LEGAL INFORMATION & NOTICES
PLEASE READ THIS DOCUMENT CAREFULLY! THESE NOTICES, COPYRIGHTS, DISCLAIMERS, AND TERMS & CONDITIONS SET FORTH BELOW APPLY TO ALL YOUR PURCHASES FROM STRAIGHTLINE HDD, INC. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
TERMS & CONDITIONS OF SALES
By accepting delivery of any product delivered from StraightLine HDD, Inc. (“StraightLine HDD”), you (“The Customer”) agree to be bound by the Terms & Conditions listed below. The Customer and StraightLine HDD agree that the following Terms & Conditions are the exclusive terms governing any sales transactions between The Customer and StraightLine HDD. Any attempt to alter, supplement, modify or amend these terms and conditions by the The Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these Terms & Conditions are subject to change at any time by StraightLine HDD without prior written notice. If these Terms & Conditions do change, StraightLine HDD will make a reasonable attempt to notify its previous customers. However, it is under no legal obligation to do so, and its failure to do so does not limit its rights to change them at will. Therefore, please check these Terms & Conditions carefully each time you place an order with or accept delivery of any goods from StraightLine HDD.
1. SATISFACTION GUARANTEE
StraightLine HDD, Inc. offers The Customer a 3-*day satisfaction replacement or refund guarantee on all purchases, except:
- Used Products
- Custom-built Ground-engaging Tools
- Drill Pipe or Drill Rod
- Vehicles or Trailers
To take advantage of StraightLine HDD’s Satisfaction Guarantee policy, The Customer agrees to comply with StraightLine HDD’s Product Return Procedure a set forth below. Any breach of StraightLine HDD’s Product Return Procedure will result in the loss of The Customer’s rights under the StraightLine HDD’s Satisfaction Guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
This policy does not apply to product warranty issues or to cases where StraightLine HDD has shipped a different product than was ordered by The Customer. Such issues are covered by other StraightLine HDD policies.
Products that have been used or installed are not eligible for return or refund under this policy.
2. PRODUCT WARRANTY
StraightLine HDD is a distributor of some products, and a manufacturer of others. Product warranties differ depending on the product and the manufacturer.
Products not manufactured by StraightLine HDD are covered by each manufacturer’s warranty, service, and support policies (if any). StraightLine HDD assigns and passes through to the Customer any warranty of the manufacturer for any product StraightLine HDD sells to The Customer, and The Customer acknowledges that it shall have recourse only under such warranties and only against the manufacturer of the product. While StraightLine HDD will pass along warranty information and warranty registration forms to The Customer to the extent the manufacturer supplies them with the product, warranty registration with the product manufacturer when required is The Customer’s responsibility.
New products manufactured by StraightLine HDD may be covered by one or more StraightLine HDD warranty policies, as set forth in the product’s Warranty Statement. Such warranties may vary by product, at StraightLine HDD’s discretion. If a specific Warranty Statement applies to a product, a copy will be made available to The Customer, at The Customer’s request, prior to any purchase, and a copy will be included with each product shipped. By ordering or accepting delivery of any product, The Customer agrees to be bound by the terms and conditions of the product’s Warranty Statement. When a StraightLine HDD warranty applies to a product, StraightLine HDD will automatically register the product for the customer starting on the delivery date.
New replacement parts manufactured by StraightLine HDD carry a warranty against defects in material or workmanship for a period of ninety days or 250 hours of use from the date of delivery to The Customer, or for the specific number of operational hours of use specified in the product’s Warranty Statement, if any, whichever occurs first. Liability for any such defects is limited to replacement or repair of the product by StraightLine HDD or its designee, or refund of the purchase price to The Customer, at StraightLine HDD’s sole discretion.
When not otherwise specifically stated, new equipment manufactured by StraightLine HDD carries a warranty against defects in material or workmanship for a period of one year or 1,000 hours of use from the date of delivery to The Customer, or for the specific number of operational hours of use specified in the product’s Warranty Statement, if any, whichever occurs first. Liability for any such defects is limited to replacement or repair of the product by StraightLine HDD or its designee, or refund of the purchase price to The Customer, at StraightLine HDD’s sole discretion.
Used products, including but not limited to, vehicles, trailers, equipment, parts, electronics, tools, drill rod, and drill pipe are sold with no warranty either expressed or implied beyond that required by the state of Kansas unless specifically otherwise stipulated in writing at the time of sale.
There is no guarantee of merchantability or usability for any product manufactured by StraightLine HDD either expressed or implied beyond that required by the state of Kansas unless specifically otherwise stipulated in writing at the time of sale.
Determination of what constitutes a defect in material or workmanship is at StraightLine HDD’s sole discretion.
This warranty does not cover environmental damage, depreciation, or any damage caused by normal wear, neglect, accidents, improper protection, improper winterizing and storage, or improper use. The cost of normal maintenance and normal replacement of service items shall be paid for by the purchaser. Items such as, but not limited to: Repairing broken chain links and adjusting chains, tightening loose fittings and hardware, repairing loose electrical connections, and replacing packing in drilling fluid pumps are considered as normal maintenance and are not covered by this warranty. Proper storage and shipment of warranty parts is The Customer’s responsibility. Any component damaged by rain, mud, rust, poor packaging, or other act of negligence by The Customer will not be eligible for warranty coverage.
