Terms Of Use

These Terms of Website Use and Product Purchase (“Terms”) govern the use of our website (www.foleyengines.com) (the “Website” or “Site”), including the offer and sale of industrial engines, clutches, and parts (collectively, the “Products”) offered by Foley Engines, Inc., a Massachusetts corporation with offices located at 206 Summer Street, Worcester, Massachusetts 01604 (“Foley Engines,” “we,” “us”, or “our”).

These Terms are inclusive of our Privacy Policy (“Privacy Policy”), and any and all other applicable operating rules, policies, procedures, and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, our “Policies”).

Customers (“you”) must accept these Terms in their entirety to (a) create an account on our Website, (b) order and purchase products from our Website, (c) register to receive communications from us, (d) use various contact forms and/or contact information made available on our Website as a means to contact directly, or request to be contacted by us. Further, these Terms apply to all users of our Website, regardless of whether they create an account or purchase products from us, including individuals who are simply browsing our offerings.

PLEASE REVIEW THESE TERMS CAREFULLY. IF YOU NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE OR ORDER OR PURCHASE OUR PRODUCTS IN ANY MANNER OR FORM. BY ACCESSING AND USING OUR WEBSITE OR PLACING AN ORDER FOR PRODUCTS YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE MATERIALS HYPERLINKED AND REFERENCED HEREIN; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO ABIDE BY THESE TERMS, AS WELL AS OUR POLICIES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE OR ORDER OR PURCHASE PRODUCTS FROM US.

A. ABOUT US

Foley Engines provides industrial engines, and parts and has been providing these products for over 100 years. We pride ourselves on our top-tier customer service, support and competitive pricing.

B. USE OF THE WEBSITE

1. Acceptable Use of the Website – You may only use the Website in accordance with the Policies, any terms, license, and documentation provided by us, whether or not such materials are incorporated herein by reference. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Website or purchase products from us, at our sole discretion.
2. Availability of the Website – The Website may be accessible worldwide, but this does not mean all of our Website features or Services are available or legal in your country. We may block access to certain aspects of our Website or Services in certain countries. It is your responsibility to make sure that your use of the Website is legal where you use them. The Website is not available in all languages.
3. Account Creation and Maintenance; Payment for Online Purchases – You can create an account and use the Website, in which case, we will ask you for select information that is needed to provide you with an account, including your name and contact information. We will store this information as stated in our Privacy Policy. You agree to provide accurate and complete information in in connection with your account or which you otherwise provide to Foley Engines— and you agree to keep all such information current. Users who create accounts must use a unique email or username and password that satisfies Foley Engines’ login credential and password requirements. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share the username or password with anyone. You are responsible for safeguarding the username and password and for any use of your account with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to thei password. You further agree not to use the account or log in with the username and password of another user. Purchases of our Products via our Website will be facilitated via our e-commerce platform partners, Stripe [ https://stripe.com/legal/ssa ] , QuickBooks [ https://www.intuit.com/legal/terms/en-global/quickbooks/merchant-payment/ ] and Paypal [ https://www.paypal.com/us/legalhub/paypal/useragreement-full#:~:text=Each%20time%20you%20use%20PayPal,order%20is%20canceled%20or%20delayed). ] , and your payment will be processed subject to such partners terms of service and privacy policies. You acknowledge and agree that we will have no liability to you arising out of or related to processing of your payment by such partners and you should carefully review the terms of service and privacy policies of Stripe at [insert weblink] and Paypal at [insert weblink]. We do not receive your payment information and will not store any payment information in our systems or on our servers. We will not be liable to you or to any third-party for any inability to use the Website due to third party suspension, action, or inaction.
4. Eligibility – The Website is not for use by anyone under the age of 18 and user accounts may not be created by anyone under the age of 18. To use the Website, you agree that: (1) you are at least of the Minimum Age (defined below) or older; (2) you will only have one Foley Engines account, which shall be in your real, legal name; and (3) you are not already restricted by Foley Engines from using the Website. “Minimum Age” means 18 years old; however, if the law requires that you must be older in order for Foley Engines to lawfully provide the Website to you without parental consent (including using of your Personal Information (as defined in our Privacy Policy)), then the Minimum Age is such older age. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
5. Communication – You agree that we may provide notices and messages to you in the following ways: (1) on the Website, or (2) sent to the contact information that you have provided us in connection with your account.
6. Your Obligations – You agree to comply with all applicable laws, rules and regulations and Foley Engines’ Policies and such other documentation which may be provided or made available by Foley Engines as may be amended by Foley Engines, in its sole discretion, from time to time. You are solely responsible for monitoring the Website for updates and changes to such materials.

