Terms and Conditions of Sale and Site Use for shophydraulicamerica.com, operated by Hydraulic America:
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 Hydraulic America’s products and use of Hydraulic America’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 Hydraulic America’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. Hydraulic America will notify Buyer of any increase in the shipping charge of your order prior to billing and shipping.
Unless stated otherwise, all items are sold FOB Hydraulic America’s facility. Risk of loss shall pass to Buyer upon Hydraulic America's delivery to a carrier. Shipments that are lost, mis-routed, delayed, damaged, or otherwise impacted while in transit are beyond Hydraulic America’s control and therefore not Hydraulic America’s responsibility. Hydraulic America will assist the Buyer in filing claims with the carrier and promptly remit any refund due the Buyer that Hydraulic America may receive from the carrier as a result of those claims.
Estimated Delivery Time
Please allow approximately 2-5 business days for delivery of stocked items in the continental United States and Canada. 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 Hydraulic America shall have no liability for any delays in delivery.
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 Hydraulic America’s receipt and successful inspection to verify unit is in complete and good unused condition, at Hydraulic America’s sole discretion. Hydraulic America is not responsible for any packages lost or damaged during return shipping.
Hydraulic America 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. This limited Warranty is applicable only when products are installed and used in accordance with The Hydraulic America'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, Hydraulic America encourages that the repair and replacement of hydraulic components be conducted only by qualified mechanics with appropriate experience and certifications. Hydraulic America 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 Hydraulic America, 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 Hydraulic America’s control.
Should a problem occur during the warranty period, please bring it to Hydraulic America’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 Hydraulic America’s facility for inspection, referencing the RGA#. Upon inspection, if the product or any part thereof in the sole judgment of Hydraulic America is proven to be defective in material or workmanship, Hydraulic America 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 Hydraulic America’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 Hydraulic America’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 Hydraulic America will issue Buyer a full credit for the purchase of the new replacement, and Hydraulic America will retain possession of the repaired warranted unit. If the inspection determines in Hydraulic America’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 Hydraulic America 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.
Within 1 month and 2 years Warranty Claims
Original motor must be shipped and received by Seller before the replacement is sent to the Buyer. If the inspection determines in Hydraulic America’s sole discretion that the warranty is valid, a new replacement motor is exchanged for the original motor and paid by Hydraulic America for shipping to and from the Buyer’s location.
Lifetime Replacement Discount Programs (Effective with purchases made on or after May 1st, 2021)
Buyer is eligible to receive a one-time credit of 5% 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 Hydraulic America 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 Hydraulic America. The 5% drive purchase credit is limited exclusively to replacing drives purchased from Hydraulic America, 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 Hydraulic America’s sole discretion.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether expressed or implied, unless stated in the above Limited Warranty. To the fullest extent permissible pursuant to applicable law, Hydraulic America 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. Hydraulic America 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. Hydraulic America 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
Hydraulic America 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 Hydraulic America 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 Hydraulic America 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. Hydraulic America shall not be liable hereunder to Buyer or others claiming through the Buyer for special or consequential damages for any reason whatsoever.
Hydraulic America neither assumes nor authorizes any person to assume for Hydraulic America 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 Hydraulic Americas factory in any way so as, in the sole judgment of The Hydraulic America to affect its performance, nor to any merchandise which shall have been installed or operated contrary to Hydraulic America’s instructions.
If Hydraulic America 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, Hydraulic America 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 province of Ontario, Canada.
All applicable provincial, 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 Hydraulic America or if Hydraulic America 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 Hydraulic America 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 Hydraulic America 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.
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 Hydraulic America. The collective work includes works that are licensed to Hydraulic America. Copyright 2021, Hydraulic America 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 Hydraulic America or purchasing Hydraulic America 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 Hydraulic America or to purchase Hydraulic America 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 Hydraulic America. Buyer further agrees not to change or delete any proprietary notices from materials downloaded from the site.
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.
All trademarks, service marks and trade names of Hydraulic America used in the site are trademarks or registered trademarks of Hydraulic America
In the event that a Hydraulic America product is mistakenly listed at an incorrect price, Hydraulic America reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hydraulic America 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, Hydraulic America shall issue a credit to your credit card account in the amount of the incorrect price.
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 Hydraulic America 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.
Hydraulic America 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 Hydraulic America. Any notices or communications required or permitted hereunder by the Buyer shall be sent by email, fax, or postal mail to Hydraulic America 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.
Hydraulic America reserves the right to refuse to sell to anyone for any reason at Hydraulic America’s sole discretion. Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, 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 Hydraulic America products) shall be in the provincial courts located in Niagara region, Ontario. Any cause of action or claim Buyer may have with respect to the site (including but not limited to the purchase of Hydraulic America’s products) must be commenced within one (1) year after the claim or cause of action arises. Hydraulic America'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. Hydraulic America 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 Hydraulic America 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.
Hydraulic America 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, Hydraulic America 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, Hydraulic America 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 Hydraulic America in its sole discretion.
Buyer agree to indemnify, defend, and hold harmless Hydraulic America, 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.
In an attempt to provide increased value to Hydraulic America’s visitors, Hydraulic America may link to sites operated by third parties. However, even if the third party is affiliated with Hydraulic America, Hydraulic America has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hydraulic America. These linked sites are only for your convenience and therefore Buyer access them at your own risk. Nonetheless, Hydraulic America 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).