FOLEYENGINES, INC. TERMS OF WEBSITE USE AND PRODUCT PURCHASE
These Terms of Website Use and Product Purchase (“Terms”) govern the use of our website, www.foleyengines.com (the “Website” or “Site”), including the offer and sale of industrial engines, clutches, and parts (collectively, the “Products”) offered by Foley Engines, Inc., a Massachusetts corporation with offices located at 206 Summer Street, Worcester, Massachusetts 01604 (“Foley Engines,” “we,” “us”, or “our”).
These Terms are inclusive of our Privacy Policy (“Privacy Policy”), and any other applicable operating rules, policies, procedures and supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, our “Policies”).
Customers (“you”) must accept these Terms in their entirety to (a) create an account on our Website, (b) order and purchase products from our Website, (c) register to receive communications from us, (d) use contact forms or other contact information made available on our Website to contact us or request that we contact you. These Terms apply to all users of our Website, whether or not they create an account or purchase products, including individuals who simply browse our offerings.
PLEASE REVIEW THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR PURCHASE OUR PRODUCTS IN ANY MANNER. BY ACCESSING OR USING OUR WEBSITE OR PLACING AN ORDER YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE MATERIALS HYPERLINKED AND REFERENCED HEREIN; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR POLICIES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR WEBSITE OR PURCHASE PRODUCTS FROM US.
A. ABOUT US
Foley Engines provides industrial engines and parts and has been supplying these products for over 100 years. We pride ourselves on top‑tier customer service, support and competitive pricing.
B. USE OF THE WEBSITE
B.1 Acceptable Use of the Website
You may only use the Website in accordance with these Terms, our Policies and any documentation provided by us. Any violation or attempted violation may result in immediate termination of access to the Website or your ability to purchase products, at our sole discretion.
B.2 Availability of the Website
The Website may be accessible worldwide, but this does not mean that all of its features or services are available or legal in your country. We may block access to certain parts of our Website or services in certain countries. You are responsible for ensuring that your use of the Website is lawful where you use it. The Website is not available in all languages.
B.3 Account Creation and Maintenance; Payment for Online Purchases
You can create an account and use the Website. We will ask for the information needed to provide you with an account, including your name and contact information. We store this information as stated in our Privacy Policy. You agree to provide accurate and complete information and to keep it current.
Users who create accounts must use a unique email or username and password that satisfy Foley Engines’ login requirements. You are responsible for safeguarding your username and password and for any use of your account. You agree to notify us immediately of any unauthorized use of your account or password.
Purchases of our Products via our Website will be facilitated through our e‑commerce platform partners Stripe, QuickBooks and PayPal, and your payment will be processed subject to the terms of service and privacy policies of those partners. Foley Engines has no liability to you arising from payment processing by such partners; please review their terms of service and privacy policies at https://stripe.com/legal/ssa and https://www.paypal.com/us/legalhub/paypal/useragreement-full. We do not receive or store your payment information.
We will not be liable for any inability to use the Website due to third‑party suspension, action or inaction.
B.4 Eligibility
The Website is not for anyone under 18 years old, and user accounts may not be created by anyone under 18. You agree that you (1) are at least 18 (or older if required by law to provide the Website to you without parental consent); (2) will only have one Foley Engines account, in your real, legal name; and (3) are not already restricted by Foley Engines from using the Website.
B.5 Communication
You agree that we may provide notices and messages to you via the Website or via the contact information you have provided us.
B.6 Your Obligations
You agree to comply with all applicable laws, rules and regulations and Foley Engines’ Policies, as may be amended from time to time. You are solely responsible for monitoring the Website for updates to such materials.
C. PRODUCTS
C.1 Generally
The Products we offer remain subject to these Terms and any terms, conditions and disclaimers on our Website. Products may be available in limited quantities and we reserve the right to limit quantities offered for sale on our Website. We may, in our discretion, refuse any order. We may limit or cancel quantities purchased per person, household, business or order.
We offer detailed information about our Products on our Website. If you have questions, please contact us at info@foleyengines.com. Products sold online are illustrated with images that may not precisely reflect the Products; we cannot guarantee that your device’s display accurately portrays a Product. We do not warrant that the quality of any Product purchased will meet your expectations, or that errors will be corrected.
We may limit sales of our Products to any person, geographic region or jurisdiction on a case‑by‑case basis. We currently only ship Products ordered online within the United States.
