machinery and fleet assets remain subject to prior sale, internal lease allocation, price modification, or immediate withdrawal from the market without notice.
Mechanical Estimates: Listed engine hours, odometer mileage, power take-off (PTO) hours, undercarriage wear percentages, tire tread depths, and lifting capacities are unverified approximations.
Inspection Obligation: Buyers bear the sole responsibility to conduct independent physical, mechanical, metallurgical, and diagnostic inspections prior to executing a purchase agreement.
CARB Emissions Compliance: Unless expressly certified in a signed writing, the Company makes no representation that any diesel truck or off-road equipment satisfies California Air Resources Board (CARB) in-use fleet regulations.
Tax and Freight: Quoted prices exclude California state and district sales or use taxes, federal retail excise taxes, documentary fees, customs duties, rigging, and heavy-haul transit costs.
FOB Origin Terms: Unless modified by a fully executed Master Purchase Agreement, all machinery sales are conducted Free on Board (FOB) our Santa Fe Springs yard, transferring risk of loss upon loading.
Article III: Intellectual Property and Anti-Scraping Covenants
All materials published on this platform—including the BAYEWEST COMPANY trademark, corporate logos, walk-around inspection videos, high-resolution machinery photographs, chassis verification tables, and underlying software architecture—are the exclusive intellectual property of the Company. You are granted a limited, revocable, non-transferable license to view inventory listings solely for legitimate internal procurement evaluation.
Article IV: Prohibited Platform Conduct
Users are strictly prohibited from engaging in any activity that compromises the integrity of our digital infrastructure or proprietary commercial data:
Automated Scraping: Deploying spiders, crawlers, data-mining scripts, or artificial intelligence harvesting tools to extract equipment pricing, VIN/PIN serial numbers, or inventory photographs.
Credential Misrepresentation: Submitting falsified corporate credit applications, fraudulent insurance binders, or unauthorized wire transfer modifications.
Security Interference: Probing, scanning, or testing the vulnerability of our servers, bypassing authentication measures, or introducing malicious code.
Competitive Syndication: Mirroring, framing, or re-listing our machinery inventory on third-party brokerage websites or auction portals without written executive authorization from Richard J. Baye.
Article V: Statutory Disclaimer of Warranties ("AS-IS, WHERE-IS")
To the maximum extent permitted by the California Uniform Commercial Code, this website, its technical specifications, and all listed machinery are provided strictly on an "AS-IS, WHERE-IS, AND WITH ALL FAULTS" basis. Except as expressly memorialized in a separate, bilaterally executed written Bill of Sale or Master Equipment Lease signed by the CEO/Director of BAYEWEST COMPANY, LLC, the Company expressly disclaims all warranties, whether express, implied, or statutory. This disclaimer explicitly excludes any implied warranty of merchantability, implied warranty of fitness for a particular commercial or construction purpose, warranty against patent or latent mechanical defects, and warranty of regulatory emissions compliance.
Article VI: Limitation of Liability and Corporate Indemnification
Under no circumstances shall BAYEWEST COMPANY, LLC, its CEO/Director Richard J. Baye, officers, employees, or corporate affiliates be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of this website or reliance on published equipment specifications. This exclusion encompasses lost commercial profits, construction project delay penalties, liquidated damages, equipment downtime, cost of substitute rental machinery, and loss of business goodwill, even if advised of the possibility of such damages. You agree to defend, indemnify, and hold harmless the Company and its leadership from any third-party claims, regulatory fines, liabilities, and reasonable attorneys' fees resulting from your breach of these Terms or violation of applicable transport and safety laws.
Article VII: Governing Law, Venue, and Mandatory Commercial Arbitration
These Terms and any dispute arising from your access to the platform shall be governed by and construed in accordance with the internal substantive laws of the State of California, excluding its conflict of law rules. Any controversy or claim that cannot be resolved through good-faith executive negotiation within thirty calendar days shall be resolved exclusively by binding commercial arbitration administered by JAMS in Los Angeles County, California, pursuant to its Comprehensive Arbitration Rules and Procedures. Both parties irrevocably waive any right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, or representative proceeding. Notwithstanding the foregoing, the Company retains the right to seek immediate injunctive or equitable relief in the state or federal courts located in Los Angeles County to protect its intellectual property or enforce security interests.
