Terms and Conditions

1. General

This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain technical inaccuracies or typographical errors. Information, including store-based pricing, advertising and marketing materials, product pricing and availability, may be changed or updated at Minnesota Equipment’s discretion without notice.

2. Information You Submit

All information you submit to us shall be true, accurate and complete. No information or material provided to Minnesota Equipment by you, or an agent working on your behalf, may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably under the circumstances might be deemed threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortious, defamatory, libelous, invasive of another person’s privacy, or violate another person’s publicity rights; (iv) bear any false, disguised, or misleading origin; or (v) be confidential and you do not have a right to disclose. By sending content, information or material, you grant Minnesota Equipment an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and/or distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Minnesota Equipment is free to use ideas, concepts, know-how or techniques that you send us without any compensation or acknowledgment.

3. Conduct

As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. By ways of example, and not as a limitation, you agree:

• Not to transmit or upload any material to the Site that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs;
• Not to interfere with or disrupt the Site networks or servers;
• Not to delete any legal notices, disclaimers or proprietary notices;
• Not to misrepresent your identity or credit information;
• Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means; and
• Not to interfere with Minnesota Equipment or another authorized party’s use and enjoyment of the Site.

4. Links to Other Websites

This Site may contain links to other websites to help customers learn more about the products available at Minnesota Equipment. Minnesota Equipment is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Minnesota Equipment of the subject website or any association with its operators. Minnesota Equipment does not have control over, and is in no manner responsible or liable for, the availability, accuracy and content of the websites to which this Site is linked. Minnesota Equipment makes no representations whatsoever about any other site you may access through this Site. Any concerns regarding any product or service offered by a website to which this Site is linked or the link itself should be directed to the operator of that specific website and not to Minnesota Equipment.

5. Monitoring of Site

Minnesota Equipment has no obligation to monitor the use of the Site or retain the content of any of the sessions on the Site. However, Minnesota Equipment reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Minnesota Equipment.

6. Copyright and Intellectual Property Ownership

Minnesota Equipment is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. Minnesota Equipment may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.

7. Limited License to Use Materials

Provided on the Site grants you a limited license to use the materials made available on the Site only for your personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of Minnesota Equipment. Minnesota Equipment, in its sole discretion, may revoke this license at any time without prior notice to you and without liability.

8. Right to Download

You may only download content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.

9. Copyright Infringement Notice

Pursuant to Title 17, United States Code, §512(c)(2), notifications of claimed copyright infringement must be sent to Minnesota Equipment’s Designated Agent. Minnesota Equipment’s Designated Agent email is: info@minnesotaequipment.com

10. Termination of Use

Minnesota Equipment may, in its sole discretion, terminate your account or your use of the Site at any time without liability. You are personally liable for any orders that you place or charges that you incur prior to termination.

11. Disclaimer

You assume all responsibility and risk for the use of this Site and the Internet generally. This Site is provided by Minnesota Equipment on an “AS IS” basis. Minnesota Equipment 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, to the fullest extent permissible by applicable law. Minnesota Equipment disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components. Minnesota Equipment will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, special, incidental, punitive, consequential damages or damages resulting from loss of use, data, or profits, or business interruption arising out of or in any way connected with the use of the Site, and delays on the Site, or the inability to use the Site, any portion thereof, or any hyperlinked website, whether based on contract, tort, negligence, strict liability or otherwise, even if Minnesota Equipment has been advised of the possibility of such damages.

12. Limitation of Liability

IN NO EVENT SHALL MINNESOTA EQUIPMENT OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDEMNITY, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE ITEMS SOLD THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF MINNESOTA EQUIPMENT OR ITS RESPECTIVE REPRESENTATIVES OR SUCH INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL TRIALS BY JURY AND ANY LIABILITY OF MINNESOTA EQUIPMENT FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARE WAIVED.

13. Indemnification

You shall indemnify, defend and hold Minnesota Equipment and its officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these Terms by you or your use of the Site or information provided by you to the Site.

