Terms & Conditions

Updated 04/03/2025

 Contact us for previous versions

1. PURCHASE TERMS

1.1 Binding Agreement

Signed Invoice as Agreement
The signed invoice represents a binding agreement between the customer and Hammerhead Industrial. Alternatively, a Purchase Order (PO) referencing the invoice number will also serve as contractual confirmation, initiating production of the machine.

Acknowledgment of Terms
By signing the invoice or issuing a Purchase Order,, the customer confirms they have read, understood, and agreed to be legally bound by the Terms and Conditions, including any appendices. Failure to read these documents does not absolve the customer of responsibility. The signature also indicates sufficient time was provided to review the terms and seek legal counsel if desired.

1.2 Product Specifications & Compliance

Tonnage Limitation
The tonnage specified on the invoice represents the machine’s maximum rated force. Continuous operation at maximum tonnage is not advised. Tonnage estimations are provided as guidance only; it is the customer’s responsibility to confirm the machine is suitable for their specific application.

Standards Compliance
Hammerhead machine designs are guided by OSHA 1910 regulations for hydraulic and mechanical power presses and are guided by ANSI B.11 standards. If any official compliance or certification is required (e.g., ISO, OSHA, UL, etc), the customer must provide explicit written specifications. These additional standards may necessitate custom machine design, which could extend delivery timelines.

Hammerhead may decline retrofitting existing machines if compliance would divert excessive resources, in which case a custom build may be proposed.

1.3 Customization & Engineering

Customer Requests & Mid-Production Modifications
Hammerhead endeavors to accommodate evolving customer needs, including new requirements discovered after the initial order. However, any such changes may incur additional charges due to increased complexity. Hammerhead reserves the right to reject changes if they:

● Are requested too late in the production process,

● Significantly alter the original scope,

● Are accompanied by unprofessional conduct, or

● Otherwise jeopardize the integrity of the project.

Design and Engineering Fees
Custom engineering services are billed at Hammerhead Industrial’s current hourly rates, regardless of whether a machine is ultimately purchased. Hammerhead may choose to waive or discount these fees if a sale is completed.

1.4 Change Orders & Adjustments

Right to Issue Change Orders
Hammerhead may issue a formal change order to revise project scope, price, or delivery schedule under the following conditions:

● Additional requirements, modifications, or customer specifications arise,

●  Unforeseen circumstances increase the cost of third-party services, raw materials, or certifications (e.g., UL, ISO),

● Trade tariffs, duties, or regulatory costs increase by 10% or more—individually or in aggregate—compared to baseline levels at the time of purchase.

Threshold for Material Change
Any such individual cost increase, or aggregation of these conditions resulting in Hammerhead Industrial’s cost of goods to increase by 10% or more will serve as the threshold for a price adjustment to the original invoice (and PO) through a change order.

Notification & Approval Process
Hammerhead will notify the customer in writing of any proposed change order, including justification, revised pricing, and updated timelines.
The customer must respond with written approval within five (5) business days. Work affected by the change order will be paused until approval is received. Delays in approval may impact the delivery timeline.

Failure to Approve Change Orders
If the customer fails to approve a change order within the specified time, Hammerhead reserves the right to:

● Suspend or cancel production, and

● Retain any deposits already made to offset incurred costs, lost opportunities, and resource allocation.

Force Majeure
Significant unforeseen events—such as supply chain disruptions, regulatory changes, or certification cost spikes—may necessitate a change order. Customers agree to negotiate in good faith under these conditions to reach an equitable solution.

1.5 Pricing & Availability

Quoted Prices
Quotes are valid for 30 days. Prices are subject to change beyond this period. Exceptions to honoring quotes for the full 30 day period may include, but are not limited to; fluctuations in component costs, material prices, or trade tariffs, individually or aggregating to  exceed a 10% cost of goods price increase used to create the original quote. These changes may trigger a formal change order as outlined above.

Non-Binding Estimates
Verbal quotes, expired quotes, and web-listed prices are not contractually binding unless confirmed in a signed invoice or PO.

Availability & Reservations
All machines are sold on a first-come, first-served basis unless explicitly reserved. Hammerhead is not liable for delays if a unit is sold before a company completes internal approvals. A machine can be held for 10 days with a valid PO or signed invoice and confirmed payment. In cases of competing orders, preference is given to the earliest PO.

1.6 Cancellations & Deposits

Post-Production Cancellations
Once production begins, cancellations may be rejected or subject to a restocking fee. This fee covers production interruption, material reallocation, storage, and lost business, and may equal the full amount of the initial deposit.

