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Returns & Cancellation Policy

  1. Returns up to Thirty (30) days: Customer may return the product(s) within thirty (30) days from the date of delivery of Products provided that the Products are in the original packaging, unused, unexpired, undamaged, and in a salable condition. Proof of purchase from Enerpac is required in all instances. Products sold on a “Final Sale” basis cannot be returned. Some Products returns may be denied or made subject to restocking fees and other charges at the reasonable discretion of Enerpac. Customer is responsible for all costs for the return of Products, including prepaying all shipping charges.
  2. Final Sale Products: Products sold on a “Final Sale” basis include Custom products, “Sale” products, emergency response Products, Products marked “Non-Cancellable” and/or “Non-Returnable”, non-catalogue Products, cylinders over 250-ton, or catalog Products which are modified by Enerpac for special customer applications, cannot be restocked as standard product.
  3. Returns Process :Prior to any return, Customer will contact Enerpac or an Authorized Service Center to determine the location for return or drop off. Enerpac US Customer Service Line is 800-558-0530. Customer must carefully package the Products and include the reason for return on the packing slip. If packing slip is not available, Customer must provide purchase date, the original invoice number and product number. Customer should indicate whether it requests a replacement Product or credit.
  4. Cancellation: Customer should contact the Enerpac US Customer Service Line if cancellation of a purchase is requested. Cancellation after purchase is at the sole discretion of Enerpac.

 

ENERPAC.COM TERMS AND CONDITIONS

The following terms and conditions (“Terms”) apply to all online sales of Enerpac Tool Group Corp. and its affiliates (“Enerpac”) product(s) (“Products”). By purchasing Products, you accept and agree to be bound to these Terms.

