Policies

Terms and Conditions

These terms of sale cover your purchase of any and all products offered on www.ToolHawker.com.  Please read these carefully.  By placing an order with www.ToolHawker.com you acknowledge that you’ve read and accept our terms and conditions.  

Products:  Prices may change and products may be discontinued at any time for any reason we or a manufacturer deems necessary.  All prices are to be paid excluding shipping and handling charges.

Orders:  Verification of information may be required prior to the acceptance of any order.   You will receive an order confirmation when the order is received from us.  The only instance you will receive additional communication from us is if there is a problem with your order.  Otherwise, consider it accepted.

Payment:  Payment can be made with Visa, MasterCard, American Express and Discover credit cards. Your credit card will be charged when your order is placed. We also accept Paypal and payment by business check or money order.  These would need to be mailed to our corporate offices and orders will ship after payment is received.  Please make payable to ToolHawker.com and mail to:  Lee Group Marketing LLC, 3227 NW Luray Terrace, Portland, OR  97210.

Delivery:  Most orders will be shipped within 48 business hours of time of order receipt or sooner.  If orders can not be ships that quickly we will personally contact you and alert you to the delay.  Orders will be shipped via UPS Ground.  Upgraded shipping will result in an additional shipping charge.  Orders will be shipped Monday through Friday.  www.ToolHawker.com can not be responsible for delay in shipping.  Weather delays and other causes out of our control may effect ship time.  www.ToolHawker.com does not guarantee delivery dates. Shipping dates given by the Company prior to shipment are estimated only, and www.ToolHawker.com shall not be liable for failure to meet such dates for any reason, including delays in or failure of delivery by a manufacturer resulting from product shortages or other manufacturing delays or causes beyond www.ToolHawker.com's reasonable control. Causes beyond the www.ToolHawker.com's reasonable control include the following, whether in www.ToolHawker.com's own facilities or in any other facility affecting its supply, production, transportation, or delivery: fire, windstorm, earthquake, or other natural disaster; strikes, lockouts, or other work stoppages; wars, riots, or civil commotion; priorities or other Government allocations or controls; interference or restraint of public authority (whether lawful or not); explosion or accident; epidemic or quarantine restrictions; failure of thewww.ToolHawker.com's suppliers to deliver; shortage of raw material or labor; or any other cause, whether or not of the same kind as those here specified, which www.ToolHawker.com cannot provide against by the exercise of reasonable diligence. In the event of any delay from such causes, shipping and/or delivery dates shall be extended to a period equal to the time lost by reason of the delay. In the event of a product shortage, www.ToolHawker.com shall have the right to allocate its available products among its customers on such a basis as it may determine at its sole discretion in the exercise of its business judgment

Ship Times:  In general all orders are shipped within 2 days of receiving the order or faster.  Most orders will be shipped the same day an order is placed if received prior to 2:00 EST. If you need an order to go out same day, it's not a bad idea to give us a call to insure your item(s) is/are in stock. 

Standard UPS delivers to 90% of the USA in 1 or 2 days and 100% of the USA in 3 days.

International Shipments:  We currently do not ship outside of the United States but we will ship to a freight forwarder.  All third parties much inspect merchandise when they receive it.  We will not be responsible for any damage that is done to merchandise once it has been reshipped by any third party.  ToolHawker.com is only responsible for shipping via our shipper.
 
Shipping & Handling (S&H) Charges:  Shipping and handling charges are based on weight of items(s) ordered.  2nd Day Air and Next Day Air shipping are also accepted.  To guarantee that your order can be shipped via air the same day as your order is placed, it must be received by 2:00 EST.  If you would like to call to confirm we have all the product you need or if we can ship same day feel free to give us a call.

We ship UPS ground orders over $525 and truck freight orders over $1200 free freight within the 48 continental US.  

Oversize/Overweight items are subject to a $19.95 freight charge per UPS Oversize/Overweight item policies.

Because of fluctuating freight shipping costs, please contact us for a shipping quote on truck orders less than $1200.

We are able to ship via Truck and UPS only.  We are not able to ship via FedEx.  