C. PRODUCTS

1. Generally
The Products we offer on our Website remain, at all times, subject to the terms, conditions and disclaimers contained herein and on our Website.

We take pride in our unique array of Products. Products may be available in limited quantities and. we reserve the right to limit the quantities of the Products that we offer for sale on our Website.. We reserve the right to refuse any order placed by our customers. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per business or per order.

We offer detailed information about our products on our Website. If you have any questions about our Products, please feel free to reach out to us at info@foleyengines.com. We offer our Products for sale online and, although we have attempted to include pictures which are as reflective of our Products as possible, we cannot guarantee that your device’s display of any Product will accurately portray the Product that you will receive. We do not warrant that the quality of any Products purchased or obtained by you from Foley Engines will meet your expectations, or that any errors in the Products will be corrected.

We reserve the right, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We currently only ship Products that are ordered online to the United States.

We may, at our sole discretion, (a) update or change the descriptions of our Products at any time without notice and (b) discontinue any Product at any time. Any offer for any Product made on our Website is void where prohibited.

Engines, engine parts, equipment, equipment parts, and accessories require careful and proper use, installation, inspection, and maintenance for proper performance. We are not responsible and will not be held liable for any harm or damages you may incur as the result of improper, illegal, unsafe, or otherwise incorrect use, installation, inspection, or fitment of any Product you purchase from Foley Engines and/or our Website.

2. Payment

When you purchase Products through our Website, you will be required to submit a valid form of payment to one of our e-commerce platform partners (“Payment Method”) which will be charged the amount listed on the Website for the subject price of the Product(s), as well as shipping and handling and applicable sales tax. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE. Special orders may not be cancelled or returned.

We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. We may also require additional verification or information before accepting any order. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the Website and to cancel your order.

The amounts charged to you will appear on your Payment Method statement through the identifier “Foley Engines” or substantially similar identifying language. Failure to use the Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the other billing provisions with Foley Engines in effect at any given time. Upon reasonable prior notice to you (with Website updates and/or email communication sufficing), we reserve the right to change such billing provisions whenever necessary, in our sole discretion. Continued use of the Website and/or purchase of Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

3. Pricing and Inventory
All prices displayed on the Website are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Prices exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. You are responsible for the payment of any applicable taxes, whether or not they are listed on your order or quote.

We reserve the right to change our Products and pricing without notice. We also reserve the right at any time to modify or discontinue Products without notice at any time.
In the event that the prices for our Products are incorrect due to a typographical error or an error in pricing information received from our suppliers, we may refuse or cancel any orders placed for the Products listed at the incorrect price. We have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not you paid for the subject Products. If you have already paid for the Products and the order is subsequently cancelled, we will promptly issue a credit to your payment method in the amount of the subject charge.
Our Website contains Product inventory information. This information can be used to estimate the likelihood that the applicable Products will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Products that are listed as “in stock” will ship, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Products may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via the email address that you have provided. If for any reason we determine that the Product is no longer available, we will promptly notify you via email to resolve the issue.

4. Return Policy

4.1 General Return Policy

EXCEPT AS SET FORTH BELOW, ALL SALES ARE FINAL AND PRODUCTS MAY NOT BE RETURNED FOR ANY REASON. It is your responsibility to immediately inspect the contents of your shipment upon receipt. Please report any incorrect or missing Products by contacting us via the email address or phone number included at the end of these Terms within forty-eight hours of receipt. Foley Engines is not responsible for damage to Products during the shipment process. All Products are inspected prior to shipment. In the event that you receive a damaged Product, please report the incident to the carrier that delivered the Product.