Non-Refundable Deposits
Deposits become non-refundable once machine production is underway. See Appendix A for full details. While Hammerhead strives to be flexible, it is under no obligation to return deposits after production has started.

1.7 Communication & Contact

Customer Contact Information
The contact details provided in the customer invoice are the primary communication channels. Customers are responsible for notifying Hammerhead of any changes. Failure to do so may result in missed updates or additional fees.

2. PAYMENT TERMS

2.1 Accepted Payment Methods

Primary Methods
Hammerhead Industrial primarily accepts payment via wire transfer and check.

● All checks require a 3-business-day clearance before an order can be finalized.

Alternative Methods
In specific cases, Hammerhead may authorize payments via credit or debit card using PayPal or QuickBooks. A 3% processing fee will apply to all card-based transactions.

2.2 Payment Delinquency

Late Fees
Payments not received within 30 days of the agreed settlement date are subject to a late fee.

Interest Charges
Delinquent balances will accrue 3% monthly interest. Hammerhead reserves the right to enforce or waive this interest at its sole discretion.

2.3 Payment Schedules

In-Stock Presses

● Orders under $50,000 require full payment prior to shipment.

●  Orders over $50,000 may be eligible for net terms, to be discussed at the time of purchase.

●        A press is considered “in-stock” if its lead time is 14 days or less, including used equipment currently listed.

Presses with Extended Lead Time

● Orders requiring more than 14 days for delivery require a 60% deposit.

● The remaining 40% is due:

● Before shipment if arranged by the customer.

●  Or, within 15 days of receipt and inspection if Hammerhead arranges the shipment.

Custom Presses

●        Custom builds require a 75% upfront payment.
The remaining 25% is due:

○        Before shipment if managed by the customer.

○        Or, within 15 days of receipt and inspection when shipping is handled by Hammerhead.

Consumables & Parts
All consumables and replacement parts require 100% upfront payment. These items are not eligible for net terms, and this policy is non-negotiable.

2.4 Financing & Third-Party Agents

Third-Party Financing
Hammerhead facilitates financing through select affiliated lenders, but assumes no responsibility for agreements made between the financier and the customer.

Agent Communication
Hammerhead will coordinate directly with agents or financiers. However, customers are responsible for ensuring that their agent or financing partner is fully informed of the order details to avoid delays or redundant communication.

Purchaser of Record
For administrative clarity, the customer (not the agent or financier) will be listed as the official purchaser of the order.

2.5 Refunds & Corrective Actions

Non-Refundable Deposits
Deposits become non-refundable once machine construction has begun.

Refund Eligibility
Refunds are only granted if the delivered machine fails to meet the contract specifications. See Section 1.2 “Press Compliance” for guidance on Corrective Action Plans.

Corrective Action Window
If Hammerhead is responsible for the discrepancy:

●        Hammerhead is granted 30 days from customer notice to resolve the issue.

●        Resolution may include modifications to the existing machine or production of a replacement unit within 90 days, as per the original agreement.

Failure to Resolve
If Hammerhead fails to resolve the issue within the specified timeframes, the customer will receive a full refund.

2.6 Contract Termination

If a customer:

●        Terminates the contract outside the scope of the refund provisions, or

●        Prevents or delays Hammerhead’s efforts to implement a corrective actions

Then any deposit made will be forfeited and deemed non-refundable.

3. MEDIA RIGHTS AND USAGE

3.1 Grant of License

By signing a purchase agreement or issuing a purchase order, the purchasing party grants Hammerhead Industrial (“Hammerhead”) a limited, non-exclusive license to use the purchasing company’s logo and/or trademark for promotional purposes.

3.2 Scope of Use

Hammerhead may display the purchasing company’s logo and/or trademark in promotional materials intended to highlight the business relationship between the two parties. Such materials may include, but are not limited to:

●        Website content

●        Social media posts

●        Brochures and product literature

●        Videos and photo assets

●        Press releases

●        Trade show materials

●        Advertisements in print or digital publications

3.3 No Implied Endorsement

Use of the logo or trademark does not imply endorsement, joint venture, or partnership beyond the supplier-customer relationship defined in the purchase agreement. It also does not suggest any broader affiliation or formal business alliance.

3.4 Quality Control

Although the purchasing company will not have direct approval rights over each usage, Hammerhead commits to the accurate and respectful representation of the purchasing company’s branding. Hammerhead will make reasonable efforts to:

●        Align promotional use with the purchasing company’s brand standards,

●        Preserve the professional reputation of both parties, and

●        Notify the purchasing company in advance of any usage that could reasonably be viewed as sensitive, controversial, or significantly off-brand.

