Terms of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS, RATHER THAN CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.

NOTE: These Terms of Sale apply to direct purchases made from Hone Manufacturing Co., by phone, the internet or the Hone Manufacturing Co., direct store or its affiliates or subsidiaries.

This Terms of Sale Agreement (this “Agreement”) constitutes a binding legal contract between you (“Buyer”) and Hone Manufacturing Co., including its affiliates and subsidiaries, (“Hone Mfg.”), the owner and operator of the hone-o-drive.com website and its internet domain derivatives and its affiliate’s and subsidiary’s websites (the “Site”). By ordering any product or service via the Site, Buyer accepts and is bound to the terms of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. This Agreement is intended to supplement the Site Terms of Use License Agreement. Click here to view our Terms of Use License Agreement. Hone Mfg. takes the issue of privacy on the Internet very seriously. To view the Site’s Privacy Policy, click here.

Orders; Taxes; Title; Risk of Loss:
Buyer may place an order on the Site at any time (subject to any planned or unplanned periodic downtime with or without notice). ALL SALES AND ORDERS ARE FINAL SUBJECT TO THIS AGREEMENT. Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. If items purchased from the Site are subject to sales tax, Hone Mfg. will make the Buyer aware of the tax amount due at the point or time of purchase. Title to products passes from Hone Mfg. to Buyer upon shipment to Buyer. Loss or damage that occurs during shipping by a carrier selected by Hone Mfg. is Hone Mfg.’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Buyer is Buyer’s responsibility. Buyer must notify Hone Mfg. within 21 days of the date of invoice or acknowledgement if Buyer believes any part of Buyer’s purchase is missing, wrong or damaged and Hone Mfg. will attempt to remedy the issue subject to this Agreement and the Lifetime Limited Warranty. Click here to view the Lifetime Limited Warranty. Unless Buyer provides Hone Mfg. with a valid and correct tax exemption certificate applicable to Buyer’s purchase of Product and the Product ship to location, Buyer is responsible for sales and other taxes associated with the order. Shipping and delivery dates are estimates only.

Product Lead Time; Made to Order; all orders are final:
ALL PRODUCTS ARE “MADE TO ORDER” AND AS SUCH HAVE VARYING AND SUBSTANTIALLY LONG PRODUCTION LEAD TIME. ORDERED PRODUCTS AND THEIR RESPECTIVE PRODUCTION LEAD TIME DOES NOT BEGIN UNTIL HONE MFG. HAS RECEIVED “PAYMENT IN FULL” AS DEFINED IN THIS AGREEMENT. TYPICAL LEAD TIME ON ORDERED HONE-O-DRIVE™ OVERDRIVE TRANSMISSION AND HONE-O-DRIVE™ MANUAL SHIFTER PRODUCTS IS TWELVE (12) TO EIGHTEEN (18) WEEKS BEGINNING WHEN HONE MFG. HAS RECEIVED “PAYMENT IN FULL” AS DEFINED IN THIS AGREEMENT. TYPICAL LEAD TIME ON ORDERED HONE-O-DRIVE™ OVERDRIVE ELECTRONIC SHIFT ACTUATOR PRODUCTS IS FOUR (4) TO EIGHT (8) WEEKS BEGINNING WHEN HONE MFG. HAS RECEIVED “PAYMENT IN FULL” AS DEFINED IN THIS AGREEMENT. ADDITIONALLY, DUE TO SUPPLY CHAIN LEAD TIMES, DELIVERY TIMES OR SHIPPING DATES MAY BE EXTENDED OR REDUCED. ALL ORDERS ARE FINAL, NO EXCEPTIONS. IF BUYER DOES NOT INTEND TO COMPLETE THE PURCHASE OF THE PRODUCT, INCLUDING THE APPLICABLE LEAD TIME FOR PRODUCT TO BE MANUFACTURED AND DELIVERED, DO NOT ORDER THE PRODUCT. ALL ORDERS ARE FINAL, NO EXCEPTIONS.

