Terms of Service

3.1 Diagnostic Fees

An initial diagnostic inspection may be required to assess equipment condition and provide an accurate estimate. Diagnostic fees, if applicable, will be communicated before inspection and are non-refundable, even if you decline the proposed repairs.

Important: If we recommend specific work or repairs to be done and you explicitly deny or decline that work, we are strictly not liable for any subsequent damage to the machine, or any injury/damage to yourself or others that occurs as a result of your denial of our recommended service.

3.2 Nature of Estimates

Our estimates are based on our initial assessment of your equipment. The final cost may vary from the estimate if:

• Additional problems are discovered during repair
• Parts pricing changes occur
• Additional labor is required beyond initial assessment
• Customer-requested modifications or additions are made

We will make reasonable efforts to notify you of any cost increases exceeding 10% of the original estimate before proceeding with additional work.

3.3 Estimate Validity

Estimates are valid for 30 days from the date of issuance. After 30 days, we reserve the right to revise estimates due to parts price changes or other factors.

3.4 Authorization to Proceed

By signing our estimate or providing written/verbal authorization, you authorize us to perform the work described. Your signature or authorization constitutes your agreement to:

• The proposed scope of work
• The estimated costs
• These Terms of Service
• Our payment terms
• Our warranty limitations

3.5 Additional Repairs

If we discover additional problems during service, we will:

1. Attempt to contact you for authorization before proceeding
2. If unable to reach you within 48 hours, we may proceed with minor repairs (under $100) necessary to complete the original scope of work
3. Stop work on major additional issues until we receive your authorization

We are not liable for delays caused by waiting for authorization on additional repairs.

4.1 Deposit Requirements

To commence work, we require an upfront deposit based on the following:

• Jobs under $500: 25% deposit
• Jobs $500-$2,000: 50% deposit
• Jobs over $2,000: Subject to negotiation, minimum 50%

This deposit secures your booking, covers initial material costs, and is non-refundable once work has commenced, except as required by law.

4.2 Payment Due Date

The remaining balance is due upon completion of work. Unless otherwise agreed in writing, full payment must be received before equipment is released to the customer. We accept cash, check, and major credit cards.

Strict Policy: We do not offer discounts for cash payments. We are legally required to collect sales tax on all applicable transactions, and we will not waive or "deduct" tax for cash payments under any circumstances.

4.3 Payment Due Within 15 Days

For customers with approved credit terms, invoices are due within 15 days of the invoice date. Payment is considered late after 15 days unless alternative arrangements have been made in writing.

4.4 Late Payment Fees

Late payments will incur a service charge of 3% per month (36% annual percentage rate) or the maximum rate permitted by New York law, whichever is less, calculated on the outstanding balance.

4.5 Collections and Legal Fees

If payment is not received within 60 days of the invoice date, we reserve the right to:

• Suspend all services
• Pursue collection through third-party agencies
• Initiate legal action to recover amounts owed
• Exercise our rights under New York State Lien Law

You agree to pay all costs of collection, including reasonable attorney fees, court costs, and collection agency fees.

4.6 Retention of Title

All parts, materials, and labor provided remain the property of Hudson Valley Small Engine Works until full payment is received. We retain a possessory lien on all equipment in our possession until all charges are paid in full.

5.1 Accurate Information

You agree to provide:

• Accurate description of equipment problems
• Complete equipment history, including previous repairs
• Disclosure of any known defects or safety issues
• Valid contact information

5.2 Equipment Condition

You are responsible for ensuring that equipment delivered to us is:

• Safe to handle and transport
• Free of hazardous materials (unless disclosed)
• Your legal property or you have authorization to have it serviced

5.3 Equipment Preparation

Unless otherwise arranged, customers should:

• Drain fuel from equipment before drop-off (or pay fuel disposal fee)
• Remove personal items from equipment
• Clean equipment of excessive debris (or pay cleaning fee)

5.4 Authorization

You represent that you have the authority to authorize repairs on the equipment and are responsible for payment.

