ONLINE SALES TERMS AND CONDITIONS (“TERMS”)
In these terms and conditions “we” and “us” and “H2 Diamond Tools LLC” a distributor of C6 Diamond, LLC (Cat Diamond) and its related affiliated companies means C6 Diamond, LLC. A Texas Company Number 0803964297 Reg Address: 11610 VANCE JACKSON RD, # 518, SAN ANTONIO, 78230-1825, TEXAS, USA. “You” means you as the user of this Website or as a customer of H2 Diamond Tools LLC. By visiting this website or placing an order through this website (“Website”), you agree to the terms set forth below along with H2 Diamond Tools LLC Privacy Policy. These Terms together with your Order Confirmation constitute the contract between us and you for your purchase of our products. No other terms and conditions shall apply. The contract cannot be changed unless H2 Diamond Tools LLC agrees to change it in writing or by email.
Passwords and Security
If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. H2 Diamond Tools LLC employees will never ask you for your password. The information we obtain through your use of this Website, including your registration information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms. You also agree to ensure that you sign out of your account at the end of each session on the Website. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time (in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms).
Return Policy
For any unopened product in its original, undamaged condition, you can return it to us along with the sales receipt within 30 days of the date you received the product. We will provide a refund of the purchase price, less any shipping and handling fees from the original order. You are responsible for the cost of shipping. To return a product email sales@h2diamondtools.com. More information on returns can be found on warranty section.
Product Warranty.
Defects After Delivery
H2 Diamond Tools LLC the “Seller” will make good by repair or, at the Seller’s option, by the supply of replacement goods for those which are defective under proper use within a period of 12 calendar months after the Goods have been delivered and such defects arise solely form faulty design, materials, or workmanship. Provided always that the defective parts are promptly returned by the Buyer carriage paid to the Seller’s address (unless otherwise arranged in writing by the seller).
The above warranty is given by the Seller subject to the following conditions:
The Seller shall be under no liability in respect of any defect in the goods arising from any drawing, designer specification supplied by the Buyer; The Seller shall be under no liability in respect of any defect arising from normal wear and tear, willful damage, negligence, abnormal working conditions, wrong application, failure to follow the Seller’s safety and usage instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Seller’s approval; The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment; The above warranty does not extend to parts or materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as it given by the manufacturer to the Seller.
In the event of failure or breakdown of any product purchased from H2 Diamond Tools LLC, we reserve the right to refund the percentage of cutting segment in mm left on the product at an equivalent percentage of the original purchase price. Providing that the product is returned postage paid to H2 Diamond Tools LLC with a written report on the products cut, amount of cutting completed including the duration and number or meters, inch/ft cut and together with a sample of the material.
H2 Diamond Tools LLC liability is strictly limited to repair or replacement of the defective product.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, GENERAL TOOL SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT EFFECTS. IF H2 DIAMOND TOOLS LLC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY H2 DIAMOND TOOLS LLC IN ITS SOLE DISCRETION.
Additional Product Terms
The purchase and use of Cat Diamond products is subject to additional terms and conditions found in our Warranty section ABOVE.
Pricing and Price Corrections & Promotions
H2 Diamond Tools LLC reserves the right to change prices for products displayed on the Website at any time, and to correct pricing errors that may inadvertently occur. Only one coupon code may be used per order. H2 Diamond Tools LLC may cancel coupon codes or promotions at any time.
Order Acceptance/Confirmation
H2 Diamond Tools LLC may, in its sole discretion, refuse or cancel any order and limit order quantity. H2 Diamond Tools LLC may also require additional qualifying information prior to accepting or processing any order. Once we receive your online order through the Website, we will provide you with an email Order Confirmation. Your receipt of such order confirmation, however, does not signify H2 Diamond Tools LLC’s acceptance of your order, nor does it constitute confirmation of our offer to sell – this merely confirms that we received your order. H2 Diamond Tools LLC reserves the right at any time after receiving your order to accept or decline your order for any reason. If H2 Diamond Tools LLC cancels an order after you have already been billed, H2 Diamond Tools LLC will refund the billed amount. This Website does not process credit cards or take other payment processing information. Payment processing is handled through third-party services. Your credit card will be pre-authorized for the total (or first payment) upon order, credit card is charged when the product is shipped.
H2 Diamond Tools LLC may sell and ship products to end-user customers. H2 Diamond Tools LLC reserves the right to refuse or cancel your order if we suspect you are purchasing products for resale without the written permission for the Buyer to be a Trade account customer. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the products you have purchased, you agree that we may, at our option, require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by any means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses.
To prevent any unnecessary delays processing your order, please ensure that the billing address on your order matches the billing information on your credit card account. If you have recently moved or are unsure whether you receive your credit card statement at your work or home address, please contact your card-issuing bank.
Shipping & Delivery
H2 Diamond Tools LLC ships items within the continental US, Alaska, Hawaii, Puerto Rico, Guam, Canada and the rest of the world. The Buyer may not export any products purchased through the Website without the written permission of H2 Diamond Tools LLC. Additional shipping surcharges may be applicable on some orders based on the product selected and/or recipient’s location. The delivery date of your order can be impacted by many events beyond H2 Diamond Tools LLC control once it leaves our facilities. For this reason, H2 Diamond Tools LLC cannot be held liable for any delays in scheduled deliveries.
Product Availability and Limitations
Given the popularity and/or supply considerations for some of our products, H2 Diamond Tools LLC reserves the right to limit the number of products available for purchase, and reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when H2 Diamond Tools LLC confirms your order but subsequently learns that it cannot supply the ordered product. In the event H2 Diamond Tools LLC cannot supply a product you ordered, we will cancel the order and refund your purchase price in full.
Limitations of Liability, Disclaimers, & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Website shall be limited to the amount you paid us for products purchased on the Website during the 12-month period before the act giving rise to the liability. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
IN NO EVENT SHALL CAT DIAMOND, H2 DIAMOND TOOLS LLC OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ASSISTANCE (SUCH AS CREDIT CARD PROCESSORS) IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
H2 DIAMOND TOOLS LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law
This Website (excluding any third party websites) is controlled by us from our offices located in Georgetown Texas, and the statutes and laws of the state of Texas shall be controlling, without regard to the conflicts of laws principles thereof. With respect to all matters arising under these Terms, you agree to and hereby submit to the exclusive personal jurisdiction and venue of the federal and state courts of the state of Texas having competent subject matter jurisdiction.
BY USING THIS WEBSITE, YOU:
© 2023 Caterpillar. All Rights Reserved. CAT, CATERPILLAR, LET’S DO THE WORK, their respective logos, "Caterpillar Corporate Yellow", the "Power Edge" and Cat “Modern Hex” trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission. H2 Diamond LLC is an authorized distributor of C6 Diamond LLC, global licensee for Diamond Tools for Caterpillar INC. Company Number 0803964397.
Copyright 2022 H2® Diamond Tools
