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Sales Policy

General terms covering parts, returns, service, storage, rentals, machine sales, website listings, pricing, and manufacturer programs.

These are Garton Tractor’s general policies. Signed repair orders, estimates, rental agreements, sales contracts, finance documents, invoices, and other written transaction documents may contain additional terms and will control if they conflict with this page.

Limited warranty and limitation of liability

Parts and accessories

This is a limited warranty. The manufacturers and Garton Tractor, Inc. jointly warrant each new part or accessory to be free from defects in materials and workmanship under normal use and service for a period of three (3) months from the date of retail sale (six (6) months for New Holland parts) or for the remainder of the original equipment warranty, whichever is greater. The only exception to this warranty is for batteries, in which case the Battery Adjustment Policy below applies.

Parts purchased by reseller accounts: no returns or refunds

Parts purchased under a verified reseller account are final sale and non-returnable, except in cases of manufacturer defects covered by applicable warranties. By completing a parts purchase, the reseller acknowledges and agrees that these parts cannot be returned, refunded, or exchanged. This policy applies to any part labeled or invoiced under a reseller account designation.

Battery adjustment policy

Please ask your parts department for the current replacement policy for the specific battery manufacturer.

Warranty fulfillment

This warranty shall be fulfilled by Garton Tractor, Inc. replacing the part at the dealership, free of charge, including labor required to install a replacement part (excluding transportation costs), only if the labor was performed initially by Garton Tractor, Inc. This warranty also applies to parts and accessories sold over the counter for installation by the buyer or buyer’s agent. There is no other expressed warranty applicable to parts, accessories, or batteries.

Additional parts order policy

All special-order parts will be charged to the customer upon arrival at Garton Tractor, Inc. Customers will be notified promptly when their ordered parts have arrived and are available for pickup.

Customers must pick up ordered parts within ninety (90) days from the date of notification. Failure to pick up the parts within this period will result in the parts being returned to the vendor or absorbed into general inventory at the sole discretion of Garton Tractor, Inc. If this occurs, no credit or refund will be issued to the customer.

By placing a special order for parts, customers expressly agree to this policy. It is the customer’s responsibility to maintain accurate and current contact information with Garton Tractor, Inc. to ensure prompt notification upon parts arrival.

Limitation of liability

TO THE EXTENT ALLOWED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS APPLICABLE TO THIS PRODUCT IS LIMITED TO THE STATED DURATION OF THIS WRITTEN WARRANTY. NEITHER THE MANUFACTURER NOR GARTON TRACTOR, INC. SHALL BE LIABLE FOR LOSS OF USE OF THE PRODUCT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR CONSEQUENTIAL DAMAGES.

Parts return policy

Non-returnable items

Special-order and electrical component parts are non-returnable.

Restocking fee

All other parts returned after 15 days are subject to a 20% restocking fee.

Condition of returned items

Products that have been opened, repackaged, visibly used, or are dirty are generally ineligible for return. Returns of such items may be permitted solely at the discretion of the local manager, provided that the item remains in its original condition and packaging.

Service, storage, and repair lien policy

When a customer authorizes Garton Tractor, Inc. to diagnose, repair, service, store, transport, or otherwise take possession of equipment, the customer remains responsible for all approved charges, including labor, parts, outside-vendor charges, freight, environmental fees, diagnostic charges, pickup and delivery charges, storage charges, and related costs.

Completed repairs are due and payable upon notice of completion unless other written terms are approved by Garton Tractor. Equipment may be held until all amounts due are paid in full. If equipment is not picked up or paid for after notice of completion, storage charges may begin accruing at the rate stated on the repair order, invoice, estimate, posted signage, or other written notice.

To the fullest extent permitted by California law, Garton Tractor may assert and enforce any available repair, storage, garageman’s, mechanic’s, or possessory lien rights on equipment left in its possession, including the right to pursue collection, court action, lien sale, or other lawful remedies. The customer is responsible for reasonable collection costs, lien-processing costs, title or search fees, notice costs, storage charges, attorney fees where allowed by contract or law, and any other amounts permitted by applicable law.

Customers are responsible for providing accurate ownership, lienholder, finance-company, and contact information. If equipment is subject to a lender, lessor, legal owner, security interest, or other lienholder, the customer must disclose that information before repairs are authorized. Garton Tractor may require proof of ownership, lienholder authorization, payment assurance, or other documentation before beginning or releasing work.