4.2 Return Policy for Engine & Parts Cores

Foley Engines has been a premier provider of engines and parts for over one hundred years. Key to its business is the return of engine cores and parts cores for certain products which have been purchased from Foley Engines. Engine cores must be returned on the shipping stand provided by Foley Engines at the time of purchase and be in-tact, drained of all fluids, complete, assembled, capable of rotating a full 360 degrees, and without cracks or holes from damage in the block or head. Parts cores must be returned in-tact, complete, assembled and be capable of being rebuilt in the ordinary course without excessive repairs or replacements. All cores must be returned within ninety (30) days of receipt of the purchases product in order to obtain a refund of any part of your core deposit paid at the time of purchase.

In order to initiate the return of an engine core, please contact us via the email address or phone number included at the end of these Terms for a Core Return Form or use the Core Return Form that was provided at the time of purchase. Please include a copy of the completed Core Return Form and the packing slip in the original packaging and identify the original invoice number on the outside of the return carton. Foley Engines reserves the right to refuse to refund returned engine cores that do not include the appropriate paperwork and information or to assess an administrative fee of $100. Foley Engines reserves the right to reject the attempted return of any cores which do not satisfy the criteria set forth herein or which Foley Engines does not deem to be, in its sole discretion, in satisfactory condition.

D. INTELLECTUAL PROPERTY

1. Foley Engines’ Intellectual Property

“Foley Engines Content” includes any text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Website to you.

The Website, and any underlying code and technology, the Foley Engines Content and the Products sold through the Website are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. Foley Engines and its suppliers’ reserve all of their respective intellectual property rights in the Website, and Foley Engines Content and Products. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products. The copying, redistribution or publication by any you or other third party of any part of the Website or products is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Website. The posting of information or material by and through the Website does not constitute a waiver of any right in or to such information and/or materials.

The “Foley Engines” name and logo, and all associated graphics, icons and service names, are trademarks of Foley Engines, Inc. You may not use Foley Engines trademarks or in any manner including in any metatags or any other “hidden text” without Foley Engines’ express written permission. Reference by Foley Engines to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Foley Engines.

Foley Engines reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Products.

2. Unacceptable Use of the Website
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Website: (a) use, display, mirror or frame the Website or any individual element within the Website, Foley Engines’ name, any Foley Engines trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Foley Engines’ express written consent; (b) access or tamper with non-public areas of the Website, Foley Engines’ computer systems, or the technical delivery systems of Foley Engines’ providers; (c) test the vulnerability of any Foley Engines system or breach any security or authentication measures; (d) circumvent any technological measure implemented by Foley Engines or any of Foley Engines’ providers or any other third party (including another user) to protect the Website; (e) access the Website through the use of any mechanism other than through the use of your mobile device or equipment that you are authorized to use; (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any part of the Website; or (g) use the Website in any way that causes, or may damage or impair the availability or accessibility of the Website and or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, or potentially fraudulent or harmful purpose or activity.

You shall not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to the Website without Foley Engines’ prior express written consent. You must not use the Website for any purposes related to marketing any product that is not sold through or by Foley Engines without Foley Engines’ express written consent.

You further agree that you shall (1) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and other regulatory requirements and Foley Engines’ Policies, (2) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Website or information from such locations, (3) override any security feature or bypass or circumvent any access controls or use limits, (4) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website, (6) use the Website for any other purposes other than as expressly set forth herein, (7) monitor the Website availability, performance or functionality for any competitive purpose, and (8) violate any additional terms concerning a the Website.

