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Patriot Contractors Equipment Sales and Supply, LLC Terms & Conditions

Patriot Contractors Equipment Sales and Supply, LLC (hereafter referred to as PCESAS) may change these Terms any time. By using the Site after a change, you agree to follow and be bound by the Terms as changed. Please read these Terms regularly.

Ordering and Shipping Terms By Submitting An Online, Email & Phone Order You Have Agreed To All Terms and Conditions Listed Below.

PCESAS reserves the right to not sell to a “suspicious” customer, to request appropriate identification, any further proof of individual executing the purchase and to ship directly to only the address that is associated with the credit card/payment method. We request all of our customers appreciate any of these measures to ensure our ability to sell for less, as fraud greatly effects a company’s prices.

If this Order has not shipped and you decide to cancel a full refund will be gladly given unless the order is a special order/non-stocking Patriot model. Any Order Cancelled or Refused after it has been shipped will have All Restock and Freight Charges deducted from any credit issued.

— CAUTION — TO THE CONSIGNEE ( RECEIVER ) OF GOODS ORDERED! In the rare case of a damaged shipment, it is imperative that you note any irregularities on the Bill of Lading. Carton ( box ) holes, dents, tears, etc. should be noted on the form the driver gives you to sign when you are accepting delivery. If you sign for a package and DO NOT note any irregularities there is little PCESAS or the Manufacturer can do.

If you open the package and there is hidden damage you have 4 hours to contact the delivering Freight Line. Please retain the original container(s) and packing for the inspectors.

If damage is present please refuse shipment and call PCESAS. This is the easiest and best path forward.

If for any reason you are not satisfied with your purchase Please Call First! Please Do Not cancel your order with your credit card company, this will only delay any refund or credit due! Instead Contact a Sales Representative at PCESAS.

** PLEASE READ BEFORE ENTERING or PLACING AN ORDER ** – Your Credit Card/PayPal account will be charged in full at the time the order is processed. – Allow 7 – 14 days delivery on standard shipments. – Any Orders, except Special Orders, Cancelled prior to shipping will be credited back in full, no questions asked.

Any typical/stocking model/values less than $7,000 per pc Orders cancelled after the merchandise has been shipped will be subject to a 25% restock charge and the customer is responsible for returning, including freight costs to return all merchandise to the appropriate warehouse. All packaging must be in original and sellable condition any alterations to original packaging may result in additional charges above the 25% restocking charge. (Example: Items returned in a box other than the original packaging, it makes it non-sellable as new merchandise). Any special order/non-typical stocking models require a 50% non-refundable deposit, but is subject to change based on the particular order. Special Orders, Clearance Items, Demo Equipment, Sold “As Is Condition” equipment are all Final Sales and will not be accepted for returns.

Any Order that has VISIBLE DAMAGE must be refused. Please notify the sales department of this refusal and we will reship your order in a timely manner. If an item has “Hidden Damage” contact PCESAS and the freight company within 24 hrs.

Many items have “FREE FREIGHT” status however this DOES NOT INCLUDE Residential, Tailgate, Re-Delivery or any other additional service that a commercial freight carrier may offer. Any additional services offered by a commercial freight carrier as listed above are the sole responsibility of the customer receiving the shipment. These services can be arranged in advance, however the cost associated with them are collected C.O.D. by the delivering freight line. “FREE FREIGHT” as indicated on the PCESAS site is considered “Curb Side Delivery Only” to one Business location. It is therefore understood that the customer receiving his/her shipment must have the means of removing the merchandise off the back of a commercial freight truck. There is always an option that the customer may retrieve his/her shipment from a local freight terminal at no additional charge. The location of this terminal may vary. At the customer’s choice, they may elect for additional services such as Residential Delivery, Lift Tailgate, etc at an additional charge. The Residential determination is made by the freight carriers and as a general guideline a business address that has a residential home on the same address as the business is conducted is considered to be a “Residential” address. The customer is responsible for any surcharges that PCESAS incurs either prior to delivery or after delivery. PCESAS reserves the right to charge the method of payment or a credit card on file to be reimbursed at cost for this impact. If you have any questions please call PCESAS and ask one of our helpful salespersons.

“FREE FREIGHT” Does not include ANY Next Day or Second Day AIR Shipments. These shipments are to a Commercial Address Only via Economy/Standard Shipping.

