Stone Equipment Parts, LLC Policies:
(Additional Policies per Manufacture may also go into effect per Product. Please see the listed Manufacturer link for more details. Please see additional Core Return Guidelines).
All manufacturer’s names, part numbers and descriptions are used for reference purposes only. We do not imply that any part shown is the product of these manufacturers. We also do not imply that the list price shown is exactly that of the manufacturer.
We currently only ship to the continental 48 States within the United States.
Our Business days are Monday-Friday (excluding holidays).
Inspection & Acceptance:
Returns: Claims for damage, shortage or errors in shipping must be reported within five (5) business days following delivery to Buyer by calling customer service at 928-208-5777 and sending an email to firstname.lastname@example.org. For defective, damaged or Products Buyer wants to return Buyer is to contact customer service at 928.208.5777. To return a Product, Buyer must also email customer service at email@example.com to submit a request for return form and receive authorization to obtain credit for returned Products. Once Buyer obtains a Return Merchandise Authorization (RMA) number Buyer must place the item securely in its original packaging with return form provided and mail the return to the address provided with the RMA. All returned Products must be in saleable condition, in their original packaging, and returned to Seller shipper freight prepaid with risk of loss on the Buyer until received by Seller. A 20% restocking fee and any freight paid by Seller will be deducted from the purchase price. Buyer is responsible for all return shipping charges and Seller strongly recommends that Buyer uses a trackable method to mail a return. All returns must be postmarked within twenty one (21) days of the purchase date with all returned items in new and unused condition, with all original tags and labels attached. Items which were special ordered or have been obsolete may not be returned. All Sale Items are FINAL SALE and cannot be returned. After receiving a return and inspecting the condition of the Product, Seller will process Buyer’s return or exchange. Buyer must allow at least fourteen (14) days from the receipt of the Product to process a return or exchange. Refunds may take 1-2 billing cycles to appear on Buyer’s payment method statement. Seller will notify Buyer by email when a return has been processed
Shipment; Delivery; Risk of Loss:
Products are currently only sold and shipped to the lower continental 48 States within the United States. PO Boxes are not acceptable shipping addresses. Residential Addresses may incur additional delivery cost and or instruction and may not be available. The method of packing and shipment of the Products sold hereunder shall be at the discretion of the Seller. Seller will make a good faith effort to complete delivery of the Products as indicated by Seller in writing, but Seller assumes no responsibility or liability and will accept no back charge for loss or damage due to delay or inability to deliver whether or not such a loss or damage was made known to Seller, including, but not limited to, delay caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of the Seller. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay. If a delivery is delayed as a result of any action or inaction of Buyer, Seller may invoice Buyer for the Products as of the scheduled delivery date and may charge Buyer for warehousing and other expenses incurred because of the delay. All products are shipped F.O.B., point of shipment, unless otherwise so specified in the Seller’s pricing. Risk of loss shall transfer to the Buyer upon first tender of goods to Buyer, Buyer’s representative, or common carrier. The cost of any special packaging or special handling caused by Buyer’s requirements or requests shall be added to the amount of the order. Claims for Products damaged or lost in transit should be made by Buyer to the carrier, as Seller’s responsibility ceases upon tender of goods to Buyer, Buyer’s representative, or common carrier. Seller recommends any damaged shipping carton be retained or the damaged photograph as claims for damage in transit will be made by Buyer to the transport company.
Orders will not be canceled once processed. All custom requested / supplied products can not be canceled.
Prices – Adjustments:
All prices quoted or agreed to by Seller apply only to Products scheduled for shipment no more than 30 days from date of receipt of Buyer’s order by Seller. Seller reserve the right to increase its prices for later releases and shipments. All cost of shipping the Products to Buyer, including without limitation, freight, Insurance (either for Buyer’s or Seller’s benefit) and special packaging or handling, shall be in addition to the stated prices and shall be paid by Buyer. Payment of all sums invoiced to Buyer shall be in U.S. currency. Seller shall be entitled to interest on all unpaid sums from the due date at the rate of 1 ½% per month or the maximum rate permitted by law, whichever is higher.
In additional to the stated prices, Buyer shall pay Seller the amount of any excise, sales, use or other taxes incident to the sale of Products hereunder for which Seller may be liable or which Seller is required by law to collect unless Buyer provides a proper tax exemption certificate at the time of the sale. Any liabilities that may result from the presentation of an invalid certificate will be the sole responsibility of the Buyer.
Seller’s Manufacturers warranties on the Products is limited to the express written warranties by the manufacturers themselves. Seller nor the manufacturers do not warrant any Product which has been subject to abuse, misuse, neglect or accident, any Product which has been repaired or altered by other than Seller.
Buyer does indemnify, defend and hold harmless Seller, its officers, agents and employees against any expense, loss attorney’s fees, costs, damage or liability arising out of all claims or actions for infringement of patents or copyrights, misappropriation of trade secrets or wrongful use of designs, trademarks, or trade names based on Product designs or specifications supplied by the Buyer.