We may update or change Product descriptions at any time and discontinue Products without notice. Offers for any Product on our Website are void where prohibited.
Engines, parts, equipment and accessories require careful, proper use, installation, inspection and maintenance. We are not responsible and will not be liable for harm or damages caused by improper, illegal, unsafe or incorrect use, installation or maintenance of any Product.
C.2 Payment
When you purchase Products through our Website, you must submit a valid form of payment through one of our e‑commerce partners (“Payment Method”), which will be charged the amount listed for the Product(s), plus shipping, handling and applicable sales tax. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON‑REFUNDABLE. Special orders may not be cancelled or returned.
We reserve the right to refuse or cancel any order. We may require additional verification or information before accepting an order. Authorized charges will be billed to your designated Payment Method. If payment cannot be processed or is returned for any reason, we may suspend or terminate your access to the Website and cancel your order.
Charges will appear on your Payment Method statement under “Foley Engines” or similar. Failure to use the Products does not excuse payment. We reserve the right, upon reasonable notice (via Website update or email), to change billing provisions. Continued use of the Website or purchase of Products after such notice constitutes consent to those changes, but changes will not apply to charges incurred before the change.
C.3 Pricing and Inventory
All prices are in U.S. Dollars and valid only in the United States. Prices exclude taxes and shipping unless stated otherwise. You are responsible for applicable taxes.
We may change Product pricing without notice and modify or discontinue Products at any time. If pricing errors occur due to typographical errors or incorrect information from suppliers, we may refuse or cancel orders for Products listed at the incorrect price. If you have paid for such Products and the order is cancelled, we will promptly issue a credit to your payment method.
Our Website includes inventory information that can help estimate when Products will ship. However, Products listed as “in stock” may not ship immediately because inventory can change quickly. If a Product you ordered is sold out after you place your order, we will notify you via the email address you provided and resolve the issue.
C.4 Return Policy
C.4.1 General Return Policy
EXCEPT AS SET FORTH BELOW, ALL SALES ARE FINAL AND PRODUCTS MAY NOT BE RETURNED FOR ANY REASON. You must immediately inspect shipments upon receipt and report any incorrect or missing Products to us within forty‑eight (48) hours by using the contact information at the end of these Terms. Foley Engines is not responsible for damage during shipment. All Products are inspected prior to shipment. If you receive a damaged Product, please contact the carrier that delivered the Product.
C.4.2 Return Policy for Engine & Parts Cores
Engine cores must be returned on the shipping stand provided at purchase and must be intact, complete, assembled, capable of rotating 360 degrees and without visible holes or cracks. All castings must be rebuildable.
To return an engine core, contact us at the email address or phone number at the end of these Terms for a Core Return Form, or use the Core Return Form provided at purchase. Include a copy of the completed Core Return Form and the packing slip in the original packaging and identify the original invoice number on the outside of the return carton. Foley Engines may assess a $100 administrative fee or refuse to refund cores that do not include the appropriate paperwork or fail to meet these criteria. We reserve the right to reject cores that are not in satisfactory condition.
D. INTELLECTUAL PROPERTY
D.1 Foley Engines’ Intellectual Property
“Foley Engines Content” includes any text, graphics, images, music, audio, video, works of authorship and information made available through the Website. The Website, its underlying code and technology, the Foley Engines Content and the Products are protected by U.S. and foreign intellectual property laws. Foley Engines and its suppliers reserve all rights in and to the Website, Foley Engines Content and Products. You may not remove or obscure any copyright, trademark or proprietary notices on the Products. Copying, redistributing or publishing any part of the Website or Products is strictly prohibited. Posting information on the Website does not waive any rights in such information.
D.2 Unacceptable Use of the Website
Except to the extent permitted by law, you may not (a) use, display, mirror or frame the Website or any part of it without express written consent; (b) access non‑public areas of the Website or Foley Engines systems; (c) test vulnerabilities or breach security measures; (d) circumvent technological measures protecting the Website; (e) access the Website by any mechanism other than your own authorized device; (f) reverse engineer or tamper with any part of the Website; or (g) use the Website unlawfully or harmfully. You may not conduct automated data collection (framing, scraping, data mining or harvesting) without written consent, nor use the Website to market products not sold by Foley Engines. You agree not to use software or scripts to scrape the Website, circumvent security features, monitor performance for competitive purposes, or otherwise violate these Terms.