3.5 Use Limitations

Hammerhead will not use the purchasing company’s logo and/or trademark in any:

●        Derogatory or defamatory context,

●        Misleading or deceptive materials, or

●        Way that damages the purchasing company’s reputation or violates applicable branding guidelines.

3.6 Duration and Termination

This limited license remains in effect for the duration of the business relationship between Hammerhead and the purchasing company.

●        The purchasing company may revoke the license at any time by providing written notice to Hammerhead.

●        Upon revocation, Hammerhead will cease use of the logo and/or trademark in new promotional materials.

●        Any materials already disseminated may remain in circulation.

3.7 Acknowledgment of Terms

By agreeing to these Terms and Conditions, the purchasing party acknowledges and consents to the use of its logo and/or trademark by Hammerhead, in accordance with the terms outlined above.

4. LEAD TIMES

4.1 Communication of Lead Time Changes

Any updates to lead times, project timelines, delivery dates, or estimated times of arrival (ETAs) will be promptly communicated to the customer via email to ensure that all relevant parties have a written record.

●        If changes are initially discussed over the phone, they will be immediately followed up with an email for formal documentation.

4.2 Factors Affecting Lead Time Estimates

Lead time estimates are provided based on a variety of operational and logistical considerations, which may include:

●        Current production workload

●        Availability of parts or materials

●        Historical build timelines for similar machines

●        Third-party certification or compliance processing times

●        Estimated shipping or delivery durations

All quoted timelines are best estimates and should not be considered guarantees.

4.3 Process for Managing Delays

In the event of a potential or actual delay, Hammerhead Industrial will take the following steps:

Notify the customer via email as soon as a delay is identified.

Provide details on:

○        The cause of the delay

○        The updated estimated timeline, to the best of our knowledge

If applicable, propose mitigation strategies to minimize the impact of the delay. These may include:

○        Expediting other phases of the project

○        Identifying alternative solutions or sourcing options

Provide regular updates via email until the issue is resolved and the project is back on schedule.

4.4 Customer Responsibility for Delay Impacts

While Hammerhead makes every effort to meet provided timelines, the following apply:

●        Hammerhead is not responsible for any delays that cause downstream complications in the customer’s manufacturing or operational processes.

●        The customer bears full responsibility—financial and otherwise—for any losses, penalties, or disruptions that may arise from shipment or delivery occurring after the estimated date.

●        All delivery dates are approximate and provided in good faith.

4.5 Third-Party Delays & Force Majeure

In some cases, Hammerhead must rely on third-party entities to fulfill certification, compliance, or customer-requested modifications. While Hammerhead provides good-faith estimates for these services:

●        Hammerhead cannot guarantee performance or timelines impacted by third-party delays, including:

○        Certification bodies (e.g., UL, ISO, ETL)

○        Regulatory agencies

○        External subcontractors or logistics providers

●        Hammerhead is not liable for penalties, damages, or added costs caused by such delays.

Force majeure events—including but not limited to supply chain disruptions, natural disasters, or regulatory changes—are also outside Hammerhead’s control.

In such cases, Hammerhead will:

●        Make reasonable efforts to expedite the process or pursue alternative pathways, and

●        Continue to provide regular communication and work in good faith to meet revised schedules.

4.6 Change Orders Due to Delays

If delays caused by third-party entities or unforeseen circumstances result in significant changes to the project scope or delivery schedule, Hammerhead reserves the right to issue a change order (see Section 1.4: Change Orders & Adjustments). This may include:

●        Additional costs for labor, resources, or logistics
Revised production timelines

●        Adjustments to project deliverables as necessary to ensure completion

5. SHIPPING AND FREIGHT

5.1 Shipping Timelines & Storage Fees

Regardless of whether shipping is arranged by Hammerhead Industrial or the customer, all machines are expected to be shipped promptly from Hammerhead's facility.

• Machines that remain in Hammerhead’s custody for more than 15 business days due to delays in customer shipping or install site readiness may incur a holding fee of $4.99 per day.
• This fee is based on machine size and is intended to offset storage space, incidental relocation time, and insurance.

Hammerhead reserves the right to waive or enforce this fee at its sole discretion.

5.2 Hammerhead Guaranteed Shipping

Hammerhead Guaranteed Shipping is a premium option that ensures machines arrive upright, operational, and undamaged.

• If damage occurs during transit, Hammerhead will be fully liable for repair or replacement of the machine to return it to warrantied condition.
• Damage must be:
• Reported on the day of delivery, and
• Documented with photos and/or video and submitted within 48 hours.
• This documentation may extend future coverage: if a post-warranty malfunction can be directly traced to documented shipping damage, Hammerhead will, at its discretion, provide ongoing repairs or replacement parts.
  