Product Description; No Refunds or Exchanges; No Returns; Obligation for Payment in Full:
Hone Mfg. attempts to describe the items offered on the Site as accurately as possible; however, Hone Mfg. does not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. ALL SALES AND ORDERS MADE THROUGH THE SITE ARE FINAL, NO EXCEPTIONS. No refunds or exchanges for items purchased through this Site will be made subject to this Agreement and the Lifetime Limited Warranty. ALL PRODUCTS ARE “MADE TO ORDER” AND AS SUCH HAVE VARYING AND SUBSTANTIALLY LONG PRODUCTION LEAD TIME AS DEFINED IN THIS AGREEMENT. ALL ORDERS AND SALES ARE FINAL,NO EXCEPTIONS, NO RETURNS ALLOWED SUBJECT TO THIS AGREEMENT AND THE LIFETIME LIMITED WARRANTY. By Buyer placing an order for any product on the Site Buyer agrees the order and the sale are final and Buyer is contractually obligated for payment in full subject to any financing arrangements if any and Buyer further agrees to all terms and conditions of this Agreement and the Lifetime Limited Warranty.

Display:
Hone Mfg. has made every effort to display and/or describe the items featured on this Site as accurately as possible. Please note, however, that the colors, images and text fonts used, as well as the display quality, color capabilities and resolution of Buyer’s particular computer monitor, will greatly affect the colors and other details actually seen on the screen. The Site cannot be responsible for the limitations of Buyer’s monitor’s display of any color or other detail.

Payments and Disputed Payments:
ALL PRODUCTS ARE “MADE TO ORDER” AND AS SUCH HAVE VARYING AND SUBSTANTIALLY LONG PRODUCTION LEAD TIME. ORDERED PRODUCTS AND THEIR RESPECTIVE PRODUCTION LEAD TIME DOES NOT BEGIN UNTIL HONE MFG. HAS RECEIVED “PAYMENT IN FULL” AS DEFINED IN THIS AGREEMENT. TYPICAL LEAD TIME ON ORDERED PRODUCTS IS TWELVE (12) TO EIGHTEEN (18) WEEKS BEGINNING WHEN HONE MFG. HAS RECEIVED “PAYMENT IN FULL” AS DEFINED IN THIS AGREEMENT. ADDITIONALLY, DUE TO SUPPLY CHAIN LEAD TIMES DELIVERY TIMES OR SHIPPING DATES MAY BE EXTENDED. ALL ORDERS ARE FINAL, NO EXCEPTIONS. Hone Mfg. accepts certain payment methods such as; MasterCard® or VISA® credit or debit cards, eCheck payments, PayPal™ payments, BillMeLater® a PayPal™ service, certain payment plans, and other payment methods, as indicated at time of checkout or otherwise for orders submitted through the Site. Buyer will bear all costs associated with a disputed credit card charge or other payment method which results in action from Hone Mfg.’s merchant account provider, otherwise known as “chargebacks”. NO ORDERS ARE CONSIDERED PAID UNTIL HONE MFG. HAS RECEIVED “PAYMENT IN FULL” FOR ALL CHARGES/COSTS PERTAINING TO BUYER’S ORDER AND BUYER’S FUNDS HAVE CLEARED HONE MFG.’S PRIMARY BANK ACCOUNT. NO PRODUCTS ORDERED BY BUYER WILL BE SHIPPED TO BUYER UNTIL HONE MFG. HAS RECEIVED “PAYMENT IN FULL” FROM BUYER FOR THOSE ORDERED PRODUCTS AS DEFINED IN THIS AGREEMENT.

Pricing; Shipping; Pricing Errors; Other Errors:
Prices offered on the Site are quoted in U.S. Dollars. Such prices do not include shipping and handling, expedited service, or sales taxes, if applicable, which will be added to Buyer’s total invoice price. Buyer is responsible for any shipping and handling charges and state and local sales or use taxes that may apply to Buyer’s order. If the amount Buyer pays for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to Buyer, then Hone Mfg. reserves the right, at Hone Mfg.’s sole discretion, to cancel Buyer’s order and refund to Buyer the amount that Buyer paid. This policy will apply regardless of how the error occurred.

Safe Shopping & Security:
Please click here to view the Privacy Policy which describes Hone Mfg. security procedures and other procedures. Under the Fair Credit Billing Act, Buyer’s bank cannot hold you liable for more than $50 of fraudulent charges on Buyer’s credit card. Buyer should check with its bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of Buyer’s credit card, Buyer may have to notify Buyer’s bank or credit card provider or otherwise fulfill certain conditions of Buyer’s agreement with them.

Changed or Discontinued Product:
Hone Mfg.’s policy is one of ongoing update and revision. Hone Mfg. may revise and discontinue Product at any time without notice to Buyer and this may affect information saved in Buyer’s online “cart.” Hone Mfg. will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.