3. Feedback and Submissions Policy; Testimonials

We love hearing from our customers! If you send us any communications by mail, email, telephone, tagging us in or otherwise communicating with us via social media, or otherwise, including without limitation, any comments, questions, suggestions, or the like (“Feedback”), Foley Engines is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Foley Engines on your behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Foley Engines is free to use and republish, without any attribution or compensation or attribution to any party, any such Feedback, ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Foley Engines is not required to use any Feedback. Notwithstanding the foregoing, Foley Engines is not required to maintain respond to any communications. Additionally, you hereby acknowledge and agree that Feedback and communications are not required to be maintained in confidentiality. Feedback must not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, nor shall it be libelous, unlawful, abusive, obscene, or untruthful.

E. ENFORCEMENT RIGHTS

Other than set forth herein, Foley Engines is not obligated to monitor access or use of the Website, or your account, but we have the right to do so to ensure compliance with these Terms and applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Services and the Website, or your account or information at any time and without notice, and at our sole discretion, if we determine that your use of the Website or your account is objectionable or in violation of these Terms or applicable law. We have the right to investigate violations of these Terms and any conduct that affects the performance or use of the Website or the community of Foley Engines users generally.

E. WARRANTY, DISCLAIMER; LIMITATION OF LIABILITY

1. Limited Warranty

Where applicable, Foley Engines passes through to its customers the warranties of the manufacturers of its Products and may offer its customers the ability to purchase additional or extended warranties in certain circumstances.

Unless otherwise extended as noted above, Foley Engines warrants to the original purchaser that its Products are free from defects in materials and workmanship for a period of thirty (30) days beginning on the date of receipt. This warranty does not apply to any electrical components or defects resulting from, directly or indirectly, misuse, abuse, negligence or accidents, repairs or alterations outside our facilities, criminal activity, damage incurred during shipment or while in transit to customer, improper installation, normal wear and tear, or failure to adequately maintain the Product.

If you believe that your Product is defective and you would like to make a warranty claim, please contact us in writing using the contact information set forth at the end of these Terms. In the event that your warranty claim is covered by a manufacturer’s warranty, we will use commercially reasonable efforts to assist you in resolving any warranty claim issues with the manufacturer. You agree to provide all reasonable assistance in connection with the investigation, processing, and administration of your warranty claim and acknowledge and understand that your failure to do so may preclude you from warranty coverage. Notwithstanding any assistance that we may provide, any actions and resolutions in connection with such manufacturer warranty claims will be resolved solely by the manufacturer, and Foley Engines shall not be liable or responsible for any such resolution unless you have purchased an extended warranty directly from Foley Engines and such extended warranty is applicable to your claim.

2. Disclaimer of Warranties

OTHER THAN ANY MANUFACTURERS’ WARRANTIES, LIMITED WARRANTIES NOTED IN SECTION E1 ABOVE, OR EXTENDED WARRANTIES PURCHASED DIRECTLY FROM FOLEY ENGINES, THE PRODUCTS AND WEBSITE ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOLEY ENGINES, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, AND EXCEPT AS OTHERRWISE SET FORTH HEREIN, FOLEY ENGINES PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS, BE FREE OF HARMFUL COMPONENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE, RELIABLE, OR WORK WITH ANY OTHER PRODUCTS OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. . FOLEY ENGINES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE WEBSITE OR PRODUCTS OR HARM OR DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE USE OF THE PRODUCTS IN STRICT ACCORDANCE WITH THE INSTRUCTIONS AND DOCUMENATION WHICH ACCOMPANY OR ARE MADE AVAILABLE WITH THE PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM FOLEY ENGINES OR OTHERWISE THROUGH OR FROM THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOLEY ENGINES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, SERVICESION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER FOLEY ENGINES WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOLEY ENGINES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE FEES ACTUALLY PAID BY YOU TO FOLEY ENGINES FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE FIRST CLAIM AROSE.

YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FOLEY ENGINES AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT AND LAW) EVEN IF FOLEY ENGINES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

4. Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or arising out of or related to the Products must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

F. INDEMNIFICATION

You shall indemnify, hold harmless, and, at Foley Engines’ option, defend Foley Engines from and against any Losses resulting from any Third-Party Claim based on you, or any authorized user of your account or instance of the Services: (i) your negligence or willful misconduct; or (ii) use of the Services in a manner not authorized or contemplated by these Terms; (iii) use of the Services or ingestion of the products in a manner not provided for by Foley Engines in writing; (iv) modifications to the products and Services not made by Foley Engines, and (v) your breach of these Terms.

