Terms and Conditions of Sale

Effective Date: August 6, 2026

These Terms and Conditions of Sale (“Terms”) govern access to echoeqpt.com and purchases from ECHO Eqpt LLC (“ECHO,” “we,” “us,” or “our”) through the website, telephone, email, quote, invoice, or an ECHO sales representative. By using the website, submitting an order, approving a quote, paying an invoice or deposit, or accepting delivery, the customer agrees to these Terms and the policies incorporated below.

1. Seller Information

The seller is ECHO Eqpt LLC, 104 Jackson St, Sumner, Iowa 50674. ECHO may sell products it manufactures and products manufactured or supplied by independent third parties.

2. Eligibility and Authority

A customer must be at least 18 years old and legally able to enter a binding contract. A person placing an order for a company, farm, government entity, partnership, or other organization represents that the person has authority to bind that organization and that the information provided is accurate.

The customer may not use the website or purchase products for unlawful purposes, through fraud, with unauthorized payment information, or in violation of export controls, sanctions, safety laws, or other applicable requirements.

3. Order Process and Acceptance

Submitting an order is an offer to purchase. An automated website receipt, payment authorization, cart confirmation, or invoice transmission only acknowledges receipt and does not necessarily mean ECHO has accepted the order.

ECHO may review product availability, customer identity, payment, tax status, shipping address, freight classification, delivery conditions, machine compatibility, manufacturer requirements, and order details before acceptance. An order is accepted when ECHO sends a written acceptance or order confirmation, submits a binding supplier commitment, begins order-specific production or modification with customer knowledge, or ships the product, whichever occurs first.

ECHO may reject or cancel an order before acceptance for any lawful reason, including suspected fraud, payment failure, product unavailability, pricing or listing error, delivery limitations, export restrictions, or inability to verify material order information. If ECHO cancels an unaccepted paid order, ECHO will refund the amount paid for the canceled portion.

4. Quotes, Estimates, and Order Documents

Quotes and estimates are valid for the period stated in the document. If no period is stated, a quote is generally valid for 15 calendar days, subject to product availability, manufacturer changes, freight, tax, and obvious errors.

The accepted order may include these Terms, the product page, accepted quote, order confirmation, invoice, written warranty, Shipping and Freight Delivery Policy, Returns, Refunds and Cancellations Policy, and any signed agreement. If documents conflict, the following order of priority applies unless expressly stated otherwise:

1. A signed agreement or signed change order specifically addressing the issue.
2. An accepted quote or written order confirmation with product-specific terms.
3. The applicable written warranty for warranty matters.
4. These Terms and the incorporated policies.
5. The general website product description.

Customer purchase-order terms, portal terms, or boilerplate do not modify the agreement unless ECHO expressly accepts the specific different term in a writing signed by an authorized ECHO representative.

5. Product Information, Images, and Specifications

ECHO works to provide accurate descriptions, images, specifications, compatibility information, prices, and availability. Equipment manufacturers may change designs, components, colors, dimensions, weights, model names, or specifications without advance notice. Images may show optional equipment, prototypes, prior versions, customer machines, accessories, or colors not included in the listed price.

Minor changes that do not materially reduce the product intended function or value do not automatically entitle the customer to cancellation. ECHO will seek customer approval before knowingly supplying a materially different product or configuration. The accepted quote or order confirmation controls over general website information.

6. Prices, Errors, and Promotions

Prices are shown in United States dollars unless stated otherwise. Prices may change without notice before order acceptance. Applicable tax, shipping, customs, brokerage, financing, installation, and other disclosed charges are additional unless expressly included.

ECHO may correct typographical, calculation, configuration, freight, or pricing errors before order acceptance. If a material error is discovered after payment but before shipment or production, ECHO will notify the customer and offer the choice to approve the corrected order or cancel the affected unshipped portion for a refund. ECHO will not knowingly substitute a higher price after acceptance except for customer-requested changes or charges permitted by the accepted order terms.

