Equipment Reservation Terms & Conditions
Effective date: October 24, 2026
These Equipment Reservation Terms & Conditions ("Terms") govern reservations placed with Atlas Equipment LLC ("Atlas," "we," "our") for equipment identified on an Atlas website or authorized payment page. By expressly accepting these Terms and submitting payment, the customer ("Customer," "you") agrees to the Terms applicable to that reservation.
1. Reservation and equipment identification
A reservation allocates priority toward purchase of the equipment model identified in the payment-page description and confirmation, subject to availability. Unless expressly identified in writing, it does not reserve a particular serial number, guarantee financing, or constitute a completed purchase. Atlas will confirm the selected model, equipment configuration, advertised price or agreed quotation, and estimated availability information in writing.
2. $250 reservation deposit
Unless the checkout page specifies a different amount, the Customer pays a $250 reservation deposit, plus any disclosed and legally applicable Hawaiʻi General Excise Tax (GET) pass-on. The $250 principal is credited toward the final equipment purchase price if the sale is completed; it is not an additional charge on top of that price. Any tax pass-on collected at reservation will be reconciled on the final invoice so that an amount is not charged twice. Tax timing and accounting treatment are subject to applicable law.
3. Customer cancellation; nonrefundable amount
THE $250 RESERVATION DEPOSIT IS GENERALLY NONREFUNDABLE IF THE CUSTOMER VOLUNTARILY CANCELS.
Atlas may allocate limited incoming stock, turn away other prospective customers, and incur administration and remarketing costs in reliance on a confirmed reservation. The parties intend the amount retained following a voluntary cancellation as reasonable agreed damages and not as a penalty. Atlas may retain no more than the amount legally permitted, and the refund exceptions below always apply. A statement that a payment is "nonrefundable" does not override applicable law.
4. Estimated arrival and shipping
Equipment arrival or availability dates are estimates unless Atlas expressly guarantees a date in writing. Manufacturing, customs, transportation, port conditions and other circumstances can cause delays. Atlas will make commercially reasonable efforts to communicate material changes. The latest estimated availability date disclosed at the time of reservation will be reflected in the written confirmation and will be used for the delay remedy below unless the Customer expressly agrees otherwise in writing.
5. Delay and inability to supply
If Atlas cannot make the reserved equipment available within 60 calendar days after the latest estimated availability date disclosed when the reservation was accepted, the Customer may cancel and receive a full refund of reservation amounts paid. If no estimated date is available, Atlas must provide one before confirming the reservation. Atlas will also refund the reservation in full if it cannot supply the agreed equipment and the Customer does not voluntarily accept an alternative.
6. Material changes and price
Atlas will not impose a materially different model, essential equipment specification, or purchase price without the Customer's consent. If Atlas proposes such a change and the Customer declines, the Customer may cancel and receive a full refund. Optional attachments, delivery, shipping, taxes and additional charges must be disclosed and agreed before final purchase. A reservation does not itself lock in financing terms.
7. Final purchase and customer nonresponse
When the equipment is available, Atlas will notify the Customer using the supplied contact details and issue purchase documents showing the agreed price, applicable tax pass-on, deposit credit and balance due. The Customer must respond and arrange payment or delivery within seven calendar days after written notice, unless otherwise agreed. If the Customer does not respond or complete arrangements, Atlas may provide a further seven-calendar-day written notice and thereafter cancel the reservation and release the machine. Any retention of the reservation deposit remains subject to Section 3 and applicable law. Atlas will release equipment only after funds have cleared and the final sales requirements are satisfied.
8. Refunds
Refund requests may be sent to Cartern@atlasequipmenthi.com.
Where a refund is owed under these Terms or law, Atlas will initiate a refund promptly to the original payment method when practicable, including any GET pass-on that must legally be refunded. Posting times depend on the processor and financial institution. The Customer retains all nonwaivable consumer and payment-dispute rights.
9. Equipment specifications and final sale
Photos and specifications may reflect manufacturer information and may change. Atlas will disclose material differences. Any applicable manufacturer warranty, exclusions, delivery and acceptance provisions, and post-sale allocation of risk will be addressed in the separate final equipment sale documents. These Terms govern the reservation only; they do not eliminate nonwaivable warranties or legal rights.
10. Reservation liability
To the fullest extent permitted by applicable law, Atlas will not be liable for indirect or consequential losses arising solely from a reservation, including a Customer's project delays or lost business profits. Where Atlas cannot fulfill a reservation, the parties intend the contractual remedy to be return of reservation amounts paid, except to the extent additional remedies are required by law. Nothing limits liability for fraud, willful misconduct, personal injury, or any liability that cannot legally be limited.
11. Electronic communications and acceptance
Atlas may contact the Customer about their reservation, expected timing, payment and pickup using the supplied details. By selecting an unchecked acceptance box and submitting payment, the Customer agrees to these Terms. Atlas may retain the terms version, timestamp, model, contact details and payment confirmation as proof of agreement. Customer personal information is handled under the Atlas Privacy Policy.
12. Governing law; entire agreement
Hawaiʻi law governs, subject to mandatory federal and customer protections. These Terms, the checkout disclosures, the reservation confirmation and expressly incorporated written specifications form the reservation agreement; they supersede inconsistent prior reservation discussions. Material revisions require mutual written agreement. If any clause is unenforceable, remaining clauses continue to the extent allowed by law. These Terms do not replace a separate equipment sales agreement.