Terms and Conditions of Purchase

HammerHead Trenchless (B2B E-Commerce)

These Terms and Conditions of Purchase (“Terms”) govern all access to and use of www.hammerheadshop.com (the “Site”) and all purchases of products or services through the Site.

The Site is owned and operated by The Charles Machine Works, Inc., doing business as HammerHead Trenchless (“HammerHead,” “CMW,” “we,” “us,” or “our”).

1. Definitions

“Buyer,” “you,” or “your” means any business entity or authorized representative accessing the Site or purchasing products from HammerHead.
“Products” means all goods, materials, and equipment offered for sale through the Site.
“Order” means a purchase order submitted through the Site.
“Business Day” means Monday through Friday, excluding U.S. federal holidays.

2. Acceptance of Terms

By accessing the Site, creating an account, or placing an Order, you confirm that you are acting on behalf of a business entity and agree to be bound by these Terms, our Privacy Policy, and our Purchase, Shipment & Return Policy (collectively, the “Agreement”).

If you do not agree to these Terms, do not use the Site or place an Order.

3. Eligibility and Account Responsibility

The Site is intended solely for business-to-business (B2B) transactions.

You represent and warrant that:

You are authorized to bind your company to this Agreement.
All information you provide is accurate and current.
You are responsible for all activity conducted under your account credentials.

HammerHead reserves the right to suspend or terminate accounts at its sole discretion.

4. Orders and Acceptance

All Orders are offers to purchase and are subject to acceptance by HammerHead.

An Order is not binding until accepted by HammerHead through order confirmation or shipment.

HammerHead reserves the right to:

Reject or cancel any Order
Limit quantities
Correct pricing or product description errors
Discontinue Products without notice

5. Pricing and Payment

5.1 Pricing

All prices are listed in U.S. dollars unless otherwise stated and are exclusive of applicable taxes, duties, shipping, handling, and special service fees.

HammerHead reserves the right to change pricing, availability, or specifications at any time prior to Order acceptance.

5.2 Payment Methods

Accepted payment methods include:

Major credit cards accepted through HammerHead’s authorized payment processor
Pre-approved in-house credit accounts, subject to HammerHead’s credit approval and terms

Use of in-house credit is limited to Buyers who have been expressly approved by HammerHead and is subject to:

Assigned credit limits
Applicable payment terms (including net terms, if granted)
Ongoing credit review and adjustment at HammerHead’s discretion

HammerHead may suspend or revoke in-house credit privileges at any time.

5.3 Payment Terms

Unless otherwise agreed in writing:

Credit card payments are due at the time of Order
In-house credit purchases must be paid in accordance with the approved credit terms

Past-due balances may result in:

Suspension of shipment or Order acceptance
Revocation of credit privileges
Assessment of late fees, interest, or collection costs to the extent permitted by law

5.4 Taxes

Buyer is responsible for all applicable sales, use, value-added, or similar taxes, excluding taxes based on HammerHead’s income.

6. Shipping and Delivery

6.1 Shipping Destinations

HammerHead ships within the United States and to Canada. Restricted destinations will not be available during checkout.

6.2 Shipping Costs

Shipping charges are calculated based on shipping method, weight, size, destination, and special handling requirements and are disclosed prior to Order completion.

Certain Products may incur:

Special handling fees
Lift-gate or residential delivery charges

6.3 Delivery Estimates

Delivery dates are estimates only and not guaranteed. Delays do not constitute breach or grounds for Order cancellation.

6.4 Pickup Orders and Early Pickup Requests

For Orders designated for pickup, Buyer must collect Products at the pickup location on the scheduled pickup date and time selected during checkout. HammerHead does not offer rush pickup services. Products may not be available for release prior to the scheduled pickup time. If Buyer or its representative arrives before the scheduled pickup time and the fulfillment location accommodates the early pickup request, HammerHead may assess a rush handling fee of up to one hundred fifty dollars ($150.00) to recover charges incurred from the fulfillment provider. Buyer agrees to pay any such fee associated with an early pickup request. The availability of Products for early pickup is not guaranteed, and HammerHead reserves the right to refuse any request for pickup prior to the scheduled pickup date and time.

