Uni Central HDD Legal Notices

Legal Information & Notices

PLEASE READ THIS DOCUMENT CAREFULLY! THESE NOTICES, COPYRIGHTS, DISCLAIMERS, AND TERMS & CONDITIONS SET FORTH BELOW APPLY TO ALL YOUR PURCHASES FROM UNI CENTRAL HDD. 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 Uni Central HDD, you ("The Customer") agree to be bound by the Terms & Conditions listed below. The Customer and Uni Central HDD agree that the following Terms & Conditions are the exclusive terms governing any sales transactions between The Customer and Uni Central 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 Uni Central HDD without prior written notice. If these Terms & Conditions do change, Uni Central 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 Uni Central HDD.

1. SATISFACTION GUARANTEE

Uni Central HDD offers The Customer a seven-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 Uni Central HDD Satisfaction Guarantee policy, The Customer agrees to comply with Uni Central HDD Product Return Procedure a set forth below. Any breach of the Uni Central HDD Product Return Procedure will result in the loss of The Customer's rights under the Uni Central HDD 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 Uni Central HDD has shipped a different product than was ordered by The Customer. Such issues are covered by other Uni Central HDD policies.

Products that have been used or installed are not eligible for return or refund under this policy.

2. PRODUCT WARRANTY

Uni Central HDD is not a manufacturer, but a distributor of products manufactured by Robbins HDD, LLC and others. Product warranties differ depending on the product and the manufacturer.

Uni Central HDD assigns and passes through to the The Customer any warranty of the manufacturer for any product Uni Central 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 Uni Central 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.

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.

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 sold by Uni Central 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 the manufacturer'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.

UNI CENTRAL HDD MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. UNI CENTRAL 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 UNI CENTRAL HDD'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. UNI CENTRAL 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. UNI CENTRAL 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 UNI CENTRAL HDD IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

4. 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 Uni Central 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 Uni Central 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: Uni Central HDD currently requires a fax authorization to accompany any credit card charges. The normal procedure is for Uni Central 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 Uni Central HDD before the card will be charged.

Alternatively, for frequent buyers who wish to do so, The Customer can supply Uni Central HDD with a blanket authorization form to be completed and held in Uni Central HDD's files. Such authorizations will remain in full force until either the expiration date listed on the form or until Uni Central HDD is notified in writing that the authorization is no longer valid, whichever occurs first. A form for this purpose is available from the Uni Central HDD administration office.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges as shown on the Uni Central HDD invoice. There is a minimum $10.00 per order handling charge applied to all shipments.

Title; Risk of Loss: Uni Central HDD will arrange for shipment of ordered products to The Customer, Free On Board (FOB) shipping point, meaning title to the products and risk of loss passes to The Customer upon delivery to the freight carrier. Uni Central HDD reserves a purchase money security interest in the products until its receipt of the full amount due. The Customer agrees to allow Uni Central HDD to sign appropriate documents on The Customer's behalf to permit Uni Central HDD to protect its purchase money security interest. Uni Central HDD will advise The Customer of estimated shipping and delivery dates, but Uni Central 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. Uni Central 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 Uni Central 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.

Returned goods damaged in shipment due to poor or improper packaging will not be warranted by Uni Central HDD.

Product Return Procedure:

a. To return a product to Uni Central HDD, The Customer must first call or e-mail Uni Central 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. Uni Central 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 Uni Central 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 Uni Central 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 resalable 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, Uni Central HDD's Product Return Procedure may be deemed breached, at Uni Central HDD's sole discretion, and Uni Central HDD may reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component, at its discretion.

c. Uni Central 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, Uni Central 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 Uni Central HDD's discretion, will be subject to a minimum $25.00 inspection and handling charge for each item.

Currency: Values quoted or shown on any Uni Central HDD-owned web site, Uni Central HDD invoice, or other document to which Uni Central 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 Uni Central HDD and The Customer shall be governed by the laws of the State of Kansas, without regard to its conflicts of law rules. Uni Central 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 Uni Central 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 Uni Central HDD's invoice respecting the products ordered by The Customer, are the complete and exclusive agreement between Uni Central HDD and The Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Uni Central 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.

5. UNI CENTRAL HDD COPYRIGHT

6. WEB SITE 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. Uni Central HDD makes no claim that all information on this site is up to date. It is The Customer's responsibility to make sure that anything read here is accurate, up-to-date, and applies to its situation before making any decisions based on information provided by this web site.

7. 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.

8. DISCLAIMERS

By providing links to other sites, Uni Central HDD 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 Uni Central HDD.

Uni and Universal are registered trade names of Robbins HDD, LLC. Uni Central HDD is an authorized Universal product distributor.

DigiTrak� is a registered trademarks of Digital Control Incorporated of Renton, Washington, USA.

Ditch Witch�, and JetTrac� are registered trademarks of The Charles Machine Works, Inc., of Perry, Oklahoma, USA and there is no association with Uni Central HDD.

Vermeer�, and Navigator� are registered trademarks of Vermeer Manufacturing Company of Pella, Iowa, USA and there is no association with Uni Central HDD.

Case� is a registered trademark of Case Corp., Racine, Wisconsin, USA, and there is no association with Uni Central HDD.

DUB-Swivel� and DUB-LITE� are registered trademarks of DCD Design and Manufacturing, Ltd. of Richmond, BC, Canada, and there is no association with Uni Central HDD.

Kerr is a registered trade name of Kerr Pump Corporation of Sulphur, Oklahoma, USA. Uni Central HDD is an authorized Kerr Pump Corporation product distributor.

Meyers�, Aplex, and and Meyers/Aplex are registered trademarks of the F.E. Meyers Division of Pentair, Inc. of St. Paul, Minnesota, USA. Uni Central HDD is an authorized Meyers/Aplex product distributor.

M-I Swaco is a registered trade name of M-I SWACO, HDD Mining & Waterwell Group of Houston, Texas, USA. Uni Central HDD is an authorized MI Swaco product distributor.