14. Employment

Minnesota Equipment may make employment and related information available through this Site. Minnesota Equipment is an equal opportunity employer. Minnesota Equipment provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability.

1. Information
   Unless indicated otherwise, most products and services featured on the Site are available directly from or through Minnesota Equipment. Minnesota Equipment has made a conscientious effort to display and describe its products and services on the Site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Minnesota Equipment is constantly improving its products, product information and services.
2. Warranties
   Most products and product options displayed on the Site are available, but in some cases, certain products, product options or other merchandise displayed for sale on the Site may not be immediately available for order. Further product details, including specifications, images, colors, prices and features thereof, may not be an accurate representation of the actual product. All configurations and information generated on the Site are subject to change without notice. Minnesota Equipment reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. All information of any sort related to the products offered on the Site should be independently confirmed and verified by you when you place your order with an authorized Minnesota Equipment representative or agent.Without limiting the generality of the foregoing, the user should not rely on any dimension, specification or installation information provided on the site, as such information may be inaccurate, incomplete, outdated and/or not applicable to your particular situation. mn equipment solutions shall have no responsibility or liability for the accuracy of any such information, and you, the user, assume the sole risk of any use and/or reliance thereon.You acknowledge that any items advertised on the site and/or sold by mn equipment solutions are accepted “as is, where is, and with all faults.” mn equipment solutions makes no (and mn equipment solutions expressly disclaims any) express or implied warranty or representation of any kind or nature whatsoever other than title with respect to the item including, but not limited to, any warranty that the item is merchantable, fit for any particular purpose or noninfringing. without limiting the generality of the foregoing, mn equipment solutions disclaims and you hereby waive, all other warranties, guarantees or liabilities, whether express, implied or statutory, including but not limited to (i) any implied warranty arising from a course of performance or dealing or usage of trade (ii) any warranty as to the condition, design suitability, operation, quality of workmanship or materials, or history or level of use, maintenance, service or repair, of the item, or (iii) any warranty as to the use, condition (including, without limitation, the absence therefrom of latent, inherent or other defects, whether or not discoverable), quality, description or specifications of the item.
3. Manufacturer’s Warranty
   Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or service providers. Please reference the warranty information included with the products or services for information on how to make contact to process all warranty claims. For information on manufacturer’s warranties, please contact Minnesota Equipment as provided in Section F.
4.  OSHA Hazardous Substance
   Material Safety Data Sheets (MSDS) for OSHA-defined hazardous substances are prepared and supplied by manufacturers and available by contacting Infotrac at 1-800-535-5053. While Minnesota Equipment believes the information and recommendations contained on the MSDS to be accurate, Minnesota Equipment makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. You are solely responsible for any reliance on or use of any information, and for use or application of any product. Minnesota Equipment disclaims any and all liability to any user.
5. Product Ratings & Reviews
   The Minnesota Equipment Ratings and Reviews feature allows you to rate products (using a 1-5 star system) and/or write a product review based on your personal experience with that product. Reviews and Ratings are screened and filtered for profanity, violence, illegal activities or inappropriate material. Approved product ratings and reviews are posted on the product detail page of the product it is referencing. Product ratings and reviews should be made only by individuals who have actual experience with the product. Minnesota Equipment employees, contractors, vendors, board members, investors and any other individual with a vested interest in Minnesota Equipment are strongly discouraged from submissions. Approved ratings and reviews will remain visible on the Site product page as long as the product is presented online. Minnesota Equipment does not endorse any ratings provided on the Site. For more information about product reviews and ratings, please send an email with your name and a contact number to info@minnesotaequipment.com

You may place an order for the purchase of merchandise on this Site. All purchases are subject to the Terms and Conditions of Use, including the following:

1. Order Limitations
   Receiving a web order acknowledgement via e-mail or an online ordering confirmation does not guarantee the acceptance of an order by Minnesota Equipment. Minnesota Equipment may, at its own discretion, limit or cancel items or quantities purchased per person, per household or per order. Minnesota Equipment also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail, phone and/or billing address provided at the time the order was made. Minnesota Equipment reserves the right to limit or prohibit sales to dealers. Minnesota Equipment reserves the right to discontinue the sale of any product listed on the Site at any time without notice. You acknowledge that there may be a period of time after an order has been submitted where the ordered product becomes unavailable. If a product is not in stock or is otherwise unavailable for shipment following completion of the ordering process, you may choose to cancel your order or continue to place the order subject to the “backordered” status of the product. Under such circumstances, you agree that we may cancel your order before or after completion of the order process. Rarely, you may receive a shipping confirmation from us, but the product is no longer available. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. In the event that Minnesota Equipment cancels an order after a shipping confirmation has been sent to you, Minnesota Equipment will refund all fees paid by you for the cancelled products.
2. Oversize Fee
   Some products sold on the Site may have weight or dimensional restrictions which are considered “oversized” by our order delivery carriers. Special handling may be required to ensure the product is delivered to you safely. An oversized fee may be applied to such products and passed along to the purchaser of these specific products. The amount of the fee will vary by product. In the event of a “FREE Shipping” promotion, the oversize fee is excluded from the promotion and will be charged as specified.
3. Product Substitution
   Products (and country of origin) may be substituted and may not always exactly match catalog descriptions and/or images.
4. Availability
   Certain products may not be available for sale in all areas. Please contact your Minnesota Equipment dealer regarding availability.
5. Terms of Sale
   Minnesota Equipment’ acceptance of any order is subject to your assent to all of the terms and conditions set forth in Minnesota Equipment’ acknowledgment, and your assent to these Terms shall be presumed from your receipt of Minnesota Equipment’ acknowledgment, or from your acceptance of all or any part of the goods or services ordered. No addition or modification of these Terms shall be binding upon Minnesota Equipment unless agreed to by Minnesota Equipment in writing. If a purchase order or other correspondence contains terms or conditions contrary to these Terms or any terms and conditions contained in Minnesota Equipment’ acknowledgment, Minnesota Equipment’ acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Minnesota Equipment of any of the terms and conditions contained in Minnesota Equipment’ acknowledgment.
6. Product Suitability
   Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Minnesota Equipment attempts to ensure that its products comply with such codes, it cannot guarantee compliance (whether purchases are made at the Store or on this Site), and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, national and local codes and regulations to be sure that the product, installation and use will comply with them.
7. Materials of Trade
   You represent that if you are purchasing goods as their “materials of trade” as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations, that the goods will be used in direct support of your business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by the Customer.
8. Shipping ORM-D Material/Products
   A package labeled as ORM-D material is defined as a material, such as a consumer commodity, which presents a limited hazard during transportation due to its form, quantity and packaging. ORM-D specified material/products must be shipped via ground transportation. Packages containing ORM-D material/products will be clearly identified with an external “blue” ORM-D circular label and at least 2 directional labels.
9. Shipping via Common Carrier Freight Truck (LTL)
   Orders weighing more than 100 lb. or having combined dimensions (LxWxH) that exceed 169 inches cannot be shipped via a small package freight carrier. Orders meeting or exceeding these criteria will be converted to ship over the road via a common carrier freight trailer truck. A customer service agent will contact you if your order is converted to this ship type. In some cases, additional shipping fees may be required. The freight carrier will contact you to arrange delivery of your order. Someone must be present to inspect and sign for delivery of the order.
10. Pricing
    Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets and areas. Prices may and will vary between the Site and Minnesota Equipment stores and the prices are not guaranteed to be matched at the time of purchase. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States and Minnesota Equipment does not guarantee or provide any warranty regarding the stability or accuracy of any currency exchange rates. Prices shown on the Site do not include any shipping and handling or sales taxes, and if applicable to the order, will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
11. Sales Tax Policy
    Because Minnesota Equipment does business throughout the United States and collects and remits sales tax as required by law, the Site also collects and remits sales tax as appropriate. If you have tax-exempt status, please visit any of our Minnesota Equipment stores or contact us in any manner specified in Section F. At this time tax-exempt sales (for individuals or products) are not available on this Site or by any of the Minnesota Equipment customer service functions. The only means of tax-exempt sales is for you to visit your local Minnesota Equipment store and complete the tax-exempt forms available at checkout.
12. Paying for Your Order
