Terms of Service
Table of Contents
1. Acceptance of Terms
By accessing or using the Excavator Mini Rubber website (excavatorminirubber.com), placing an order, or purchasing any product, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you must not use our website or purchase our products.
These Terms apply to all visitors, users, and purchasers of Excavator Mini Rubber products, including construction companies, equipment operators, dealers, and individual consumers.
2. Products & Suitability
Excavator Mini Rubber sells aftermarket rubber tracks, undercarriage components, and related accessories ("Products") designed for use with mini excavators and compact construction equipment.
Compatibility Responsibility
It is the buyer's responsibility to verify that any product ordered is compatible with their specific equipment make, model, and year before purchasing. We provide sizing guides, specification charts, and customer support to assist with selection, but Excavator Mini Rubber makes no guarantee of fit or compatibility unless explicitly confirmed in writing by our technical staff.
Before ordering, we strongly recommend:
- Consulting our Track Sizing Guide to accurately measure your existing tracks
- Verifying the track pitch, width, and link count against your equipment specifications
- Contacting us at +1 (628) 277-8547 if you are unsure about compatibility
Product Descriptions
We make every effort to accurately represent our products, including descriptions, images, specifications, and dimensions. However, slight variations may occur between product images and actual items due to photography conditions. Product specifications (width, length, pitch, weight) are accurate to the best of our knowledge based on manufacturer specifications.
3. Professional Installation Required
By purchasing products from Excavator Mini Rubber, you acknowledge and agree that:
- Rubber track replacement requires specialized equipment (track press, hydraulic tools)
- Proper track tension must be set per the equipment manufacturer's specifications after installation
- You are solely responsible for ensuring installation is performed correctly by qualified personnel
- Warranty claims resulting from improper installation will not be honored
4. Ordering & Payment
When you place an order through our website, you represent that:
- You are at least 18 years of age
- You are authorized to use the payment method provided
- The information you provide is accurate and complete
- You have the legal authority to enter into this agreement
Order Confirmation
Receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right to cancel any order at our discretion, including (but not limited to) cases of pricing errors, suspected fraud, product unavailability, or failure of payment authorization. If we cancel your order, you will receive a full refund.
Payment
All prices are in US Dollars (USD). Payment is due at the time of order placement. We accept major credit cards, debit cards, and other payment methods as displayed at checkout. All payment transactions are processed through secure, PCI-compliant third-party payment processors. We do not store your full payment card information.
5. Pricing & Availability
Prices for our Products are subject to change without notice. We reserve the right to modify or discontinue products at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any product or price.
- All prices listed are final sale prices in USD and include any applicable discounts
- Sales tax is not collected on orders shipped within the continental United States (buyers may have use tax obligations in their state)
- Promotional pricing, discount codes, and sale events are valid only during the stated promotional period
- We reserve the right to refuse service to anyone for any reason at any time
6. Shipping
Shipping terms, carriers, estimated delivery times, and excluded territories are detailed in our Shipping Policy, which is incorporated into these Terms by reference. Key highlights:
- Free shipping on all continental USA orders
- Shipping via UPS Ground, FedEx Ground, or LTL Freight depending on order size
- Estimated delivery: 5–10 business days from order placement
- We do not ship to Alaska, Hawaii, Puerto Rico, or internationally
- Risk of loss passes to the buyer upon delivery to the carrier
7. Returns & Refunds
Our Returns & Refund Policy is incorporated into these Terms by reference. Returns are accepted within 30 days of delivery for unused, uninstalled items in original packaging. Installed tracks cannot be returned. See our full Return Policy for complete details, including defective item procedures and freight return instructions.
8. Warranty
Our Products are covered by a 90-day limited warranty against manufacturer defects. This warranty is in addition to any rights you may have under applicable consumer protection laws. The warranty covers defects in materials and workmanship under normal use and conditions. It does not cover:
- Damage caused by improper installation or incorrect track tension
- Use of tracks beyond the rated weight capacity of the equipment
- Exposure to chemicals, solvents, or petroleum products beyond normal equipment operation
- Damage from rocks, debris, or other environmental hazards
- Normal wear and tear from regular operation
- Cosmetic damage not affecting product function
To make a warranty claim, contact us within the warranty period at info@excavatorminirubber.com with your order number, photos of the defect, and a description of the issue.
9. Intellectual Property
The Excavator Mini Rubber website, including all content (text, images, product descriptions, logos, graphics, video content, and software), is the proprietary property of Excavator Mini Rubber or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent, except for your personal, non-commercial use.
Equipment brand names, model numbers, and manufacturer references used on our site are for compatibility reference purposes only. Excavator Mini Rubber is not affiliated with, endorsed by, or sponsored by any equipment manufacturer referenced on this site.
10. Prohibited Uses
You agree not to use our website or services:
- In any way that violates applicable federal, state, local, or international law or regulation
- To transmit any unsolicited or unauthorized advertising or promotional material
- To impersonate or attempt to impersonate Excavator Mini Rubber, an employee, another user, or any other person
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
- To introduce viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- To attempt to gain unauthorized access to any portion of the website or its related systems
- To use automated tools (bots, scrapers) to harvest product information without prior written consent
11. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN OUR LIMITED WARRANTY, THE WEBSITE AND ALL PRODUCTS, INFORMATION, AND SERVICES PROVIDED BY EXCAVATOR MINI RUBBER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCAVATOR MINI RUBBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects will be corrected.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXCAVATOR MINI RUBBER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your use of or inability to use the website or products
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from our website
- Any bugs, viruses, or the like that may be transmitted to or through our website by any third party
- Equipment damage resulting from the use of our products
- Personal injury or property damage of any nature whatsoever, resulting from the use or installation of our products
IN NO EVENT SHALL EXCAVATOR MINI RUBBER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Excavator Mini Rubber, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website or products, including, but not limited to, any use of the website's content other than as expressly authorized in these Terms.
14. Governing Law & Dispute Resolution
These Terms and any dispute or claim arising out of or related to them, their subject matter or their formation shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in San Mateo County, California, and you consent to the personal jurisdiction of those courts.
Before initiating any legal action, you agree to first contact us to attempt to resolve any dispute informally at info@excavatorminirubber.com or +1 (628) 277-8547.
15. Changes to These Terms
We reserve the right to modify these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. Material changes will be communicated via a notice on our website. Your continued use of the website after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
16. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Email: info@excavatorminirubber.com
- Phone: +1 (628) 277-8547
- Address: Excavator Mini Rubber, 455 Arbor Pl UNIT A2, Antioch, TN 37013