These Terms and Conditions (\"Terms\") govern the sale of products by Woodland Power Products, Inc. (\"Woodland Power Products,\" \"Cyclone Rake,\" \"we,\" \"us\"), which operates the Cyclone Rake online store at cyclonerake.com, with offices at 72 Acton Street, West Haven, CT 06516, to the purchaser (\"Customer,\" \"you\"). By placing an order online, by phone, or in person, by accepting delivery of products, or by affirmatively accepting these Terms at checkout, Customer agrees to these Terms. These Terms apply to all direct sales by Woodland Power Products under the Cyclone Rake brand in the United States. Sales by authorized distributors in Canada or other countries are governed by the distributor's own terms and are not governed by these Terms. These Terms apply unless expressly modified in a written agreement signed by an authorized officer of Woodland Power Products, Inc.
\r\nPrices are those in effect at the time of order acceptance and are subject to change without notice. All orders are subject to acceptance by Woodland Power Products, Inc., and we reserve the right to refuse or cancel any order, including for product unavailability, pricing or description errors, suspected fraud, or any unauthorized transaction. Accepted payment methods include cash, check, Visa, Discover, and American Express, plus financing through Bread Pay® as described below. Past-due balances on any approved invoice accrue interest at the lesser of 1% per month or the maximum rate permitted by Connecticut law, and Customer is responsible for reasonable collection costs, including attorneys' fees.\r\n
As a convenience, Woodland Power Products makes available financing through Bread Pay®, a third-party consumer financing provider offered by Bread Financial Holdings, Inc. and its affiliates. Woodland Power Products is not a lender, creditor, broker, assignee, or financing partner; Woodland Power Products merely offers Bread Pay® as an available payment option at checkout. All aspects of any Bread Pay® financing — including credit application, approval, credit decision, rates, terms, promotional offers, billing, statements, required disclosures, customer service, collections, and any dispute — are solely between Customer and Bread Pay®, governed by Customer's separate agreement with Bread Pay®. Woodland Power Products makes no representation or warranty as to Bread Pay® rates, terms, eligibility, approval timing, or the availability of any promotional offer, and receives no portion of any finance charge or interest paid by Customer to Bread Pay®.\r\n
Prices exclude all federal, state, and local taxes (including sales, use, and excise taxes). Customer is responsible for all such taxes unless a valid tax-exemption certificate is on file.\r\n
\r\nWoodland Power Products selects the shipping carrier and service level for each order based on product size, destination, and availability. Depending on the order, Cyclone Rake systems may be shipped by an LTL freight carrier (typically on a single secured pallet, professionally stacked and shrink-wrapped, with liftgate service to the first threshold of Customer's address — typically the garage door) or by a parcel carrier in protective packaging suitable for the product. Parts and accessories are typically shipped by parcel carrier. For freight shipments, no signature is required and Customer does not need to be present unless we expressly notify Customer otherwise; parcel shipments are delivered per the carrier's standard service. Continental U.S. shipping is included on new Cyclone Rake systems; reconditioned systems, parts, and accessories are subject to the shipping rates posted on our Shipping & Returns page. Shipping to Alaska, Hawaii, U.S. territories, and outside the continental U.S. is by quote only and must be arranged in advance by calling (888) 531-7253.\r\n
Title and risk of loss for products shipped by Woodland Power Products pass to Customer upon delivery to the agreed delivery location at Customer's address (for freight) or upon delivery by the parcel carrier (for parts and accessories). Customer-arranged pickup at our West Haven, Connecticut facility transfers title and risk of loss at pickup.\r\n
Customer should inspect the shipment and all packaging at the time of delivery for any visible damage. Visible damage must be reported to Woodland Power Products within 48 hours of delivery by calling (888) 531-7253 or emailing support@woodlandpowerproducts.com, with photos of the shipment, packaging, and damaged items. Concealed damage (damage not visible until the shipment is unpacked) must be reported within 7 days of delivery, with photos. Woodland Power Products will issue a return-merchandise authorization (RMA) and arrange repair, replacement, or refund consistent with these Terms and our published return policy. Delivery dates are estimates only; Woodland Power Products is not liable for delays caused by carriers or other third parties.\r\n
