Terms and Conditions

Definitions

The terms “website” or “site” shall refer to www.hammerheadshop.com, which is controlled and maintained by Earth Tool Company LLC (ETC).

The terms “you,” “your,” and “user” shall refer to any individual who visits, views, accesses or otherwise uses any of the services or information compiled on this website.

Acceptance of our Terms

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this website, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms and Conditions your only option is not to visit, view or otherwise use the services of www.hammerheadshop.com. You understand, agree and acknowledge that these Terms and Conditions, together with our Privacy Policy and Purchase, Shipment & Return Policy, constitute a legally binding agreement between you and ETC and that your use of www.hammerheadshop.com shall indicate your conclusive acceptance of this agreement.

Provision of Services

You agree and acknowledge that ETC is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it.

Privacy Policy

For questions and concerns about your personal information, please review our Privacy Policy, which is hereby incorporated into these Terms and Conditions.

Purchase, Shipment & Return Policy

For questions regarding the purchase, shipment and/or return of purchases, please see our Purchase, Shipment & Return Policy, which is hereby incorporated into these Terms and Conditions.

Electronic Communications

When you visit www.hammerheadshop.com or send e-mails to us, you are communicating electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third-Parties

This website may contain links to other websites.  ETC is not responsible for the content of these third-party websites.  Further, ETC disclaims any liability for injury caused by the actions of these third-party websites, including any disclosure of personal information or actions by third party websites that do not conform to the Privacy Policy of ETC.

Intellectual Property

This website may contain proprietary and confidential information including trademarks, copyrights and patents that are protected by law.  This intellectual property may not be sold, reproduced or distributed without our written permission.  Any rights not specifically granted herein are reserved.

Any third-party trademarks, service marks and logos are the property of their respective owners.

ETC grants you a limited license to access and make personal use of www.hammerheadshop.com.  You may not download or modify any portion of this site without the express written consent of ETC.  This license does not permit the resale or commercial use of this site or its contents.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of ETC.

Issued and pending patents related to Hammerhead products can be found at charlesmachine.works/patents

Disclaimer of Warranties and Limitation of Liability

The services and site provided by ETC are provided on an “as is” and “as available” basis.  ETC makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.  You expressly agree that your use of this site and ETC’s products or services and the disclosure of your personal information is at your sole risk.

In no event shall ETC or its beneficiaries and assigns be liable for any special or consequential damages, including lost profits or loss of data arising from the use of this site.  ETC is limited in its liability to any user by the amount a user has paid ETC for use of this site.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Every effort is made to keep the website up and running smoothly. However, ETC takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues.

Applicable Law

By visiting or using this website, you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and ETC or any of its agents or affiliates.

Disputes

Any dispute relating in any way to the site or a service provided by ETC shall be heard, adjudicated and determined exclusively and only in an action or proceeding filed in the Wisconsin District Court for Jefferson County or The United States District Court for the Western District of Wisconsin.

For purposes of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Wisconsin.

 

Purchase, Shipment & Return Policy

Credit Cards

HammerHead accepts the HammerHead MasterCard®, MasterCard®, Visa®, Discover® and American Express® credit cards through the ELAVON system provided by Bank of the West.

Shipping Destinations

HammerHead can ship to any state and some international locations.  Restricted locations will not be listed in the “ship to” field of your order form.

Shipping Cost

Shipping costs for www.HammerHeadShop.com orders depend on the method of shipping selected, the size and weight of the items shipped and the destination of the purchased item.  The cost of shipping is calculated and communicated to the user prior to a purchase becoming final.

Delivery Time

After you have placed your order, we will check our inventory and then calculate the dates we expect your order to be packed and ready for shipment.

Return Policy

You may return most new, unopened and resalable items sold by www.HammerHeadShop.com for a full refund, less shipping and handling.  Items should be returned in their original packaging.  A return merchandise authorization (“RMA”) is required from HammerHead before a return will be accepted.

To obtain an RMA and shipping information, please contact: salesordersupport@hammerheadmole.com

Please send all returns to:

HammerHead Trenchless Equipment
ATTN: SALES ORDER SUPPORT
500 South C.P. Ave.
Lake Mills, WI 53551

Disclaimer

If a purchase is lost or damaged during shipment to you, HammerHead will send an equivalent product to replace the lost or damaged item.  Upon your receipt of your purchase, all risk of loss is transferred to you and returns will be accepted only through HammerHead’s Return Policy described above.

HammerHead will not be responsible for packages lost or damaged during return.  HammerHead recommends that you insure your return package.

Disputes

For questions regarding how HammerHead handles disputes, please see the Terms and Conditions.