Terms of service

Bay Equipment Co.
bayequip.com

Effective Date: September 1, 2026
Last Updated: September 5, 2026

1. Agreement to These Terms

These Terms and Conditions (the "Terms") are a binding agreement between you and Bay Equipment Company, a Virginia stock corporation, doing business as Bay Equipment Co. ("Bay Equipment," "we," "us," or "our"), governing your access to and use of the website located at bayequip.com and any related pages, subdomains, forms, or features we operate (collectively, the "Site").

Please read these Terms carefully. By accessing or using the Site, submitting a quote request, creating an account, or otherwise interacting with the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, by our Privacy Policy, and, if you consent to receive text messages from us, by our SMS / Mobile Terms, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Site.

Section 21 (Dispute Resolution) contains a binding arbitration provision and a class action waiver that affect how disputes between you and Bay Equipment are resolved. Please review it carefully.

2. What These Terms Cover and What They Do Not

These Terms govern your use of the Site only.

These Terms are not a rental contract and not a contract of sale. They do not govern the rental, purchase, use, operation, transport, delivery, servicing, repair, or return of any equipment, parts, attachments, or accessories. Those transactions are governed by separate documents:

Equipment rentals are governed exclusively by a separate written Rental Agreement, together with any related credit application, delivery ticket, contract terms, or invoice, executed between you and Bay Equipment.
Sales of equipment, parts, attachments, and accessories, including new, used, and previously rented equipment, are governed exclusively by the applicable quote, purchase order, sales order, invoice, bill of sale, and any separate written terms of sale or financing documents accepted or executed between you and Bay Equipment. For larger equipment and other significant purchases, we often issue transaction-specific terms of sale (a sales agreement, or a quote or sales order carrying its own terms) for that transaction; where we do, those transaction-specific terms govern that sale.

See Section 8.

If any provision of these Terms conflicts with a signed Rental Agreement or with the documents governing a sale, the Rental Agreement or the sale documents control as to that transaction, and transaction-specific terms of sale control over any general terms of sale.

3. Eligibility and Authority

The Site is intended for use by businesses and construction professionals. By using the Site, you represent and warrant that:

You are at least 18 years of age;
You are not barred from using the Site under applicable law and have not previously been suspended or removed by us;
All information you submit is accurate, current, and complete; and
If you are using the Site on behalf of a company, contractor, partnership, or other entity, you have full authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

The Site is directed to businesses and adults, not to children. We do not knowingly collect personal information from children under 13. If you believe a child has provided us personal information, contact us at info@bayequip.com and we will delete it. See our Privacy Policy for details.

4. Site Under Development; No Guarantee of Availability

The Site is under active development and may be updated, expanded, changed, or taken offline at any time without notice. Content, images, product listings, categories, specifications, features, and functionality may be incomplete, in draft form, or subject to revision. We may add, modify, suspend, or discontinue any part of the Site, including any equipment listing or online feature, at any time, for any reason, without liability to you.

We do not warrant that the Site will be available, uninterrupted, timely, secure, or error-free.

5. Equipment Listings, Specifications, and Availability

Listings, descriptions, photographs, drawings, capacities, dimensions, weights, attachments, model years, hour or mileage readings, manufacturer data, and other specifications on the Site, whether the item is offered for rent or for sale, are provided for general informational and identification purposes only.

You acknowledge and agree that:

Photographs and illustrations are representative and may not depict the specific unit that would be supplied or sold to you. Actual make, model, model year, condition, hours, configuration, and attachments may differ.
Manufacturer specifications are reproduced from third-party sources and are not verified by us.
Listing an item on the Site is not a representation that it is currently in stock, unsold, available on any particular date, available at any particular branch location, or suitable for your intended application.
Availability changes constantly and is not reserved by browsing the Site or submitting a quote request. All items offered for sale are subject to prior sale, and an item may be sold, withdrawn, or repriced at any time before we accept your order in writing.
Typographical errors, inaccuracies, and omissions may occur, and we reserve the right to correct any error at any time, including after a quote has been issued.

