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TERMS AND CONDITIONS
GXi Outdoor Power, LLC
Revision Issue Date 5-1-2019
 
 
 
Contents
1. Satisfaction Guarantee
2. Pre-Shipment Verification
3. Shipping Policy
4. Warranty Policy
5. Order Cancellation Policy
6. Return Policy
7. Additional Terms and Conditions
8. Important Maintenance Information
 
 
 
Definitions
      1. The terms “Customer” and “you” and “your” are used interchangeably throughout this document.
      2. Products identified as “new” are new from the factory and have only been operated to the extent required to perform a thorough test and prepare them for shipment. They are cleaned before shipment but may have a grass clipping or piece of debris in a corner as a result of the testing process.
      3. Products identified as “scratch and dent” have been used for less than 20 hours and have less than 5% surface blemishes.
      4. Products identified as “reconditioned” or “pre-owned” have more than 20 hours of use, or more than 5% surface blemishes, or have been used by an end customer.
 
1. Satisfaction Guarantee
a) If you are not completely satisfied with your product, simply return the product within 30 days from the date of purchase for a refund.

b) All returns are subject to the Return Policy found in Section 6 of this document. Please read the Return Policy before initiating a return.
 
2. Pre-Shipment Verification
a) It is the Customer’s responsibility to review their order, become familiar with the product specifications and make sure the product purchased is appropriate for your circumstances and use.

b) The act of confirming your purchase at the time of payment indicates you have reviewed and understand the following:

      1. The product’s specifications, features, intended use and limitations.
      2. The Terms of Sale.
      3. The Terms of the Limited Warranty.
      4. The definitions of “wear and tear”, “manufacturing defect” and Customer’s responsibility to maintain and service the product.
      5. You have a means to maintain the product, perform routine service as per the Owner’s Manual and when required, transport the product to an authorized service center.
      6. There are options for extended warranty coverage available that can offset some service and warranty costs.
c) Additionally, for products with significant size or technical complexity, GXi Customer Service Team may contact the Customer after the order is placed to confirm the Customer is aware of product features, warranty process and routine maintenance requirements. In addition, GXi may confirm:

      1. The shipping and receiving process outlined in Section 3.
      2. Shipment details such as address and available receiving facilities and shipping alternatives.
d) In the event the Customer is not prepared to receive, store, operate or service the product, or the selected product is not suitable for the Customer’s circumstances, either GXi or the Customer may choose to cancel the order. See section 5, Order Cancellation Policy.

3. Shipping Policy
 
a) GXi makes every effort to ship your product as quickly as possible. During peak periods this process may take several days and in rare occasions there may be back orders that cause longer delays.

b) In the event your shipping address is designated as a “remote” or “extended” delivery location by the trucking companies, GXi may require you to identify an alternative shipping address that is less remote and not subject to these additional charges, or, pay an additional $500 remote location shipping surcharge to GXi prior to shipment.

c) Upon shipment from GXi’s location, responsibility for the condition of the product is transferred to the shipping company.

    1. The shipping company signs the Bill of Lading, indicating the product was in good condition when it was picked up at GXi Outdoor Power, LLC.
    2. Upon delivery, the shipping company will ask you to also sign the Bill of Lading or similar document. Your signature indicates that you accept the product in the condition it was delivered, and you relieve the shipping company of any responsibility for damage or loss. You assume responsibility for any damage reported after delivery unless otherwise noted.
    3. If you have any questions or concerns or are refusing delivery or have uncovered any shipping damage whatsoever, immediately call GXi Customer Service at 919-550-3221.
    4. It is your responsibility to inspect your product at the time of delivery and confirm you are satisfied with its condition. Remove all packaging and perform a detailed inspection. Trucking companies will allow up to 15 minutes for you to do this before you sign the Bill of Lading.
    5. It is your responsibility to note any / all damage you identify or suspect on the Bill of Lading and show your concern to the driver. He should initial your notes, indicating that he agrees with you.
    6. It is your responsibility to reject the shipment and have it returned to GXi if damage is identified or the trucking company attempts to deliver the product outside its original packaging or off its pallet or crate.
    7. If accepting the freight but you are concerned there may be damage, retain a copy of the Bill of Lading with your signature and any notes of the suspected damage and the driver’s initials or signature. Take photos of any suspected damage. Ask the driver to stand in the photo as well. Have the driver point at the damage in the photo. This expedites resolution of any potential freight insurance claims.
    8. Failure to follow these steps will result in the trucking company and GXi assuming any and all damage reported after delivery occurred at your premises and was not a result of shipping or handling. You will be required to accept the product “as is”.
    9. If you reject receiving a shipment without cause, you are required to pay the freight charges to and from the shipping point plus a 35% restocking charge. This amount will be deducted from any refund you may be entitled to.
    10. If the product was shipped via a parcel service and no signature was required upon delivery, you must report any damage or discrepancy within 2 business days of the delivery. Failure to report any damage or discrepancy after the second business day results in the shipping company assuming the loss or damage occurred at your premises and it is no longer their responsibility. You will be required to accept the product “as is”.
    11. If there was no external indication of damage to the packaging or product and you subsequently suspect there was concealed damage that was undetectable at the time of delivery, contact GXi Customer Service immediately and report your concerns. If you report the concern after 2 business days, it is assumed the damage was caused at your premises.
    12. Keep all packaging for 30 days to re-use in the event you wish to return your product to GXi. See section 6 for Return Policy.
d) Customers may pick up your purchase from a GXi location if an appointment is arranged in advance with a representative of GXi.