This policy does not waive any non-waivable customer rights under California law. Signed repair orders, estimates, rental agreements, sales contracts, finance documents, and other written agreements may contain additional terms and will control if they conflict with this general policy.

Rental policies

The signed rental agreement contains the terms for a specific rental and controls if it conflicts with this general policy.

Return of equipment

LESSEE agrees, at the expiration of the term hereof or sooner termination of this lease, to return, transportation costs prepaid, all of the equipment to LESSOR at the place of business of LESSOR above stated in the same operating condition, order, repair, and appearance as when received (ordinary wear and tear excepted) and free of all liens and encumbrances.

Loss or damage

LESSEE agrees to pay LESSOR for all loss and damage to the equipment arising from any cause whatsoever that may occur during the life of this lease. It is agreed by the parties that the value stated in the lease is accepted as the true value and shall be used in case of arbitration or adjustment. No rentals previously paid or due shall apply to payment of such loss. In any adjustment for loss or damage, LESSEE shall be credited with the amount of any insurance payment received by LESSOR if an insurance recovery is effected. In addition to liability for loss or damage otherwise provided for, LESSEE shall be liable for all loss and damage to the equipment caused by strikes, riot, or civil commotion arising from any cause whatsoever.

Inspection

LESSEE shall, whenever requested, advise LESSOR of the exact location of the equipment. LESSOR or its representatives may, for purposes of inspection, at all reasonable times enter any job, building, or place where the equipment is located and may remove the equipment without notice to LESSEE if, in LESSOR’s opinion, the equipment is being used beyond its capacity, improperly cared for, or abused, or in the event of termination or breach of the lease.

Warranty

LESSEE acknowledges that each item of equipment is of a size, design, and capacity selected by LESSEE and is suitable for LESSEE’s intended purposes. LESSOR’s sole and exclusive warranty is that the equipment covered by the lease will be delivered free from defects in material and workmanship when used under proper and normal conditions. If a failure to conform to this warranty appears during the term of the lease, and the defect is not attributable to LESSEE, LESSOR will repair or replace the equipment at LESSOR’s option. This warranty does not apply to damage or defects caused by ordinary wear and tear and is exclusive and in lieu of all other written, oral, express, or implied warranties, including any warranty of merchantability or fitness for purpose.

The remedies under this warranty are exclusive, and LESSOR neither assumes nor authorizes anyone else to assume any other obligation. The sole and exclusive warranty constitutes LESSEE’s sole remedy and LESSOR’s sole liability under any legal theory, including warranty, tort, fraud, or contract. It does not include reimbursement for labor, transportation, installation, removal from the line, or any other expense incurred by LESSEE. LESSOR shall not be liable for any penalty or for special, liquidated, indirect, or consequential damages, including lost profits or revenues, time lost, or other damage or injury suffered while equipment is inoperable, and no deduction shall be made from rental payments. LESSEE’s receipt and acceptance of the equipment acknowledges that it is in good, safe, and serviceable condition and fit for use unless LESSEE makes a claim to the contrary within three (3) days after receipt.

Supplies, maintenance, and repairs

LESSEE is responsible for and shall bear the expense of all fuel, lubrication, and maintenance for each item of equipment. LESSOR undertakes no obligation for repairs or replacement of parts, attachments, accessories, or equipment except under the written warranty in the lease. LESSEE shall, at its expense throughout the term, maintain each item in good operating order, repair, and appearance and shall lubricate and perform preventive maintenance at regular intervals as suggested in the manufacturer’s service manual, receipt of which is acknowledged upon delivery. LESSEE agrees to maintain the equipment in the same condition as when delivered, ordinary wear and tear excepted, and to have maintenance and repairs performed only by qualified persons satisfactory to LESSOR.

Operation

LESSEE agrees that the equipment shall be used solely in the conduct of LESSEE’s business, within LESSEE’s possession and control, by LESSEE or its employees, and for the purposes for which it was intended. The equipment shall be operated only by competent employees and shall not be used beyond its normal capacity. When not in use, the equipment will be kept in a protected area.

