Terms and Conditions
All shipping times given by staff and by our site are estimated and non-guaranteed. Shipping delivery time is dependent upon the shipping carrier. We will always do our best to get your items to you within the estimated dates.
Please be aware that some items may be due to extra shipping charges after you have completed your checkout. For these charges you will be charged AFTER checkout. Should you not agree to pay these charges, we will cancel your order for a 100% refund.
Shipping rates are subject to change after checkout. In the case this occurs we will let you know the difference before shipping the merchandise. Shipping times are estimates and are not gauranteed in any way or form
Warranty available thru request at the time of purchase. Warranty must be stated in the receipt.
By purchasing items that are designated as on sale or discounted you agree to the following terms: These sale items are provided without any warranty or guarantee. They are considered final sale, thus not eligible for return or exchange. Please be aware that sale items might encompass open-box, discontinued, or refurbished products, which could exhibit minor cosmetic flaws. Any defective sale items will be managed according to our standard Returns and Exchanges Policy. Furthermore, we retain the right to alter or cancel sale items when necessary. Your purchase of these on sale items signifies your understanding and acceptance of these terms.
We do not accept resale certificates or resale permits. For customers to apply for any sort of tax exemption, one of the following must apply.
1. The initial sales order must either be in the amount of $5000.00. (Certain exceptions may apply)
2. If you have already placed orders with us, have either $5000 or 5 units of the products already purchased through us previously.
SHIPPING POLICY
Standard Freight Shipping:
Receiving this quote requires that you have the below
- A zoned commercial address
- A forklift or loading dock
- Business hours for the delivery window.
Freight quotes on site will Ship via truck LTL freight, to a COMMERCIAL, NON-RESIDENTIAL address within the 48 contiguous US states that lies within the inland coastal boundary OR to customers who pick up from the DELIVERING CARRIER'S terminal.
Note: Commercial recipients must be zoned commercial, have a dedicated freight delivery area, have posted hours of operation and be able to remove a pallet from the delivery truck. Home businesses do not qualify as Commercial Zone.
- If you would like to pay the Standard Freight Shipping Rate and do not have a commercial address you can pick your order or item(s) up at your nearest shipping terminal.
Please call 1-714-735-8363 or email sales@californiatoolsandequipment.com for for help locating the delivering carrier's terminal in your area.
Residential Shipping With Lift Gate Or Premium Freight Shipping
This shipping method includes shipping to a residential address with a lift gate delivery. Lift Gate Service will provide a hydraulic lift on the delivery truck to safely lower your product(s) to the ground.
Local Pickup:
Customer who made the purchase must be present when picking up the order. Must bring Photo ID and Credit Card used for the purchase. NO EXCEPTIONS.
All sales are taxable when picking up. No exceptions
All Shipping Options: All Shipping times shown on our website are estimates. Shipping delivery time is dependent upon the shipping carrier. We will always do our best to get your items to you within the estimated dates.
Free Shipping Options: Free Shipping on equipment for freight products is ONLY FREE to Commercial Addresses with a forklift/loading dock OR shipped to the nearest shipping terminal to you where it will be your responsibility to pick it up.
Please contact us before returning an item. All returns must first be approved.
Unauthorized returns will be returned to sender.
All shipping costs both shipping to the customer and return shipping costs to California Tools and Equipment Corporation are the buyer's responsibility, regardless of the reason for the return. There are no exceptions.
After a return has been authorized there is a 7-day grace period in which to ship the return.
Once an item has been turned on and gassed. It cannot be returned under normal return conditions. Special conditions may apply for items priced above $1000 with up to a 40% restocking fee.
The buyer must be able to prove the return was delivered.
All returns are subject to a 35% restocking fee.
All parts are non refundable.
Damaged or defective items:
If your item arrives damaged, please do not throw away the original packaging or packing materials and contact us on the date of delivery. If you do not contact us on the day of delivery we will be unable to file for damages with the carrier and will not be able to accept your damaged package claim.
This includes regular returns, undeliverable items and damaged/factory defective items.
You have 14 days from the date of delivery to request a return of a non-defective item. We do not accept returns after that period.
Returns will not be accepted if the item is: incomplete, used, has been improperly used, tampered with, disassembled or sent to a third-party repair store without authorization.
For "regular" or "changed mind" returns:
The item must still be sealed in the original, unopened packaging and be unused. These returns are subject to a 35% restocking fee.
Cancellation Policy
Due to costs associated with storage, procurement and processing of products. The below applies for cancellations.
Cancellations or Returns for any Special Order Products including but not limited to Outdoor Contractor Scaffolding or its parts, Towable Cement Mixers, Ride-on Power Trowels are subject to a 40% Restocking Fee.
Cancellations where a customer cancels the order anytime after 72 hours of the initial time of purchase will be subject to a 40% restocking fee.
Cancellations when a financing or lease partner such as Klarna, Clicklease or Acima are used a restocking fee of 40% fee applies.
Cancellations for products over $2500.00 may have a restocking fee from 20-40% apply due to the handling, procurement and processing of these items being costly after an order is placed.
Other Terms and Conditions
Pricing mistakes can occur on our website. If they do, your order will be cancelled and refunded immediately. We reserve the right to cancel orders in which have an obvious price issue.
We also reserve the right to adjust price of shipments to what may be appropriate for the type of item being shipped or because of restrictions that your address may have.
