Last updated: 09/17/2026
OVERVIEW
Welcome to Deleks USA. The terms "we", "us" and "our" refer to Deleks USA, Inc., a Texas corporation. Deleks USA, Inc. operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Deleks USA, Inc. is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as product safety, warranty terms, warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Product images may show optional accessories, attachments or configurations that are not included in the base product. The specifications, dimensions and included components for each product are set out in the product description and, where applicable, in the operator's manual for that product.
Except for the DELEKS USA Limited Warranty described in Section 6 below, we do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Deleks USA, Inc. reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Deleks USA, Inc. confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Deleks USA, Inc. may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Returns and Refunds Policy.
Our products may be purchased for personal, household, farm, or commercial end use. You represent and warrant that your purchases are for your own end use and not for resale, redistribution, or export, unless you have entered into a separate written agreement with us.
SECTION 4 — PRICES, TAXES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include applicable sales or use taxes, which are calculated and displayed at checkout where we are required to collect them.
Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment card information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment card for the purchase, (iii) charges incurred by you will be honored by your card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 — SHIPPING, DELIVERY AND FREIGHT DAMAGE
Shipping method. Most of our products are heavy equipment shipped by freight (LTL) carrier on a pallet or crate. Unless otherwise stated at checkout, delivery is curbside only: the carrier is not responsible for moving the product onto your property, unloading it from the truck, uncrating it, or assembling it. You are responsible for having suitable equipment and assistance available to receive and unload the shipment. Liftgate service, residential delivery, limited-access delivery and delivery appointments may be available for an additional charge and, where applicable, are shown at checkout.
Delivery times. All delivery times shown on the Services are estimates only. We ship within the time period stated on the product page or, if no time is stated, within 30 days of order acceptance. If we are unable to ship within that period, we will notify you and offer you the option to consent to a delayed shipment or to cancel your order for a full refund.
We are not responsible for delays caused by shipping carriers, weather, customs processing, or other events outside our reasonable control.
Inspection and damage claims. You must inspect the shipment in the presence of the carrier before signing the delivery receipt. If the packaging, crate or product shows any damage, you must note the damage in detail on the delivery receipt before signing, and you may refuse a shipment that is visibly and substantially damaged. You must report any damage to us at quotes@deleks.com or info@deleks.com within 5 business days of delivery, together with photographs of the packaging and the product. Failure to note damage on the delivery receipt or to notify us within this period may prevent us from recovering from the carrier and may limit our ability to assist you.
Title and risk of loss. Title and risk of loss pass to you upon delivery of the product to the carrier, subject to your rights under the paragraph above and under applicable law.
Shipping area. We ship to addresses within the United States only, excluding AK / HI / PO Boxes.
SECTION 6 — LIMITED WARRANTY
New DELEKS products sold through the Services are covered by the DELEKS USA Limited Warranty, which covers defects in materials and workmanship under normal use and maintenance. In summary, and subject to the full terms:
- 12 months on the complete machine;
- 24 months on frames and structural welded components, and on hydraulic cylinders;
- 36 months on gearboxes;
- labor reimbursement at flat rates during the first 12 months, where DELEKS has authorized the repair in advance;
- normal wear items and the other exclusions listed in the Limited Warranty are not covered.
This summary is for convenience only. The full text of the Limited Warranty governs, and is available at deleks.net/pages/warranty. It is incorporated into these Terms by reference. You should read it before purchasing. A free paper copy is available on request by writing to the address in Section 26 or by calling (866) 384-3461.
Coverage periods begin on the date the product is delivered to the original purchaser. The version of the Limited Warranty in effect on the date your product is delivered is the version that applies to your product.
Warranty claims must be submitted within 90 days of the date the failure occurs or is discovered, and within the applicable coverage period. Do not begin any repair before receiving written authorization from us: unauthorized repairs are not reimbursable and may void coverage on the affected component.