6.1 Limited Warranty on Parts and Labor

We provide a 30-day limited warranty on all parts and labor, effective from the date of invoice, subject to the following conditions:

6.2 Warranty Claims Process

To make a warranty claim:

1. Contact us within the 30-day warranty period
2. Provide your invoice number and description of the problem
3. Return equipment to our facility for inspection
4. Allow us reasonable time to inspect and remedy the issue

6.3 Warranty Remedy

Our sole obligation under this warranty is to repair or replace defective parts or re-perform defective labor at no charge. We reserve the right to determine the appropriate remedy.

6.4 Used and Customer-Supplied Parts

Used parts, rebuilt parts, and parts supplied by the customer carry no warranty from Hudson Valley Small Engine Works. These parts are installed at customer request and risk.

6.5 Manufacturer Warranties

New parts may be covered by manufacturer warranties. We will assist customers in pursuing manufacturer warranty claims when applicable, but we are not responsible for manufacturer warranty coverage or claim processing.

6.6 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

7.1 Scope of Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUDSON VALLEY SMALL ENGINE WORKS SHALL NOT BE LIABLE FOR ANY:

• Incidental damages
• Indirect damages
• Special damages
• Consequential damages
• Punitive damages
• Loss of use
• Loss of income or profits
• Loss of business opportunity
• Damage to other property
• Personal injury (except as required by law)
• Health damage or physical injury resulting from the use or operation of machines

Specific Health Disclaimer: We are strictly not liable for any health damage, physical injury, or harm caused to you or any third party by the machines or equipment we service. Operation of power equipment carries inherent risks, and you assume full responsibility for safe operation.

7.2 Cap on Liability

Our total liability for any claim arising out of our services, regardless of the form of action (whether in contract, tort, negligence, strict liability, or otherwise), shall not exceed the total amount paid by you for the specific service giving rise to the claim.

7.3 Pre-Existing Conditions

We are not responsible for:

• Pre-existing defects or damage discovered during repair
• Hidden defects not reasonably discoverable during service
• Equipment condition unrelated to our services
• Failures of components not serviced by us

7.4 Third-Party Services

We are not liable for delays, defects, or issues caused by third-party parts suppliers, manufacturers, or other service providers.

8.1 Pickup Timeline

All equipment must be picked up within 15 days of service completion notification. We will notify you by phone, email, or text when your equipment is ready.

8.2 Storage Fees

Equipment not picked up within 15 days of completion notification will be subject to storage fees as follows:

• Days 16-30: No fee (grace period)
• After 30 days: $5.00 per day

Storage fees accrue daily and must be paid in addition to the service invoice before equipment release.

8.3 Abandoned Equipment

Equipment left at our facility for more than 90 days without prior written arrangement will be considered abandoned. We reserve the right to:

• Sell abandoned equipment at public or private sale
• Dispose of or recycle abandoned equipment
• Apply proceeds to unpaid service charges and storage fees
• Pursue all rights available under New York State Lien Law (Article 3, Section 201)

You will receive written notice before we exercise our rights over abandoned equipment, as required by law.

8.4 Equipment Security

While we take reasonable precautions to secure equipment in our possession, we are not liable for theft, damage, or loss due to fire, flood, vandalism, or other events beyond our reasonable control. Customers are encouraged to maintain appropriate insurance on their equipment.

9.1 Service Availability

Pickup and delivery services are offered on a limited basis as scheduling permits. Service areas and fees will be quoted at time of request.

Please note: Pickup and delivery is at an additional cost to the work provided (services and parts). It is not included in the labor or parts pricing unless explicitly stated.

9.2 Access Requirements

For pickup or delivery, you must:

• Provide clear access to equipment location
• Ensure someone is available to grant access if required
• Identify all equipment to be picked up
• Provide any special instructions

9.3 Liability During Transport

We maintain appropriate insurance for equipment in our custody. However, we are not liable for pre-existing damage or defects discovered during transport.

9.4 Transport Damage Risk

Hudson Valley Small Engine Works is not responsible for any damage that may occur to equipment during transport. While damage during pickup and delivery is rare, by opting for our pickup and delivery services, you acknowledge and accept the inherent risks associated with transporting outdoor power equipment. This includes, but is not limited to:

• Cosmetic scratches, dents, or scuffs
• Damage caused by road conditions or vehicle movement
• Damage resulting from improper securing of equipment by customer at pickup location
• Any damage caused by factors beyond our reasonable control

By requesting pickup and delivery services, you agree to assume this risk. If you prefer to eliminate transport risk, you may drop off and pick up your equipment directly at our facility.

