Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website operated by Empire AG Solutions (“Empire AG,” “we,” “us,” or “our”) and any purchases of products through it. By accessing the website, placing an order, or using any of our services, you agree to be bound by these Terms. If you do not agree, do not use the site or place an order.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use this website or place an order. By placing an order, you represent that you meet these requirements.

Empire AG sells industrial and agricultural equipment. By purchasing, you represent that any installation, operation, or maintenance of the products will be performed by qualified, licensed professionals appropriate to the product type, or under their supervision, as further described in Section 7.

2. Account Registration

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access. Empire AG is not liable for losses caused by unauthorized account use.

3. Products and Descriptions

We make every effort to display product information, images, specifications, and pricing accurately. However:

• Product descriptions, specifications, and images are provided by our suppliers and manufacturers, and may contain inaccuracies, errors, or omissions.
• Product appearance, finish, and minor specifications may vary from images shown.
• We reserve the right to correct errors in product listings, descriptions, or pricing at any time, including after an order is placed.
• If a pricing error is discovered after an order is placed, we will contact you to confirm the corrected price or cancel and refund the order at our discretion.

4. Orders and Acceptance

All orders placed through the website are offers to purchase, not binding agreements until accepted by Empire AG. We reserve the right to accept, decline, modify, or cancel any order for any reason, including:

• Inaccuracies in pricing, product descriptions, or availability
• Supplier inability to fulfill the order
• Suspected fraud or unauthorized payment
• Shipping restrictions or destination ineligibility
• Quantities that exceed normal commercial use

If an order is canceled, any payment captured will be refunded to the original payment method.

For products that require a freight quote, your initial order submission serves as a quote request. A binding order is formed only after we provide a freight quote, you approve it, and payment is processed.

5. Pricing and Payment

All prices are listed in U.S. dollars and exclude applicable taxes, shipping, freight, and other fees, which are added at checkout or quoted separately.

Payment is processed at the time of order or, for freight-quoted orders, upon your approval of the freight quote. We accept payment methods displayed at checkout. You represent that you are authorized to use the payment method submitted.

Empire AG reserves the right to require additional verification or alternative payment methods for high-value orders or where fraud is suspected.

6. Shipping, Delivery, and Risk of Loss

Shipping is governed by our Shipping Policy, incorporated into these Terms by reference. Risk of loss and title for all purchased products pass to you when the products are delivered to the carrier at our supplier's warehouse. Once products are in the carrier's possession, claims for loss or damage must be made in accordance with our Shipping Policy and the carrier's procedures.

Delivery dates are estimates only and are not guaranteed. Empire AG is not liable for delays caused by carriers, suppliers, weather, supply chain disruptions, or other circumstances outside our reasonable control.

7. Installation Requirements

All equipment sold by Empire AG must be installed by qualified, licensed contractors or trade professionals appropriate to the product type (electrical, plumbing, mechanical, etc.).

You acknowledge and agree that:

• Improper installation may void manufacturer warranties and create safety hazards
• Empire AG is not responsible for installation, commissioning, calibration, or operation of any product sold
• You are solely responsible for ensuring that installation complies with all applicable local, state, and federal codes, permits, and regulations
• Empire AG bears no liability for damage, injury, or loss arising from installation, operation, or use of products

8. Warranty

PRODUCT WARRANTY.All products sold by Empire AG are subject to the manufacturer's warranty, if any. Empire AG itself does not provide an independent warranty on products and makes no warranty beyond what the manufacturer provides.

Manufacturer warranties typically require:

• Proof of purchase (invoice from Empire AG)
• Photographs of the product as received and at the time of failure
• Evidence of professional installation
• Compliance with the manufacturer's installation and operating instructions

If a product fails under warranty, contact Empire AG and we will assist in coordinating a warranty claim with the manufacturer. Resolution timelines and remedies are determined by the manufacturer.

DISCLAIMER OF OTHER WARRANTIES.EXCEPT FOR THE MANUFACTURER'S WARRANTY DESCRIBED ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EMPIRE AG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9. Returns and Refunds

Returns and refunds are governed by our Refund Policy, incorporated into these Terms by reference.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EMPIRE AG, ITS OWNERS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS, INJURY TO PROPERTY OR PERSONS, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PRODUCT PURCHASED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF EMPIRE AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EMPIRE AG'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR PURCHASE OR USE OF ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

This limitation applies to all claims, whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory.

11. Indemnification

You agree to indemnify, defend, and hold harmless Empire AG, its owners, employees, agents, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your improper installation, operation, or use of any product purchased
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third party's rights, including intellectual property or privacy rights
• Any injury, damage, or loss caused by your use, modification, or installation of products purchased

12. Intellectual Property

All content on the Empire AG website, including text, graphics, logos, images, product descriptions, and software, is the property of Empire AG, its suppliers, or its licensors, and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, modify, distribute, or create derivative works from any content on the website without our prior written consent, except that you may save or print copies of pages for your own personal or internal business reference.

13. Prohibited Uses

You agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the website or any system or network connected to it
• Use any automated means (bots, scrapers, etc.) to access or collect data from the website
• Interfere with the operation of the website
• Impersonate any person or misrepresent your affiliation
• Resell or redistribute access to the website or its content

14. Third-Party Links

The website may contain links to third-party websites or services. Empire AG does not control or endorse these third parties and is not responsible for their content, accuracy, or practices.

15. Termination

Empire AG may suspend or terminate your access to the website at any time, with or without cause, and without notice. These Terms survive termination to the extent necessary to enforce them.

16. Changes to These Terms

Empire AG may update these Terms at any time. The current version will be posted on the website with the “Effective Date” updated. Continued use of the website after changes constitutes acceptance of the updated Terms.

17. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them or your purchase of products from Empire AG shall be governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Any legal action or proceeding arising out of or related to these Terms or your use of the website shall be brought exclusively in the state or federal courts located in Tulare County, California, and you consent to the personal jurisdiction of those courts.

18. Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact Empire AG in writing and provide us with a reasonable opportunity (not less than 30 days) to resolve the dispute informally. This provision does not prevent either party from seeking injunctive or other equitable relief in court.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the extent necessary to make it enforceable while preserving its original intent as closely as possible.

20. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Empire AG regarding your use of the website and purchases made through it, and supersede any prior agreements or communications.

21. Contact

For questions regarding these Terms, please contact us at the email listed in our Contact Information policy.