G. DISCLAIMER- USE AT YOUR OWN RISK

OUR GOAL IS TO PROVIDE HELPFUL AND ACCURATE INFORMATION ON THE WEBSITE, BUT WE MAKE NO ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY KIND ABOUT THE PRODUCTS, THE WEBSITE, OR THE INFORMATION PROVIDED OR MADE AVAILABLE ON OUR WEBSITE, INCLUDING ANY ADVICE OR INFORMATION WITH REGARD TO THE USE OF ANY PRODUCTS. THE INFORMATION PROVIDED ON OUR WEBSITE IS MADE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES ONLY. ALL INFORMATION ON OUR WEBSITE IS PROVIDED IN GOOD FAITH, HOWEVER WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY OR COMPLETENESS OF ANY INFORMATION ON THE SITE. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE IS SOLELY AT YOUR OWN RISK.

H. VOID WHERE PROHIBITED

Although the Website may be accessible worldwide, Foley Engines only ships Products within the United States. Any offer for any Product made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

I. BREACH OF THESE TERMS

Without prejudice to Foley Engines’ other rights under these Terms, if you breach these Terms or any of the Policies and documents referenced herein, in any way or applicable law, Foley Engines may take such action as it deems appropriate to investigate and resolve the breach, including but not limited to terminating any orders for Products which have been placed but not shipped, suspending or blocking your access to your account and the Website, blocking computers or mobile devices using your IP address from accessing your account and the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you, and terminating your account.

J. TERMINATION

You may terminate your account at any time by following the process in your account on the Website or by contacting Foley Engines at the contact information below. Foley Engines may terminate your account at anytime upon notice to you. On termination, you lose the right to access or use the Website and place orders for, and purchase, Products. The following shall survive termination: (a) our rights to use and disclose your Feedback, (b) Sections A, B, C, D, E, F, G,H,I, J and K any other sections which, by the nature of their contents should reasonably be deemed to survive the termination of these Terms (c) any amounts owed by you to us prior to termination remain owed after termination.

K. MISCELLANOUS PROVISIONS

A. Emails and Communications

As part of your use of the Website, you may receive emails, text messages, or other communications. By creating an account, you agree to the receipt of these communications electronically. In the event that you no longer wish to receive these communications, please follow the process outlined in our Privacy Policy.

B. Third Party Links and Websites

The Website may contain links to third party websites, services and resources (collectively “Third Party Services”) that are not under Foley Engines’ control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Services.

C. Changes to the Website and Our Policies

Foley Engines may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without notice. Accordingly, we encourage you to periodically read these Terms and other Policies to understand your obligations and the terms to which you are bound. Foley Engines is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website.

We may communicate with you about your account, your orders and the Website and changes to these Terms and other policies via email (to the email address that you provide when you create your account), in general communications, or using other contact information that you provided in connection with your account. BY CONTINUING TO USE THE WEBSITE OR YOUR ACCOUNT OR BY PLACING ORDERS FOR PRODUCTS, YOU AGREE THAT YOU WILL ACCEPT SUCH CHANGES IN THE METHOD SET FORTH HEREIN.

To the extent that anything in or associated with the Website, your account or Products is in conflict or inconsistent with these Terms, these Terms shall take precedence.