  

5.3 Customer-Organized Shipping

If the customer arranges shipping:

• Full payment must be received before release of equipment to the customer’s preferred freight carrier.
• Only vetted, experienced carriers will be accepted for machines sold with post-delivery net terms.
• Hammerhead will provide all images and videos related to safe loading, but any assistance with the customer’s freight claim is at Hammerhead’s discretion.

5.4 Crating & Packaging Standards

For all LTL (Less-than-Truckload) shipments:

• Machines will be bolted to a steel-framed or reinforced wooden skid designed to prevent tipping.
• Sensitive areas will be protected with foam.
• The machine will be wrapped in plastic to prevent dust, water, or incidental scuffs.

Flatbed or hotshot trailer shipments (used for Beam Press, Traveling Head, and Mini-Beam models) allow machines to be secured using structural tie-points.

• For Guaranteed Shipping, Hammerhead will determine all shipping methods and materials.
• For Customer-Organized Shipping, Hammerhead acts in an advisory role, but all final decisions are the customer’s responsibility.
• Additional fees may apply if the customer requests packaging beyond or outside Hammerhead’s standard shipping practices.

5.5 Damaged Freight & Return Authorization

If freight damage occurs under Customer-Organized Shipping:

• The customer assumes full responsibility for any damage after the machine has been transferred to the freight carrier’s custody.
• Customers may:
• Accept the shipment and handle service/repair at their own expense, or
• Reject the shipment, after which:
• The freight company may seize the goods, or
• Attempt to return the machine to Hammerhead.

Hammerhead will not accept a return without a signed Return Merchandise Authorization (RMA) agreement, which excuses Hammerhead from all liability.

• Once returned, Hammerhead may store the machine pending claim resolution, subject to a $150/month storage fee if not handled in a timely manner.
• Hammerhead is not obligated to assist with the claim but will provide available photos, loading documentation, and shipment records to support the customer’s process.
  
  

5.6 Customer Facility Delivery

Customers are responsible for unloading and placement of the machine upon delivery.

• Proper forklifts or rigging equipment must be arranged in advance.
  The equipment used should be rated to the weight and dimensions of the purchased machine.
  Delivery must be made to the location listed on the Customer Invoice or Purchase Order.

5.7 International Shipping

Hammerhead offers guaranteed shipping to continental U.S., Canada, and Mexico only.

• International customers may request guaranteed shipping to a North American port, after which they are responsible for:
• All further shipping, storage, customs, and transportation, and
• Any damages incurred in transit beyond the point of Hammerhead’s custody, unless otherwise covered in a written guaranteed shipping agreement.

6. WARRANTY TERMS & CONDITIONS

6.1 Press Setup & Installation

Customer Responsibility
Unless otherwise specified in the Customer Invoice, it is the customer’s responsibility to set up and install the machine at their facility. To qualify for warranty coverage, the following conditions must be met:

• A qualified electrician or facility technician must complete the Warranty Initiation Form on the customer’s behalf.
• This form confirms proper installation and enables Hammerhead to validate warranty support.

Customer Obligations
Customers are responsible for ensuring that:

• Their facility meets the power requirements as outlined in the Customer Invoice.
• All safety protocols are in place. Hammerhead can provide training upon request.
• Safety materials provided by Hammerhead are supplementary to the customer’s internal safety protocols.
• Operators are fully trained in the proper use, handling, and maintenance of the press per the Service Manual.
• The machine is used in compliance with local industrial equipment regulations.

Definition – Qualified Technician
A “qualified electrician or facility technician” is defined as someone with:

• A valid certification from a recognized electrical or technical institution, or
• A minimum of 5 years of documented experience in machinery setup and installation.
  
  

6.2 Warranty Coverage

Governing Law
All warranty terms are governed by the laws of the State of Utah. Hammerhead’s aggregate liability is limited to the total amount paid by the customer for the machine.

6.2.1 Standard Domestic Warranty (Continental U.S.)

Coverage for new or custom-built machines includes:

• 1 Year coverage on machine parts, components, and electronics
• 1 Year coverage on labor and travel, up to:
• $750 for orders under $20,000
  $1,500 for orders between $20,000 and $50,000
• $3,000 for orders over $50,000
• Labor and travel limits are cumulative for the entire warranty period
• 3 Year structural warranty for major failures (e.g., broken welds, steel fractures, platen or frame deformation)
  
  

6.2.2 International Warranty

Coverage for new or custom-built machines shipped outside the continental U.S.:

• 1 Year coverage on machine components and electronics
• 3 Year coverage for major structural failures
  
  

*All international warranty services will be fulfilled by certified local trade professionals approved by Hammerhead. International travel for Hammerhead technicians is not included, unless otherwise stated in the signed contract.