      1. The GXi representative and you will review and operate the product together and follow the customer pick-up checklist prior to your acceptance. The checklist will be signed by you and a representative of GXi, confirming you are receiving the product in acceptable condition and you are satisfied with your purchase.
4. Warranty Policy
 
a) Your Manufacturer’s Limited Warranty is stated on the back page of your Owner’s Manual provided with your equipment.

    1. The Manufacturer’s Limited Warranty applies to the original purchaser, for a new item, sold through an authorized retail channel, for a period as specified in the Owner’s Manual.
    2. The Manufacturer’s Limited Warranty covers “manufacturing defects” which are defined as defects in workmanship or design. The specific defect must be identifiable at the time of submitting a warranty claim.
    3. The Manufacturer’s Limited Warranty does not cover: consumables such as gasoline, grease and oil; wear and tear items such as blades, belts, tires, brakes; routine maintenance items such as blades, controls adjustments, belt adjustments, carburetor cleaning, filters, lubricants, light bulbs; Abuse such as neglecting service intervals or operating or storing the equipment incorrectly.
    4. The manufacturer’s limited warranty is void if the product is modified, is not operated in a manner consistent with its intended use, or is not operated within the performance limitations detailed in the Owner’s Manual.
    5. Extended Warranties are available through GXi and certain retail channels that provide additional coverage and protection.
    6. For questions about warranty or service, contact GXi Parts and Service at 919-550-3221 or your extended warranty provider.
    7. All warranty work must be performed by an authorized service center.
    8. Transporting a product to a service center for in-warranty service is your responsibility unless covered by an extended warranty policy. This may require you to rent a trailer or truck to transport your product to the service center. Some service centers offer a pick-up and delivery service that may be available to you for a fee.
    9. GXi makes every effort to have an authorized service center within 50 miles of your location. In remote regions this may not be possible and authorized service centers may be further away.
    10. The engine warranty is subject to the terms and conditions of the engine manufacturer. For engine warranty claims, please contact the engine manufacturer.
    11. Items sold as “scratch and dent items” include the Manufacturer’s Limited Warranty except for the damage identified as “scratch and dent”.
    12. Items sold as “pre-owned” or “Reconditioned” are sold “as is” plus a 30 day return policy (see section 6) and a Manufacturer’s Limited Warranty with a GXi Limited Warranty period of 90 days from date of purchase, and an engine warranty for the balance of the engine manufacturer’s warranty.
5. Order Cancellation Policy
a) An order can be cancelled for a full refund up until the point that it has shipped from GXi. Once it has shipped, a cancellation is no longer possible.

b) To cancel your order after shipment, please review the Return Policy in section 6.

6. Return Policy
a.  Spare parts, optional accessories and service parts are not eligible for a return to GXi Parts and Service. All spare par, optional accessories and service part sales are final. No exceptions will be made.
b.  Generators, chipper shredders and snow blowers sold 7 days before and up to 15 days after a major storm (named storm) are not eligible for a return. No exceptions will be made.
c.  To arrange a return of a piece of equipment, contact GXi Parts and Service 919-550-3221. Request a Return Authorization Number (RA#). This will be used to track your product return and refund. Without an RA# your return will be rejected by our warehouse personnel.
d.  You are responsible for the return shipping expenses associated with the return of the product.
e.  Engine powered equipment will need to have the gas and oil drained from the product prior to shipment.
f.   Freight or parcel collect shipments WILL NOT be accepted.
g.  Return to: GXi Outdoor Power, LLC, 7439 Pebble Drive, Fort Worth, TX 76118 and place the RA# prominently on the paperwork and packaging.
h.  The product must be returned: in the condition it was purchased as stated in the original sales receipt; with all associated accessories, hardware, and manuals; in its original packaging; and on its original pallet, if shipped in a custom crate or pallet. These requirements apply equally to “new”, “scratch and dent” and “factory reconditioned” products.
i.   In the event your product is damaged while being returned to GXi, the cost to repair the damage will be deducted from your refund and it will be your responsibility to file a freight claim with the shipping company. GXi will note any damage to your product at the time it is received at our location.
j.   All returns are subject to a 35% restocking fee to cover: the initial shipping and handling costs to ship the product to you; a detailed factory inspection upon the return of the product; and the replacement of all the packaging materials. In the event you initially picked the product up from one of our locations, the restocking fee is reduced to 25%.
k.  GXI reserves the right to recoup additional expenses for parts and labor for use or damage to the product while in your possession, in order to restore it to its original condition in which it was shipped to you, so it can be re-sold.
l.   Your refund will be process within 10 days of receiving the return.