    You may pay for your orders with a Minnesota Equipment gift card or with the following major credit cards issued in the United States of America. Currently, Minnesota Equipment accepts Visa, MasterCard©, American Express©, Discover© Card;, Minnesota Equipment Gift Cards and Electronic Checks. Credit cards are not charged until the order is shipped. Gift Cards and checks are charged at the time the order is submitted and are refunded via check from Minnesota Equipment in the event of an item or order cancellation. When an order is submitted, Minnesota Equipment may pre-authorize your order amount with your credit card provider at the time you place the order, which may have an effect on your available credit line. Please contact your credit card provider for more information. Also, please note that the total purchase price of your order will be reserved on your credit card at the time your order is placed and could remain reserved for a total of up to 5 business days, even if your order is cancelled.
13. Online Coupons and Promotion Codes
    Online coupons and promotions are valid only during the dates specified. Exclusions may apply to any promotion or coupon. Online-only promotions and coupons exclude “in-store only” items, shipping charges and fees, tax, gift cards, special orders, and online parts store purchases. Not valid with any other discounts, coupons or promotions.
14. Using Gift Cards
    Gift Cards, unlike credit cards, are debited at the time an order is placed. Gift Cards will automatically be redeemed to purchase totals up to the total purchase amount (including tax and shipping). In the event the total purchase amount exceeds the value of the Gift Card, you will be required to use a credit card to pay the difference. Any amount charged to a credit card will be treated as set forth above. In the event of a return (complete or partial) of an order using a Gift Card, the returned amount will first be credited to the credit card and any remaining amount will be provided to you via check sent from Minnesota Equipment. Processing times for return checks typically take a minimum of 2-3 weeks. Minnesota Equipment may, for gift card services, use a third party service provider whose terms and conditions and privacy policy may also apply.
15. Shipping
    Online orders may be shipped to your home or to a Minnesota Equipment store for customer pick-up. Orders ship on normal business days, which are Monday through Friday, excluding government holidays. Weekend shipment of orders is not currently available. For our Overnight service (e. g. 2-Day or next business day arrival), your order must be completed before Noon Central Time Monday through Friday in order for it to ship the same day (subject to available inventory). Overnight service is not available for Ship-to-Store orders at this time. Items not allowed by law to be shipped by air freight will automatically be converted to standard shipping for delivery. Actual shipping time for standard service is based on final destination and product availability.The Standard Shipping option includes the use of the UPS Basic or UPS Mail Innovations shipping method. Standard shipping of most packages whose total weight is equal to or less than 5 lbs. and less than 84 inches in length, width and height combined will be shipped via UPS Basic shipping method. Standard shipping of most packages whose total weight is equal to or less than 1 lb. and less than 84 inches in length, width and height combined will be shipped via UPS Mail Innovations shipping method. With UPS Basic or Mail Innovations standard shipping, your order is delivered by UPS to the closest United States Postal Service (USPS) Center of the ship to address and delivered to the final shipping address destination via the United States Postal Service (USPS). In cases where UPS Basic or Mail Innovations is used to ship your order, the UPS tracking number will continue to provide tracking details from the United States Postal Service (USPS) Center drop-off location to the final “ship to” destination. UPS Mail Innovations package tracking numbers may not be available for up to 48 hours after the order ship confirmation email is sent. UPS Basic or Mail Innovations packages will be delivered to the door in most cases, but can also be delivered in a mailbox. Packages shipped via UPS Basic or Mail Innovations may take up to 7-14 business days for delivery.The Pickup-at-Store delivery method ships orders to a Minnesota Equipment store chosen by the customer for pick-up at the store. Pickup-at-Store orders are usually available to pickup within 5 to 7 days of receiving the order confirmation. Orders not picked up or claimed within 90 days of the order date will be automatically returned. A credit for the order total, less a 10% restocking fee in some cases, will be issued to the credit card originally used to place the order, or a company issued check for gift card or EFT (Electronic Funds Transfer / Check) order is given. A government issued photo ID is required to pick-up the order. The person picking up the order must match the name of the person designated to pick up the order when the order was placed. Minnesota Equipment offers shipping to all United States addresses excluding Alaska and Hawaii. We do not currently ship orders outside the United States. We do not ship orders to APO/FPO addresses. Minnesota Equipment does not offer gift packaging. Order information such as a billing or shipping address that is inaccurate or incomplete may result in delays. Products cannot be shipped to incomplete addresses. Minnesota Equipment is not liable for late or lost deliveries. Subject to our Return Policy, please contact the carrier to resolve any credit or adjustments related to delivery failures or delays. Except in cases where the return is the result of an order processing error or the item arrives damaged or defective, original shipping charges are non-refundable and return shipping fees are the responsibility of the customer. Please report items that are damaged or missing within 10 days of delivery.
16. Shipping fees are as follows:Standard Shipping and Overnight Fees
    Below are our Standard Shipping and Overnight fees for Gifts, Toys, Clothing, and Power Equipment weighing less than 100 lbs:
    