D.3 Feedback and Submissions Policy; Testimonials
If you provide feedback or testimonials (collectively, “Feedback”) regarding the Website or Products, you grant Foley Engines the right to use and republish that Feedback without attribution or compensation. Foley Engines is not required to respond to communications. Feedback must not violate the rights of any third party or be libelous, unlawful, abusive, obscene or untruthful.
E. [ENFORCEMENT RIGHTS]
Foley Engines may monitor access to and use of the Website to ensure compliance with these Terms and applicable law. We may disclose unlawful conduct to law enforcement and remove or disable access to the Website or your account at our discretion. We have the right to investigate violations of these Terms and conduct that affects the Website’s performance.
E. WARRANTY, DISCLAIMER; LIMITATION OF LIABILITY
E.1 Limited Warranty
We pass through to customers the manufacturers’ warranties on Products and may offer additional or extended warranties. Where applicable, Foley Engines warrants to the original purchaser that its Products are free from defects in materials and workmanship for thirty (30) days from purchase. This warranty does not cover misuse, abuse, negligence, accidents, repairs or alterations outside our facilities, criminal activity, damage in shipment, improper installation, normal wear and tear, or inadequate maintenance.
To make a warranty claim, contact us using the information at the end of these Terms. If the claim is covered by a manufacturer’s warranty, we will assist you in resolving it. You agree to cooperate in processing your warranty claim. Foley Engines is not responsible for the resolution of manufacturer warranty claims unless you have purchased a separate extended warranty directly from Foley Engines.
E.2 Disclaimer of Warranties
EXCEPT FOR ANY MANUFACTURERS’ WARRANTIES OR EXTENDED WARRANTIES PURCHASED DIRECTLY FROM FOLEY ENGINES, THE PRODUCTS AND WEBSITE ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS. FOLEY ENGINES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, BE FREE OF HARMFUL COMPONENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR‑FREE, OR THAT DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory rights, so some of these exclusions may not apply to you.
E.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOLEY ENGINES WILL NOT BE LIABLE UNDER ANY THEORY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES; INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PROFITS OR REVENUES; LOSS OF GOODWILL; DATA LOSS OR BREACH OF DATA OR SYSTEM SECURITY; OR COST OF REPLACEMENT GOODS OR SERVICES. FOLEY ENGINES’ AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You acknowledge that this limitation of liability is part of the basis of the bargain between you and Foley Engines and applies even if remedies fail their essential purpose.
E.4 Limitation on Claims
Any claim arising out of your use of the Website or Products must be filed within one (1) year after such claim arose, or it will be barred.
F. INDEMNIFICATION
You agree to indemnify, hold harmless and, at Foley Engines’ option, defend Foley Engines from any claims or losses arising from: (i) your negligence or willful misconduct; (ii) use of the Services in a manner not authorized by these Terms; (iii) use of the Services or Products not provided for by Foley Engines in writing; (iv) modifications to Products or Services not made by Foley Engines; and (v) your breach of these Terms.
G. [DISCLAIMER – USE AT YOUR OWN RISK]
Our goal is to provide helpful and accurate information on the Website, but we make no endorsement, representation or warranty about the Products, the Website or the information provided on our Website, including any advice regarding the use of Products. Information on the Website is provided for general informational purposes only. We make no representations regarding the accuracy, adequacy, validity, reliability or completeness of any information on the site. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE. Your use of the Website and reliance on any information on it is solely at your own risk.
H. VOID WHERE PROHIBITED
Although the Website may be accessible worldwide, Foley Engines only ships Products within the United States. Any offer for a Product on the Website is void where prohibited. If you access the Website from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
I. [BREACH OF THESE TERMS]
If you breach these Terms or applicable law, Foley Engines may take action it deems appropriate, including terminating unshipped orders, suspending or blocking your account, blocking IP addresses and bringing court proceedings. We may also contact your internet service provider to request that they block access to the Website.
J. TERMINATION
You may terminate your account at any time through your account settings or by contacting Foley Engines. We may terminate your account at any time upon notice. Termination will not relieve you of any amounts owed prior to termination. Sections A, B, C, D, E, F, G, H, I, J and any sections which by their nature should survive termination shall continue after termination.
K. MISCELLANEOUS PROVISIONS
K.A Emails and Communications
By creating an account, you agree to receive emails, texts or other communications. If you no longer wish to receive these communications, please follow the process in our Privacy Policy.
