Terms and Conditions
Last Updated: December 20, 2019
Website Use: Please read these Terms and Conditions ("Terms") carefully before using the www.worthingtonagparts.com website ("Website") operated by Worthington Ag Parts ("us", "we" or "our"). Your use of the Website is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not use the Website.
General Business Terms: Prices and product availability are subject to change without notice. All specials and promotions are limited to the stock on hand. Telephone us for current prices. We are not responsible for typographical errors, and we make every effort to ensure the accuracy of the information published in our catalogs and websites. The documents and graphics published on this Website may contain technical inaccuracies or typographical errors. We make no representation about the suitability of the information and graphics represented on this Website. All such documents and graphics are provided "as is" without a warranty of any kind.
If an error is made and a product is listed at an incorrect price, we have the right to refund or cancel orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, Worthington Ag Parts shall immediately issue a credit in the amount of the incorrect price. We reserve the right to limit quantities on promotion products. Separate policies apply for specific offers within this Website. See individual offer policies and notes for details.
We are not liable under any legal theory for consequential or incidental damages, or that arise from shipping delays, damages, or expense arising from product malfunction or defect. Other restrictions may apply.
Product Information: Although we take measures to keep the information in our catalogs and on this Website as timely and accurate as possible, We assume no responsibility for the accuracy of such information or its relevance to a specific use or application. The actual performance of products may vary based upon many factors and may be less than stated. Actual products may differ slightly in appearance to images shown.
Payment Methods: We currently accept Visa, MasterCard, Farm Plan and Discover Card as methods of payment. We reserve the right to discontinue any or all of these payment methods or add additional payment methods.
Shipping Rates: For customers with a shipping address in the continental United States, shipping rates will be quoted in your shopping cart at the time of purchase. For orders outside the continental United States, the shopping cart will not have a quoted amount for shipping. For these orders, customers will be contacted by our Web Order department with a shipping quote prior to order fulfillment.
Merchandise Returns: We offer a 30 days "no questions asked" return policy. That is 30 days from the original invoice date. No returns will be accepted after 30 days. Credit will be issued based on inspection of the returned merchandise. The customer assumes liability for freight when returning merchandise ordered in error. Returned merchandise must be shipped with all transportation charges prepaid. Merchandise returned C.O.D. will be refused. A restocking fee may apply. This does not apply to Whole Equipment sold "as is where is".
Core Charges: Cores must be returned within 60 days of receipt of the original merchandise in order to qualify for a refund unless specific prior arrangements have been made with us. Core charges will be refunded based on receipt and inspection of a serviceable core. The customer is liable for all freight charges on core returns.
Limitation of liability: In no event shall Worthington Ag Parts, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract or otherwise. Worthington Ag Parts, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.
Indemnification: You hereby agree to indemnify Worthington Ag Parts from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability: If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms: We are permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment: We are allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement: These Terms constitute the entire agreement between Worthington Ag Parts and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction: These Terms and any sales involving the Website will be governed by and interpreted in accordance with the laws of the State of South Dakota, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Worthington Ag Parts products) shall be in the state or federal courts located in Sioux Falls, South Dakota. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Worthington Ag Parts products) must be commenced within one (1) year after the claim or cause of action arises.
Limited Warranty on Parts:
Worthington Ag Parts warrants the parts it sells to be free from defects in material and workmanship for one year from the date of goods were sold by Worthington Ag Parts. This warranty applies only to a part that is properly installed, maintained, and operated under normal conditions. This warranty is void if the part has been (i) subject to misuse, neglect, or accident, (ii) used for a purpose for which it is not designed, or (iii) altered in any way that adversely affects its performance or reliability. Worthington Ag Parts' sole obligation and the purchaser's sole remedy for any breach of this warranty is repair or replacement of defective parts. Parts must be returned to Worthington Ag Parts under the prescribed policy. Worthington Ag Parts reserves the right to inspect any or all parts returned for warranty before warranty claims will be honored. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY, ALL PARTS ARE PROVIDED "AS IS", AND WORTHINGTON AG PARTS DISCLAIMS AND EXCLUDES ALL WARRANTIES WITH RESPECT TO PARTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Disclaimer of Any Warranty on Whole Equipment:
ALL WHOLE EQUIPMENT IS SOLD "AS IS" AND WORTHINGTON AG PARTS DISCLAIMS AND EXCLUDES ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO WHOLE EQUIPMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
General Limitation of Liability:
IN NO EVENT WILL WORTHINGTON AG PARTS' LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF WORTHINGTON AG PARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
IN NO EVENT WILL WORTHINGTON AG PARTS INCUR LIABILITY OF ANY KIND WITH RESPECT TO ANY PART OR PRODUCT IN EXCESS OF THE PURCHASE PRICE OF THAT PART OR PRODUCT.
Any claim arising from or relating to any from any alleged breach of warranty or failure of remedy must be commenced in one year after the claim arises. No one is authorized by Worthington Ag Parts to modify the written terms of disclaimers set forth in this warranty.