GULCH ENGINEERING, LLC

Terms and Conditions

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Privacy Policy

Customer information is never shared or otherwise disseminated without explicit customer consent.

 

Return Policy

Items purchased through the Gulch Engineering, LLC online store may be returned within 30 days of the date of delivery for any reason and in any condition. Gulch Engineering, LLC will cover return shipping charges. To initiate a return, email info@gulchengineering.com with your order number and a list of items you wish to return. We will provide a prepaid shipping label by email. A refund will be issued upon receipt of the returned item(s).

 

Custom, made-to-order, and contract-manufactured items are not subject to this return policy. Terms for such work are governed by the applicable project agreement or purchase order.

 

Product Warranty

Gulch Engineering, LLC warrants its products against defects in materials and workmanship for a period of one (1) year from the date of delivery. Determination of whether a product is defective is at the sole discretion of Gulch Engineering, LLC. The exclusive remedy under this warranty is replacement of the defective product. Refunds are not provided as a warranty remedy. This warranty does not cover damage resulting from misuse, improper installation, unauthorized modification, or normal wear and tear.

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TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Terms and Conditions for Online Sales

 

1. Introduction

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These Terms and Conditions govern your use of the Gulch Engineering website and your purchases of products through it. By accessing or using our services, you agree to be bound by these terms. Please read them carefully before placing an order.

 

2. User Representations

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By using our services, you represent and warrant that: (1) you have the legal capacity to enter into these terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not use the services for any illegal or unauthorized purpose; and (4) your use of the services will not violate any applicable law or regulation.

 

3. Products

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We make every effort to accurately display the colors, features, specifications, and details of products available on our website. However, we do not guarantee that product descriptions are complete, current, or free of error, and your display may not accurately reflect actual product appearance. All products are subject to availability. We reserve the right to discontinue any product at any time and for any reason. Prices are subject to change.

 

4. Purchases and Payment

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We accept Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and payment information for all orders. Sales tax will be applied as required by applicable law. All payments are in U.S. dollars.

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You authorize us to charge your chosen payment method for the amounts due at the time of purchase. We reserve the right to correct pricing errors even after an order has been placed or payment received. We may, in our sole discretion, refuse, limit, or cancel orders, including orders that appear to be placed by resellers or distributors.

 

5. Intellectual Property

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All content on this website — including text, graphics, logos, photographs, software, and product descriptions — is the proprietary property of Gulch Engineering, LLC or its licensors, and is protected by applicable copyright and trademark law. You are granted a limited, non-commercial license to access and use the website for the purpose of purchasing products. No content may be reproduced, distributed, or commercially exploited without our prior written permission.

 

6. Prohibited Activities

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You may not use this website for any purpose other than browsing and purchasing products. In particular, you agree not to:

• Systematically scrape, harvest, or copy content from the website without written permission.

• Attempt to gain unauthorized access to any part of the website or its underlying systems.

• Use the website to transmit malware, spam, or other harmful code.

• Engage in automated purchasing or use bots, scripts, or similar tools to interact with the website.

• Use the website to compete with Gulch Engineering or for any other commercial purpose not expressly authorized.

• Impersonate any person or entity, or provide false information in connection with a purchase.

 

7. Website Management

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We reserve the right to monitor the website for violations of these terms, take appropriate action against violators, and modify, suspend, or discontinue the website or any portion of it at any time without notice or liability.

 

8. Privacy

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Your use of the website is also governed by our Privacy Policy, which is incorporated into these terms by reference. The website is hosted in the United States. If you access the website from outside the United States, you consent to the transfer and processing of your data in the United States.

 

9. Disclaimer of Warranties

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THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

10. Limitation of Liability

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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GULCH ENGINEERING, LLC, ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM A PURCHASE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT AT ISSUE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS; THOSE LIMITATIONS MAY NOT APPLY TO YOU.

 

11. Indemnification

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You agree to defend, indemnify, and hold harmless Gulch Engineering, LLC and its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (1) your use of the website; (2) your breach of these terms; or (3) your violation of any third-party right.

 

12. Governing Law

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These terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.

 

13. Dispute Resolution

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Informal Negotiations. Before initiating arbitration, the parties agree to attempt to resolve any dispute informally by written notice, for a period of at least thirty (30) days.

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Binding Arbitration. If informal negotiation fails, disputes will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), including the AAA Consumer Rules where applicable. The arbitration will take place in Snohomish County, Washington. The arbitrator shall follow applicable law. Each party bears its own costs unless the AAA Consumer Rules provide otherwise or the arbitrator finds costs to be excessive, in which case we will cover arbitration fees.

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The following disputes are not subject to arbitration: (a) disputes regarding intellectual property rights; (b) claims arising from theft, piracy, or unauthorized access; and (c) claims for injunctive relief.

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Restrictions. All disputes must be brought in the parties' individual capacities. No class actions, class arbitrations, or representative proceedings are permitted.

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Venue. If a dispute proceeds in court rather than arbitration, it shall be brought exclusively in the state or federal courts located in Snohomish County, Washington, and the parties consent to personal jurisdiction in those courts.

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Limitations Period. Any claim must be brought within one (1) year of the date the cause of action arose.

 

14. Modifications

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We reserve the right to modify these terms at any time. Changes will be posted to this page. Continued use of the website after changes are posted constitutes acceptance of the updated terms.

 

15. Miscellaneous

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These terms constitute the entire agreement between you and Gulch Engineering, LLC with respect to the subject matter herein. If any provision is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our right to do so. We may assign our rights and obligations under these terms without restriction. You may not assign your rights without our prior written consent.

 

16. California Residents

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California residents with unresolved complaints may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.

 

17. Contact

Gulch Engineering, LLC

Phone: 425-318-4354

Email: info@gulchengineering.com

gulchengineering.com