Promotions, discount codes, advertised savings, and special pricing may have separate eligibility, product, date, quantity, geographic, and combination restrictions. Unless stated otherwise, promotions cannot be combined and have no cash value.

7. Payment

Payment is due as stated at checkout, on the quote, order confirmation, invoice, or financing agreement. ECHO may require full payment, a deposit, progress payments, cleared funds, wire transfer, certified funds, or additional verification before ordering materials, beginning work, or releasing a shipment.

The customer authorizes ECHO and its payment providers to charge the approved payment method for the order total and authorized changes. A payment authorization may be placed before final capture. ECHO may pause or cancel an order if payment is declined, reversed, disputed, suspected to be fraudulent, or not received when due.

Past-due commercial balances may accrue the lesser of 1.5% per month or the maximum lawful rate, plus reasonable collection costs, when stated on the invoice or credit agreement and permitted by law. This provision does not apply where prohibited or where different written credit terms control.

8. Sales Tax and Exemption Certificates

ECHO collects sales or use tax when required based on the product, delivery location, customer status, and applicable law. The customer is responsible for taxes, duties, fees, and assessments not collected by ECHO.

A customer claiming exemption must provide a complete, valid, and timely exemption certificate acceptable to ECHO and the applicable taxing authority. ECHO may charge tax until adequate documentation is received. The customer is responsible for the accuracy and lawful use of exemption documentation and will reimburse ECHO for tax, penalty, interest, or cost caused by invalid or misused documentation to the extent permitted by law.

9. Product Availability, Backorders, and Delays

Products may be stocked, manufacturer-direct, configured after purchase, built to order, or backordered. Lead times and delivery dates are good-faith estimates unless expressly guaranteed in a writing signed by ECHO.

If ECHO cannot ship within the promised time, or within the period required by applicable law when no time was promised, ECHO will provide the notice, consent, cancellation, and refund options required by law. ECHO may cancel an unavailable product and refund the affected unshipped amount rather than continue an indefinite backorder.

10. Shipping, Delivery, Inspection, and Risk

Shipping and delivery are governed by the ECHO Shipping and Freight Delivery Policy and any order-specific freight terms. The customer must provide accurate delivery information, disclose residential, farm, limited-access, liftgate, appointment, jobsite, and unloading requirements, and pay applicable freight and accessorial charges.

The customer is responsible for a safe delivery site, authorized receiver, inspection at delivery, damage notation, prompt notice, and suitable unloading equipment and trained personnel unless ECHO expressly agrees otherwise in writing. Title and risk of loss are determined by the accepted order documents, bill of lading or other shipping document, and applicable law.

11. Returns, Refunds, and Cancellations

Returns, refunds, exchanges, deposits, refused shipments, and cancellation requests are governed by the ECHO Returns, Refunds and Cancellations Policy and any product-specific terms. Special-order, manufacturer-order, made-to-order, custom, modified, used, demo, clearance, and final-sale products may be nonreturnable or non-cancelable after commitment or work begins.

12. Customer Information and Fitment Responsibility

ECHO may assist with product selection and compatibility based on information provided by the customer. The customer must provide complete and accurate information, including as applicable:

• Machine manufacturer, model, year, serial number, operating weight, rated operating capacity, lift capacity, and tipping load.
• Mounting interface, coupler type, pin dimensions, carrier class, three-point category, or required adapter.
• Auxiliary hydraulic flow, pressure, high-flow settings, case-drain requirements, coupler size, electrical connector, and control requirements.
• Intended material, terrain, duty cycle, load, attachment use, work environment, and any unusual operating condition.
• Required width, reach, capacity, tire size, tool configuration, options, and transportation limits.

Recommendations are only as reliable as the information supplied. The customer must review the final configuration, product manual, machine manual, load charts, hydraulic requirements, and dimensions before use. ECHO is not responsible for incompatibility caused by inaccurate, incomplete, or withheld customer information, unauthorized machine changes, or operation outside published specifications.

