Terms and Conditions of Sale and Site Use for MiniFinalDrives.com, operated by L&M HydraComm LLC:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE ANDUSE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree thataccess to and use of this site are subject to the following terms andconditions and other applicable law. The following terms and conditions shallconstitute the entire Agreement for the purchase and sale of L&M HydraCommLLC’s products and use of L&M HydraComm LLC’s sites. If Buyer does notagree to these terms and conditions, please do not use this site. Use of thissite or purchase of L&M HydraComm LLC’s products constitutes Agreement withthese terms and conditions.

Shipping and Handling Charges

Shipping and handling charges are calculated based on cubesize and weight of your order. Shipments to Alaska, Hawaii, Puerto Rico, andInternational orders will be subject to additional shipping and handling costs.L&M HydraComm LLC will notify Buyer of any increase in the shipping chargeof your order prior to billing and shipping.

Carriers

Unless stated otherwise, all items are sold FOB L&MHydraComm LLC’s facility. Risk of loss shall pass to Buyer upon L&MHydraComm LLC's delivery to a carrier. Shipments that are lost, mis-routed,delayed, damaged, or otherwise impacted while in transit are beyond L&MHydraComm LLC’s control and therefore not L&M HydraComm LLC’sresponsibility. L&M HydraComm LLC will assist the Buyer in filing claimswith the carrier and promptly remit any refund due the Buyer that L&MHydraComm LLC may receive from the carrier as a result of those claims.

Estimated Delivery Time

Please allow approximately 1-5 business days for delivery ofstocked items in the continental United States. Please allow additional timefor LTL freight shipments and ground shipments to Alaska, Hawaii, Puerto Ricoand International Orders. Any estimated delivery dates shown are approximateonly and L&M HydraComm LLC shall have no liability for any delays indelivery.

Returns

If an item must be returned, please notify us by phone oremail within 30 days of receipt to receive a Return Goods Authorization Number(RGA#). All items must be postmarked within 30 days of the original date ofpurchase and returned unblemished with all factory hydraulic plugs in place andin original packaging. Items that are returned in complete and good unusedcondition will result in a refund issued to the Buyer upon L&M HydraCommLLC’s receipt and successful inspection to verify unit is in complete and goodunused condition, at L&M HydraComm LLC’s sole discretion. L&M HydraCommLLC is not responsible for any packages lost or damaged during return shipping.

Limited Warranty

L&M HydraComm LLC warrants the new excavator final drivemotors sold by it will be free from defects in materials and workmanship for aperiod of two years from delivery to Buyer, unless noted otherwise on the itemlisting, receipt, invoice or bill of sale. L&M HydraComm LLC warrants thenew compact track loader and skid steer drive motors sold by it will be be freefrom defects in materials and workmanship for a period of one year fromdelivery to Buyer, unless noted otherwise on the item listing, receipt,invoice, or bill of sale. This limited Warranty is applicable only whenproducts are installed and used in accordance with The L&M HydraComm LLC'sprinted instructions, original manufacturer’s specification for operations andmaintenance, and all applicable federal, state and local regulations. Due tothe complexity and high pressures of modern hydraulic systems, L&MHydraComm LLC encourages that the repair and replacement of hydrauliccomponents be conducted only by qualified mechanics with appropriate experienceand certifications. L&M HydraComm LLC further encourages that the originalequipment manufacturer approved procedures for installation and service befollowed strictly and cautiously.

This warranty does not cover units which have beendisassembled or repaired by anyone other than L&M HydraComm LLC, norfailure due to any of the following, any of which render this warranty null andvoid:

Misuse, abuse, neglect, accident, improperconnection/installation, overloading or tampering;

Physical damage (e.g. fractured or cracked housings orflanges, stripped threads, etc);

Failure to inspect and resolve all sources of hydraulicfluid contamination or excessive return pressure on the machine prior toinstallation (e.g. case drain filters, hydraulic filters, tanks, hydraulic lineobstructions, bad crossovers or swivel joints, etc);

Failure to install, operate, or perform maintenanceaccording to original manufacturer's specifications (e.g. not regularlychecking, flushing, and changing hydraulic fluid, filters, and gear oil tomaintain proper lubrication);

Inadequate or improper skill of the operator;

Shipping damage – requires a claim with the freight carrier;or

Any other factors outside L&M HydraComm LLC’s control.