    Purchase Amount	Standard Shipping	Overnight
    Up to $25	$4.95	$35.95
    $25.01 to $50	$7.95	$40.95
    $50.01 to $75	$9.95	$45.95
    $75.01 to $100	$11.95	$50.95
    $100.01 to $150	$16.95	$60.95
    $150.01 to $200	$19.95	$65.95
    Over $200	$24.95	N/A
    Orders weighing more than 100 lbs	A store team member will contact you with a freight quote	N/A

    
    Delivery Fees ? We will deliver orders via our store truck and trailer up to 100 miles from the store closest to you
    Below are our Delivery fees for orders consisting of Power Equipment and/or non-power products weighing more that 100 lbs:
    

    Distance from Closest Minnesota Equipment Dealer	Delivery Charges
    1-25 miles	$45.00
    26-50 miles	$65.00
    51-75 miles	$95.00
    76-100 miles	$125.00
    Over 100 miles	Please call for freight quote

17. **Minnesota Equipment reserves the right to ship orders or products in an order via “over the road” common freight carrier when the combined weight or size exceeds that which can be shipped via UPS efficiently. In these cases, we will contact you via telephone to arrange for the delivery of your order. Freight carrier deliveries require a person to accept and sign for the delivery. Items delivered via common freight carrier will be delivered to the residence or business threshold only.
18. Signature Required Deliveries
    For the safety and protection of your order, orders with a total of $200 or more will be delivered via UPS as “signature required”. This means that the order will require a signature from a representative at the ship to destination acknowledging receipt of the order before it will be delivered.
19. Risk of Loss
    All items and products purchased from this Site are made pursuant to a shipment contract provided by a small package delivery carrier or common carrier for shipments NOTE: The risk of loss and title for all products passes to the customer upon Minnesota Equipment’ delivery to the carrier, whether Minnesota Equipment pays for the freight charges or the freight charges are paid for by the customer. All claims for lost or damaged shipments should be directed to the appropriate shipment carrier initially, subject to the return policy in Section D below.
20. Order Status
    You can track your order once it has shipped by contacting Minnesota Equipment. If there is a problem with your order, please send an e-mail or call us (during scheduled customer service hours) using the contact information in Section F, so we can promptly resolve the issue.
21. No Assignment
    You shall not assign any order or any interest therein without the prior written consent of Minnesota Equipment. Any actual or attempted assignment without Minnesota Equipment’ prior written consent shall entitle Minnesota Equipment to cancel such order upon notice to customer.
22. Compliance with Import/Export Laws
    You represent, warrant, and covenant that the items purchased pursuant to these Terms will not be exported, re-exported, or transferred outside the United States or to any foreign persons unless under full compliance with any law or directive of the United States or the United Nations Security Council, including without limitation, the Trading With the Enemy Act, 50 Section 2401 et seq.; the Export Administration Regulations, 15 C.F.R. Section 768 et seq.; the Arms Export Control Act of 1976, 22 U.S.C. Section 2751 et seq.; and the International Traffic in Arms Regulations, 22 C.F.R. 120-128 and 130 promulgated there under; nor shall You violate or permit the violation of such laws. You further represent, warrant, and covenant that any necessary United States Government export license or other authorization has or will be obtained before exporting, re-exporting, or transferring the items under these Terms outside the United States or to any foreign persons. You acknowledge that exporting, re-exporting, or transferring the items under these Terms to foreign persons is subject to the above regulations regardless if the export occurs in the United States or abroad. You shall defend, indemnify and hold Minnesota Equipment harmless to the full extent of any claims, demands, losses, damages, cost, lost profits, fines, penalties, attorneys’ and other professional fees and court costs, and all other expenses arising from your failure to comply with this clause, or the stated statutes and regulations, as they exist now or may be amended from time to time.