A statement that an attachment can connect to or operate from a machine does not mean the machine can safely lift, carry, power, transport, or use every load or application. Hydraulic compatibility and lifting stability are separate requirements.

13. Installation, Inspection, and Safe Operation

Heavy equipment and attachments can cause serious injury, death, and property damage. The customer is responsible for ensuring that products are installed, inspected, maintained, transported, and operated by trained and authorized persons in accordance with the product manual, machine manual, safety labels, employer procedures, industry standards, and applicable law.

• Inspect the product and all guards, pins, couplers, hoses, fasteners, welds, tires, electrical connections, and safety devices before use.
• Confirm the carrier machine has sufficient capacity, stability, hydraulic flow and pressure, counterweight, braking, and approved mounting interface.
• Use required personal protective equipment and establish an exclusion zone around operating equipment.
• Never exceed rated capacities or use a product to lift people unless the product is specifically designed, rated, and legally approved for that purpose.
• Do not remove guards, bypass safety systems, modify structural components, weld, drill, change hydraulics, or alter controls without written approval from the responsible manufacturer.
• Stop operation immediately if damage, leakage, unusual movement, cracking, instability, malfunction, or an unsafe condition is observed.

ECHO sales assistance, demonstrations, videos, social media content, and website materials are general information and do not replace manuals, formal training, engineering review, site-specific hazard assessment, or applicable regulations.

14. Warranties

ECHO-manufactured products and third-party products may have different warranties. The written warranty displayed on the product page, included with the product, provided by ECHO, or issued by the manufacturer controls. Warranty coverage, term, exclusions, claim procedures, and remedies vary by product.

Any ECHO assistance outside written warranty terms is a voluntary customer-service decision for that particular situation and does not modify the warranty or create a continuing obligation. Oral statements do not change a written warranty unless confirmed in a writing signed by an authorized ECHO representative.

15. Limitation of Liability

To the fullest extent permitted by law, ECHO aggregate liability arising from a product or order will not exceed the amount actually paid to ECHO for the specific product or service giving rise to the claim. The limitations apply regardless of legal theory, including contract, warranty, negligence, strict liability, statute, or otherwise.

These limitations do not apply to fraud, willful misconduct, gross negligence where it cannot be limited, ECHO obligations under an applicable written warranty, or liability for personal injury, death, or other matters that applicable law does not permit the parties to limit. Some jurisdictions do not allow certain exclusions, so portions of this section may not apply to a particular customer.

16. Commercial Customer Indemnity for Misuse

To the extent permitted by law, a customer purchasing primarily for commercial, agricultural, governmental, or professional use will defend and indemnify ECHO from third-party claims, damages, penalties, and reasonable costs caused by the customer’s unauthorized modification, unlawful use, operation outside published limits, failure to train operators, failure to maintain safety devices, or inaccurate machine or application information. This obligation does not apply to the extent a claim was caused by an ECHO defect, breach, negligence, or other responsibility that cannot be shifted by law.

17. Intellectual Property and Website Use

The website design, text, photographs, videos, graphics, logos, manuals, product names, and other content are owned by ECHO or used with permission and are protected by intellectual-property laws. ECHO grants a limited, revocable, nonexclusive right to use the website for legitimate product research and purchasing.

A user may not scrape product data at scale, bypass website security, introduce malicious code, copy content for a competing commercial catalog, misuse trademarks, impersonate another person, interfere with checkout, or use the website in a way that violates law or another party’s rights.

18. Reviews, Photos, and Customer Content

If a customer voluntarily submits a review, testimonial, photograph, video, suggestion, or other content for publication, the customer represents that the content is accurate, lawful, and does not infringe another party’s rights. Unless otherwise agreed, the customer grants ECHO a nonexclusive, worldwide, royalty-free license to use, reproduce, edit for length or format, and display the submitted content for ECHO business and marketing purposes. ECHO will not knowingly publish private account, payment, or sensitive information without authorization.