Should a problem occur during the warranty period, pleasebring it to L&M HydraComm LLC’s attention immediately by phone or email toreceive a Return Goods Authorization Number (RGA#). . Failure by Buyer to givesuch written notice within 30 days after discovery of what Buyer believes is adefect shall be deemed an absolute and unconditional waiver of Buyer's claimfor such defects. Any unit to be considered for warranty coverage must bereturned to L&M HydraComm LLC’s facility for inspection, referencing theRGA#. Upon inspection, if the product or any part thereof in the sole judgmentof L&M HydraComm LLC is proven to be defective in material or workmanship,L&M HydraComm LLC shall, at its sole option, repair or replace the productor components proven to be defective. If the product is proven to be defectivein material or workmanship at L&M HydraComm LLC’s sole discretion, andcannot be repaired or replaced, Buyer will receive full credit for the originalpurchase

At Buyer's request, we will provide an estimate on the timerequired for the warranty inspection and repair process. If the Buyer has needan immediate replacement, Buyer has the option of purchasing a new replacementunit for immediate shipment. Once the unit that Buyer believes was defectivehas been inspected and proven at L&M HydraComm LLC’s sole discretion to bedefective in material or workmanship, and Buyer has been shipped and paid foran immediate replacement option, Buyer may elect to either have the repairedwarranted unit returned to the Buyer or L&M HydraComm LLC will issue Buyera full credit for the purchase of the new replacement, and L&M HydraCommLLC will retain possession of the repaired warranted unit. If the inspectiondetermines in L&M HydraComm LLC’s sole discretion that the warranty is voidand a replacement has been shipped and paid for, Buyer may elect to either havethe warranty-voided unit returned to Buyer as-is and unrepaired or L&MHydraComm LLC will issue Buyer a credit of 25% of the original net purchaseprice after discounts and before tax and shipping, which is the estimatedsalvage value of the warranty-voided unit.

Lifetime Replacement Discount Programs (Effective withpurchases made on or after May 1st, 2016)

Buyer is eligible to receive a one-time credit of 15% of theoriginal net purchase price after discounts and before tax and shippingcharges, to be used solely as a credit toward the purchase from L&MHydraComm LLC of a new final drive motor at the current retail price listed onour website, solely to replace a final drive motor of the same type and modeloriginally purchased from L&M HydraComm LLC. The 15% drive purchase creditis limited exclusively to replacing drives purchased from L&M HydraCommLLC, and Buyer or subsequent owner must request the discount and provide anoriginal receipt of purchase and have met all other conditions of the LimitedWarranty, at L&M HydraComm LLC’s sole discretion.

Warranty Disclaimer

This site and the materials and products on this site areprovided "as is" and without warranties of any kind, whether expressor implied, unless stated in the above Limited Warranty. To the fullest extentpermissible pursuant to applicable law, L&M HydraComm LLC disclaims allwarranties, express or implied, including, but not limited to, impliedwarranties of merchantability and fitness for a particular purpose andnon-infringement whether used alone or in combination with any other productsor materials. L&M HydraComm LLC does not represent or warrant that thefunctions contained in the site will be uninterrupted or error-free, that thedefects will be corrected, or that this site or the server that makes the siteavailable are free of viruses or other harmful components. L&M HydraCommLLC does not make any warrantees or representations regarding the use of thematerials in this site in terms of their correctness, accuracy, adequacy,usefulness, timeliness, reliability or otherwise.

Limitation of Liability

L&M HydraComm LLC shall not be liable for any special orconsequential damages that result from the use of, or the inability to use, thematerials on this site or the performance of the products, even if L&MHydraComm LLC has been advised of the possibility of such damages.

The above Limited Warranty and the above obligations torepair or replace are complete and exclusive, and L&M HydraComm LLCexpressly disclaims liability for any other special consequential damages orexpenses of any nature whatsoever.

The exclusive remedy of the Buyer shall be a right of actionto recover damages limited to the purchase price of the merchandise, as may bedefective, less its salvage value, estimated at 25% of the original net purchaseprice after discounts and before tax and shipping charges. No claim madehereunder by the Buyer for goods delivered or non-delivered shall be greaterthan the net purchase price less salvage value, estimated at 25% of the netpurchase price after discounts and before tax and shipping charges. L&MHydraComm LLC shall not be liable hereunder to Buyer or others claiming throughthe Buyer for special or consequential damages for any reason whatsoever.