The Limited Warranty is the only express warranty we provide. No employee, agent, dealer or other person is authorized to give any other warranty on our behalf or to modify the Limited Warranty. Except as expressly stated in the Limited Warranty, the disclaimers in Section 17 apply.
Nothing in these Terms limits any right you may have under the Magnuson-Moss Warranty Act or any other applicable federal or state consumer protection law.
SECTION 7 — PRODUCT SAFETY AND PROPER USE
Our products are professional agricultural and forestry machinery. Improper selection, installation, or operation can cause serious injury or death.
You are responsible for:
- selecting a product that is compatible with your tractor, loader, or carrier machine, including its horsepower range, hitch category, hydraulic flow and pressure, and weight capacity;
- reading and following the operator's manual supplied with the product before use, and keeping it available to every operator;
- ensuring that every operator is trained, of legal working age, and equipped with appropriate personal protective equipment;
- keeping all guards, shields and safety devices in place and in working order, and maintaining the product in accordance with the manual;
- complying with all applicable federal, state and local safety, road-use and environmental regulations.
Product specifications and compatibility information published on the Services are provided in good faith to assist you, but you remain responsible for verifying that a product is suitable for your machine and your intended application. If you are unsure, contact us before purchasing at (866) 384-3461 or quotes@deleks.com .
Any modification of a product, removal of guards or safety devices, use of non-original replacement parts, or use of the product outside its intended purpose voids the Limited Warranty and is at your sole risk.
PTO driveshafts. A PTO driveshaft is supplied at a standard length and is not ready to use as delivered. Before first use you must check it over the full range of the three-point hitch and, where necessary, cut it to the correct length, following the instructions in the Limited Warranty and in the operator's manual. Damage caused by a driveshaft that was too long, cut incorrectly, or incorrectly assembled is not covered by the Limited Warranty.
SECTION 8 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Deleks USA, Inc., its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Deleks USA, Inc., Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Deleks USA, Inc.
DELEKS® and the names, logos, product and service names, designs, and slogans of Deleks USA, Inc. and its affiliates are trademarks of Deleks USA, Inc. or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 9 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 10 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 11 — RELATIONSHIP WITH SHOPIFY
Deleks USA, Inc. is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Deleks USA, Inc. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Deleks USA, Inc., including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Deleks USA, Inc.
SECTION 12 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 13 — FEEDBACK AND REVIEWS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We do not suppress, edit or remove customer reviews on the basis that they are negative. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 14 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel an order for this reason after your payment has been processed, we will issue a full refund.
SECTION 15 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local laws, regulations, rules or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Deleks USA, Inc., Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 16 — TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Limited Warranty, Product Safety and Proper Use, Intellectual Property, Feedback and Reviews, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 17 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED IN OUR LIMITED WARRANTY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WHERE IMPLIED WARRANTIES MAY NOT BE EXCLUDED, THEY ARE LIMITED IN DURATION TO THE DURATION OF OUR LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
SECTION 18 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DELEKS USA, INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 19 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Deleks USA, Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 20 — SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 — ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 23 — GOVERNING LAW AND DISPUTE RESOLUTION
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 Texas, without regard to its conflict of laws principles. You and Deleks USA, Inc. agree that any dispute arising out of or relating to these Terms or your purchase shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you and Deleks USA, Inc. consent to venue and personal jurisdiction in such courts.
SECTION 24 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Changes to these Terms will not apply retroactively to orders already accepted before the change takes effect.
SECTION 26 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at quotes@deleks.com.
Deleks USA, Inc.
1800 West Loop S, Ste 1600
Houston, TX 77027
United States
Toll-Free: (866) 384-3461
Email: quotes@deleks.com
Hours: Monday – Friday, 8:00 AM – 6:00 PM ET; Saturday, 9:00 AM – 1:00 PM ET
Website: deleks.net
Deleks USA, Inc. is an affiliate of DELEKS S.r.l. (Verolanuova, Italy), the manufacturer of DELEKS® machinery. Your purchase contract is with Deleks USA, Inc.