STRAIGHTLINE HDD MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. STRAIGHTLINE HDD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE EXTENT ALLOWED BY LAW.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES STRAIGHTLINE HDD’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. STRAIGHTLINE HDD SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. STRAIGHTLINE HDD SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT STRAIGHTLINE HDD IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
GENERAL TERMS AND CONDITIONS
Payment Terms: Payment arrangements for products ordered must be made prior to shipment. Product may be shipped C.O.D. or on open account, at StraightLine HDD’s sole discretion. Payment can be made by Visa, MasterCard, American Express, Discover, PayPal, wire transfer, certified check, money order, Letter of Credit, or some other method prearranged with StraightLine HDD. The Customer agrees to pay the amount due as specified on the invoice, and further agrees to pay interest on all past-due sums at a rate of 2% per month, compounded monthly, or the highest rate allowed by law, whichever is greater.
Credit Card Charge Authorizations: StraightLine HDD currently requires a fax authorization to accompany any credit card charges. The normal procedure is for StraightLine HDD to fax to the The Customer an invoice, showing the total items ordered, total sum due, and anticipated shipping date and method. The invoice will contain a credit card charge authorization section that The Customer will complete and sign, then fax back to StraightLine HDD before the card will be charged.
Alternatively, for frequent buyers who wish to do so, The Customer can supply StraightLine HDD with a blanket authorization form to be completed and held in StraightLine HDD’s files. Such authorizations will remain in full force until either the expiration date listed on the form or until StraightLine HDD is notified in writing that the authorization is no longer valid, whichever occurs first. A form for this purpose is available from the StraightLine HDD Accounts Receivable Department.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges as shown on the StraightLine HDD invoice. There is a minimum $10.00 per order handling charge applied to all shipments.
Title; Risk of Loss: StraightLine HDD will arrange for shipment of ordered products to The Customer, Free On Board (FOB) shipping point, meaning title to the products — excepting software– and risk of loss passes to The Customer upon delivery to the freight carrier. StraightLine HDD reserves a purchase money security interest in the products until its receipt of the full amount due. The Customer agrees to allow StraightLine HDD to sign appropriate documents on The Customer’s behalf to permit StraightLine HDD to protect its purchase money security interest. Title to any software will remain with the licensor. All software is provided subject to the license agreement of the software maker. The Customer agrees to be bound by any software license agreement once the seal on the package is broken. StraightLine HDD will advise The Customer of estimated shipping and delivery dates, but StraightLine HDD will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
In all cases, risk of loss and damage to goods in transit shall fall upon The Customer. It is The Customer’s responsibility to file any loss or damage claims with the freight carrier. StraightLine HDD recommends that The Customer inspect all shipments for damage upon receipt. If any damage is noticed with packaging or carton, The Customer should not sign for or accept it without the driver making a notation on the freight bill or receipt. After receiving the shipment, The Customer should remove the goods and thoroughly inspect immediately and if any concealed damage is discovered, notify the delivering carrier and follow their instructions carefully so as to protect its rights. The Customer should typically not move damaged products or the carton and packing material until inspection by the carrier unless failure to do so would cause a hazard to property or persons.
The Customer will not attempt to return any goods to StraightLine HDD without making prior arrangements as detailed in the Product Return Procedure.
Claims for shortages or inaccurate filling of orders must be made within 15 days after receipt of goods by The Customer.
Goods damaged in shipment due to poor or improper packaging will not be warranted by StraightLine HDD.
Currency: Values quoted or shown on any StraightLine HDD-owned web site, StraightLine HDD invoice, or other document to which StraightLine HDD is a party are in United States Dollars (USD) unless otherwise stated.
Governing Law and Jurisdiction: Any dispute arising out of or related to these Terms & Conditions or the sales transaction between StraightLine HDD and The Customer shall be governed by the laws of the State of Kansas, without regard to its conflicts of law rules. StraightLine HDD and The Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Kansas to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, The Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against StraightLine HDD that is more than one year after the date of the applicable invoice.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Kansas law.
Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with StraightLine HDD’s invoice respecting the products ordered by The Customer, are the complete and exclusive agreement between StraightLine HDD and The Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between StraightLine HDD and The Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
PRODUCT RETURN PROCEDURE:
a. To return a product to StraightLine HDD, The Customer must first call or e-mail StraightLine HDD’s Customer Service Department and obtain a Return Merchandise Authorization (“RMA”) number within the guarantee or warranty period for the product. The guarantee or warranty period commences upon delivery of the product to The Customer or its consignee. StraightLine HDD will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by StraightLine HDD. RMA numbers will not be extended or reissued. The Customer should prominently display any RMA numbers associated with the shipment on the shipping label of boxes containing returned products
b. The Customer is solely responsible for shipping any returned product to StraightLine HDD. The Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. The Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. The Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided with the product at the time of sale. If any component of the returned product is missing, StraightLine HDD’s Product Return Procedure will be deemed breached and StraightLine HDD will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component, at its discretion.
c. StraightLine HDD will not refund the original shipping charges to The Customer under this procedure if products are being returned under the Satisfaction Guarantee policy or Product Warranty policy. In addition, StraightLine HDD will assess a 15% restocking fee against the Customer’s account on all non-defective returns for refund.
d. Products returned for warranty consideration, inspection, or testing found to be in acceptable working condition, or if the cause of failure is determined not to be a valid warranty issue, solely at StraightLine HDD’s discretion, will be subject to a minimum $25.00 inspection and handling charge for each item.