Used and previously rented equipment offered for sale. Where we offer used, pre-owned, or previously rented equipment for sale, you further acknowledge that:

Hour meter and odometer readings, condition descriptions or ratings, service and maintenance history, prior-use information, and remaining component life are approximate, unverified, and not warranted, and may be inaccurate or incomplete.
Used equipment has been previously operated, may show wear, and may have been repaired, modified, or fitted with non-original components.
Unless we expressly provide a written warranty in the sale documents, used equipment is sold "AS IS, WHERE IS," with all faults, and without any warranty of any kind. Any manufacturer warranty that remains in effect, and the transferability of that warranty, is a matter between you and the manufacturer.
You are strongly encouraged to inspect any used equipment in person, or to have it inspected by a qualified technician of your choosing, before purchase. Any inspection period, acceptance procedure, or warranty applicable to a sale is set forth in the sale documents, not on the Site.

It is your responsibility to confirm that any equipment is appropriate for your specific job, site conditions, load requirements, operators, and applicable codes and regulations before renting or purchasing it. If accuracy matters to your decision, contact us directly at (757) 249-1111 or info@bayequip.com to confirm.

6. Quote Requests Do Not Create a Contract

The Site allows you to submit inquiries and requests for quotes, for both rentals and purchases. Submitting a quote request, contact form, purchase inquiry, or offer through the Site does not create a rental contract, a contract of sale, a reservation, a hold, an option, or any binding obligation on either party.

Specifically:

A quote request is an invitation for us to provide information. It is not an offer you can accept and not an order we have accepted.
Nothing on the Site constitutes an offer by us to rent or sell any equipment, part, or accessory. All listings, descriptions, and prices on the Site are invitations to make an offer, and any offer you make is subject to our acceptance.
We may decline, modify, or decline to respond to any quote request or purchase inquiry for any lawful reason, including equipment unavailability, prior sale, credit considerations, geographic service limitations, or suspected fraud or error.
Any quote we provide is non-binding, subject to availability at the time of commitment, subject to prior sale, subject to credit approval, and valid only for the period stated on the quote (or, if no period is stated, thirty (30) days from issuance).
A rental becomes binding only when a written Rental Agreement is executed by you and an authorized Bay Equipment representative, subject to any deposit, insurance, or credit conditions we require.
A sale becomes binding only when we accept your order in writing (by countersigned quote, sales order, invoice, or bill of sale issued by an authorized Bay Equipment representative), and not before, and subject to any deposit, payment clearance, financing, or credit conditions we require. Neither the submission of an order nor our receipt of a payment or deposit constitutes acceptance.

Any automated acknowledgment or confirmation email you receive after submitting a form is a receipt confirming we received your inquiry. It is not acceptance of an order.

7. Pricing Information

Any rates, prices, or fees shown on or quoted through the Site are:

Estimates for informational purposes, subject to change without notice until fixed in an executed Rental Agreement or in a sale we have accepted in writing;
Exclusive, unless expressly stated otherwise, of taxes and any other surcharges;
For rentals, exclusive of delivery and pickup charges, fuel, environmental and recovery fees, damage protection or rental protection plan charges, cleaning charges, consumables, attachments, and overtime, excess-hour, or late return charges, and based on standard rental periods and normal single-shift use as we define those terms;
For sales, exclusive of freight, loading, transport, rigging, assembly, setup, training, dealer preparation, documentation and titling fees, and any attachments or optional equipment not expressly itemized, and not inclusive of any financing terms unless separately quoted in writing; and
Subject to correction if the stated price is erroneous.

We are not obligated to honor an erroneous price and may cancel or revise any quote reflecting a pricing error, even after it has been sent to you. Where a price error is discovered after we have accepted an order, we may cancel the order and refund any amount you have paid.

8. Rentals and Sales Are Governed by Separate Agreements

Nothing in these Terms allocates risk, responsibility, or liability for equipment. All terms governing an actual rental transaction, including without limitation rental rates and periods, delivery and pickup, permitted use and operators, fuel and maintenance obligations, responsibility for loss, theft, vandalism, and damage to equipment, required insurance and certificates, damage protection or rental protection plans, indemnification, security deposits, late and overtime charges, credit and payment terms, interest on past-due amounts, collection costs, default, repossession, and warranty terms, are set forth exclusively in the written Rental Agreement and related documents you execute with Bay Equipment.

Likewise, all terms governing an actual sale, including without limitation purchase price and payment terms, deposits, taxes, freight and delivery, title and risk of loss, inspection and acceptance, returns and cancellations, trade-ins, security interests and financing, and all warranty terms and warranty disclaimers, including the "AS IS, WHERE IS" sale of used equipment, are set forth exclusively in the quote, purchase order, sales order, invoice, bill of sale, and any separate written terms of sale accepted or executed between you and Bay Equipment. Where we issue transaction-specific terms of sale for a particular purchase, as we often do for larger equipment, those terms control that purchase over any general terms of sale.

