Terms of Service

1. Acceptance of These Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Primary Machines (“Primary Machines,” “we,” “us,” or “our”) concerning your use of our website, online store, communications, and related services (collectively, the “Services”).

If you do not agree to these Terms, do not use the Services or place an order. Additional terms shown with a product, quote, invoice, warranty, promotion, or service may also apply. If there is a direct conflict, the more specific written term controls for that subject.

2. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into a binding contract to purchase through the Services. If you act for a business or organization, you represent that you have authority to bind it to these Terms.

You agree to provide accurate, current, and complete information and to keep your login credentials secure. You are responsible for activity conducted through your account and must promptly notify us of suspected unauthorized access.

3. Product Information and Availability

We work to present product descriptions, specifications, images, compatibility information, availability, and pricing accurately. Screen settings, manufacturing changes, photography, and normal production variation may cause minor differences. Images may include optional accessories or features not included in the listed price.

Specifications and availability may change without notice. You are responsible for confirming that a product is suitable for your intended site, task, carrier, towing vehicle, attachment, and applicable laws before ordering or operating it. Contact us before purchase if compatibility or a specification is important to your decision.

4. Orders and Acceptance

Your order is an offer to purchase. An automated confirmation acknowledges receipt but does not mean that we have accepted the order. We may accept, decline, limit, or cancel an order for legitimate reasons, including product unavailability, pricing or description errors, suspected fraud, payment authorization issues, delivery limitations, or legal restrictions.

An order is accepted when we send a shipment confirmation or otherwise confirm acceptance in writing. If we cancel an order after payment, we will refund the canceled amount to the original payment method.

5. Pricing, Taxes, and Payment

Prices are shown in U.S. dollars unless stated otherwise. Applicable sales, use, or similar taxes may be added based on the order and delivery location. You authorize us and our payment processor, Stripe, to charge the payment method you provide for the order total and any charges you separately approve.

You represent that you are authorized to use the selected payment method. We do not guarantee financing or payment approval. Obvious pricing or typographical errors may be corrected before shipment; if a correction materially affects your order, we will request your approval or cancel and refund it.

6. Shipping and Delivery

We currently sell and deliver within the United States only. Delivery dates are estimates unless we expressly agree to a guaranteed date in writing. Weather, carrier capacity, access restrictions, inspections, supply interruptions, and other events outside our reasonable control can affect delivery.

You must provide a correct delivery address, accurate contact information, a reachable recipient, and safe carrier access. Additional costs caused by inaccurate information, failed delivery, restricted access, storage, redelivery, or an unauthorized refusal may be charged where permitted by law.

Title and risk of loss transfer as provided by applicable law and the shipping terms stated in your order documents. Nothing in this section changes our responsibilities for an approved return or a properly reported damaged delivery.

7. Cancellations, Returns, and Refunds

You may cancel an order free of charge within 24 hours after placing it. Eligible products may be returned free of charge when a return is requested within 30 calendar days after delivery. Shipping damage, missing items, or an incorrect delivery must be reported within seven calendar days.

Eligibility requirements, exclusions, pickup procedures, inspection standards, and refund timing are governed by our Refund Policy, which is incorporated into these Terms.

8. Inspection, Safety, and Equipment Operation

Machinery must be inspected before use and operated only by qualified persons who understand the product, its manual, its safety labels, and the worksite conditions. You are responsible for following applicable licensing, training, maintenance, workplace-safety, transportation, and environmental requirements.

Do not operate equipment that appears damaged, defective, improperly assembled, or unsuitable for the task. Stop use and contact us if you identify a possible safety or product issue. Website content is general product information and is not a substitute for the manufacturer’s instructions, professional training, or a site-specific safety assessment.

9. Limited Warranty

Eligible equipment may include a separate 3-Year Limited Warranty. The applicable written warranty identifies the warrantor, covered products and components, warranty period, remedies, exclusions, and claim process. Warranty terms must be reviewed before purchase and are incorporated into these Terms by reference.

A warranty claim is separate from the 30-day return right. Nothing in these Terms excludes or limits an implied warranty or consumer remedy that cannot lawfully be excluded or limited.

10. Intellectual Property

The Services and their original text, graphics, logos, icons, photographs, videos, layout, code, and other content are owned by or licensed to Primary Machines and are protected by applicable intellectual-property laws. Product names and third-party marks belong to their respective owners.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for lawful personal or internal business purposes. You may not copy, republish, sell, scrape, reverse engineer, or commercially exploit the Services without written permission, except as applicable law permits.

11. Prohibited Uses

You may not use the Services to:

• Violate any applicable law or the rights of another person;
• Submit false, misleading, fraudulent, or unauthorized information or payments;
• Interfere with the website, bypass security, introduce malicious code, or test vulnerabilities without permission;
• Collect personal information about others without authorization;
• Impersonate another person or misrepresent your affiliation; or
• Use automated methods that impose an unreasonable load or copy substantial website content.

12. Third-Party Services and Links

The Services may connect to third-party providers, including payment processors, carriers, manufacturers, map services, social platforms, or external websites. Their services and content are governed by their own terms and policies. We are not responsible for third-party services except to the extent required by law or expressly stated in writing.

13. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Services, you acknowledge that you have reviewed that policy.

14. Website Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND GENERAL WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

This website disclaimer does not replace or reduce any express written product warranty, return promise, or legal right that applies to your purchase.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PRIMARY MACHINES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY ARISING FROM THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM A PRODUCT ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM, AND OUR AGGREGATE LIABILITY ARISING ONLY FROM WEBSITE USE WILL NOT EXCEED $100.

These limitations do not apply where prohibited by law, including to liability that cannot lawfully be limited or excluded. Some jurisdictions do not allow certain exclusions, so portions of this section may not apply to you.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold Primary Machines and its personnel harmless from third-party claims, losses, and reasonable expenses arising from your unlawful use of the Services, your material breach of these Terms, your violation of another person’s rights, or your misuse or unauthorized modification of a product. This obligation does not apply to the extent a claim was caused by our own negligence, misconduct, or breach of law.

17. Suspension and Termination

We may suspend or terminate access to the Services when reasonably necessary to address fraud, security threats, unlawful activity, material violations of these Terms, or risks to other users or the Services. Provisions that by their nature should survive termination—including payment obligations, intellectual-property provisions, disclaimers, liability limits, indemnification, and governing law—will survive.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Before filing a lawsuit, you and Primary Machines agree to make a good-faith effort to resolve the dispute by written notice and at least 30 days of informal discussion.

Unless applicable law requires otherwise, legal proceedings must be brought in the state or federal courts serving Stanislaus County, California, and each party consents to their jurisdiction. Nothing in this section prevents either party from seeking appropriate urgent or injunctive relief, using an eligible small-claims court, or exercising a non-waivable consumer right.

19. Changes to These Terms

We may update these Terms to reflect changes in the Services, law, or business practices. The updated version will be posted with a revised effective date. Changes apply prospectively unless applicable law permits otherwise. Material terms governing an accepted order will not be changed retroactively without your agreement.

20. General Terms

These Terms and the incorporated policies are the entire agreement regarding the Services and replace prior discussions on the same subject. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a merger, reorganization, asset transfer, or change in control, subject to applicable law.

Headings are for convenience only. Electronic communications and records may satisfy requirements that a communication be in writing, to the extent permitted by law.

21. Contact Us