19. Third-Party Services, Manufacturers, and Financing

The website and order process may involve independent manufacturers, payment processors, freight carriers, financing providers, analytics providers, hosting services, and external links. Those parties may have separate terms and privacy practices. ECHO is not responsible for an independent party’s act or omission except to the extent ECHO is legally responsible or expressly assumed the obligation in writing.

Financing approval, rates, fees, payment schedules, security interests, and lending decisions are controlled by the financing provider agreement. ECHO does not guarantee financing approval or lender performance.

20. Export and International Compliance

International orders require ECHO approval. The customer is responsible for import permits, duties, tariffs, taxes, brokerage, local registration, certification, labeling, and lawful use in the destination country unless a written agreement states otherwise. The customer may not export, re-export, transfer, or use a product in violation of United States sanctions, export controls, or other applicable laws.

21. Privacy and Electronic Communications

ECHO’s collection and use of personal information are described in the ECHO Privacy Policy. The customer consents to receive transaction-related communications electronically, including quotes, invoices, receipts, order updates, delay notices, policies, warranty information, and delivery communications. The customer is responsible for maintaining a current email address and telephone number.

Marketing communications may be declined using the unsubscribe method provided or by contacting ECHO. Transactional and service messages may still be sent when necessary to administer an order or customer relationship.

22. Force Majeure

ECHO is not liable for delay or failure caused by events beyond reasonable control, including severe weather, fire, flood, epidemic, war, terrorism, civil disorder, labor disruption, transportation interruption, carrier shortage, material shortage, supplier failure, utility or internet outage, cyberattack, government action, embargo, tariff change, inspection, or natural disaster. ECHO will use commercially reasonable efforts to communicate material delays and perform when reasonably possible. Customer cancellation and refund rights required by law remain available.

23. Governing Law and Disputes

These Terms and a sale by ECHO are governed by the laws of the State of Iowa, without regard to conflict-of-law principles, except that federal law and any non-waivable law of the customer’s jurisdiction also apply. The United Nations Convention on Contracts for the International Sale of Goods does not apply unless a written international sales agreement expressly adopts it.

Before filing a lawsuit, the parties should attempt in good faith to resolve the dispute by providing written notice describing the issue and requested resolution and allowing at least 30 days for a response, unless emergency relief, a limitations deadline, a chargeback deadline, or non-waivable law requires faster action.

To the extent permitted by law, disputes will be brought in the Iowa state courts serving Bremer County or the applicable federal court in Iowa, and each party consents to that jurisdiction. A consumer may bring an eligible claim in small-claims court or use another forum that applicable law does not permit these Terms to restrict.

24. General Provisions

• Entire agreement. The accepted order documents form the entire agreement concerning the purchase and replace prior discussions concerning the same subject.
• Changes. A change to an accepted order must be approved by ECHO and may affect price, lead time, freight, tax, and cancellation rights.
• Assignment. The customer may not assign an order or these Terms without ECHO’s written consent. ECHO may assign rights and obligations in connection with a merger, sale, financing, supplier arrangement, or business transfer, subject to applicable law.
• No waiver. Failure to enforce a provision once does not waive the right to enforce it later.
• Severability. If a provision is unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions remain effective.
• Headings. Headings are for convenience and do not change the meaning of the Terms.
• Survival. Payment, warranty limitation, liability limitation, intellectual property, dispute, and other provisions that by their nature should survive will remain effective after completion or cancellation of an order.

25. Changes to These Terms

ECHO may update these Terms for future website use and future orders by posting a revised effective date. The version in effect when an order is accepted generally applies to that order unless a later change is required by law or agreed in writing.

Contact Us

Questions about these Terms or a specific order may be directed to:

ECHO Eqpt LLC
104 Jackson St
Sumner, IA 50674
Phone: 319-892-4140
Email: [email protected]
Website: www.echoeqpt.com