Terms
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE AND USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. The following terms and conditions shall constitute the entire Agreement for the purchase and sale of L&M HydraComm LLC’s products or materials, including, but not limited to,
www.MiniFinalDrives.com and eBay store MiniFinalDrives. Purchase and retained possession of L&M HydraComm LLC’s products or materials beyond the specified Return period constitutes Agreement with these terms and conditions and a waiver of your right to Return. If Buyer does not agree to these terms and conditions, please do not use this site.
Shipping
Unless stated otherwise, all items are sold FOB L&M HydraComm LLC’s facility. Risk of loss shall pass to Buyer upon L&M HydraComm LLC's delivery to a carrier. Shipments that are lost, mis-routed, delayed, damaged, or otherwise impacted while in transit are beyond L&M HydraComm LLC’s control and therefore not L&M HydraComm LLC’s responsibility. The risk of loss and damage pass to the Buyer the moment that L&M HydraComm LLC places the purchased items in the carrier’s control. L&M HydraComm LLC will assist the Buyer in filing claims with the carrier and promptly remit any refund due the Buyer that L&M HydraComm LLC may receive from the carrier as a result of those claims. Buyer understands and expressly agrees that the risk of loss and damage are the Buyer’s responsibility upon placement of the purchased items with the carrier by L&M HydraComm LLC.
Estimated Delivery Time
Please allow approximately 1-5 business days for delivery of stocked items in the continental United States. Please allow additional time for LTL freight shipments and ground shipments to Alaska, Hawaii, Puerto Rico and International Orders. Any estimated delivery dates shown are approximate only and L&M HydraComm LLC shall have no liability for any delays in delivery.
Returns
If an item must be returned, you must notify us by phone or email within 30 days of the original date of purchase by you in order to receive a Return Goods Authorization Number (RGA#). All items must be postmarked within 30 days of the original date of purchase and returned unblemished with all factory hydraulic plugs in place and in original packaging. Items that are returned in complete, good, and unused condition will result in a refund issued to the Buyer upon L&M HydraComm LLC’s receipt and successful inspection to verify unit is in complete, good, and unused condition, at L&M HydraComm LLC’s sole discretion. L&M HydraComm LLC is not responsible for any packages lost or damaged during return shipping. The risk of loss and damage are on the Buyer until L&M HydraComm LLC’s receipt of the returned items.
Limited Warranty
L&M HydraComm LLC warrants the new excavator final drive motors sold by it will be free from manufacturer defects for a period of two years from delivery to Buyer, unless noted otherwise on the item listing, receipt, invoice, or bill of sale. L&M HydraComm LLC warrants the new compact track loader drives sold by it will be free from manufacturer defects for a period of one year from delivery to Buyer, unless noted otherwise on the item listing, receipt, invoice, or bill of sale. This limited Warranty is applicable only when products are installed on name brand excavators or compact track loaders and used in accordance with the L&M HydraComm LLC's printed instructions, original manufacturer’s specification for operations and maintenance, and all applicable federal, state and local regulations. Due to the complexity and high pressures of modern hydraulic systems, L&M HydraComm LLC recommends that the repair and replacement of hydraulic components be conducted only by qualified mechanics with appropriate experience and certifications. L&M HydraComm LLC further requires that the original equipment manufacturer approved procedures for installation, maintenance, and service be followed strictly and cautiously. This warranty does not cover units which have been disassembled or repaired by anyone other than L&M HydraComm LLC, nor failure due to any of the following, any of which render this warranty null and void:
I.Misuse, abuse, neglect, accident, improper connection/installation, overloading or tampering;
II.Physical damage (e.g. fractured or cracked housings or flanges, stripped threads, etc);
III.Failure to inspect and resolve all sources of hydraulic fluid contamination on the machine prior to installation (e.g. filters, tanks, hydraulic line obstructions, etc);
IV.Failure to install, operate, or perform maintenance according to original manufacturer's specification (e.g. not regularly checking, flushing, and changing hydraulic fluid, filters, and gear oil to maintain proper lubrication);
V.Inadequate or improper skill of the operator;
VI.Shipping damage – requires a claim with the freight carrier;
VII. Installation on custom fabricated machines other than brand name excavators and compact track loaders; or
VIII.Any other factors outside L&M HydraComm LLC’s control.