All “FREE FREIGHT” is limited to the Continental US only. Any shipments to Alaska, Hawaii or any foreign locations does not receive “FREE FREIGHT”. We will however, deliver to any freight forwarder or shipping point within the continental US at no additional cost if the items has “FREE FREIGHT” Status. To be competitively priced, PCESAS includes a “typical” cost to deliver a particular product to most locations in the Lower 48, but PCESAS reserves the right prior to any finalization/shipment of a product to revisit the actual cost of freight and contact the customer for any potential increase to the original price for the customer to make a final determination if they would like to continue with their purchase.  Any “islands” or other “non-typical” ship to points as designated by the freight carriers will be subject to their additional surcharge (even for commercial addresses), this may also include various remote locations even if it is a Business delivery (ie. desert towns, mountain towns & other rural & city locations that incur a higher cost to delivery to).

It is understood that proceeding with this order you have read and agreed with the statement above. These Terms and Conditions are stated here so you will have a good understanding of what to expect. These are conditions that have arose over the years and we wish only to give you an idea what to expect. Please feel free to contact us anytime. Our business hours are typically Monday-Friday 7:00am-9:00pm and Sat & Sun 9:00am-5:00pm.

Truck Deliveries – (Does Not Apply to UPS Deliveries)

Commercial Truck Freight Lines offer what is termed “Curb Side Delivery” which means it is the responsibility of the customer who is receiving the shipment to have the means to unload whatever is being delivered. An example of this would be a forklift or loading dock for items that can not be lifted off by hand. FREE FREIGHT according to our web site is where PCESAS pays all inland freight charges however we do not pay for any Residential, Tail-Gate, Change of Address or any additional charges that might be accrued by services other  than the basic freight delivery.

PCESAS can request that the delivering freight line call our customer prior to delivery to make additional arrangements. Please note it is not the responsibility of PCESAS to contact customers with delivery information; we do this as a courtesy. Any customers wanting the delivering PRO number from the freight line should contact PCESAS and one will be provided. Any costs for these additional services (Tailgate, Residential, etc) are the customer’s responsibility. If it in the rare case it has been indicated to PCESAS that we are shipping to a Business address and the carrier considers the address a Residential address and adds a surcharge fee to PCESAS’s invoice, this customer is granting PCESAS the right to charge these additional cost to their Credit Card, PayPal account or parallel method of payment for the original purchase amount. PCESAS will notify of any additional charge to a customer either by email or phone along with a revised invoice and any applicable documentation from the freight company.

The three options available for truck deliveries are the following:

Commercial/Business Deliveries – No additional charges will be incurred as long as there is a forklift or dock where the merchandise can be offloaded from the tractor trailer. If you require “Tailgate Service” you could be charged for that service, PCESAS is not responsible for that charge. Tailgate Charges may vary, our experience is that “Tailgate Charge Deliveries” to a business usually run about $75.00 – $95.00 however it could be higher.

Residential Deliveries (includes businesses that operate from a residence) – Commercial Freight Lines have the right to charge an additional fee over the basic freight charge (PCESAS pays for basic freight deliveries) for Residential Deliveries with or without tailgate service. This fee is an additional charge imposed by the freight line and PCESAS is not responsible for these charges. You can arrange this additional service with the freight line and pay them directly. Residential/Tailgate Charges may vary, our experience is that “Tailgate Charge Deliveries” to a residence usually run about $35.00 – $50.00 however it could be higher. Customers are responsible for any additional fees if a Delivery Company states the address is a Residence and not a Commercial/Business address as the Customer dictated to PCESAS.

Terminal Pick Up – We have found that this is a good alternative if you choose not to have your shipment sent to a residential address or the business location. This allows some leeway to you as far as your time since many terminals have extended hours and some are even open on the weekend. PCESAS can provide you with a local terminal phone number and you can arrange to have your order ready at their dock. Unfortunately these carriers do not offer a discount from their “delivered” point if picked up at their terminal.

PCESAS requests that you consider one of the above mentioned delivery means prior to placing an order; this  reduces confusion and frustration when trying to receive your order. If you order online please indicate in the comments field which delivery means you would like to use.

Return Policy – PCESAS The customer is liable for all shipping costs, repackaging and arrangements with a shipping company when returning or exchanging an item to PCESAS unless the product has been damaged during shipping. This policy also applies to warranty returns.

Gas & Diesel powered items cannot be returned once fuel has been added to the unit.

Special Orders, Clearance Items, Demo Equipment, Sold “As Is Condition” equipment are all Final Sales and will not be accepted for returns.