\r\n6-Month Peace of Mind Trial (new Cyclone Rake systems). For new Cyclone Rake systems purchased directly from Woodland Power Products, Customer may return the system for any reason within six (6) months of purchase for a refund of the purchase price, subject to a return processing fee of $299 deducted from the refund. Sales tax paid more than 90 days prior to the return is not refundable because it has been remitted to the taxing authority. The Peace of Mind Trial is available one time, per household or business, to new customers only. Returns require a Woodland Power Products-issued RMA and must use the approved return-box sizes; in-person returns at our West Haven facility are accepted during posted business hours.\r\n
90-Day Peace of Mind Trial (Cyclone Nut Rake). For new Cyclone Nut Rake units, Customer may return the unit for any reason within ninety (90) days of purchase for a refund of the purchase price, subject to a return processing fee of $149, on the same conditions as above.\r\n
Aftermarket parts and accessories. Unused, original-boxed parts and accessories may be returned within six (6) months of delivery for a refund of the purchase price minus a 15% restocking charge and the original shipping cost. RMA required.\r\n
Reconditioned products. Reconditioned Cyclone Rake systems, parts, and accessories may be returned within 30 days of shipment in like-new, unused condition; Customer is responsible for packaging and return shipping. Returns of reconditioned products on the basis of defect are handled at no charge to Customer (return shipping paid by Woodland Power Products) on confirmation of the defect.\r\n
To initiate any return, Customer must contact Customer Support at (888) 531-7253 or support@woodlandpowerproducts.com to obtain an RMA and shipping instructions. Returns sent without an RMA may be refused or delayed.\r\n
\r\nWoodland Power Products warrants that products manufactured by us will be free from defects in materials and workmanship under normal use for the periods set out below. This warranty is the sole warranty extended by Woodland Power Products and runs to the original purchaser only.\r\n
\r\n\r\n| Product / Use | \r\nWarranty period | \r\n
|---|---|
| New Classic, Commander, CRS Commander, Commercial PRO (with XR950-PRO engine) — residential use | \r\n2 years bumper-to-bumper | \r\n
| Same models with the Briggs & Stratton 6.5 HP Vanguard upgrade — residential use | \r\n3 years bumper-to-bumper | \r\n
| New XL, CRS XL, Z-10 — residential use | \r\n3 years bumper-to-bumper | \r\n
| All Cyclone Rake systems — commercial use | \r\n6 months bumper-to-bumper | \r\n
| Reconditioned Cyclone Rake systems — residential use | \r\n2 years bumper-to-bumper | \r\n
| Reconditioned Cyclone Rake systems — commercial use | \r\n3 months bumper-to-bumper | \r\n
| Aftermarket parts and accessories | \r\n60 days from delivery | \r\n
| Cyclone Nut Rake | \r\n1 year from delivery | \r\n
Customer's exclusive remedy under this warranty is, at Woodland Power Products' option, repair, replacement, or refund of the purchase price of the non-conforming product. To make a claim, contact Customer Support at (888) 531-7253 or support@woodlandpowerproducts.com. Woodland Power Products may require photographs, a description of the issue, and return of the affected part.\r\n
Engines installed on Cyclone Rake systems are warranted directly by their manufacturer (Briggs & Stratton for Vanguard and XR950-PRO engines). Engine warranty claims are handled by the engine manufacturer under its warranty terms; Woodland Power Products will assist in routing claims to the manufacturer.\r\n
This warranty does not cover: routine maintenance (which is the owner's responsibility); damage caused by collision, accident, or misuse; normal wear and age-related deterioration; damage from improper assembly, modification, or unauthorized repair; or damage caused by use of non-approved parts or attachments.\r\n
Implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the duration of the express written warranty stated above. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives Customer specific legal rights; Customer may also have other rights, which vary from state to state.\r\n
CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF ANY PRODUCT FOR ITS INTENDED APPLICATION, INCLUDING COMPATIBILITY WITH MEDIA (CHEMICALS, FOOD, PHARMACEUTICAL, ABRASIVES, ETC.), TEMPERATURE, PRESSURE, AND REGULATORY REQUIREMENTS (FDA, USDA, USP, ETC.).\r\n
\r\nTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WOODLAND POWER PRODUCTS (INCLUDING ITS PARENT, AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, COST OF SUBSTITUTE PRODUCTS, OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS, EVEN IF WOODLAND POWER PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\r\n