Liability and insurance

LESSEE shall be liable for all expenses, personal injury, property damage, and claims arising from its possession, operation, or transportation of the equipment and shall hold LESSOR and its assigns harmless. LESSEE agrees to protect LESSOR with full liability insurance covering loss, injury, death, or damage caused by or connected with the equipment, issued in an amount and by an insurance company satisfactory to LESSOR, and protecting LESSOR against public liability of every kind. Such insurance shall contain an agreement by the insurance company not to cancel coverage until at least ten (10) days’ notice to LESSOR and its assigns. LESSEE shall promptly provide LESSOR evidence of insurance.

Insurance

LESSEE shall keep the equipment insured against all risks of loss or damage by fire and other risks covered by supplemental or extended coverage for not less than the market value of the equipment. LESSEE shall carry public liability and property-damage insurance covering the equipment in amounts of not less than $500,000 for bodily injury or death to any one person, $500,000 for any one accident, and $500,000 for property damage. All such insurance shall insure both LESSOR and LESSEE. LESSEE may effect such coverage under blanket policies.

Policies shall be written by companies presently insuring LESSEE or other companies reasonably acceptable to LESSOR, and certificates showing coverage shall be furnished upon request. Each insurer shall agree, by endorsement on the certificate or by independent instrument furnished to LESSOR, to give LESSOR thirty (30) days’ written notice before the policy is altered or canceled and that proceeds shall be paid jointly to LESSOR and LESSEE as their interests may appear. At LESSOR’s option, insurance proceeds shall be applied toward replacement, restoration, or repair of the equipment or toward payment of LESSEE’s obligations under the lease.

Subleasing

LESSEE shall have no right to sublease the equipment or remove it from the state specified in the contract without LESSOR’s written consent.

Title

Title to the equipment shall at all times remain with LESSOR unless transferred to LESSEE through sale. LESSEE shall immediately notify LESSOR of any attempted levy or if the equipment becomes subject to seizure and shall indemnify LESSOR against loss and damage caused by such action.

Default

If LESSEE fails to make a rental payment when due, attempts to sell or encumber an interest in the equipment, ceases doing business as a going concern, becomes subject to bankruptcy or insolvency proceedings, makes an assignment for the benefit of creditors, fails to comply with another provision of the lease, or if attachment, execution, writ, or other process is levied against the equipment or LESSEE’s property, or if for any reason LESSOR deems itself unsafe, LESSOR may immediately and without notice declare the entire balance of rental payments due and payable together with collection expenses, including reasonable attorney fees. If any such event occurs, LESSEE agrees to surrender possession of the equipment on demand, and LESSOR may enter LESSEE’s premises to the fullest extent allowed by law and take possession.

Taxes

LESSEE shall pay all taxes payable by any party, other than federal or state income taxes of LESSOR, on or relating to the leased equipment and its purchase, sale, rental, use, or operation. LESSEE shall reimburse LESSOR on demand, as additional rent, for such costs and taxes paid by LESSOR. It is the intent of the agreement that LESSOR receive the rent as a net return on the equipment.

Compliance with laws

LESSEE agrees to comply with all municipal, state, and federal laws relating to operation of the equipment and to pay all costs and expenses occasioned by or involving its use or operation.

Assignment

  1. LESSEE agrees that LESSOR may assign the lease, all of LESSOR’s right, title, and interest in the equipment, and all rent due or to become due. LESSEE waives notice of and agrees to recognize such assignment. LESSEE’s obligation to pay rent to an assignee shall not be subject to diminution, setoff, counterclaim, or recoupment arising from a breach or liability of LESSOR.
  2. LESSEE shall not assign the lease, any rights under it, or any interest in the equipment.

General

Time is of the essence. LESSOR’s failure at any time to require strict performance of a lease provision shall not waive or diminish its right thereafter to demand strict compliance with that or any other provision. Waiver of one default does not waive another. The remedies provided in favor of LESSOR are available to its successors and assigns, are cumulative rather than exclusive, and are in addition to all other remedies available at law or in equity.

Wholegoods and machine sales policy

This section was last updated October 13, 2025.

Scope

This section applies to purchases of equipment (“wholegoods,” including machines and dealer-installed options sold with a machine) from Garton Tractor, Inc. (“Garton Tractor,” “we,” or “us”). It does not change or limit the parts and accessories, parts return, or rental policies on this page.