  1. OFFER & ACCEPTANCE. These Terms and Quotation (if any) constitute an offer by Enerpac to sell Product(s) to Customer. Customer’s purchase of the Product(s) constitutes acceptance of the offer. Enerpac objects to and rejects any additional or different terms or conditions in any form tendered by Customer.
  2. PRODUCT DEFINITIONS. When used in these Terms, (a) “Products” includes Standard Products and Special Products, (b) “Standard Products” includes all standard products which are available for purchase from Enerpac online, except for those products identified as “Special Products”, and (c) “Special Products” includes Mirage, Larzep, Equalizer, Sweeney and Heavy Lifting Technology products; any other product which is not branded as “Enerpac”; or which is custom or specialty built for a customer.
  3. DELIVERY. Enerpac will make every reasonable effort to ensure prompt delivery, but stated delivery dates are approximate only, time is not of the essence, and Enerpac reserves the right to readjust shipment schedules without liability to Customer.
  4. TITLE AND RISK OF LOSS. Title to and risk of loss for each shipment shall pass from Enerpac to Customer upon shipment from Enerpac’s facilities or other designated third-party supplier’s facilities. Loss or damage that occurs during shipment by a carrier selected by Enerpac is Enerpac’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer shall be Customer’s responsibility.
  5. SPECIFICATIONS. All weights, measurements, drawings, capacities and other specifications of Products provided by Enerpac (“Enerpac Specifications”), whether contained in photographs, schematics, catalogs, or otherwise, are only approximate and are provided solely for reference. Enerpac Specifications are not part of these Terms and deviations from or subsequent changes to any Enerpac Specifications do not constitute a breach of these Terms.
  6. INTELLECTUAL PROPERTY RIGHTS. All rights, title, and interests in the intellectual property (including, without limitation, all patents, copyrights, trade secrets, and trademarks) and written materials developed, designed or generated by Enerpac in the Product and its sale belong solely and exclusively to Enerpac. Buyer and/or Buyer’s customers are only granted a limited, revocable license to use such intellectual property and written materials to facilitate their sale and/or use of the Products, as applicable.
  7. EXCUSED DELAYS. Enerpac shall not be liable for any loss, damage or delay resulting from causes beyond its reasonable control, including, without limitation, strikes, acts, omissions or delays of Customer, fires, natural disasters, breakdowns of essential machinery, accidents, material shortages, delays in transportation, or lack of production capacity.
  8. LIMITED WARRANTY. Subject to the exclusions described below, all Products are warranted to be free from defects in materials and workmanship under normal use and service. Unless otherwise set forth in a quotation or agreed to by Enerpac in writing, (a) Standard Products are warranted for so long as they are owned by the first using purchaser, and (b) Special Products are warranted for one year from the date of delivery to the Customer. Enerpac does not warrant any products which are sold “AS IS”. This warranty is not transferable beyond the first using purchaser and is limited to new Products sold via Enerpac online stores.
  9. WARRANTY EXCLUSIVE REMEDY. In the event that Enerpac determines that a Product contains a defect in materials or workmanship, then Enerpac, in its sole discretion, will (a) repair the Product, (b) replace the Product, or (c) refund the purchase price of the Product. THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDY OF REPAIR, REPLACEMENT OR REFUND IS CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY. IN NO EVENT SHALL ENERPAC'S LIABILITY UNDER THIS WARRANTY EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE WARRANTY CLAIM. All Products which are repaired or replaced shall be warranted only for the unexpired portion of the original warranty period.
  10. WARRANY EXCLUSIONS. Enerpac's warranty does not cover (a) any failures which are not attributable to defects in materials or workmanship, including without limitation, failures caused by accidents, inadequate maintenance, misuse, unauthorized modifications or repairs, improper storage, and normal wear and tear, (b) any consumable parts or accessories, such as cutter blades, nut splitter chisels, punches, dies, chains, wedges, and strands, that are designed to wear over time or through use of the Product, or (c) electronics, motors, batteries, and engines, or other items not manufactured by Enerpac as these items are warranted by their manufacturer.
  11. LIMITATION OF LIABILITY. In no event shall Enerpac be liable for any incidental damages, consequential damages, special damages, indirect damages, loss of profits, loss of revenues, or loss of use, even if informed of the possibility of such damages. Enerpac's liability for damages arising out of or related to any order is limited to the order price for the specific product that gives rise to the claim. To the extent permitted by applicable law, these limitations and exclusions shall apply regardless of whether liability arises from breach of contract, warranty, tort (including but not limited to negligence), by operation or law, or otherwise.
  12. GOVERNMENT CONTRACTS. If Customer sells Products to any government, or to a government prime contractor or subcontractor, Customer shall be solely and exclusively liable for compliance with all government acquisition statutes and regulations.
  13. LEGAL COMPLIANCE. Customer shall comply with all applicable laws and regulations that may be in effect during Customer's purchase, sale and/or use, as applicable, of Products, including without limitation, all restrictions on the sale or other transfer of Products to prohibited parties, countries, end-users, or for a prohibited end-use. In addition, Customer shall not directly or indirectly make any offer or promise to improperly influence any agent, government official, political party or candidate for office in order to obtain or retain business or gain inappropriate advantage.
  14. GOVERNING LAW AND DISPUTES. These Terms and any claim, dispute or controversy arising from or relating to the Products (“Dispute”), shall be governed by and construed in accordance with the laws of Wisconsin (United States). The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable. All disputes are subject to binding arbitration, which shall be conducted by one arbitrator in English and held in Milwaukee, Wisconsin pursuant to the rules of the American Arbitration Association. The arbitrator shall have no authority to award any damages excluded in these Terms and the prevailing party shall be entitled to recover its costs including reasonable attorneys'fees.
  15. ASSIGNMENT. Enerpac may assign or delegate its rights and obligations, in whole or in part, under these Terms and any order to any Enerpac affiliate or subsidiary.
  16. ENTIRE AGREEMENT. These Terms together with the applicable Product online order documentation and information, constitute the entire agreement between Enerpac and Customer with respect to Enerpac's online sale of Products. Enerpac reserves the right to update these Terms at any time; however, Customer's rights and obligations shall be as provided in the version of these Terms at the time of Customer's purchase. Translated versions of these Terms may be available for Customer's reference, however, in the event of a conflict in the interpretation of these Terms, the English language version of these Terms shall control. If any part of these Terms is for any reason found to be unenforceable, all other provisions of these Terms shall remain in full force and effect.