Domestic Selling Policy
Loss, Damage or Delay / Payment / Taxes / Returns
/ Claims / Cancellation / Limitation
of Liability
Loss, Damage or Delay
Shipping dates are approximate and are based on prompt receipt of all
necessary information from the purchaser. Ag Derby shall
not be liable for failure to perform or for delay in performance due to fire,
flood, strike, or other labor difficulty, acts of God, act of any governmental
authority or of the purchaser, riot, embargo, car shortage, wrecks or delay in
transportation, inability to obtain necessary labor, materials or
manufacturing facilities from usual sources or due to any other cause beyond
its reasonable control. In the event of delay in performance due to any such
cause, the date of delivery or time of completion will be postponed by such
length of time as may be reasonably necessary to compensate for the delay.
Payment
We accept all Major Credit Cards.
Taxes
The prices do not include any Federal, state or local property, license,
privilege, sale, use, excise, gross receipts or other like taxes which may now
or hereafter by applicable to, measured by or imposed upon or with respect to
the transaction, the property, its sale, its value or its use, or any services
performed in connection therewith. Purchaser agrees to pay or reimburse any
such taxes Ag Derby is required to pay.
Returns
No returns will be accepted by Ag Derby without proper authorization.
Authorization and shipping instructions for the return of any product must by
obtained in writing from Ag Derby All returns are subject to a 20%
restocking charge or $35.00/Line Item, whichever is greater. Product must be returned
with complete identification in accordance with Ag Derby instructions or
it will not be accepted. Products must be in marketable condition upon receipt
by Ag Derby Purchaser will be charged for any outgoing and incoming
transportation paid by Ag Derby Custom made-to-order items and
non-standard items are non-returnable. In no event will Ag Derby be
responsible for product returned without proper authorization. No
returns will be accepted after 30 days from the shipment date.
Claims
Claims for damage or shortage or any other reason must be made within 30 days
from the date purchased.
Cancellation
Any order may be canceled only on written notice. Cancellation charges will be
charged to purchaser at the time of cancellation for all expenses incurred by Ag Derby.
Orders that are shipped and are cancelled in transit, the customer will be
responsible for all shipping charges, including the return of the product.
Limitation of Liability
Ag Derby, its subcontractors and suppliers of any tier, shall not be
liable in contract, in tort (including negligence or strict liability) or
otherwise for damage or loss of other property or equipment, loss of profits
or revenue, loss of use of equipment, cost of capital, cost of temporary
equipment (including additional expenses incurred in using existing
facilities), claims of customers of the purchaser, or for any special,
indirect, incidental, or consequential damages whatsoever. The remedies of
purchaser and the liability of Ag Derby shall not exceed the price of
the product or part on which such liability is based.