Terms and Conditions “Terms”

Last updated: January 1, 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.EmersonAg.com website (the “Service”) operated by Emerson Ag & Industrial (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
We do not disclose buyers information to third parties. Cookies are used on this shopping site, but only to keep track of the contents of your shopping cart once you have selected an item.


Disclaimer
Emerson Ag & Industrial, LLC is an independent business selling after market parts, accessories and supplies for American and imported tractors, semi-trucks, harvesters and implements. We are in no way connected with Case New Holland Inc., AGCO, MacDon, John Deere, Rhino, Kuhn, Freeman, DARF Hay Rakes or Allen Hay Rakes manufacturers of equipment. We do not sell trucks or harvest equipment made by any companies name herein.
All products on this website are intended and sold for aftermarket use only. Our part numbers and corresponding product matter are not intended to imply that any of these parts are Case New Holland Inc., AGCO, MacDon, John Deere, Rhino, Kuhn, Freeman, DARF Hay Rakes or Allen Hay Rakes original equipment or endorsed by Case New Holland Inc., AGCO, MacDon, John Deere, Rhino, Kuhn, Freeman, DARF Hay Rakes or Allen Hay Rakes.
All model designations for Case New Holland Inc., AGCO, MacDon, John Deere, Rhino, Kuhn, Freeman, DARF Hay Rakes or Allen Hay Rakes used in this website for reference only and their connection to Case New Holland Inc., AGCO, MacDon, John Deere, Rhino, Kuhn, Freeman, DARF Hay Rakes or Allen Hay Rakes factory part numbers, as well as any printed matter, are not intended to imply that all of these parts are Case New Holland Inc., AGCO, MacDon, John Deere, Rhino, Kuhn, Freeman, DARF Hay Rakes or Allen Hay Rakes original equipment. Although the quality of most of the items listed here equals or exceeds OEM specifications, some of these items are manufactured by Case New Holland Inc., AGCO, MacDon, John Deere, Rhino, Kuhn, Freeman, DARF Hay Rakes or Allen Hay Rakes.
All parts listed in this website are from independent aftermarket sources. Even though these products have brand names inserted, they are intended for brand identification only. They are aftermarket products and are not necessarily endorsed or recommended by any equipment manufacturer. Not all of the parts illustrated were manufactured by the original equipment manufacturer or under their supervision or control. All other brand names or trademarks or registered trademarks used in this website are the property of their respective holders.
The installation of any aftermarket part may void or otherwise adversely affect your factory warranty. In addition, such installation and use may violate certain federal, state and local laws, rules and ordinances as well as other laws when used on motor vehicles operated on public highways, especially in states where pollution laws may apply. Always check federal, state, and local laws before modifying your motorcycle. It is the sole and exclusive responsibility of the user to determine the suitability of the product for his or her use, and the user shall assume all legal, personal injury risk, and liability and all other obligations, duties and risks associated therewith.


Warranty, Liability Limitations and Returns
RETURN POLICY
Every part we sell may be returned within 30 days for a refund or store credit of the part price with the exception of liquids that have been opened (oil, paint) and Gift Certificates. Send your request to [email protected]

If a part doesn’t fit, don’t try to “make it fit” and risk damaging the part, your car, or yourself! EmersonAg is not responsible for any costs exceeding the cost of the part, and we will not accept returns of parts that have been installed or modified.

To receive credit, a returned part must be complete and in its original, unmarked manufacturer’s packaging. Cores must be returned in the box the new part came in. Returns may not be refundable if the part, or the manufacturer’s box, is damaged while in transit to our warehouse.
Shipping charges are not refundable unless the return is due to our mistake. If you refuse delivery or the carrier returns a package because you provided an invalid address, the cost of return shipping will be deducted from your refund.
Unless it is our fault, up to a 30% restocking fee will be deducted from your refund.