STRAIGHTLINE HDD, INC. COPYRIGHT
Unless otherwise shown, all material presented by this web site is protected by United states of America and International Law, Copyright © 2004-2016 StraightLine HDD, Inc., 1816 E. Wasp Road, Hutchinson, KS 67501 U.S.A. All rights reserved.
STRAIGHTLINE HDD, INC. TRADEMARKS
StraightLine® and Source: HDD® are registered trademarks of StraightLine HDD, Inc., of Hutchinson, Kansas.
STRAIGHTLINEHDD.COM USE POLICY
We make every effort to provide useful and accurate information on this web site. However, product and industry information can change frequently, and can sometimes be subject to differing interpretations. StraightLine HDD, Inc. makes no claim that all information on this site is up to date. It is your responsibility to make sure that anything you read here is accurate, up-to-date and applies to your situation before making any decisions based on information provided by this web site.
LICENSING AND REPRINT RIGHTS
If you wish to license or reprint any of the information on this site (for example, as part of an article, book or pamphlet, or a link from another web site), please contact us for permission. No such use is authorized without our express written permission.
We reserve the right to change the terms of and/or withdraw this permission at any time and for any reason.
DISCLAIMERS
By providing links to other sites, StraightLine HDD, Inc. does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to StraightLine HDD, Inc.
DigiTrak® and Spot-D-Tek® are registered trademarks of Digital Control Incorporated of Renton, Washington, USA.
Railhead®, Incredibit® and Extream® are registered trademarks of Railhead Underground Products, LLC. of Ft. Worth, Texas, USA. StraightLine HDD, Inc. is an authorized Railhead products distributor.
Ditch Witch®, and JetTrac® are registered trademarks of The Charles Machine Works, Inc., of Perry, Oklahoma, USA and there is no association with StraightLine HDD, Inc.
Vermeer®, Firestick®, and Navigator® are registered trademarks of Vermeer Manufacturing Company of Pella, Iowa, USA and there is no association with StraightLine HDD, Inc.
Case® is a registered trademark of Case Corp., Racine, Wisconsin, USA, and there is no association with StraightLine HDD, Inc.
DUB-Swivel® and DUB-LITE™ are registered trademarks of DCD Design and Manufacturing, Ltd. of Richmond, BC, Canada, and there is no association with StraightLine HDD, Inc.
Kerr is a registered trade name of Kerr Pump Corporation of Sulphur, Oklahoma, USA. StraightLine HDD, Inc. is an authorized Kerr Pump Corporation product distributor.
FMC is a registered trademark of FMC Technologies, Inc. of Stephenville, Texas, USA. StraightLine HDD, Inc. is an authorized FMC product distributor.
Meyers®, Aplex, and and Meyers/Aplex are a registered trademarks of the F.E. Meyers Division of Pentair, Inc. of St. Paul, Minnesota, USA. StraightLine HDD, Inc. is an authorized Meyers/Aplex product distributor.
Hydroflo is a registered trade name of Hydroflo Pumps USA, Inc. of Granger, Indiana, USA. StraightLine HDD, Inc. is an authorized Hydroflo product distributor.
Baldwin Filters® is a registered trademark of Baldwin Filters, Inc. of Kearney, Nebraska, USA.
Berco is a registered trade name of Berco S.p.A. of Copparo, Italy.
PLEASE BE ADVISED THAT THERE IS NO ASSOCIATION BETWEEN STRAIGHTLINE HDD AND VERMEER MANUFACTURING COMPANY WHICH IS THE OWNER OR THE VERMEER AND FIRESTICK TRADEMARKS, NOR IS THERE ANY ASSOCIATION BETWEEN STRAIGHTLINE HDD AND CHARLES MACHINE WORKS, INC. WHICH IS THE OWNER OF THE DITCH WITCH TRADEMARKS. STRAIGHTLINE HDD CLAIMS NO RIGHT, TITLE OR INTEREST IN OR TO ANY TRADEMARK, SERVICE MARK OR OTHER INTELLECTUAL PROPERTY BELONGING TO VERMEER MANUFACTURING COMPANY OR CHARLES MACHINE WORKS. STRAIGHTLINE HDD IS A SUPPLIER OF DIRECTIONAL BORING TOOLS WHICH ARE COMPATIBLE WITH THE ABOVE INDICATED MACHINES AND TOOLING.