Terms of Service

This website is operated by CASEY MARIE WHITMORE, sole proprietor trading as Exca Machinery. Throughout the site, the terms “we”, “us” and “our” refer to Exca Machinery. Exca Machinery offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing heavy equipment or attachments from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation contractors, excavation businesses, landscapers, browsers, and vendors.

Section 1 - Store Terms & Conditions

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to local environmental and municipal job site regulations).

We reserve the right to refuse service to anyone for any reason at any time.

Section 2 - Equipment Sales, Pricing & Specifications

Prices for our equipment and attachments are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We have made every effort to display as accurately as possible the colors, specifications, and images of our products. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet all specific operational expectations, nor do we make unsupported claims such as "zero downtime."

Section 3 - Freight, Delivery & Returns

We provide free LTL freight and lift-gate service to the lower 48 states. However, you are responsible for inspecting the equipment upon delivery before signing the delivery receipt. Heavy equipment deliveries are subject strictly to the procedures and obligations outlined in our Return and Refund Policy. Failure to follow freight receiving procedures may limit your ability to claim freight damage.

Section 4 - Warranty Limitations

Exca Machinery equipment includes a 3-year parts warranty. This warranty is strictly limited to the supply of replacement parts from our warehouse.

Section 5 - Regulatory Certifications & Permitting

While our equipment features EPA-certified diesel engines where specified, Exca Machinery does not guarantee that any specific machine meets the regulatory, emissions, or safety requirements of your specific municipality, commercial job site, or local governing body. It is the buyer's sole responsibility to verify that the equipment complies with all local regulations prior to purchase and operation.

Section 6 - Section 179 & Tax Disclaimers

Information provided by Exca Machinery regarding potential tax deductions, including Section 179, is for general informational purposes only and does not constitute tax, legal, or accounting advice. Equipment purchases may potentially qualify for deductions subject to applicable IRS requirements and limits. We do not guarantee eligibility, specific deduction amounts, tax savings, or return on investment. You should consult your own tax, legal, and accounting advisors before engaging in any transaction.

Section 7 - Billing and Account Information

We process payments securely online via Shopify Payments. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Section 8 - Limitation of Liability

In no case shall Exca Machinery, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product.

Section 9 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Section 10 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.