7. Title and Risk of Loss

Title and risk of loss transfer to Buyer upon delivery of Products to the carrier (FOB Shipping Point), unless otherwise required by applicable law.

8. Returns; Return Merchandise Authorization (RMA)

8.1 Return Eligibility

Not all Products are eligible for return.

Only Products expressly approved by HammerHead in writing are eligible for return.

All return requests must be made within 60 days of purchase. Items presented after 60 days are ineligible for return.

The following Products are non-returnable, including but not limited to:

Custom, made-to-order, or special-order Products
Products requiring special handling, including chemicals, resins, liners, and temperature-sensitive materials
Products that have been installed, used, altered, damaged, or are not in original, resalable condition
Products marked as non-returnable at the time of sale

HammerHead reserves the sole right to determine return eligibility.

8.2 Return Merchandise Authorization (RMA)

All returns require a Return Merchandise Authorization (“RMA”) issued by HammerHead prior to shipment.

Returns shipped without an RMA, or not in compliance with RMA instructions, will be refused and returned at Buyer’s expense.

To request an RMA, Buyer must initiate return on hammerheadshop.com from the original order.

8.3 Condition of Returned Products

Approved returns must:

Be unused, unopened, and in original packaging
Be in new, resalable condition
Include all original components, manuals, and accessories

Products that do not meet these conditions may be rejected or subject to additional charges at HammerHead’s discretion.

8.4 Restocking Fee

All approved returns are subject to a restocking fee equal to fifteen percent (15%) of the Product price charged at the time of the Order, unless otherwise agreed in writing by HammerHead.

The restocking fee will be deducted from the refund amount.

Shipping, handling, special handling fees, and expedited shipping charges are non-refundable.

8.5 Return Shipping and Risk of Loss

Buyer is responsible for:

All return shipping costs
Proper packaging
Insurance for the full value of the returned Products

HammerHead is not responsible for Products lost or damaged during return shipment.

8.6 Refunds

Approved refunds will be issued to the original payment method or, at HammerHead’s discretion, as account credit.

Refunds will be processed within 5-10 business days after inspection and acceptance of the returned Products.

8.7 Damaged or Incorrect Shipments

Claims for damaged, defective, or incorrect Products must be reported within a reasonable time after receipt.

HammerHead may, at its discretion, repair, replace, or refund such Products. This section does not expand any warranty rights.

9. Inspection and Damaged or Lost Shipments

Buyer must inspect Products upon receipt.

Claims for damaged or missing Products must be reported promptly
HammerHead may, at its discretion, replace damaged or lost Products
HammerHead is not responsible for Products lost or damaged during return shipment

10. Intellectual Property

All content on the Site, including text, graphics, trademarks, logos, product designs, and software, is the property of HammerHead or its licensors and is protected by applicable intellectual property laws.

No license is granted except for the limited right to access and use the Site for legitimate business purchasing purposes.

Issued and pending patents related to HammerHead products are available at:

charlesmachine.works/patents

11. Limited Warranty Disclaimer

EXCEPT AS EXPRESSLY STATED IN WRITING BY HAMMERHEAD, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

HAMMERHEAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

HAMMERHEAD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION

HAMMERHEAD’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM

Some jurisdictions do not allow certain limitations; those limitations may not apply to you.

13. Electronic Communications

By using the Site, you consent to receive communications electronically. Electronic communications satisfy any legal requirement for written notice.

14. Third-Party Links

The Site may contain links to third-party websites. HammerHead is not responsible for the content, security, or practices of third-party sites.

15. Modification of Services

HammerHead may modify, suspend, or discontinue the Site or any Products at any time without notice.

16. Governing Law

This Agreement is governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.

17. Venue and Dispute Resolution

Any dispute arising out of or related to this Agreement shall be brought exclusively in:

Wisconsin Circuit Court for Jefferson County, or
U.S. District Court for the Western District of Wisconsin

Buyer consents to personal jurisdiction and venue in such courts and waives any objection thereto.

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications relating to its subject matter.