D. Entire Agreement

These Terms, together with the transactional paperwork issued by Foley Engines (“Order Form”) and any other documents incorporated herein by reference and all related exhibits and documentation attached to and referenced herein, constitutes the sole and entire agreement of the parties with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. Except as otherwise set forth on an Order Form, in the event of any inconsistency between the statements made in these Terms and an Order Form, these Terms shall govern. Further, any purchase order or other ordering document provided by you is deemed to be accepted by Foley Engines solely for billing purposes. These Terms shall supersede any and all terms and conditions attached to a purchase order or other ordering document provided by you, all of which shall be void and of no force or effect. Your submission of a purchase order or other instrument for or regarding the purchase of Product(s) or related Services from Foley Engines, whether or not in response to a Foley Engines quote, shall be deemed an acceptance of and agreement to these Terms to the exclusion of any other terms or conditions contained in and/or referenced by such purchase order or other instrument (except the name and identity of the Product(s) purchased, quantity, bill to and ship to address, and, if accurate, price), which are hereby deemed to be material alterations, and notice of objection to which is hereby given, notwithstanding anything to the contrary contained within such purchase order or other instrument or elsewhere. Any acceptance by us of any purchase order or other instrument is expressly conditioned upon your assent to and acceptance of these Terms to the exclusion of any terms or conditions in your purchase order or other instrument that are in any way inconsistent with these Terms. To avoid delays in processing your purchase order, if your purchase order includes, or makes reference to, any different or additional terms or conditions, please include the following statement prominently on your purchase order:

“Any conflict between the parties’ respective sales/purchase terms and conditions shall be resolved by giving them priority in the following order: (1) the sales quotation(s) (if any) issued by Foley Engines; (2) the following terms of this order: name and identity of the product(s) and/or services purchased, quantity, bill to and ship to address, and, if accurate, price; and (3) Foley Engine’s Terms of Purchase and Order Form. All other terms and conditions included or referenced in this purchase order shall be void and of no force or effect.”

Further, notwithstanding the foregoing, if a purchase order that is accepted by Foley Engines contains or incorporates by reference any different or additional terms or conditions, and to the extent such different or additional terms or conditions are ultimately deemed part of the contract between the parties regarding such purchase order (e.g., by express written agreement of the parties, or by application of legal doctrine), then such contract shall consist of the following documents (notwithstanding any provision in such documents to the contrary): (1) the Foley Engines sales quotation; (2) the following terms of your order: name and identity of the product(s) and/or related services purchased, quantity, bill to and ship to address, and, if accurate, price; (3) these Terms and any Foley Engines’ Order Form; and (4) any other terms and conditions contained in, or incorporated by reference into, purchase order. Any conflict among these documents shall be resolved by giving them priority in the order listed above. Items (2) and (4) are collectively referred to herein as “Customer’s Terms.”

E. Headings and Interpretation

The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

For purposes of these Terms: (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend these Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of these Terms to the same extent as if they were set forth verbatim herein.

4. Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) must be in writing and addressed to the parties at the addresses set forth herein (or to such other address that may be designated by the party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in these Terms, a Notice is effective only: (i) upon receipt by the receiving party, and (ii) if the party giving the Notice has complied with the requirements of this Section.

5. Acts of God

In no event shall Foley Engines be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Foley Engines’ reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

6. Amendment and Modification; Waiver

Except as otherwise set forth in these Terms or the documentation referenced herein, and any documentation referenced in or made available to you in connection with the Services, no amendment to or modification of or rescission, termination, or discharge of these Terms is effective unless it is in a writing that is mutually executed by the parties. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

7. Severability

If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

8. Governing Law; Submission to Jurisdiction

These Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts. Any legal suit, action, or proceeding arising out of these Terms or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the city of Worcester and County of Worcester, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

9. Assignment

You may not assign or transfer any of your rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Foley Engines. Any purported assignment, transfer, or delegation in violation of this Section is null and void. No assignment, transfer, or delegation will relieve the assigning or delegating party of any of its obligations hereunder. These Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

10. No Class Actions

You may only resolve disputes with Foley Engines on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under these Terms.

I. CONTACT US

If you have additional questions about these Terms, please contact us using the contact information provided below. Please refer to our Website for our standard business hours. Communications received outside of our standard business hours will be returned as soon as possible, during standard business hours.

Foley Engines Inc.
206 Summer Street
Worcester, Massachusetts 01604
Email Address: info@foleyengines.com
Phone No.: (508) 753-2979

Effective: 12/30/24