As stated in the Return Policy, when returning an item for credit, a 25% restocking fee will be charged if the equipment is received in 100% new condition with the original shipping materials in less than 7 days. If the equipment is being returned in excess of 7 days there is a 50% restocking fee, this is assuming the equipment has not been used and is received with all original shipping materials as sold. Patriot Equipment has a full inspection of the equipment being returned, original shipping materials, manuals, etc prior to any commitment from Patriot Equipment for a credit of any amount. No returns will be accepted after 30 days. This policy also applies to shipments that are refused and returned after the item has been shipped.

All deposits on equipment/orders are non-refundable as these are typically only requested on special orders/non-stocking models and PCESAS has already committed to the manufacturer to purchase even with a customer’s cancellation. This percentage for a non-refundable deposit will vary based on the purchase/invoice agreement.

All order cancellations prior to shipment, but with an order already being placed and paid for are subject to a 15% cancellation fee to cover Patriot overhead and any mfg associated cancellation fees. This lower fee does not apply or replace a non-refundable deposit on a special order/non-stocking equipment.

All order cancellations after shipment are subject to a 25% (of total invoiced order) cancellation fee. Return shipping costs of the product is not refundable. Any shipment received in conditions other than brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned in the original manufacturers packaging including any special skid shipping container. We strongly recommend a customer perform their due diligence prior to a commitment of an order in an effort to minimize their overall cost impact.

Any credits owed to a customer may be refunded to their original credit card or with a Patriot Equipment check.

It’s the customer’s responsibility to report any damages/shortages within 24 hours of receiving the product. No claims will be accepted after 24 hours.

No returns will be accepted without authorization from PCESAS. Once Authorization is approved, the customer will be issued a Return Merchandise Authorization number or RMA number. The Return Merchandise Authorization or RMA is valid for 10 days ONLY. After the 10 day time limit, the RMA becomes invalid.

There are absolutely no returns on used or damaged products other than freight related damages with a prior written agreement.

The customer is solely responsible for checking typical fluids (ie. oil levels, radiator anti-freeze levels, etc), battery connections, safety components, proper handle mounting, etc prior to operating the purchased equipment. Customer is responsible for any miscellaneous assembly (ie. hitch/tongue mounting, handle assembly, wheel assembly, etc). It is also strongly recommended by PCESAS and our manufacturers that the customer reads all Operation & Safety Manuals and familiarize themselves with the equipment prior to use. In addition, paying close attention to any “break-in” periods and “break-in” maintenance intervals.

Sales Tax: As a retailer located in the Commonwealth of Pennsylvania, all orders shipped to another location in PA or picked up at our Grove City location will be subject to the applicable PA State & County (if applicable) Sales Tax. We also maintain a California & New Jersey Sales Tax License and will collect the appropriate tax for those direct shipments/sales and save the CA & NJ customers the task of paying a Use Tax on their equipment purchases. It is ultimately the customer’s responsibility to ensure they are paying any Sales/Use Tax to their respective State and/or County for their purchases. In the event we have a direct shipment from a manufacturer to the customer for a State that collects tax on the direct shipments from the mfg, this cost will be added to the customer’s total cost and itemized for their records, either at the time of the original sale or as a secondary invoice/charge (some of these states include CA, NY, FL, SC, TN, LA but may change at any time). PCESAS only collects tax for PA, NJ & CA and these other State taxes charged by the manufacturer will be “noted” on the invoice,  therefore the customer is responsible for any balance owed to their respective State & County. PCESAS reserves the right to invoice/charge the customer this Sales Tax charge from the manufacturer after the original invoice, but will only do so after contacting the customer by email, phone or both.

The purchase price at time of sale is final.

Warranty items by mfgs – Patriot Equipment will do it’s best to assist a customer with mfg warranties, but please keep in mind the respective warranty is covered by the respective mfg. Most equipment will have two warranties; One for the Engine/Motor & Second for the balance of the unit. Customer is responsible for any time, shipping costs, packaging, etc to ship and return the equipment to respective authorized mfg warranty center unless otherwise agreed to after inspection by authorized repair center. No issue is guaranteed by Patriot Equipment or the mfg to be covered for warranty coverage until inspected and authorized by the respective mfg. If customer requests parts to be shipped prior to failed parts being inspected for possible warranty coverage, customer is responsible for payment at the onset of ordering these parts and will be credited upon credit being received by Patriot Equipment from the respective mfg pending their authorization. Customer is responsible at their cost for shipping replacement parts and failed parts to the mfg. If the customer elects to ship with expedited shipping, this is also at their cost.

User Representations and Acceptable Use Policy By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you submit to the Site. You must be at least eighteen years old. You further represent and warrant that your use of the Site and of any Content on the Site shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violation or lack of rights.