Seller may, at its option, cancel Buyer’s order if (a) Buyer’s Payments are in default or Buyer breaches any material provisions hereof, (b) any cause specified in the Paragraph captioned “Excusable Delay” makes it commercially impractical in Sellers judgment to deliver the Products within a reasonable time or, (c) Buyer becomes insolvent or the subject of a proceeding under any bankruptcy law. Such cancellation shall not prejudice Seller’s right to any amounts then due to affect any other rights Seller may have under applicable provisions of controlling law. Buyer may cancel the remaining unfulfilled portion of its order upon written notice to Seller and upon payments of reason cancellation charges invoiced by Seller which may include the profit to be made on the canceled portion of the order and shall take into account the Products already produced or in process, the expenses already incurred and the commitments already made as a consequence of the order. In no events will the cancellation charges exceed the purchase price of a canceled product.
Buyer does indemnify and hold harmless Seller its officers, agents, and employees against all expense, loss, attorneys fees, damage or liability arising from any claim or action for Product defect where the alleged defect relates to design, labeling or manufacturing specifications supplied by Buyer. At the request of Seller, Buyer shall defend at its own expense all such claims or actions, provided that Seller shall be entitled at its election, to participate in such defense.
Limitation of Liability:
Seller’s liability for defective or non-conforming products, whether based on breach of warranty, negligent manufacturer or Product liability, is limited to repair or replacement, as Seller’s election, of such products. Seller assumes no risk and shall be subject to no liability for any damages or loss resulting from the specific use or application made of the Products. Seller’s liability for any other claim, whether based on breach of contract, negligence, product liability or otherwise, relating to the Products shall not exceed the price paid by Buyer for such Products. IN NO EVENT WILL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, LOSS OF PROFIT AND CLAIMS OF THIRD PARTIES) HOWEVER CAUSED, WEATHER BY THE NEGLIGENCE OF SELLER OR OTHERWISE.
Waiver; Assignments; Notices:
Failure by Seller to insist upon strict performance of any provisions hereof by Buyer shall not be deemed to be a waiver by Seller of its rights or remedies, or a waiver by it of any subsequent default to Buyer. Buyer shall not assign any of its rights or obligations hereunder without the prior written consent of Seller. Any notices and other communications required or permitted to be given hereunder she’ll be in writing and shall be effective when delivered personally, the next business day after being sent by email (later confirmed in writing), or upon receipt of mailed.
Shall be added by the Seller and billed to the Buyer in the event of force Collection.
Severability; Entire Agreement
In the event that one or more provisions hereof should be held to be unenforceable in any respect, this document shall be construed as if such unenforceable provision(s) had not been contained herein. These terms and conditions supersede all other representations, warranties undertaking of the parties with respect to the subject hereof and may not be modified except by a writing signed by an officer of Seller. If Buyer and Seller have executed an overriding agreement covering the sale of Products to which this document relates, the terms of said overriding agreement shall prevail over the terms stated herein to the extent of any conflict.
Conditions of using our website
- This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.
- A wide range of intellectual property rights are used in and relating to this website, including:
- our trademarks and logos;
- the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
- all the software used in relation to this website.
- We are the owner or the authorised licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.
About these conditions
- If you access or use any part of this website you agree to these conditions.
If you do not want to agree to these conditions, do not access or use this website.
- We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.
Using this website
- You cannot use this website:
- for any unlawful purpose;
- to send spam;
- to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to tamper with, update or change any part of the website;
- in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionately large burden on us or our suppliers’ communications and technical systems as determined by us; or
- h. using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
If you provide content for this website
- If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”). You agree to grant us permission, irrevocably
and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may
include providing the User Content to selected third party partners, service providers, social media and networking sites.
- You own your User Content at all times, and you continue to have the right to use it in any way you choose.
- By providing any User Content to the Website you confirm that your User Content:
- is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms; b. will not contain or promote anything illegal, harmful,
misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
- does not take away or affect any other person’s privacy rights, contract rights or any other rights;
- does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;
- will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
- will not contain any form of mass-mailing or spam.
- If you do not want to grant us the permissions set out above, please do not provide any material to the Website
- We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.
- We do not edit, pre-vet or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User
Content and, where we deem it appropriate, remove it within a reasonable time.
If you send a message through this website
- This site is published by Stone Equipment Parts or one of its subsidiaries . Stone Equipment Parts shall have the right to scan messages sent using the contact form on this website manually
and automatically and to store such messages. Any personal data you include in such messages may be
- used by Stone Equipment Parts for purposes reasonably associated with provision of this website and services,
- disclosed where disclosure is required by law, and
- used where any of your actions have breached these Conditions of Use. Personal data may be used by Stone Equipment Parts in an aggregated form.
- You use the website at your own risk.
- You should not rely on the website for advice.
- As far as the relevant laws allow, we do not guarantee that:
- there will be no problems with how you use the website; or
- the computer or server you use to log on to the website is free of viruses or other harmful programs.
Limits to our liability
- There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
- Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organisation involved in creating, producing, maintaining or distributing the website be liable
for any loss of:
- business or business opportunities;
- savings you expect to make;
- use of, or corruption to information; or
- If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract,
because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
- using or relying on the website;
- not being able to use the website;
- any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and
circumstances beyond our control;
- theft, destruction of information or someone getting access to our records, programs or services without our permission;
- goods, products, services or information received through or advertised on any website which we link to from this website; or
- any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.
The whole agreement
- These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.