1. Shipping Error/Product Defect/Product Damage
   If you have a return/exchange due to shipping error, defect, or damage, contact us within 10 days from receipt. Contact us at the telephone number or e-mail address identified in Section F and one of our team members will provide you with simple instructions for the proper handling of the merchandise. Please save the carton and all the packing material as well as the item. Please have the invoice ready when you call.  Note: You may be asked to provide images that show the damages being claimed depending on the merchandise purchased.Refunds in the form of a check will be made if your original purchase was made using:
   • Electronic Financial Transaction (EFT) – bank checking account
   • Gift Card
   • Split-Tender Transaction – a transaction paid with a combination of a gift card and a credit card will receive a refund check for the amount paid by the gift card only after the amount paid by the credit card has been

   Credit will be issued to the same credit card account on the original purchase for refunds on purchases made using credit cards.

   Email confirmation and / or the order packing list are required when returning an item that was ordered online.

2. Returning Gas-Powered Products

   Gas-powered products cannot be shipped to any location once you have added gas or other fluids
   • Due to Department of Transportation regulations, a product that has contained gasoline at any time cannot be shipped via any consumer parcel carrier
   • If you want to return a gas-powered product whether you have or have not added gas or other fluids – Contact one of our stores to arrange to return the product to a local Minnesota Equipment store for a refund
   • Due to varying state regulations, gas-powered products purchased in one state may not be returnable in other states
3. Returning Orders Shipped Via Common Freight Carrier
   Returns for orders delivered via common carrier freight must be initiated by contacting one of our stores or by emailing info@minnesotaequipment.com

Our ultimate goal is for you to be completely satisfied with your purchase from Minnesota Equipment. If you purchase an item from a Minnesota Equipment store and you are not completely satisfied, please contact the Minnesota Equipment store where you purchased your equipment to discuss resolution options regarding your purchase.

If you have any questions about these Terms or need to contact us for any reason identified herein, you may:

1. Send us a message. Please email JDMail@mnequip.com
2. Call one of our stores Monday through Friday 8:00 a.m. – 6:00 p.m. CST, Saturdays 8:00 a.m. – Noon CST,  Closed Christmas Day, July 4, and New Years Day
3. Send your request by mail to, Minnesota Equipment, 13725 Main Street, Rogers, MN 55374. Please be sure to include the following information:
   
   • Name
   • Return address
   • E-Mail address if available
   • Telephone number (area code first)
   • Order number
   • Order date
   • Reason for your correspondence

We want your experience at the Site to be as satisfying as possible. The ordering and contact information listed above will provide answers to most of your questions. If you have others, please let us know.