You should read the Rental Agreement or sale documents carefully before signing. Request a copy in advance at any time by contacting us at info@bayequip.com or (757) 249-1111.

A plain-language summary of the warranty coverage that typically applies to new, used, and rented equipment, parts, and service work is available on our Warranty Policy page. That summary is for information only and does not form part of these Terms; the executed Rental Agreement or sale documents control.

The Site does not currently support online purchases, online ordering, or online payment. If we enable online ordering or checkout, additional terms of sale will be posted on the Site and will apply to those transactions.

9. Accounts

Certain features may require an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us promptly at info@bayequip.com of any suspected unauthorized access. We may suspend or terminate any account at our discretion.

You may not share credentials, allow use of your account by any unauthorized person, or create an account using false information or on behalf of anyone without authority.

10. Communications Consent: Email, Phone, and Text Messages

By submitting your contact information through the Site, you agree that Bay Equipment and its authorized representatives may contact you at the email address and telephone number you provide, by telephone call and email, regarding your inquiry, quotes, orders, existing rentals, purchases, account, service, invoices, deliveries, pickups, and returns.

Text messages. We send text (SMS/MMS) messages only to customers who have separately consented to receive them. Consent is collected when you set up an account or complete a transaction, in person or by phone, or when you text us first, not by submitting a form on the Site. Where you have consented:

We send operational and transactional messages only, such as rental delivery and pickup scheduling and confirmations, order and invoice notifications, and two-way replies to your customer service inquiries.
We do not send marketing or promotional text messages.
Consent to receive text messages is not a condition of any purchase or rental.
Message frequency varies based on your account activity. Message and data rates may apply, billed by your mobile carrier under your mobile plan.
You may opt out at any time by replying STOP. We will send one final message confirming your opt-out, after which you will receive no further texts from us unless you opt in again. Reply HELP for assistance, or contact us at info@bayequip.com or (757) 249-1111.
Carriers are not liable for delayed or undelivered messages.

Our full text messaging terms are set out in our SMS / Mobile Terms, which are incorporated into these Terms by reference and control in the event of any conflict with this Section. How we handle the information you provide, including your consent records, is described in our Privacy Policy.

Email. You may unsubscribe from any non-transactional email using the "unsubscribe" link in that email, or by contacting us at info@bayequip.com. We honor opt-out requests made through any reasonable means.

Operational and transactional communications about an active quote, rental, purchase, or account are not marketing messages and are sent as part of doing business with you. Opting out of text messages does not stop email or telephone communications necessary to service an active transaction or account.

11. Acceptable Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Site to submit false, fraudulent, deceptive, or bad-faith quote requests or inquiries;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
Use any robot, spider, scraper, crawler, or other automated means to access, monitor, copy, or extract data from the Site, or to harvest rates, listings, images, or contact information;
Reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Site;
Circumvent, disable, or interfere with any security, authentication, rate-limiting, or access-control feature;
Introduce any virus, worm, malware, or other malicious or technologically harmful code;
Conduct any denial-of-service attack or otherwise interfere with, overburden, or impair the Site or its infrastructure;
Attempt to gain unauthorized access to any portion of the Site, any account, or any system or network connected to the Site;
Use the Site or any content from it for competitive benchmarking, to build a competing product or service, or to solicit our customers or personnel;
Frame, mirror, or deep-link to the Site in a manner that misrepresents its source or your relationship with us;
Use the Site to transmit unsolicited advertising, spam, or chain communications; or
Use the Site in violation of any applicable federal, state, or local law or regulation, including export control and sanctions laws.

We may investigate any suspected violation and may involve, and cooperate with, law enforcement.

12. Your Submissions

If you submit any content to us through the Site, including quote request details, job or site information, project descriptions, questions, reviews, photographs, feedback, or suggestions ("Submissions"), you represent that you have all necessary rights to do so and that the Submission does not violate any law or third-party right.

You grant Bay Equipment a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display your Submissions for the purpose of responding to your inquiry, operating and improving the Site and our business, and, for any Submission you post publicly such as a review or testimonial, for marketing purposes.

Feedback and suggestions are provided without any obligation of confidentiality or compensation, and we may use them freely.

Please do not submit confidential, proprietary, or sensitive personal information through Site forms. Do not submit Social Security numbers, financial account numbers, payment card data, health information, or bid-sensitive project information through a Site form. Contact us directly to transmit sensitive information securely.