K.B Third‑Party Links and Websites
The Website may contain links to third‑party websites or services. These links are provided only as a convenience. Foley Engines is not responsible for the content, products or services available from third‑party sites. You assume all risk from using third‑party services.
K.C Changes to the Website and Our Policies
Foley Engines may change or discontinue any feature or component of the Website at any time without notice. You should periodically review these Terms and our Policies. We are not liable to you or any third party for modifications, suspensions or discontinuances of any part of the Website.
We may communicate with you about your account, orders or changes to these Terms via email (to the address you provide) or other contact information associated with your account. BY CONTINUING TO USE THE WEBSITE OR BY PLACING ORDERS FOR PRODUCTS, YOU AGREE TO ACCEPT SUCH CHANGES IN THE MANNER SET FORTH HEREIN.
To the extent anything associated with the Website, your account or Products conflicts with these Terms, these Terms shall prevail.
K.D Entire Agreement
These Terms, together with the transactional paperwork issued by Foley Engines (an “Order Form”) and any documents incorporated herein, constitute the entire agreement between the parties and supersede all prior and contemporaneous understandings and agreements relating to the subject matter. Any purchase order or ordering document provided by you is deemed to be accepted solely for billing purposes; these Terms supersede any conflicting terms in such purchase order. To avoid processing delays, please include the following statement on any purchase order that includes different or additional terms:
“Any conflict between the parties’ respective sales/purchase terms and conditions shall be resolved by giving priority in the following order: (1) the sales quotation(s) (if any) issued by Foley Engines; (2) the following terms of this order: name and identity of the product(s) and/or services purchased, quantity, bill‑to and ship‑to address, and, if accurate, price; and (3) Foley Engines’ Terms of Purchase and Order Form. All other terms and conditions included or referenced in this purchase order shall be void and of no force or effect.”
If a purchase order accepted by Foley Engines contains additional or different terms, the contract between the parties will consist of the following documents in this order of precedence: (1) the Foley Engines sales quotation; (2) the name and identity of the product(s) and/or services purchased, quantity, bill‑to and ship‑to address, and price; (3) these Terms and any Foley Engines Order Form; and (4) any other terms contained in or incorporated by reference into the purchase order. Any conflict among these documents will be resolved in this order.
K.E Headings and Interpretation
Headings are for reference only and do not affect interpretation. Words used in the singular include the plural, and vice versa. “Include,” “includes” and “including” mean “without limitation.” References to sections, exhibits, schedules and attachments are to those in these Terms. References to a statute mean the statute as amended and include any successor legislation. These Terms are to be construed without regard to any presumption against the drafting party.
K.4 Notices
All notices must be in writing and delivered personally, via recognized courier, fax or email (with confirmation), or by certified or registered mail. Notices are effective only upon receipt by the recipient and compliance with this provision.
K.5 Acts of God
Foley Engines will not be liable for any failure or delay resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, or governmental actions.
K.6 Amendment and Waiver
Except as set forth herein, no amendment or modification of these Terms is effective unless in writing and executed by the parties. No waiver is effective unless written and signed by the waiving party. Failure to exercise or delay in exercising any right does not operate as a waiver, nor does a partial exercise preclude further exercise of that right.
K.7 Severability
If any provision of these Terms is invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect. The parties will modify any invalid or unenforceable provision to achieve the original intent as closely as possible.
K.8 Governing Law; Submission to Jurisdiction
These Terms are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of laws principles. Any legal action arising out of these Terms will be instituted exclusively in the federal or state courts located in Worcester County, Massachusetts, and each party submits to the exclusive jurisdiction of such courts.
K.9 Assignment
You may not assign or transfer any rights or delegate any obligations under these Terms without Foley Engines’ prior written consent. Any purported assignment in violation of this provision is void. These Terms bind and benefit the parties and their permitted successors and assigns.
K.10 No Class Actions
You may only resolve disputes with Foley Engines on an individual basis. Class actions, consolidated actions and representative actions are not allowed under these Terms.
N. CONTACT US
If you have questions about these Terms, please contact us using the information below.
Foley Engines Inc.
200 Summer Street
Worcester, MA 01604
Email: info@foleyengines.com
Toll Free: 1‑800‑233‑6539
International: +1‑508‑753‑2979
Shipping Department: +1‑508‑753‑1747
Effective Date: December 17, 2025
Foley Engines