6.2.3 Used Machine Limited Warranty (U.S. Only)

Used machines include:

• 90-Day coverage for operator-interfacing components
• Internal systems (e.g., pumps, motors) are not covered
  
  

6.3 Warranty Service Process

Submitting a Claim
All warranty claims must be submitted via:

• Hammerhead’s official website
• The designated warranty support email
• Direct contact with Hammerhead's customer service team

Initial Diagnostics
Customers must participate in preliminary diagnostic steps, which may involve:

• Remote troubleshooting
• Use of a mobile diagnostic tool

*If the customer does not respond within 2 business days, the case will be closed and resubmitted into the general queue upon future contact.

On-Site Service
If the issue remains unresolved, Hammerhead will:

• Dispatch a technician, or
• Engage an approved local trade professional

Prioritization

• Standard Requests: Addressed on a first-come, first-served basis
• Escalated Requests: Prioritized based on urgency, customer responsiveness, and clarity of issue
• High Volume Periods: Delays may occur during periods exceeding 150% of normal service volume

Acknowledgment Timeline
All service requests will receive a formal acknowledgment within 48 hours of submission.

Service Charges
While warranty-related service is generally covered, Hammerhead may impose charges when:

• A dispatch is triggered due to withheld information
• The issue results from misuse or misinterpretation
• A warranty part is dispatched unnecessarily and not returned within 30 days (customer will be billed at market price)

Post-Service Report
After service, customers will receive a comprehensive report outlining work performed and any recommendations.

6.4 Warranty Transferability

Hammerhead warranties are non-transferable upon resale unless:

• The new owner requests a paid inspection, and
• The machine passes inspection by Hammerhead technicians

Only then can the warranty be transferred.

6.5 Warranty Exclusions

Hammerhead’s warranty does not cover the following:

• Incidental or consequential damages (e.g., production losses due to downtime)
• Cosmetic damages (e.g., paint chips, surface scratches)
• Damage from misuse, abuse, or improper operation
• Accessories and peripherals, unless separately warranted
• Acts of God (e.g., earthquakes, floods, etc.)
• Routine maintenance, including oil and filter replacements
• Unreported damage discovered more than 30 days after the plan expires
• Tampered serial numbers
• Damage caused by war, invasion, or civil unrest

6.6 Press Upgrade Option

Within 12 months of purchase, customers may opt to upgrade to a larger or more advanced machine.

• Hammerhead may apply up to 75% of the original press’s purchase price as a credit
• The customer covers all associated shipping costs
• The returned press must be in "like-new" or "slightly-used" condition
• “Like-new or slightly-used” is defined as:
• No visible damage
• Fully functional
• Fewer than 200 operating hours
• No unusual power specs or excessive customization

6.7 Policy Revisions

These warranty terms are subject to change. Customers should always consult the latest version on Hammerhead’s website or contact the service department for current policy details.

7. DISPUTE RESOLUTION

7.1 Commitment to Amicable Resolution

Hammerhead Industrial (“Hammerhead”) values long-term customer relationships and is committed to resolving disputes through open communication and mutual understanding. Customers are encouraged to contact Hammerhead’s customer service department directly with any concerns to initiate a prompt and fair resolution.

7.2 Initial Informal Resolution

If a dispute, controversy, or claim arises in relation to the warranty or any other aspect of the agreement:

• The aggrieved party must notify the other in writing.
  
  
• Upon receipt of notice, both parties will enter into a 30-day informal negotiation period, during which they will attempt to resolve the issue through discussion.

7.3 Mediation

If the matter is not resolved within the informal negotiation window:

• Both parties agree to participate in good faith mediation.
• Mediation will be conducted:
• In the State of Utah, and
  By a mutually agreed-upon mediator
• All mediation costs will be shared equally between the parties.

7.4 Binding Arbitration

Should mediation fail to produce a resolution:

• Both parties agree to submit the dispute to binding arbitration, held in the State of Utah, and administered according to the rules of the American Arbitration Association (AAA).
• The prevailing party shall be entitled to recover reasonable attorney’s fees and legal costs incurred in connection with the arbitration.
  
  

7.5 Legal Representation

This clause does not restrict either party from:

• Seeking legal representation or counsel at any stage of the dispute process, including during negotiation, mediation, or arbitration.