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 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 and use of L&M
HydraComm LLC’s sites. If Buyer does not agree to these terms and conditions,
please do not use this site. Use of this site or purchase of L&M HydraComm
LLC’s products constitutes Agreement with these terms and conditions.
Shipping and Handling Charges
Shipping and handling charges are calculated based on cube size
and weight of your order. Shipments to Alaska, Hawaii, Puerto Rico, and
International orders will be subject to additional shipping and handling costs.
L&M HydraComm LLC will notify Buyer of any increase in the shipping charge
of your order prior to billing and shipping.
Carriers
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. 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.
Estimated
Delivery Time
Please allow approximately 1-3 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,
please notify us by phone or email 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 of purchase and returned unblemished with all
factory hydraulic plugs in place and in original packaging. Items that are returned in complete and good
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 and good 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.
Limited Warranty
L&M HydraComm LLC warrants the new excavator final drive motors sold by it will be
free from defects in materials and workmanship 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 and skid steer drive motors sold by it will be be free from defects in materials and workmanship 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 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 encourages that the repair and replacement of hydraulic
components be conducted only by qualified mechanics with appropriate experience
and certifications. L&M HydraComm LLC further encourages that the original
equipment manufacturer approved procedures for installation 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:
Misuse, abuse, neglect, accident, improper
connection/installation, overloading or tampering;
Physical damage (e.g. fractured or cracked housings or flanges,
stripped threads, etc);
Failure to inspect and resolve all sources of hydraulic fluid
contamination or excessive return pressure on the machine prior to installation (e.g. case drain filters, hydraulic filters, tanks,
hydraulic line obstructions, bad crossovers or swivel joints, etc);
Failure to install, operate, or perform maintenance according to
original manufacturer's specifications (e.g. not regularly checking, flushing,
and changing hydraulic fluid, filters, and gear oil to maintain 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, 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
written 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 option, repair or replace 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 has need
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. 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 from L&M HydraComm LLC of a new final drive motor 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 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, at L&M HydraComm LLC’s sole
discretion.
Warranty Disclaimer
This site and the materials and products on this site are 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 represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the defects
will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. L&M HydraComm
LLC does not make any warrantees or representations regarding the use of the
materials 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 or
consequential damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, 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 merchandise, as may be
defective, less its salvage value, estimated at 25% of the original net purchase
price after discounts and before tax and shipping charges. No claim made
hereunder by the Buyer for goods delivered or non-delivered shall be greater
than the net purchase price less salvage value, estimated at 25% of the net purchase
price after discounts and before tax and shipping charges. 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 merchandise. The Limited Warranty shall not apply to
any merchandise which has 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 merchandise 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.
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 this site, 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
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 L&M HydraComm LLC 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 have
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 reserves the right to refuse to sell to anyone for any
reason at L&M HydraComm LLC’s sole discretion. Your use of this site shall
be governed in all respects by the laws of the state of North Carolina, U.S.A.,
without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. Buyer agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of L&M
HydraComm LLC products) shall be in the state or federal courts located in
Rowan County, North Carolina. Any cause of action or claim Buyer may have with
respect to the site (including but not limited to the purchase of L&M
HydraComm LLC’s products) must be commenced within one (1) year after the claim
or cause of action arises. 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.
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.
Indemnification
Buyer agree to indemnify, defend, and hold harmless L&M HydraComm
LLC, its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of these terms and conditions or any activity related to
your account (including negligent or wrongful conduct) by Buyer or any other
person accessing the site using your Internet account.
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 HydraComm 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).
info@minifinaldrives.com