WARRANTY INFORMATION
We hope the warranty summaries below will help you in your purchase decision. Please be aware that:
Like other retailers of branded products, EmersonAg does not offer any product warranty of our own–we honor the warranty provided by the manufacturer of the product. If you have a problem with a part during the warranty period, please submit a warranty claim by emailing [email protected] and provide ALL pertinent information i.e. order number, part number, installed date, equipment model and serial number installed on and a detailed description of the failure. Please, “it don’t work” is not adequate.
The summary below does not include all the terms and limitations of each manufacturer’s warranty, and manufacturers may change their warranty terms without notice (to you or to us). For warranty details, please visit the manufacturer’s website.
Warranties apply only to the original purchaser of the part, and to the vehicle for which it was listed in our catalog and on which the part was originally installed.
Terms listed apply only for parts used on a private passenger vehicle; warranties for cargo, commercial or off-road vehicles may be more limited.
Warranties offer only replacement of the defective part with another part: no cash refunds and no reimbursement of labor costs, shipping costs or other expenses.
Replacement under warranty does not extend the warranty term. Warranties begin upon delivery.
Wholesaler Closeout items have a 30 day warranty (but still are covered by our Return Policy).

No labor or refrigerant allowance will be allowed for losses involved in the installation or re-installation of the compressor. During the warranty period, parts determined by Emerson AG & Industrial LLC to be covered will be repaired or replaced at Emerson AG & Industrial LLC’s discretion. Approved warranties are non-refundable and will be in the form of merchandise credit. All warranties of compressors are to the original owner/purchaser only; a transfer of ownership or any 3rd party installation will terminate the warranty. All compressors are to be installed by an authorized dealer or repair technician. This warranty does not cover defects caused by customer neglect, incorrect application, wiring, alteration or repairs made outside the company’s authorization.

All matters shall be interpreted under South Dakota law. All merchandise distributed by Emerson Ag & Industrial LLC is guaranteed against defects in material and workmanship only. Final decision will be made in a just and prompt manner. Replacement will be limited to parts only and does not include labor claims of any type. If the manufacturer has a written warranty, it will be included with the item you purchased. The manufacturer shall be solely responsible for any damage to person or property arising from design and manufacture and testing of its products and we accept no liability for such damages. We shall not be liable for consequential damages.


Fitment Information
All of the photos and application information contained herein are accurate to the best of our knowledge.


Account Information
In order to access certain features of the Service, you will have to create an account. You acknowledge, consent, and agree that EmersonAG.com may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms of Use; (iii) provide certain customized features of the Service to you, if any; (iv) respond if you contact Company for any reason; or (v) protect the rights, property, or personal safety of Company, its other Users, and the public.

Payments and Cancellation. You agree to pay all applicable fees for your use of the Service, plus any applicable taxes or other charges as may be required, when due and payable. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All fees and charges are payable in advance and non-refundable, including after cancellation, unless expressly allowed by the third party providers of Third Party Insurance Policies and Third Party Software. Please check the terms and conditions for the applicable Third Party Insurance Policies and Third Party Software for details. Cancellation of subscriptions will take effect at the end of the applicable then-current billing period for which payment has been made in advance as described above.

Password. If you register you may be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify us. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, EMERSONAG.COM OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.


Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Emerson Ag & Industrial.

Emerson Ag & Industrial has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Emerson Ag & Industrial shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Governing Law

These Terms shall be governed and construed in accordance with the laws of South Dakota, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Sales and use Taxes

The notification requirements are different in each state, but generally we are required to post this notice on our website, and on every electronic notice or invoice sent the customer. Keep in mind that failure to adhere to state laws may result in penalties.

Here’s a brief overview of the current laws in each state that has weighed in on this so far.

Because there are so many states with sales tax laws in place, it may be easier to remember the states with no sales tax. The five states that do not have sales tax are:

  • Alaska
  • Delaware
  • Montana
  • New Hampshire
  • Oregon

Hawaii also does not have sales tax. However, the state does impose a general excise tax (GET) that’s similar to sales tax on every transaction.

Instead of sales tax, New Mexico has a gross receipts tax (GRT) that sellers impose on customers in the state.

  • South Dakota: We will collet 4.5% state sales tax on all purchases unless we have an exempt form on hand.
  • All other states not mentioned will be charged according to our nexus status.

It’s possible that more states will follow suit and pass their own legislation that requires you to inform customers of their obligation to pay use tax. Stay up to date by following our blog and reading about the latest changes in sales and use tax law.


Entire Agreement

These terms and conditions (along with the Privacy Policy and any other Guidelines), as may be modified from time to time as provided herein, constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended except as expressly provided herein or by mutual agreement of you and us that is in writing and signed by your and our authorized representatives. Except as expressly set forth herein, any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void. To the extent that anything in or associated with the Service is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.


Contact Us

If you have any questions about these Terms, please contact us.

© 2012 Emerson Ag & Industrial LLC, EAI Fleet Direct – Caveman Creations