Warranties: The parties hereto expressly agree that the Purchaser's sole and exclusive remedy against the ToolHawker.com shall be for the repair or replacement of a defective product under the terms of the manufacturer's warranty for each of the products sold. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Toolhawker.com is willing and able to negotiate in good faith with the manufacturer on behalf of the Purchaser for either repair or replacement of defective goods. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOT EXPRESSLY SET FORTH HEREIN. ToolHawker.com’s liability, whether under theories of breach of contract or warranty, negligence, or strict liability, shall be limited to repairing or replacing parts found by Toolhawker.com to be defective or, at our option, to refund the purchase price of such product. In no event shall ToolHawker.com be liable for incidental or consequential damages arising out of or in connection with a product or services sold. Consequential damages shall include, but not be limited to, loss of use, income, or profit, and losses sustained as a result of injury (including death) to any person or loss of or damage to property. Material Safety Data Sheets may be obtained upon written request.  

Return & Restocking Policy: Very few customers return products to us, however, we provide a 100% satisfaction guarantee on your purchase from www.ToolHawker.com. If, for any reason, we do not meet your expectations, we will gladly refund your purchase, less shipping charges*. The returns procedure is as follows:

  1. Contact us for return instructions (customerservice@ToolHawker.com) indicating the reason for the return.
  2. All items must be returned, undamaged*, within 30 days of invoice date. We are not able to reimburse you for return shipping charges*.  All items must be in their original boxes in sellable condition.  We can not issue a credit or refund on items that have been used or altered, if any parts are missing, or if the packaging is incomplete or ruined.
  3. Return merchandise to us with a copy of your invoice, shipping charges prepaid and we will exchange your item or provide a full refund or credit of your purchase price. 

Order Cancellations:  Any order can be cancelled up until the time it has shipped with no penalties and receive a full refund.  Once the box is transferred to UPS or other shipper they order may not be cancelled.  Note:  If an item is noted as a special order item, the order can not be cancelled after we have ordered the product from the factory.  If you wish to cancel such an order there will be a 20% restocking fee. 

Mistaken and Damaged Shipments.

Damaged Items:  Items damaged during shipment: Please Contact Us if you receive damaged items and we will gladly replace the item or provide a full refund for the product damaged.  DO NOT REFUSE your shipment from UPS.  Always receive the box and inspect, then call us.

Errors in Shipping:  At www.ToolHawker.com we have a shipping accuracy of 99.8%.  We are human and sometimes make mistakes.  If this happens, simply Contact Us, and will ship the correct order immediately.  We ask that you return the items sent in error and let us know what the shipping cost was to you.  You will then be credited for that amount back on your credit card.

International Shipments:  If we have shipped your order to a freight forwarded, all third parties much inspect merchandise when they receive it.  We will not be responsible for any damage that is done to merchandise once it has been reshipped by any third party.  www.ToolHawker.com is only responsible for shipping via our shipper.

Indemnification: The Purchaser will indemnify, defend, and hold ToolHawker.com harmless from and against all claims, demands, causes of action (including third-party claims, demands, and causes of action, whether directly or for contribution or indemnification), losses, damages, expenses (including attorney's fees), and liabilities of every kind and nature (each a "Claim") asserted by any person that arises out of or results from any one or more of the following with respect to products sold to Purchaser by ToolHawker.com: (a) any breach by Purchaser of these Standard Terms and Conditions, including without limitation, any use of the Products not permitted by these Standard Terms and Conditions; (b) any negligent act or omission by Purchaser; (c) any use of any Product that is not in accordance with the manufacturer's specifications or instructions for such Product; (d) any breach by any manufacturer of any of its representations, warranties, or covenants; (e) without limiting the preceding, any defective product, whether such defect is one of design or manufacture; (f) any recall of any product, regardless of who initiates the product recall; and (g) any negligent act or omission by a manufacturer. Purchaser's duty to indemnify ToolHawker.com will apply whether the Claim arises under theories of tort, contract, warranty, strict liability, product liability, statute, or otherwise. To the extent that ToolHawker.com incurs any loss for death, personal injury, or loss of property to unrelated third parties, whether during any warranty period or after its expiration, in connection with any products or services, Purchaser will indemnify, defend, and hold ToolHawker.com harmless from and against such loss, notwithstanding the expiration of the warranty period, the amount of insurance to be carried by the manufacturer, or any other limitation. This indemnity applies except to the extent that the Claim arises out of the sole negligence or willful misconduct of ToolHawker.com.  

Understanding our "Order Status":  "New" means that we have received your order.  "In Progress" means that we are processing your order.  "Backordered" indicates that your item is on order with Philips but we have not received it yet to be able to ship out to you.  "Complete" indicates that we have shipped your order out to you.

Small Order Policy:  A $5 charge will be added to all orders under $35.00.

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