Warranty claims must be submitted by the Buyer possessing proof of purchase and maintenance documentation or by a subsequent owner possessing the original Buyer's documentation. Should a problem occur during the warranty period, please bring it to L&M HydraComm LLC’s attention immediately by phone or email to receive a Return Goods Authorization Number (RGA#). Failure by Buyer to give such notice within 30 days after discovery of what Buyer believes is a defect shall be deemed an absolute and unconditional waiver of Buyer's claim for such defects. Any unit to be considered for warranty coverage must be returned to L&M HydraComm LLC’s facility for inspection, referencing the RGA#. Upon inspection, if the product or any part thereof in the sole judgment of L&M HydraComm LLC is proven to be defective in material or workmanship, L&M HydraComm LLC shall, at its sole discretion, replace or repair the product or components proven to be defective. If the product is proven to be defective in material or workmanship at L&M HydraComm LLC’s sole discretion, and cannot be repaired or replaced, Buyer will receive full credit for the original purchase.
At Buyer's request, we will provide an estimate on the time required for the warranty inspection and repair process. If the Buyer requires an immediate replacement, Buyer has the option of purchasing a new replacement unit for immediate shipment. Once the unit that Buyer believes was defective has been inspected and proven at L&M HydraComm LLC’s sole discretion to be defective in material or workmanship, and Buyer has been shipped and paid for an immediate replacement option, Buyer may elect to either have the repaired, warranted unit returned to the Buyer or L&M HydraComm LLC will issue Buyer a full credit for the purchase of the new replacement, and L&M HydraComm LLC will retain possession of the repaired warranted unit. In any event, Buyer will only be permitted to retain either the new replacement unit or the repaired unit, but not both. If the inspection determines in L&M HydraComm LLC’s sole discretion that the warranty is void and a replacement has been shipped and paid for, Buyer may elect to either have the warranty-voided unit returned to Buyer as-is and unrepaired or L&M HydraComm LLC will issue Buyer a credit of 25% of the original net purchase price after discounts and before tax and shipping, which is the estimated salvage value of the warranty-voided unit.
Lifetime Replacement Discount Programs (Effective with purchases made on or after May 1st, 2016)
Buyer is eligible to receive a one-time credit of 15% of the original net purchase price after discounts and before tax and shipping charges, to be used solely as a credit toward the purchase of a new final drive motor from L&M HydraComm LLC at the current retail price listed on our website, solely to replace a final drive motor of the same type and model originally purchased from L&M HydraComm LLC. The 15% drive purchase credit is limited exclusively to replacing drives and sprockets purchased from L&M HydraComm LLC, and Buyer or subsequent owner must request the discount and provide an original receipt of purchase and have met all other conditions of the Limited Warranty, which shall be determined in L&M HydraComm LLC’s sole discretion.
Warranty Disclaimer
The materials and products are otherwise provided "as is" and without warranties of any kind, whether express or implied, unless stated in the above Limited Warranty. To the fullest extent permissible pursuant to applicable law, L&M HydraComm LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement whether used alone or in combination with any other products or materials. L&M HydraComm LLC does not make any warrantees or representations regarding the use of provided products and materials in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Likewise, L&M HydraComm LLC shall not provide any maintenance on purchased units unless otherwise indicated in this Agreement.
Limitation of Liability
L&M HydraComm LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the products or materials or the performance of the products or materials, even if L&M HydraComm LLC has been advised of the possibility of such damages. The above Limited Warranty and the above obligations to repair or replace are complete and exclusive, and L&M HydraComm LLC expressly disclaims liability for any other special consequential damages or expenses of any nature whatsoever.
The exclusive remedy of the Buyer shall be a right of action to recover damages limited to the purchase price of the products or materials, as may be defective, less its salvage value, estimated at 25% of the original net purchase price after discounts and before tax and shipping. No claim made hereunder by the Buyer for goods delivered or non-delivered shall be greater than the purchase price less salvage value, estimated at 25% of the original net purchase price after discounts and before tax and shipping. L&M HydraComm LLC shall not be liable hereunder to Buyer or others claiming through the Buyer for special or consequential damages for any reason whatsoever.
L&M HydraComm LLC neither assumes nor authorizes any person to assume for L&M HydraComm LLC any other liability in connection with the sale and/or use of said products or materials. The Limited Warranty shall not apply to any products or materials which have been repaired or altered outside the L&M HydraComm LLCs factory in any way so as, in the sole judgment of The L&M HydraComm LLC to affect its performance, nor to any products or materials which shall have been installed or operated contrary to L&M HydraComm LLC’s instructions.If L&M HydraComm LLC furnishes technical advice to Buyer, whether or not at Buyer's request, with respect to application, further manufacture or other use of products and parts, L&M HydraComm LLC shall not be liable for such technical advice and Buyer assumes all risks of such advice and the results thereof.
This agreement shall be construed and the rights and obligations of the parties hereto under this agreement shall be determined in accordance with the laws of the state of North Carolina, U.S.A.
