STANDARD TERMS AND CONDITIONS OF SALE
TAG Attachment Company LLC
300 Litchfield Rd., Suite 3, Harwinton, CT 06791
1. Agreement and Acceptance of Terms
These Terms and Conditions of Sale (“Terms”) apply to every purchase of goods (“Products”) from TAG Attachment Company LLC (“TAG,” “Seller,” “we,” “us,” or “our”) by any purchaser (“Buyer” or “you”), whether the order is placed online, by phone, or in person. By placing an order, submitting payment, or accepting delivery of any Product, Buyer agrees to be bound by these Terms. These Terms, together with the applicable invoice or order confirmation, are the entire agreement between the parties regarding the purchase and supersede any prior or contemporaneous understanding, whether oral or written. Any additional or different terms proposed by Buyer, including terms in a purchase order, are rejected and have no effect unless accepted by TAG in a signed writing.
2. Products; New and Used Equipment
TAG sells new and used skid-steer, compact-track-loader, and other heavy-equipment attachments and related products, including but not limited to buckets, pallet forks, snow pushers, brooms, augers, dozer blades, grapples, and rock/skeleton buckets, as well as related supplies. Each listing or quotation identifies, to the best of TAG's knowledge, whether the item is new or used, but TAG does not manufacture the Products it sells. Photographs, weights, dimensions, and capacity ratings are provided by manufacturers or estimated by TAG and are approximate. Buyer is responsible for confirming fit and compatibility with its own equipment, including hitch or mounting-plate type, before ordering.
3. Pricing and Payment
Prices are as stated on TAG's website or a written quotation at the time of order and are subject to change without notice until an order is accepted by TAG. Full payment is due at the time of order unless TAG has agreed in writing to other terms. TAG accepts the payment methods identified at checkout. If TAG extends invoice terms to a commercial account, invoices are due within the period stated on the invoice, and past-due balances accrue interest at 1.5% per month (18% per year), or the highest rate allowed by law if lower, until paid in full.
4. Sales Tax
Prices do not include Connecticut sales and use tax or any other applicable tax, which will be added to the invoice unless Buyer provides TAG with a valid resale or exemption certificate before order acceptance. Buyer is responsible for any tax, duty, or similar governmental charge arising from the sale.
5. Shipping, Delivery, and Risk of Loss
Unless otherwise agreed in writing, Products are made available FOB TAG's place of business in Harwinton, Connecticut. Buyer is responsible for all freight, crating, and rigging charges, whether TAG arranges transportation on Buyer's behalf or Buyer uses its own carrier. Title and risk of loss pass to Buyer when TAG tenders the Product to the carrier, or when Buyer (or Buyer's carrier) picks the Product up at TAG's facility, whichever happens first. TAG is not responsible for loss, damage, or delay in transit; claims for transit damage must be made by Buyer directly against the carrier. Estimated delivery or pickup dates are not guaranteed. Products not picked up within 10 business days of TAG's notice of availability may be assessed a storage fee of $25 per day.
6. Title and Security Interest
Notwithstanding Section 5, if TAG extends credit terms to Buyer, TAG retains a purchase-money security interest in the Products sold, in the amount of the unpaid purchase price, until TAG has received payment in full, consistent with Conn. Gen. Stat. § 42a-2-401 and Article 9 of the Connecticut Uniform Commercial Code. Buyer authorizes TAG to file a UCC-1 financing statement to perfect this interest.
7. Inspection
TAG encourages Buyer to inspect any used Product in person, or to request additional photographs and information, before purchase. By completing a purchase, Buyer acknowledges that it either inspected the Product or had a reasonable opportunity to do so and declined.
8. Warranty Disclaimer
(a) New Products. New Products may be covered by the original manufacturer's written warranty, if any, which TAG will pass through to Buyer to the extent the manufacturer permits. TAG makes no independent warranty on new Products beyond this pass-through and is not a party to, and has no obligation under, the manufacturer's warranty.
(b) Used Products. Used Products are sold “AS IS” and “WITH ALL FAULTS.” TAG makes no representation or warranty of any kind, express or implied, including the implied warranties of merchantability or fitness for a particular purpose, regarding any used Product.
(c) General. No employee or agent of TAG is authorized to make any warranty on TAG's behalf other than as stated in this Section. Any description of a Product is for identification only and does not create an express warranty.
9. Returns, Cancellations, and Restocking
Custom, special-order, and used items are not returnable except for a defect covered by an applicable pass-through manufacturer warranty. New, in-stock items may be returned within 14 days of delivery in unused, resalable condition, at Buyer's expense for return freight, subject to a 15% restocking fee. Orders may be canceled before shipment; deposits on special orders already placed with a manufacturer or supplier may be non-refundable to the extent TAG has incurred a corresponding obligation.
10. Limitation of Liability
To the fullest extent permitted by law, TAG's aggregate liability arising out of or relating to a purchase, however arising, will not exceed the amount Buyer paid for the Product giving rise to the claim, and TAG will not be liable for any incidental, consequential, special, exemplary, or punitive damages, including lost profits, downtime, or the cost of substitute equipment, even if TAG has been advised of the possibility of such damages.
11. Assumption of Risk; Indemnification
Buyer acknowledges that heavy equipment attachments can be dangerous if improperly used, mounted, or maintained, and assumes all risk and liability arising from Buyer's ownership, operation, and maintenance of the Products. Buyer agrees to defend, indemnify, and hold harmless TAG, its owners, employees, and agents from any claim, loss, or expense, including reasonable attorneys' fees, arising from Buyer's use, operation, or resale of a Product, except to the extent caused by TAG's gross negligence or willful misconduct.
12. Safety and Compliance
Buyer is solely responsible for ensuring that a Product is properly matched, mounted, and operated according to the carrier machine's and the attachment's manufacturer instructions, and for complying with all applicable OSHA and other safety requirements. Buyer should obtain current operation and safety manuals from the manufacturer before use.
13. Force Majeure
TAG is not liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including manufacturer delays, carrier shortages, severe weather, strikes, or acts of God.
14. Governing Law; Venue
These Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-law principles. Any dispute arising out of or relating to a purchase or these Terms will be brought exclusively in the state or federal courts located in Litchfield County, Connecticut, and Buyer consents to personal jurisdiction there.
15. Attorneys' Fees
In any action to enforce these Terms or collect amounts owed, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.
16. Entire Agreement; Modification
These Terms, together with the applicable invoice, are the entire agreement between TAG and Buyer regarding the purchase. No modification is effective unless made in a writing signed by an authorized representative of TAG.
17. Severability
If any provision of these Terms is held unenforceable, the remaining provisions stay in full force and effect.
Effective date: September 17, 2026