Order Status:
Once Buyer places an order, Hone Mfg. will send Buyer a personalized email within one business day and provide Buyer with an order confirmation number. When Buyer’s order is shipped, Hone Mfg. will send Buyer a shipment confirmation email with the shipping carrier tracking number, if available. If a carrier tracking number is available, Buyer can click on the carrier tracking number to view the detailed delivery status of Buyer’s order. By placing an order with Hone Mfg., Buyer is consenting to receive email from Hone Mfg. regarding Buyer’s order. Buyer can always contact Hone Mfg. at 562-295-6276 or by using our contact us form if Buyer has any questions concerning Buyer’s order.

Telephone Communications:
Telephone communications with Hone Mfg., including calls with any of Hone Mfg.’s agents or independent contractors, are routinely monitored and/or recorded. Buyer expressly consents, on behalf of Buyer and other users of Buyer’s phone number, to being monitored or recorded. By providing Hone Mfg. with a mobile phone number as your contact number, Buyer expressly authorizes Hone Mfg. to contact Buyer regarding Buyer’s account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.

Disclaimer of Warranties:
THE LIFETIME LIMITED WARRANTIES APPLICABLE TO HONE MFG.-BRANDED PRODUCT CAN BE FOUND AT www.hone-o-drive.com/warranty OR IN THE DOCUMENTATION HONE MFG. PROVIDES WITH HONE MFG.-BRANDED PRODUCT. HONE MFG. MAKES NO OTHER WARRANTIES FOR HONE MFG.-BRANDED PRODUCT, AND MAKES NO WARRANTIES WHATSOEVER FOR SERVICE, MAINTENANCE OR SUPPORT OR FOR NON-HONE MFG.-BRANDED PRODUCT. SUCH PRODUCT, SERVICE, MAINTENANCE OR SUPPORT, IF PROVIDED, IS PROVIDED BY HONE MFG. “AS IS” AND ANY THIRD-PARTY WARRANTIES, PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY HONE MFG. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. HONE MFG. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN HONE MFG.’S APPLICABLE HONE MFG.-BRANDED WARRANTY IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. HONE MFG.-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND HONE MFG. IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL HONE MFG. RECEIVES PAYMENT IN FULL. HONE MFG. MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF HONE MFG. DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.

Not For Resale or Export:
Buyer agrees to comply with all applicable laws and regulations of the various states and of the United States. Buyer agrees and represents that Buyer is buying for Buyer’s own internal use only, and not for resale or export. Hone Mfg. has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are made via a contract or affiliate basis and must be agreed to by Hone Mfg. and the other party. Contact Hone Mfg. if you are interested in an affiliate or contract relationship. Product is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses.

Waiver and Limitation of Liability:
HONE MFG. HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND BUYER HEREBY ACKNOWLEDGES THE UNDERSTANDING, THAT HONE MFG. WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE. Follow all instructions and heed all warnings accompanying any products associated with the Site. All tools used for construction or installation of products must be used carefully and with applicable safety and operating procedures. BUYER AGREES NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR ENTITY OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST HONE MFG. ARISING OUT OF BUYER’S PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE. Buyer agrees that any litigation, dispute, causes of action, other legal proceeding, or judgment shall only be rendered in a court of competent jurisdiction as defined in this Agreement and Buyer further agrees and consents to the choice of law as defined in this Agreement. Buyer agrees and consents that any judgment or damages, including but not limited to punitive damages, legal fees, court costs, and interest charges, rendered in favor of Buyer shall never exceed and shall be limited to fifty percent (50%) of the cost Buyer paid to Hone Mfg. for the purchase of Buyer’s disputed product from this Site excluding shipping and handling costs and such judgment or damages shall be paid to Buyer only after Buyer has returned the disputed product to Hone Mfg. and Hone Mfg. has received the disputed product from Buyer.

Indemnification:
BUYER AGREES TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS HONE MFG. FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO BUYER’S USE OF ANY ITEMS PURCHASED VIA THE SITE.

Governing Law and Venue:
This Agreement, the entire relationship between Buyer and Hone Mfg., and any litigation, dispute, cause of action, or other legal proceeding between Buyer and Hone Mfg. (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to its choice of law rules and must be filed in the United States District Court for the Western District of Oklahoma or the Oklahoma State court located in Oklahoma City, Oklahoma within one year of the time in which the events giving rise to the claim began, or Buyer agrees to waive such claim. Buyer hereby agrees and consents to such venue and to the jurisdiction of such courts and to extraterritorial service of process and the choice of law. Buyer further agrees any such litigation, disputes, causes of action, or other legal proceeding will be on an individual basis and not in a class or consolidated or representative action.

Last updated: 02/17/2014


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