Indemnification
Buyer will indemnify, defend, and hold harmless L&M HydraComm LLC, and all its affiliated entities, including, without limitation, and any parent, subsidiary or division, and their officers, directors,employees, shareholders, and representatives (collectively “Entities�) from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable outside attorneys’ fees and costs that the Entities may incur or suffer and that result from, or are related to, any breach of this Agreement or damages resulting from Buyer’s use of purchased items from L&M HydraComm LLC whether in tort or in contract, including but not limited to, demands arising from injuries or death of persons and damage to property; performance of services or other performance by Buyer, any negligent acts, errors, omissions or willful misconduct of Buyer; any damages whatsoever arising from or related to the use of L&M HydraComm LLC’s products by Buyer; and Buyer agrees that any negligent act, error, omission or willful misconduct of Buyer while in the course of its work shall be considered a material breach of this Agreement. Buyer agrees that L&M HydraComm LLC may seek indemnification for damages up to the maximum amount permitted by law.
Taxes
All applicable state, local, and federal sales, use, excise or similar taxes shall be the obligation of the Buyer. Unless otherwise indicated on the face hereof, all prices and charges are exclusive of excise, sales, use, property, occupational or like taxes which may be imposed by any taxing authority upon the manufacture, sale or delivery of the items sold hereunder. If any such taxes must be paid by L&M HydraComm LLC or if L&M HydraComm LLC is liable for the collection of such tax, the amount thereof shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse L&M HydraComm LLC therefore upon receipt of its invoice. If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall save L&M HydraComm LLC harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable.
Copyright
The entire content included in the site and products or materials, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of L&M HydraComm LLC. The collective work includes works that are licensed to L&M HydraComm LLC. Copyright 2012, L&M HydraComm LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with L&M HydraComm LLC or purchasing L&M HydraComm LLC products. Buyer may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with L&M HydraComm LLC or to purchase L&M HydraComm LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by L&M HydraComm LLC. Buyer further agrees not to change or delete any proprietary notices from materials downloaded from the site.
Manufacturer References
MiniFinalDrives, owned and operated by L&M HydraComm LLC, is an independent aftermarket distributor and it is not affiliated with any compact equipment manufacturer. All manufacturers' names, models, numbers, symbols, rights, trademarks, and descriptions and other property used in the site are provided for reference purposes only, and it is not intended to imply that any parts for sale are the product of these manufacturers. L&M HydraComm LLC is an independent company and does not in any way represent the manufacturers of the machines for which the parts are sold.
Trademarks
All trademarks, service marks and trade names of L&M HydraComm LLC used in the site are trademarks or registered trademarks of L&M HydraComm LLC.
Typographical Errors
In the event that a L&M HydraComm LLC product is mistakenly listed at an incorrect price, L&M HydraComm LLC reserves the right to refuse 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 orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, L&M HydraComm LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to Buyer upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by L&M HydraComm LLC without notice at any time, for any reason. The provisions relating 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 means of e-mail, a general notice on the site, or by other reliable method to the address Buyer provided to L&M HydraComm LLC. Any notices or communications required or permitted hereunder by the Buyer shall be sent by email, fax, or postal mail to L&M HydraComm LLC at its documented contact information on file. Any such notice or communication to either party shall be deemed to have been received on the third business day following electronic transmission or postmarked date.
Miscellaneous
L&M HydraComm LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. L&M HydraComm LLC may assign its rights and duties under this Agreement to any party at any time without notice to Buyer. If any term or condition of this Agreement shall be adjudicated unenforceable by a court of competent jurisdiction, that term or condition shall be severable, and the rest of this Agreement shall remain intact.
Choice of Law and Choice of Forum
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina, without regard to the conflicts of law rules of North Carolina. In the event of litigation, all disputes related to this agreement shall be brought in the state or federal court(s) of Mecklenburg County, North Carolina.
Attorney's Fees
In the event that either party must enforce this agreement, the prevailing party shall have its reasonable attorney’s fees and costs paid for by the non-prevailing party.
Mediation
The Parties expressly agree that they will be required to attend mediation prior to any lawsuit being filed by either party against either party. The mediator shall be designated by L&M HydraComm LLC and shall take place on an agreeable date in the first 60 days after any dispute under this Agreement arises.
Waivers
The waiver of any breach of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or different provision of this Agreement.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an L&M HydraComm LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Buyer may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Buyer may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
L&M HydraComm LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. Buyer acknowledges that by providing Buyer with the ability to view and distribute user-generated content on the site, L&M HydraComm LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, L&M HydraComm LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to L&M HydraComm LLC in its sole discretion.
Third-Party Links
In an attempt to provide increased value to L&M HydraComm LLC’s visitors, L&M HydraComm LLC may link to sites operated by third parties. However, even if the third party is affiliated with L&M HydraComm LLC, L&M HydraComm LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of L&M HydraComm LLC. These linked sites are only for your convenience and therefore Buyer access them at your own risk. Nonetheless, L&M Hydra Comm LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