L&M HydraComm LLC neither assumes nor authorizes any personto assume for L&M HydraComm LLC any other liability in connection with thesale and/or use of said merchandise. The Limited Warranty shall not apply toany merchandise which has been repaired or altered outside the L&MHydraComm LLCs factory in any way so as, in the sole judgment of The L&MHydraComm LLC to affect its performance, nor to any merchandise which shallhave been installed or operated contrary to L&M HydraComm LLC’sinstructions.

If L&M HydraComm LLC furnishes technical advice toBuyer, whether or not at Buyer's request, with respect to application, furthermanufacture or other use of products and parts, L&M HydraComm LLC shall notbe liable for such technical advice and Buyer assumes all risks of such adviceand the results thereof.

This agreement shall be construed and the rights andobligations of the parties hereto under this agreement shall be determined inaccordance with the laws of the state of North Carolina, U.S.A.

Taxes

All applicable state, local, and federal sales, use, exciseor similar taxes shall be the obligation of the Buyer. Unless otherwiseindicated on the face hereof, all prices and charges are exclusive of excise,sales, use, property, occupational or like taxes which may be imposed by anytaxing authority upon the manufacture, sale or delivery of the items soldhereunder. If any such taxes must be paid by L&M HydraComm LLC or ifL&M HydraComm LLC is liable for the collection of such tax, the amountthereof shall be in addition to the amounts for the items sold. Buyer agrees topay all such taxes or to reimburse L&M HydraComm LLC therefore upon receiptof its invoice. If Buyer claims exemption from any sales, use or other taximposed by any taxing authority, Buyer shall save L&M HydraComm LLCharmless from and against any such tax, together with any interest or penaltiesthereon which may be assessed if the items are held to be taxable.

Copyright

The entire content included in this site, including but notlimited to text, graphics or code is copyrighted as a collective work under theUnited States and other copyright laws, and is the property of L&MHydraComm LLC. The collective work includes works that are licensed to L&MHydraComm LLC. Copyright 2012, L&M HydraComm LLC ALL RIGHTS RESERVED.Permission is granted to electronically copy and print hard copy portions ofthis site for the sole purpose of placing an order with L&M HydraComm LLCor purchasing L&M HydraComm LLC products. Buyer may display and, subject toany expressly stated restrictions or limitations relating to specific material,download or print portions of the material from the different areas of the sitesolely for your own non-commercial use, or to place an order with L&MHydraComm LLC or to purchase L&M HydraComm LLC products. Any other use,including but not limited to the reproduction, distribution, display ortransmission of the content of this site is strictly prohibited, unlessauthorized by L&M HydraComm LLC. Buyer further agrees not to change ordelete any proprietary notices from materials downloaded from the site.

Manufacturer References

All manufacturers' names, models, numbers, symbols, rights,trademarks, and descriptions and other property used in the site are providedfor reference purposes only, and it is not intended to imply that any parts forsale are the product of these manufacturers. L&M HydraComm LLC is anindependent company and L&M HydraComm LLC does not in any way represent themanufacturers of the machines for which the parts are sold.

Trademarks

All trademarks, service marks and trade names of L&MHydraComm LLC used in the site are trademarks or registered trademarks ofL&M HydraComm LLC

Typographical Errors

In the event that a L&M HydraComm LLC product is mistakenlylisted at an incorrect price, L&M HydraComm LLC reserves the right torefuse or cancel any orders placed for product listed at the incorrect price.L&M HydraComm LLC reserves the right to refuse or cancel any such orderswhether or not the order has been confirmed and your credit card charged. Ifyour credit card has already been charged for the purchase and your order iscancelled, L&M HydraComm LLC shall issue a credit to your credit cardaccount in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to Buyer upon youraccessing the site and/or completing the registration or shopping process.These terms and conditions, or any part of them, may be terminated by L&MHydraComm LLC without notice at any time, for any reason. The provisionsrelating to Copyrights, Trademark, Disclaimer, Limitation of Liability,Indemnification and Miscellaneous, shall survive any termination.