We may, but have no obligation to, monitor, screen, edit, refuse, or remove any Submission at our discretion.

13. Intellectual Property

The Site and all content on it, including text, graphics, layout, design, photographs, videos, logos, icons, button icons, compilations, software, and the selection and arrangement thereof, are owned by Bay Equipment or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

"Bay Equipment," "Bay Equipment Co.," the Bay Equipment logo, and our other names, marks, and slogans are trademarks of Bay Equipment. You may not use them without our prior written permission.

Third-party manufacturer names, model designations, and logos appearing on the Site (including without limitation those of equipment manufacturers whose products we rent) are the property of their respective owners and are used for identification purposes only. Their appearance does not imply any endorsement, sponsorship, affiliation, or authorized-dealer relationship unless expressly stated.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your internal business purposes in evaluating our equipment and services. All other rights are reserved. You may not copy, reproduce, republish, distribute, sell, license, frame, or create derivative works from the Site or its content without our prior written consent.

The scope of this license, what you may do without asking us, and how to request permission for anything beyond it are set out in our Copyright Policy.

14. Third-Party Links, Services, and Platform

The Site may contain links to third-party websites, manufacturer specification sheets, safety materials, videos, maps, or services. These are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party content, product, service, policy, or practice, and your use of any third-party site or service is at your own risk and subject to that third party's terms.

The Site is hosted on the Shopify platform, and we use third-party service providers for hosting, analytics, forms, communications, and similar functions. Those providers process data under their own terms and policies. We are not responsible for the acts or omissions of third-party platforms or providers, including any interruption, error, or security incident originating with them.

15. No Professional, Safety, Engineering, or Legal Advice

The Site does not provide professional advice. Content on the Site, including equipment descriptions, capacity or specification data, application suggestions, articles, guides, blog posts, videos, and any general operating or safety information, is general in nature and is not engineering, structural, safety, regulatory, insurance, legal, tax, or professional advice, and is not a substitute for:

The equipment manufacturer's operator's manual, safety decals, and instructions;
Required operator training, certification, licensing, and competency evaluation (including as required by OSHA, 29 C.F.R. Parts 1910 and 1926, and applicable Virginia occupational safety and health standards);
Site-specific hazard assessment, underground utility location, load and soil analysis, engineering review, or permitting; or
The professional judgment of a qualified engineer, safety professional, or other licensed professional.

You are solely responsible for determining the suitability of any equipment for your intended use, for the safe operation of equipment, for the qualification, training, and supervision of your operators and personnel, and for compliance with all applicable safety laws, regulations, codes, and standards. Do not rely on the Site to make safety-critical decisions.

16. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, AND FEATURES ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BAY EQUIPMENT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) the Site will be uninterrupted, available, timely, secure, or error-free; (b) any defect will be corrected; (c) the Site or any server is free of viruses or other harmful components; (d) any content, specification, rate, image, or availability information on the Site is accurate, complete, reliable, current, or error-free; or (e) results obtained from use of the Site will meet your requirements.

No advice or information, whether oral or written, obtained from us or through the Site creates any warranty not expressly stated in these Terms.

This Section 16 concerns the Site only. Any warranty applicable to rented or purchased equipment is addressed exclusively in the applicable Rental Agreement or purchase documents.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any such exclusion is prohibited, the disclaimers above apply to the maximum extent permitted by applicable law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) Exclusion of certain damages. BAY EQUIPMENT AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, PROJECT DELAY, DOWNTIME, RENTAL OF SUBSTITUTE EQUIPMENT, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Cap on liability. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU PAID TO US FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).

(c) Site claims only. This Section 17 applies to claims arising from your use of the Site. It does not limit or modify the liability provisions of any executed Rental Agreement or sale documents, which govern claims arising out of an actual rental or sale transaction.

(d) Statutory limits preserved. NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR RELEASES ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED, EXCLUDED, OR RELEASED UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR WILLFUL OR WANTON MISCONDUCT. Under Virginia law, an agreement purporting to release a party in advance from liability for personal injury caused by its own negligence is void as against public policy, and nothing in these Terms is intended to operate as such a release.