9.5 Missed Appointments

If we are unable to complete pickup or delivery due to customer unavailability, access issues, or incorrect information, additional trip charges may apply.

10.1 Parts Sourcing

We will make reasonable efforts to source parts in a timely manner. However, we are not responsible for:

• Manufacturer discontinuation of parts
• Parts supply chain delays or shortages
• Price increases from suppliers
• Delivery delays from parts vendors

10.2 Parts Pricing

Parts prices may increase between the time of estimate and actual purchase. We will notify you of significant price increases when possible.

10.3 Backorder Policy

If parts are backordered:

• We will notify you of expected delays
• You may choose to wait for parts or cancel the repair
• If you cancel due to parts unavailability, diagnostic fees still apply
• We will not be liable for delays caused by parts unavailability

10.4 Customer-Supplied Parts

If you choose to supply your own parts:

• We cannot warranty customer-supplied parts
• We may refuse to install parts we deem unsuitable or unsafe
• Installation labor will still be charged
• We are not liable for failure of customer-supplied parts

12.1 Information Collection

We collect customer information necessary to provide services, including:

• Name, address, phone number, email
• Equipment descriptions and service history
• Payment information

12.2 Information Use

We use customer information to:

• Provide and improve our services
• Communicate about service status
• Process payments
• Send service reminders and promotions (you may opt out)
• Comply with legal obligations

12.3 Information Sharing

We do not sell customer information. We may share information with:

• Payment processors
• Parts suppliers (as necessary)
• Collection agencies (for unpaid debts)
• Law enforcement (when required)

12.4 Photo and Marketing Use

We may photograph equipment in our facility for documentation, training, or marketing purposes (website, social media, promotional materials). If you do not consent to marketing use of photos of your equipment, please notify us in writing.

14.1 Governing Law

These Terms of Service and any disputes arising from or relating to our services shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

14.2 Jurisdiction and Venue

Any legal action or proceeding relating to these Terms or our services shall be brought exclusively in the state or federal courts located in Westchester County, New York. You consent to the jurisdiction of such courts and waive any objection to venue.

14.3 Informal Resolution

Before initiating any legal action, both parties agree to first attempt to resolve disputes through good-faith negotiation. Contact us at [email protected] to initiate dispute resolution.

14.4 Mediation

If informal negotiation fails, both parties agree to attempt mediation before pursuing litigation. Mediation costs will be shared equally unless otherwise agreed.

14.5 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

15.1 Entire Agreement

These Terms of Service, together with any signed estimates, invoices, and service agreements, constitute the entire agreement between you and Hudson Valley Small Engine Works regarding our services and supersede all prior agreements and understandings.

15.2 Modifications

We reserve the right to modify these Terms of Service at any time. Updated terms will be posted on our website with a new effective date. Continued use of our services after modifications constitutes acceptance of the updated terms. For services already in progress, the terms in effect at the time you authorized service will apply.

15.3 No Oral Modifications

No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Hudson Valley Small Engine Works.

15.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.5 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing.

15.6 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to any successor or affiliated entity.

15.7 Notices

All notices required under these Terms should be sent to:

Hudson Valley Small Engine Works

Email: [email protected]

Notices to customers will be sent to the contact information provided in your service agreement.

15.8 Survival

Provisions regarding payment, warranties, limitation of liability, dispute resolution, and any other provisions that by their nature should survive termination shall continue in effect after completion of services.

17.1 Safety Standards

We perform all work in accordance with industry standards and manufacturer specifications. However, we cannot guarantee that repaired equipment will meet every safety standard if pre-existing conditions prevent full compliance.

17.2 Customer Safety Obligations

After service, you are responsible for:

• Operating equipment safely and according to manufacturer instructions
• Performing required maintenance
• Using appropriate safety equipment
• Ensuring operators are properly trained

17.3 Recalls and Safety Notices

We are not responsible for monitoring manufacturer recalls or safety notices. Customers should register their equipment with manufacturers to receive safety updates.