Terms and Conditions for the Online Sale of Goods and Services (“TERMS OF SALE”)
These terms and conditions (these "Terms of Sale") apply to purchasing and selling products and services through the Website. These Terms of Sale are subject to change by Doggett Heavy Machinery Services, LLC & WL Doggett, LLC (referred to as "us,” "we,” or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms of Sale before purchasing any product or services available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
These Terms of Sale are an integral part of the that generally apply to our Website. You should also carefully review our before placing an order for products or services through this Website (see Section 9).
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
- Prices and Payment Terms.
- Prices posted on this Website may differ from prices offered at our physical locations. The physical locations are not required to honor the pricing of the products or services posted on the Website. All prices, discounts, and promotions posted on this Website are subject to change without notice and may not be honored at our physical locations. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept Visa, Mastercard, Discover and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange to ship the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivering your order.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. Except for open kits, electrical parts and any products designated on the Website as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of delivery and provided such products are returned in their original condition with sellable packaging and a legible part number. To return products, you must include a copy of the order confirmation email and return to Doggett Equipment Services Group, Attn: ECM Returns, 9111 North Freeway, Houston, TX 77037.
Unless otherwise specified, you are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Therefore, we strongly recommend that you fully insure your return shipment against loss or damage and use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 20% restocking fee and shortages must be reported within 10 days.
Refunds are processed within approximately 5 business days of our receipt of your merchandise. Your refund will be credited to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer's warranty (see Section 6) included with the product or as detailed in the product's description on our Website.
- Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer's warranty as detailed in the product's description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
- Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own or for a company’s or for an organization’s use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the continental US (excluding California).
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction.
- Dispute Resolution.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
- No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Doggett Heavy Machinery Services, LLC or WL Doggett, LLC.
- No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms of Sale by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms of Sale, you must contact us, via our agent, as follows: (i) by personal delivery, overnight courier, or registered or certified mail to:
Doggett Heavy Machinery Services, LLC & WL Doggett, LLC
Attn: Legal Department
9111 North Freeway
Houston, TX 77037
We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms of Sale is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
- Entire Agreement. Our order confirmation, these Terms of Sale, our and our will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.