Terms and Conditions

Terms and Conditions (“Terms”)

Last updated: July 24, 2015

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 and Liability Limitations

Except as may be expressly set forth in the product invoice, Emerson Ag & Industrial LLC makes no representations or warranties as to any of the products distributed by us, expressed or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.

Heavy equipment vehicles can be dangerous. Emerson Ag & Industrial LLC has no control over the usage of any part. Emerson Ag & Industrial LLC expects their customers to exercise good judgment as to the proper selection, installation, use and maintenance of any part. Emerson Ag & Industrial LLC assumes no responsibility for damage or injury of any kind because of the misuse or improper application of any part in any way by any person. Emerson Ag & Industrial LLC shall not be liable for any indirect or consequential damages whatsoever.

All matters shall be interpreted under California 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.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or 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 California, 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.

Store Policies

Emerson Ag offers the following Returns Policy: In 99% of return situations we will take the product back and issue a refund. If it is past 10 days of the purchase we will not refund or take exchange. All returns, if not caused by our error, are at the cost of the customer.
Orders must be placed before 12:00p.m. (Noon) Central Time in order to ship the same day. If your order is placed after that time please call to confirm that the order will be able to ship. This is a priority if you are doing any kind of rushed shipping.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Our Terms and Conditions agreement was generated by Terms Feed Terms and Conditions Generator.

Contact Us

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

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