Terms Of Service

These Terms of Service ("Terms") form a binding agreement between you and Terrogenix. By accessing terrogenix.com, browsing our products, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Returns, Refunds & Cancellations Policy, and Shipping Policy, each of which is incorporated into these Terms by reference.

If you do not agree to these Terms, please do not use the site or place an order.

terrogenix.com is operated by Terrogenix ([LEGAL ENTITY NAME]), a supplier of compact construction equipment, with a business address at 6335 N Basin Ave, Portland, OR 97217, USA.

In these Terms, "Terrogenix", "we", "us" and "our" refer to that entity. "You" refers to the person or business using the site or placing an order.

You must be at least 18 years old and able to form a legally binding contract to purchase from us. By placing an order you represent that you meet this requirement and that the information you provide is accurate and complete.

If you are ordering on behalf of a company or other organization, you represent that you are authorized to bind that organization to these Terms.

We work to describe our equipment accurately. However:

• Product images are for illustration. Colour, finish, attachments and accessories shown may differ from the item supplied.
• Specifications, weights, dimensions and engine details are provided by the manufacturer and may change without notice.
• Manufacturers may make running changes to components, including engine variants, at their discretion.

All prices are shown in US dollars and exclude any applicable sales tax, duties or permit fees unless expressly stated. Prices, promotions and discounts may change at any time and do not apply retroactively to completed orders.

Comparison or "was" prices refer to the price at which the item has previously been offered and are not a representation of any other seller's price.

Despite our efforts, an item may occasionally be listed at an incorrect price or with incorrect information. Where an order is placed at an incorrect price, we reserve the right to cancel that order and issue a full refund, whether or not the order has been confirmed and your payment method charged.

Your order is an offer to buy. A confirmation email acknowledges that we received your order; it does not constitute acceptance. The contract is formed when we accept your order and dispatch the equipment.

We may decline or cancel an order, in whole or in part, including where:

• The item is unavailable or out of stock
• There was an error in the price or product description
• We suspect fraud, or the order is unauthorized
• We cannot deliver to the address supplied
• The order breaches these Terms

If we cancel an order after you have paid, we will refund you in full to your original payment method.

Payment is taken at the time of purchase. By submitting payment details you confirm that you are authorized to use the payment method and that the details are accurate.

Checkout is secured with 256-bit SSL encryption, and card details are handled by our payment processor — we do not store them. We may run standard fraud and address-verification checks before releasing an order.

Orders are processed within 1–2 business days of payment clearing. We currently ship to the continental United States (lower 48 states) only, and do not ship to Alaska, Hawaii, or internationally.

• Standard freight (free) — 7–21 business days
• Fast freight ($180 flat) — 5–11 business days

Delivery windows are estimates, not guarantees. They exclude weekends and holidays and may be affected by carrier delays, weather or events outside our control. Tracking is provided where the carrier supports it.

Equipment is delivered by full-size freight truck. You are responsible for ensuring the delivery address is accessible to such a vehicle, that there is adequate space to unload safely, and that someone is present to receive and inspect the shipment. Where a location cannot accommodate a freight truck, delivery will be arranged to the nearest freight terminal for pickup.

Orders may be cancelled free of charge within 24 hours of purchase. After that the order may already be in processing or shipping and cancellation may not be possible; where a later cancellation is approved, a fee may apply to cover handling and administrative costs.

Damage or defect claims must be made within 48 hours of delivery with supporting photos or video. Approved refunds are issued to the original payment method within 5–10 business days. Freight costs are non-refundable unless the issue is confirmed as damage or a defect. Refused shipments without prior approval are treated as returns and freight, restocking and handling charges may be deducted.

These provisions are set out in full in our Returns, Refunds & Cancellations Policy, which forms part of these Terms.

Our equipment comes with a manufacturer's warranty covering parts and labor for a specified period. Specific warranty terms, duration and coverage vary by product — contact us on +1 (971) 525-7820 to confirm what applies to a particular machine before you order.