The following requirements apply to your use of the Site, and PCESAS including, without limitation, any interactive available functionalities:

You will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from PCESAS for any purpose.

You are responsible for maintaining the confidentiality of your User ID (i.e. your email address) and password required for creating an account.

You will not hold PCESAS liable for any misuse of your User ID and your password due to activities of third parties outside the reasonable control of PCESAS.

You will not collect or store personal data about other users. You will not upload, post, email or otherwise transmit via this Site or to any of its users any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.

You will not upload, post, email or otherwise transmit via this Site any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You will not post materials containing links to any sites that violate any section of this Legal Information, including but not limited to commercial or advertising content.

User Comments and Submissions We welcome your comments regarding our Site, our products and our services. However, any idea, suggestion, or other information you transmit to the Site is, and will be treated as, non-confidential and non-proprietary. Any comment, idea, suggestion, response or other material or information you or others transmit to us through this Site or otherwise shall become entirely PCESAS property. This includes personal information about you and your use of the Site. Please review our Privacy Policy for more information.

You promise that no information or material you transmit to PCESAS will violate anyone else’s right, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane or otherwise unlawful, abusive or obscene material. You shall be solely responsible for the content of any Comments you make.

Site Content You should assume everything you see, hear, or otherwise receive from or on the Site (the “Content”) is protected by copyright, trademark, trade dress or other intellectual property owned and/or licensed by PCESAS or it’s affiliates. The Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site.

You may use or print the Content solely for your personal, noncommercial purposes, provided you do not remove any copyright and other proprietary notices from them. No other type of use is permitted. Copying Content does not transfer any right, title or interest in any Content to you. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited

The Content may contain inaccuracies or typographical errors. PCESAS makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

Digital Millennium Copyright Act Compliance Policy It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright; 2. A statement that this person is authorized to act on behalf of the copyright owner; 3. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner’s agent, or by law; 4. A description of the copyrighted work that you claim has been infringed; 5. A description of where the material that you claim is infringing is located on the Site; and 6. Your address, telephone number, and e-mail address.

Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to:

We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.

Product Information We have tried to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your monitor’s display will be accurate.

Links to Other Sites If you have any concerns regarding any third-party site linked to the Site, please direct them to the owner or operator of the third-party site. PCESAS is not responsible for any linked third-party sites, services or other materials linked to the Site, and disclaims all liability for any injury or damages you may experience by using such materials. Links to third-party sites are provided for your convenience only and are provided AS IS.

Disclaimer PCESAS and its affiliates expressly disclaim all warranties, either expressed or implied, oral or written, including, but not limited to any implied warranty of merchantability or fitness for a particular purpose. PCESAS also does not warrant your use of the Site, the operation or function of the Site, or any services offered through or from the Site, will be uninterrupted or error free. Nor does PCESAS warrant that this Site or its server, or any services offered through or from the Site are free of viruses or other harmful elements. PCESAS SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF PCESAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, CONTENT OR ANY SERVICES OR SOFTWARE OFFERED THROUGH OR FROM THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PCESAS IS NOT RESPONSIBLE FOR THOSE COSTS. If you are dissatisfied with the Site, any of its Content, or any of these Terms, we would like to hear from you. You may contact us at PCESAS – However, your sole and exclusive legal remedy is to stop using the Site

Indemnification You agree to defend, indemnify and hold PCESAS harmless from and against any claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any services offered through or from the Site, or your violation of any of these Terms.

Miscellaneous Unless otherwise specified, PCESAS displays this Site and its Content solely to market, promote and sell PCESAS and its affiliates products and services in the United States and Canada. PCESAS will not accept or ship orders outside of the United States or Canada. PCESAS controls and operates this Site from its office in Grove City, PA.

These Terms shall be construed according to Pennsylvania law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Content, the use of the Site, products or services purchased using this Site, or any services offered through or from the Site, shall be resolved exclusively by the state and federal courts of the State of Pennsylvania. Your use of the Site constitutes your consent to the jurisdiction and venue of said courts with respect to any such dispute.

These Terms are the entire agreement between you and PCESAS relating to the Site or its Content. Any other agreements between you and PCESAS are superseded and have no force or effect.

Termination If PCESAS believes you have failed to comply with these Terms, or for any other or no reason, PCESAS may deny you access to the Site immediately and without notice. The restrictions, including restrictions with respect to the Content, disclaimers and liability limitations in these Terms shall continue to apply. Upon denial of access, you must promptly destroy all Content downloaded or obtained from this Site, as well as all copies of Content.