Notice

L&M HydraComm LLC may deliver notice to Buyer by meansof e-mail, a general notice on the site, or by other reliable method to theaddress Buyer have provided to L&M HydraComm LLC. Any notices orcommunications required or permitted hereunder by the Buyer shall be sent byemail, fax, or postal mail to L&M HydraComm LLC at its documented contactinformation on file. Any such notice or communication to either party shall bedeemed to have been received on the third business day following electronictransmission or postmarked date.

Miscellaneous

L&M HydraComm LLC reserves the right to refuse to sellto anyone for any reason at L&M HydraComm LLC’s sole discretion. Your useof this site shall be governed in all respects by the laws of the state ofNorth Carolina, U.S.A., without regard to choice of law provisions, and not bythe 1980 U.N. Convention on contracts for the international sale of goods.Buyer agree that jurisdiction over and venue in any legal proceeding directlyor indirectly arising out of or relating to this site (including but notlimited to the purchase of L&M HydraComm LLC products) shall be in thestate or federal courts located in Rowan County, North Carolina. Any cause ofaction or claim Buyer may have with respect to the site (including but notlimited to the purchase of L&M HydraComm LLC’s products) must be commencedwithin one (1) year after the claim or cause of action arises. L&MHydraComm LLC's failure to insist upon or enforce strict performance of anyprovision of these terms and conditions shall not be construed as a waiver ofany provision or right. Neither the course of conduct between the parties nortrade practice shall act to modify any of these terms and conditions. L&MHydraComm LLC may assign its rights and duties under this Agreement to anyparty at any time without notice to Buyer.

Use of Site

Harassment in any manner or form on the site, including viae-mail, chat, or by use of obscene or abusive language, is strictly forbidden.Impersonation of others, including an L&M HydraComm LLC or other licensedemployee, host, or representative, as well as other members or visitors on thesite is prohibited. Buyer may not upload to, distribute, or otherwise publishthrough the site any content which is libelous, defamatory, obscene, threatening,invasive of privacy or publicity rights, abusive, illegal, or otherwiseobjectionable which may constitute or encourage a criminal offense, violate therights of any party or which may otherwise give rise to liability or violateany law. Buyer may not upload commercial content on the site or use the site tosolicit others to join or become members of any other commercial online serviceor other organization.

Participation Disclaimer

L&M HydraComm LLC does not and cannot review allcommunications and materials posted to or created by users accessing the site,and is not in any manner responsible for the content of these communicationsand materials. Buyer acknowledges that by providing Buyer with the ability toview and distribute user-generated content on the site, L&M HydraComm LLCis merely acting as a passive conduit for such distribution and is notundertaking any obligation or liability relating to any contents or activitieson the site. However, L&M HydraComm LLC reserves the right to block orremove communications or materials that it determines to be (a) abusive,defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) inviolation of a copyright, trademark or; other intellectual property right ofanother or (d) offensive or otherwise unacceptable to L&M HydraComm LLC inits sole discretion.

Indemnification

Buyer agree to indemnify, defend, and hold harmless L&MHydraComm LLC, its officers, directors, employees, agents, licensors andsuppliers (collectively the "Service Providers") from and against alllosses, expenses, damages and costs, including reasonable attorneys' fees,resulting from any violation of these terms and conditions or any activityrelated to your account (including negligent or wrongful conduct) by Buyer or anyother person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to L&MHydraComm LLC’s visitors, L&M HydraComm LLC may link to sites operated bythird parties. However, even if the third party is affiliated with L&MHydraComm LLC, L&M HydraComm LLC has no control over these linked sites,all of which have separate privacy and data collection practices, independentof L&M HydraComm LLC. These linked sites are only for your convenience andtherefore Buyer access them at your own risk. Nonetheless, L&M HydraCommLLC seeks to protect the integrity of its web site and the links placed upon itand therefore requests any feedback on not only its own site, but for sites itlinks to as well (including if a specific link does not work).

30 Days Money Back Guarantee
  • Manufacturers' trademarked names, models, part numbers, symbols, and related descriptions are provided for reference only to help you with finding the right aftermarket replacement final drive for your machine. This reference information does not imply that any items for sale are the product of those referenced manufacturers and does not imply that L&M HydraComm LLC is an authorized source nor agent of the referenced machine manufacturers.