1. Force Majeure
   Minnesota Equipment shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.
2. Jurisdiction and Governing Law
   These Terms shall be construed, governed and enforced under the laws of the United States and the State of Minnesota (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Hennepin County. Each party hereby consents and submits to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum nonconveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
3. Cautionary Statement Regarding Forward-Looking Language
   Statements made on this Site may include “forward-looking statements,” as such are provided for by the Private Securities Litigation Reform Act of 1995 (the “Act”). All statements other than those reciting historic fact are statements that could be “forward-looking statements” under the Act. Such forward-looking statements may be found in, among other places, the discussions, presentations, or comments from management regarding Minnesota Equipment future operations and performance; proposed new locations, products, services, or developments; conditions or performance of the domestic economy; and any statement of an assumption underlying any of the foregoing.Minnesota Equipment believes that the expectations, opinions, projections, and comments reflected in its forward-looking statements are reasonable but can give no assurance that such statements will prove to be correct. Potential risks, uncertainties, and other factors could materially affect Minnesota Equipment’ ability to achieve the results expressed or implied by such forward-looking statements including, but not limited to, changes in general economic conditions such as interest rate and currency fluctuations, rising gas prices, and other factors which can negatively affect customers, as well as Minnesota Equipment’ ability to respond to changing economic conditions. Minnesota Equipment operations and economic results can be found in its filings with the Securities and Exchange Commission.
4. Severability
   If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.
5. To prevent and help eliminate instances of slavery and human trafficking in the supply chain, Minnesota Equipment maintains a strict code of conduct for its Vendors and their contractors. Minnesota Equipment reserves the right to audit Vendors facilities to ensure compliance with the stated code of conduct.
6. Minnesota Equipment has a strict policy prohibiting the use of forced or child labor in the manufacturing of the merchandise that it purchases. Minnesota Equipment’ Vendors and their contractors shall comply with the Fair Labor Standards Act, the Occupational Safety and Health Act, and all other applicable Laws for merchandise produced in the United States. Minnesota Equipment Company’s Vendors and their contractors shall comply with the laws of the country where merchandise is produced, pertaining to these subjects, when the merchandise is manufactured outside the United States. At a minimum Minnesota Equipment’ Vendors and their contractors must meet the following standards of conduct:
   
   • Forced Labor: Vendors and their contractors do not use any forced labor – prison, indentures, bonded or otherwise, and do not permit the use of corporal punishment;
   • Child Labor: Vendors and their contractors do not employ any person below the age of 16, or do not employ any person under the legal minimum age where local standards are higher;
   • Human Slavery / Human Trafficking: Vendors and their contractors are not involved in human slavery or human trafficking;
   • Compensation: Vendors and their contractors pay at least the legally required minimum wage;
   • Benefits: Vendors and their contractors comply with all provisions for legally mandated benefits, including but not limited to housing, meals, transportation and other allowances, health care, child care, sick leave, emergency leave, pregnancy leave, vacation, religious, bereavement and holiday leave; and contributions for social security, life, health, worker’s compensation;
   • Hours of Work/Overtime: Vendors and their contractors comply with legally mandated work hours and use overtime only when employees are fully compensated according to local law and informs the employee at the time of hiring if mandatory overtime is a condition of employment;
   • Health and Safety: Vendors and their contractors have written health and safety guidelines;
   • Environment: Vendors and their contractors comply with applicable country environmental regulations;
   • Equal opportunity: Vendors and their contractors provide equal employment opportunities for workers based on their ability rather than on the basis of personal characteristics or religious or other beliefs;
   • Applicable Laws: Vendors and their contractors comply with the applicable laws and regulations of all governmental authorities having jurisdiction over their facilities, operations, transportation and/or products.
   • In Minnesota Equipment Company’s Vendor Agreement, the vendors are agreeing to comply with the applicable laws and regulations of all governmental authorities having jurisdiction over their facilities, operations, transportation and/or products.
7. We require all Minnesota Equipment Company employees to comply with our Code of Ethics. Service Providers, Vendors and their contractors are expected to act ethically. As with other alleged violations of policy we will investigate the issue and take the appropriate action up to and including termination of employees and termination of agreements for Service Providers, Vendors and their contractors.
8. Waiver
   No waiver of any breach of a provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
9. Modifications
   Minnesota Equipment may modify these Terms at any time, at its discretion, and modifications are effective upon being posted on the Site. You are responsible for reviewing these Terms to ensure that you are aware of any changes made to the Terms.