7. Dispite Resolution
a) Any claim, dispute or controversy arising out of, relating to, or concerning these Terms and Conditions of Sale or the Limited Product Warranty shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Fort Worth, Texas, USA.

b) The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

8. Additional Terms and Conditions

a)  Communications with GXi
We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to GXi will be treated as non-confidential and non-proprietary. All communications to GXi become the exclusive property of GXi and you agree that by transmitting any communication you relinquish all rights and interests in same. GXi shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. GXi shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, GXi discourages you from transmitting information that you do not wish to assign to GXi, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that GXi may copy all or part of your communication in any response(s) it makes to you.

b)  Choice of Law
By use of this Website, GXi catalog or any type of GXi advertisement, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and GXi or its affiliates.

c)  Use Tax

Notice for Use Tax in States Where GXi Outdoor Power Does Not Collect Sales Tax.

GXi collects sales tax in TX and NC. This notice is for customers who take delivery of merchandise in other states.

    1. GXi Outdoor Power does not collect sales or use tax in other states.
    2. Purchases are subject to use tax in other states unless exempt from taxation in those other states.
    3. The purchase is not exempt merely because it is made over the Internet or by Catalog.
    4. Other states will require customers to report their purchases that were not taxed and pay use tax on those purchases. Customers should check their state's reporting requirements for tax forms to be used for this purpose.

d)  Proprietary Rights

    1. All product names, logos, trademarks, as well as other marks and trade names on this Website are the exclusive properties of GXi Outdoor Power, LLC., or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
    2. The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by GXi or any GXi affiliate or by third parties who have licensed their rights to GXi. All content is copyrighted as a collective work under the U.S. and international copyright laws and GXi owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this Website. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content.

e)  Severability
The Terms and Conditions constitute the entire agreement between you and GXi with respect to this Website, GXi catalog or any type of GXi advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and GXi with respect to this Website, GXi catalog or any type of GXi advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by GXi. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

f)  Secure shopping
By accessing this site or by placing an order with GXi Outdoor Power, LLC through any means you accept the Terms and Conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use this site or any other site that is direct to consumer, solely owned or a subsidiary of but not exclusive to individual sites such as eBay and Craigslist.

THE STATEMENTS ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES

Your use of this site or by you placing an order through any means following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.

g) Website Usage Restrictions

1. You may download and/or copy portions of the content for personal, non-commercial use only, provided that

a) Retention of all copyright, trademark or other proprietary notices contained on the content,
b) NO modification or alteration the content in any way and
c) Content may not be made available to any third party. GXi reserves complete title and full intellectual property rights in any content that you download from this Website.

2. As a user, you agree to use this Website only for lawful purposes. The following are included, but not limited to, in strictly prohibited actions:

i) misrepresenting the identity of a user;
ii) tampering in any way with this Website, and
iii) conducting any type of fraudulent activity.
 

h) Links to Third Party Sites
Please understand that when you access another web site through a GXi owned site such as but not limited to gxioutdoorpower.com, GXi accepts no responsibility for your experience with the site. Links to other sites are provided for convenience only. Please make your own decisions regarding your interactions or communications with any other website.

i)  Accuracy and Content
GXi is working hard to ensure that the information provided on the GXi site or in any GXi catalog or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, GXi does not guarantee the accuracy or completeness of the information provided on this site or in any GXi catalog or advertisement. GXi reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Product pricing, shipping, and handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.

GXi does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any GXi catalog or advertisement, including any advice or other similar information obtained by you from us through this Website or in any GXi catalog or advertisement. GXi makes no representation that the content provided in this Website or in any GXi catalog or advertisement is applicable or appropriate for use in locations outside the United States.

No Warranties; Limitation of Liability for Website, GXi catalog or any type of GXi advertisement

In no event shall GXi, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website, GXi catalog or any type of GXi advertisement or any content on this Website, GXi catalog or any type of GXi advertisement, even if GXi or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website, GXi catalog or any type of GXi advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, GXi catalog or any type of GXi advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then GXi’s total liability to you shall in no event exceed one hundred United States dollars (US$100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No Warranties; Limitation of Liability for Merchandise

All merchandise listed in this Website, GXi catalog or any type of GXi advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. GXi disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.

GXi disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. GXi’s liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.

j)  Personal 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.

k) Privacy
Please click here to visit our Privacy Policy page.