(e) Basis of the bargain. You acknowledge that the limitations in Sections 16 and 17 are a fundamental basis of the bargain between you and Bay Equipment, that we would not provide the Site without them, and that they shall apply even if any limited remedy is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

18. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Bay Equipment and its officers, directors, members, managers, employees, agents, and affiliates from and against any and all third-party claims, demands, actions, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your breach of these Terms or of any representation or warranty you make in them;
Your misuse of the Site, including any violation of Section 11 (Acceptable Use);
Any Submission you provide, including any claim that it infringes or misappropriates a third-party right or violates any law; or
Your violation of any applicable law or of the rights of any third party in connection with your use of the Site.

This indemnity applies only to the extent the claim is caused by your acts, omissions, breach, or negligence, and expressly does not apply to the extent any claim, damage, loss, or expense is caused by or results solely from the negligence of Bay Equipment or its agents or employees. This carve-out is intended to conform this Section to applicable law; if any portion of this Section would otherwise be void or unenforceable, it shall be construed and limited to the minimum extent necessary to be enforceable rather than stricken.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. You shall not settle any such matter in a manner that imposes any obligation or admission on us without our prior written consent.

19. Privacy

Our collection, use, sharing, and retention of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Our text messaging practices are described in our SMS / Mobile Terms, also incorporated by reference. By using the Site, you acknowledge that you have read the Privacy Policy and agree to the practices it describes.

The Privacy Policy addresses, among other things, the information we collect; cookies and usage data; how we use and share information; text messaging; security and retention; and the choices and rights available to you, including how to request a copy of, correct, or delete the personal information we hold about you, and how to appeal a decision on such a request. Requests may be submitted as described in the Privacy Policy or by contacting us at info@bayequip.com or (757) 249-1111.

We do not sell your personal information, and we do not share it with third parties for their marketing purposes. No mobile information is shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent are not shared with any third party except vendors and service providers acting on our behalf solely to deliver the messaging service.

Depending on where you reside, you may have rights regarding your personal data under laws such as the Virginia Consumer Data Protection Act, Va. Code §§ 59.1-575 through 59.1-585, or the California Consumer Privacy Act. Note that the Virginia statute applies to natural persons acting in an individual or household context and does not cover individuals acting in a commercial or employment context.

In the event of a conflict between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy controls. In the event of a conflict between these Terms and the SMS / Mobile Terms regarding text messaging, the SMS / Mobile Terms control.

20. Copyright Complaints (DMCA)

We respect intellectual property rights and expect users of the Site to do the same. Our ownership of Site content, the limited license granted to you, how to request permission to use our content, and our procedures for copyright infringement notices, counter notifications, and repeat infringers are set out in full in our Copyright Policy, which is incorporated into these Terms by reference.

If you believe content on the Site infringes your copyright, send a written notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent:

Designated Copyright Agent Copyright Agent Bay Equipment Company 12093 Waterman Drive, Newport News, Virginia 23602 Email: info@bayequip.com Telephone: (757) 249-1111

The required elements of a notice, the counter notification process under 17 U.S.C. § 512(g)(3), and our repeat infringer policy under 17 U.S.C. § 512(i) are described in the Copyright Policy. We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers. Please be aware that under 17 U.S.C. § 512(f), you may be liable for damages, including costs and attorneys' fees, if you knowingly make a material misrepresentation in a takedown notice or a counter notification.

In the event of a conflict between these Terms and the Copyright Policy regarding copyright matters, the Copyright Policy controls.

21. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

(a) Informal resolution first. Before initiating any arbitration or legal proceeding, you agree to first send a written notice of dispute to Bay Equipment at info@bayequip.com describing the nature of the claim and the relief sought. The parties will attempt in good faith to resolve the dispute informally for sixty (60) days after the notice is received. This requirement is a condition precedent to commencing arbitration.

(b) Agreement to arbitrate. If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, including questions of its formation, interpretation, breach, termination, enforceability, or scope, shall be resolved by final and binding arbitration rather than in court, except as provided in subsection (d). This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and, to the extent applicable, the Virginia Uniform Arbitration Act, Va. Code § 8.01-581.01 et seq.

(c) Arbitration procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, if you are an individual consumer, its Consumer Arbitration Rules) then in effect, as modified by these Terms. The arbitration will be conducted before one arbitrator, and the seat and any in-person hearing will be in Newport News, Virginia, unless the parties agree otherwise or the arbitrator determines that a telephonic or video hearing is appropriate. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines otherwise under applicable law or the AAA rules.

(d) Exceptions. Notwithstanding subsection (b), either party may:

Bring an individual action in small claims court in the City of Newport News, Virginia, if the claim qualifies and remains in that court; and
Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property, unauthorized access to the Site or our systems, or breach of confidentiality obligations, without first satisfying subsection (a).