Warranty coverage does not extend to:

• Normal wear items, including tracks, filters, blades and fluids
• Damage caused by misuse, overloading, accident, neglect or improper maintenance
• Equipment modified or repaired other than in accordance with manufacturer instructions
• Damage arising from use of incorrect fuel, lubricants or attachments

Except as expressly stated, and to the fullest extent permitted by law, we make no other warranties in relation to the equipment.

Heavy equipment is dangerous if operated improperly. By purchasing from us you acknowledge and agree that you are solely responsible for:

• Reading the operator's manual before use, and following it
• Ensuring operators are competent, trained and appropriately licensed where required
• Providing and using appropriate personal protective equipment
• Assessing the job site, including ground conditions, slopes, overhead lines and buried utilities
• Carrying out routine inspection and maintenance
• Complying with all applicable workplace health and safety requirements

The engines fitted to our machines are EPA certified. You remain responsible for compliance with any state, county or municipal requirements that apply to you — including registration, permits, emissions rules, noise restrictions, transport regulations and site-specific requirements.

We make no representation that any machine complies with the requirements of a particular jurisdiction beyond the federal certification held by the engine.

You agree not to:

• Use the site for any unlawful purpose or in breach of these Terms
• Attempt to gain unauthorized access to the site, accounts or systems
• Introduce malicious code, or interfere with the site's operation or security
• Scrape, harvest or copy content or data by automated means without our written consent
• Place fraudulent or speculative orders, or resell in breach of these Terms

We may suspend or terminate access to the site, and refuse orders, where we reasonably believe these Terms have been breached.

If you submit a review, photo, comment or other content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content in connection with our business, including on the site and in marketing.

You confirm that the content is your own, is accurate, and does not infringe anyone else's rights. We may remove content that is unlawful, misleading, offensive or otherwise inappropriate, at our discretion.

The site, and all text, images, layout, graphics and code on it, are owned by us or our licensors and are protected by intellectual property laws. You may view and print pages for your own use in connection with a purchase, but may not otherwise copy, reproduce, republish or exploit them without our written permission.

Third-party manufacturer names, model names and marks appearing on the site are the property of their respective owners and are used for identification purposes only.

The site may link to third-party websites or services. We do not control them and are not responsible for their content, products, or privacy practices. Following such a link is at your own risk.

Except for the manufacturer's warranty described in section 10, and to the fullest extent permitted by law, the site and everything on it are provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the site will be uninterrupted, error-free or secure, or that any content is accurate, complete or current.

To the fullest extent permitted by law, Terrogenix and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, business or anticipated savings, arising out of or in connection with the site, the equipment, or these Terms — whether based in contract, tort, strict liability or otherwise, and whether or not we were advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with any order will not exceed the amount you actually paid for the equipment giving rise to the claim.

You agree to indemnify and hold harmless Terrogenix and its officers, employees and agents from any claim, liability, loss, damage, cost or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the site, or your operation, transport or maintenance of equipment purchased from us.

These Terms and any dispute arising out of or in connection with them or your purchase are governed by the laws of the State of California, without regard to its conflict of law rules.

You agree that the state and federal courts located in the State of California will have exclusive jurisdiction over any such dispute, and you consent to the personal jurisdiction of those courts.

Before starting formal proceedings, we ask that you contact us so we can try to resolve the matter directly — most issues are settled with a phone call.

Entire agreement. These Terms, together with the policies referenced in them, are the entire agreement between you and us regarding the site and your purchase, and supersede any prior understanding.

Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions will continue in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign your rights under these Terms without our written consent. We may assign ours in connection with a merger, acquisition or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier failure, extreme weather, labour disputes, supply shortages, or acts of government.

We may update these Terms from time to time. The version in force at the moment you place an order is the version that governs that order. Changes are posted on this page with an updated effective date, and your continued use of the site after that date means you accept them.

Questions about these Terms? We'd rather talk it through than have you guess.

• Phone: +1 (971) 525-7820 — Mon–Sat, 8AM–8PM PST
• Email: contact@terrogenix.com
• Address: 6335 N Basin Ave, Portland, OR 97217, USA