No cooling-off period, except where required by law

Except where a right to cancel is expressly required by applicable law, such as certain off-premises home-solicitation sales, there is no cooling-off period for machine purchases made at our stores, on our websites, or by phone or email. Once we accept your order or you sign a sales document, your purchase is firm.

All sales final: no returns

All machine sales are final. We do not accept returns or exchanges of wholegoods after acceptance or delivery. Any exception must be in a written agreement signed by an authorized Garton Tractor officer and may include inspection, usage, transport, repair, and administrative charges.

Cancellations and deposits

Orders may not be canceled after acceptance. Special orders, factory builds, custom configurations, and units with dealer-installed options are non-cancelable and non-refundable once ordered. Deposits on such orders are non-refundable unless otherwise required by law or expressly agreed in writing.

Delivery, risk, and title

Delivery dates are estimates. You agree to accept delivery when the unit is ready. Risk of loss passes at delivery, or as otherwise stated in your sales documents. Title and other terms are governed by your signed sales documents and any finance or lease agreements.

Payment, reversals, and chargebacks

Payment is due as stated on your invoice or finance documents. If a transaction is reversed, disputed, or charged back in whole or in part, you remain responsible for the full purchase price and associated amounts. In addition to pursuing all lawful remedies, Garton Tractor may cancel open orders, suspend deliveries, withhold titles or documents, close your customer accounts, and decline future business with you and any related accounts or entities. Nothing in this policy limits any non-waivable rights you may have under applicable law or with your card issuer.

Refusal of service and account closure

We may refuse or discontinue doing business and close customer accounts for legitimate business reasons, including payment abuse, fraud risk, or repeated disputes, consistent with applicable law, including anti-discrimination laws.

Warranties

Machines may be covered by the manufacturer’s warranty only. Garton Tractor disclaims all other warranties to the fullest extent permitted by law. For California customers purchasing for personal, family, or household use, rights under the Song-Beverly Consumer Warranty Act and other non-waivable consumer protections, if applicable, are not limited by this policy. Warranty service is subject to manufacturer terms.

Conflicts and governing terms

If this section conflicts with a signed sales contract, retail installment contract, lease, rental agreement, or finance document, the signed document controls. This policy is governed by the laws of the state where the sale occurs.

Questions

For questions about this policy or a specific order, contact your local Garton Tractor store or use the email shown on your invoice.

Website listings, pricing, and programs

Website listings and images

Website content is provided for shopping and comparison. Images may be representative and may show optional equipment. The actual unit, model year, condition, color, hours, attachments, and included equipment may differ. The exact stock unit and included equipment should be confirmed before relying on a listing.

Specifications and data accuracy

Manufacturer specifications and model information can change by model year, serial number, configuration, options, and region. Website information may contain typographical, transmission, synchronization, or data-entry errors. Garton Tractor will verify current machine details and correct known errors before completing a transaction.

Pricing and program disclaimer

Manufacturer programs, incentives, rebates, finance rates, payment estimates, availability, and specifications are subject to change without notice. All financing is subject to lender approval, program availability, and final documentation at the time of sale.

Prices advertised are for the base unit only and do not include attachments, couplers, buckets, freight, and taxes. Unless a listing expressly says otherwise, an advertised price also excludes applicable title or registration, documentation, setup, delivery, insurance, and optional equipment. While we endeavor to ensure pricing accuracy, discrepancies may occur. In the event of a pricing error, the price at the physical Garton Tractor location will prevail as the final and binding price. Offers are valid only within our dealer-assigned market areas. Specifications, availability, and prices are subject to change without notice.

Trades, rentals, and attachment fitment

Trade values depend on inspection and final appraisal. Rental rates, availability, transport, deposits, insurance, and terms are confirmed in the written rental agreement.

Attachment fitment varies by machine, model year, serial number, coupler, hydraulics, and configuration. Garton Parts must verify fitment before an attachment or part is ordered. Product photos and factory specifications do not establish fitment for a specific machine.

Final written terms

Review the final quote, purchase or rental agreement, and related paperwork before signing. Signed transaction documents control if they conflict with this general website policy.

For clarification about a policy or a specific transaction, contact the Garton Tractor store shown on your quote, invoice, repair order, or rental agreement.