WOODLAND POWER PRODUCTS' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY PRODUCT OR ORDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THAT PRODUCT OR ORDER. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.\r\n
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, or, for consumer goods, liability for consequential damages for injury to the person to the extent such limitation would be unconscionable under UCC §2-719(3) or other applicable consumer-protection law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to Customer.\r\n
\r\nCustomer agrees to indemnify, defend, and hold harmless Woodland Power Products, Inc., its parent, affiliates, officers, directors, employees, and agents from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's misuse of the products, including use not in accordance with the operator's manual and product safety instructions; (b) Customer's modification of the products or use of non-approved parts or attachments; (c) Customer's combination of products with other equipment; (d) Customer's resale or commercial use of products purchased for residential use; or (e) Customer's breach of these Terms.\r\n
Woodland Power Products will indemnify Customer against direct third-party claims alleging that a product, as supplied and used in accordance with the operator's manual, infringes a U.S. patent, copyright, or trademark, subject to the Limitation of Liability above. This is Customer's sole remedy for any intellectual property claims relating to the products.\r\n
\r\nWoodland Power Products shall not be liable for any failure or delay in performance (other than payment obligations of Customer) due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, severe weather, pandemic or public health emergency, war, terrorism, civil unrest, labor disputes, supplier or carrier failures, raw material shortages, transportation disruptions, government actions, embargoes, or changes in law. If a force majeure event continues for more than 60 days, either party may terminate the affected order without further liability, except for amounts due for products already delivered.\r\n
\r\nThese Terms and any dispute arising out of or relating to these Terms or the products shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws provisions.\r\n
Any dispute arising out of or relating to these Terms or the products that is not resolved through good-faith negotiation shall be finally resolved by binding arbitration administered by the American Arbitration Association (\"AAA\") under its Consumer Arbitration Rules (for disputes brought by individual consumers) or its Commercial Arbitration Rules (for disputes involving commercial Customers), by a single arbitrator, seated in New Haven County, Connecticut, or, at Customer's election for consumer disputes, in or near the county of Customer's residence. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The parties waive any right to litigate such disputes in court and waive any right to a jury trial. To the fullest extent permitted by law, the parties waive any right to participate in a class, collective, consolidated, or representative action. Notwithstanding the foregoing, either party may bring an action in the state or federal courts located in New Haven County, Connecticut, solely to seek injunctive or equitable relief to protect its intellectual property or confidential information, and the parties consent to the exclusive jurisdiction and venue of those courts for that limited purpose.\r\n
Customer's right to opt out of arbitration. Customer may opt out of this Section 9's arbitration and class-waiver provisions by sending written notice to Woodland Power Products, Inc., Attn: Legal, 72 Acton Street, West Haven, CT 06516, within 30 days of first purchase. The notice must include Customer's name, address, order number, and a clear statement that Customer opts out of arbitration. Opting out does not affect any other provision of these Terms.\r\n
\r\nThese Terms, together with the applicable order confirmation, constitute the entire agreement between the parties with respect to the products and supersede all prior agreements. If any provision is held invalid or unenforceable, the remaining provisions remain in effect. No waiver of any provision is effective unless in writing. Customer may not assign these Terms without our prior written consent. Woodland Power Products may update these Terms from time to time by posting the updated version at cyclonerake.com; the version in effect at the time of order acceptance governs that order. For material changes that affect Customer's rights under an existing pending order, Woodland Power Products will provide notice to the email address on file before the change takes effect.\r\n
\r\nWoodland Power Products, Inc. • 72 Acton Street, West Haven, CT 06516 • support@woodlandpowerproducts.com • (888) 531-7253\r\n
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