(e) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND BAY EQUIPMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person and may not preside over any form of class or representative proceeding. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND BAY EQUIPMENT EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

(f) Severability of this Section. If the class action waiver in subsection (e) is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and adjudicated in court in the venue specified in Section 22, while all remaining claims proceed in arbitration. If subsection (b) is found unenforceable in its entirety, the parties' disputes shall be resolved in the courts specified in Section 22, and subsection (e)'s jury trial waiver shall remain in effect.

(g) Time limitation. To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the Site must be commenced within one (1) year after the claim accrues, or it is permanently barred. This subsection does not apply where a shorter or longer limitation period is required by law and may not be waived.

22. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Subject to Section 21, you and Bay Equipment agree that the exclusive venue for any action or proceeding shall be the state courts located in the City of Newport News, Virginia, or the United States District Court for the Eastern District of Virginia, Newport News Division. Each party irrevocably consents to the personal jurisdiction of those courts and waives any objection based on venue, forum non conveniens, or inconvenient forum.

The Site is controlled and operated from the United States. We make no representation that the Site is appropriate or available in other jurisdictions, and accessing it from a jurisdiction where its content is illegal is prohibited.

23. Changes to These Terms

We may revise these Terms at any time. When we do, we will update the "Last Updated" date at the top of this page and post the revised Terms on the Site. Material changes will take effect fourteen (14) days after posting, except that changes required by law or addressing security or abuse take effect immediately.

Your continued use of the Site after the effective date of revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Site. We encourage you to review this page periodically.

Changes to these Terms do not modify any executed Rental Agreement.

24. Suspension and Termination

We may, at our discretion and without notice or liability, suspend, restrict, or terminate your access to all or part of the Site, including any account, for any reason, including if we believe you have violated these Terms or applicable law, or if we discontinue the Site.

Upon termination, the license granted to you in Section 13 immediately ends. Sections 12, 13, 15, 16, 17, 18, 21, 22, and 25 survive any termination.

25. General Provisions

(a) Entire agreement. These Terms, together with the Privacy Policy, the SMS / Mobile Terms, and the Copyright Policy, each of which is incorporated by reference, constitute the entire agreement between you and Bay Equipment regarding the Site and supersede all prior or contemporaneous understandings regarding the Site. This subsection does not supersede any executed Rental Agreement, purchase order, or credit agreement.

(b) Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.

(c) No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. No waiver is effective unless in writing and signed by an authorized representative.

(d) Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

(e) No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except that our officers, directors, employees, agents, and affiliates are intended beneficiaries of Sections 17 and 18.

(f) Independent parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between you and Bay Equipment.

(g) Force majeure. We are not liable for any failure or delay in performance of our obligations under these Terms caused by events beyond our reasonable control, including acts of God, severe weather, hurricanes, flooding, fire, war, terrorism, civil unrest, labor disputes, epidemics, governmental action, utility, telecommunications, internet, hosting-platform or supply-chain failures, or cyberattack.

(h) Electronic communications and signatures. You consent to receive communications from us electronically and agree that electronic notices, disclosures, agreements, and records satisfy any legal requirement that they be in writing. You agree that your electronic acceptance of these Terms, including by using the Site or clicking an acceptance control, constitutes a valid signature under the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transactions Act as adopted in Virginia, Va. Code § 59.1-479 et seq.

(i) Notices. Notices to you may be provided by email to the address associated with your account or inquiry, or by posting on the Site. Notices to us must be sent to: Bay Equipment Company, Attn: Legal, 12093 Waterman Drive, Newport News, Virginia 23602, with a copy by email to info@bayequip.com.

(j) Accessibility. We are working to make the Site accessible to and usable by people with disabilities and are guided by the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and, where feasible, WCAG 2.2 Level AA. If you encounter a barrier, please contact us at info@bayequip.com or (757) 249-1111 so we can assist you and improve the Site. We will make reasonable efforts to provide the information or transaction you need through an alternative accessible method.

(k) Headings and interpretation. Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." These Terms shall not be construed against a party on the basis of who drafted them.

(l) Language. These Terms are drafted in English, which controls in the event of any translation discrepancy.

26. Contact Us

Bay Equipment Company d/b/a Bay Equipment Co.

12093 Waterman Drive Newport News, Virginia 23602

Telephone: (757) 249-1111 Email: info@bayequip.com Web: bayequip.com

By using bayequip.com, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.