Equipment Service and Repair Terms
Storage Fees and Unclaimed Equipment
-
Storage Fee: When you entrust us with your equipment for service or repairs, we offer a grace period of 30 days for you to collect your equipment after the service or repairs have been completed. If the equipment is not collected within this period, a storage fee of $125 per week will be charged, starting from the 31st day after notification of service completion.
-
Unclaimed Equipment:
- If your equipment remains unclaimed for 90 days following the completion of service or repairs, we will consider the equipment abandoned.
- After 120 days, regardless of whether the repairs have been completed or not, the equipment will be disposed of.
- Absolute Disposal and Non-responsibility: Beyond 210 days, under no circumstances will California Tools and Equipment hold responsibility for any equipment, regardless of its condition, repair status, or any other factors. We explicitly disclaim any liability for loss, damage, or disposal of equipment after this period.
-
Notification: We will make reasonable efforts to contact you regarding the status of your equipment’s service or repairs and any impending storage fees or disposal actions. It is your responsibility to ensure that your contact information is up-to-date and that you respond to our notifications in a timely manner.
-
Liability: By agreeing to these terms, you release California Tools and Equipment from any liability for loss or damage to the equipment once it is deemed abandoned under these terms, including equipment not collected within 120 days, regardless of the repair status, and explicitly after 210 days under any circumstances.
-
Retrieval and Payment: To retrieve your equipment and avoid any storage fees or disposal actions, please ensure that you collect your equipment promptly and pay any outstanding service, repair, or storage fees.
Please note that these terms are subject to change at our discretion, and any changes will be communicated through appropriate channels.
Agreement between User and californiatoolsandequipment.com
Welcome to californiatoolsandequipment.com. The californiatoolsandequipment.com website (the "Site") is comprised of various web pages operated by California Tools and Equipment Corporation. californiatoolsandequipment.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of californiatoolsandequipment.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
californiatoolsandequipment.com is an E-Commerce Site.
We sell various brands of construction equipment, tools, and other general merchandise.
Privacy
Your use of californiatoolsandequipment.com is subject to California Tools and Equipment Corporation's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting californiatoolsandequipment.com or sending emails to California Tools and Equipment Corporation constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that California Tools and Equipment Corporation is not responsible for third party access to your account that results from theft or misappropriation of your account. California Tools and Equipment Corporation and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
California Tools and Equipment Corporation does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use californiatoolsandequipment.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
californiatoolsandequipment.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of California Tools and Equipment Corporation and California Tools and Equipment Corporation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. California Tools and Equipment Corporation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by California Tools and Equipment Corporation of the site or any association with its operators.
Certain services made available via californiatoolsandequipment.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the californiatoolsandequipment.com domain, you hereby acknowledge and consent that California Tools and Equipment Corporation may share such information and data with any third party with whom California Tools and Equipment Corporation has a contractual relationship to provide the requested product, service or functionality on behalf of californiatoolsandequipment.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use californiatoolsandequipment.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to California Tools and Equipment Corporation that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of California Tools and Equipment Corporation or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. California Tools and Equipment Corporation content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of California Tools and Equipment Corporation and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of California Tools and Equipment Corporation or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
California Tools and Equipment Corporation has no obligation to monitor the Communication Services. However, California Tools and Equipment Corporation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. California Tools and Equipment Corporation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
California Tools and Equipment Corporation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in California Tools and Equipment Corporation's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. California Tools and Equipment Corporation does not control or endorse the content, messages or information found in any Communication Service and, therefore, California Tools and Equipment Corporation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized California Tools and Equipment Corporation spokespersons, and their views do not necessarily reflect those of California Tools and Equipment Corporation.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to californiatoolsandequipment.com or Posted on Any California Tools and Equipment Corporation Web Page
California Tools and Equipment Corporation does not claim ownership of the materials you provide to californiatoolsandequipment.com (including feedback and suggestions) or post, upload, input or submit to any California Tools and Equipment Corporation Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting California Tools and Equipment Corporation, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. California Tools and Equipment Corporation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in California Tools and Equipment Corporation's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your California Tools and Equipment Corporation account to third party accounts. By connecting your California Tools and Equipment Corporation account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by California Tools and Equipment Corporation from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the California Tools and Equipment Corporation Content accessed through californiatoolsandequipment.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless California Tools and Equipment Corporation, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. California Tools and Equipment Corporation reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with California Tools and Equipment Corporation in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and California Tools and Equipment Corporation agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CALIFORNIA TOOLS AND EQUIPMENT CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CALIFORNIA TOOLS AND EQUIPMENT CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CALIFORNIA TOOLS AND EQUIPMENT CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALIFORNIA TOOLS AND EQUIPMENT CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CALIFORNIA TOOLS AND EQUIPMENT CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
California Tools and Equipment Corporation reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and California Tools and Equipment Corporation as a result of this agreement or use of the Site. California Tools and Equipment Corporation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of California Tools and Equipment Corporation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by California Tools and Equipment Corporation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and California Tools and Equipment Corporation with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and California Tools and Equipment Corporation with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
California Tools and Equipment Corporation reserves the right, in its sole discretion, to change the Terms under which californiatoolsandequipment.com is offered. The most current version of the Terms will supersede all previous versions. California Tools and Equipment Corporation encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
California Tools and Equipment Corporation welcomes your questions or comments regarding the Terms:
California Tools and Equipment Corporation
6880 Orangethorpe Ave
BUENA PARK, California 90620
Email Address:
sales@Californiatoolsandequipment.com
Telephone number:
714-735-8363
Effective as of December 01, 2018