Website Terms & Conditions

Website Terms and Conditions

The equipment, machinery, and services furnished by Stowers Machinery Corporation, including Stowers Power Systems and Stowers Rents (collectively referred to as “Stowers”), are all subject to the terms and conditions contained in the General Account Terms and Conditions located at https://parts.cat.com/en/catcorp/legal/legal-terms, or such other written agreement accepted and signed by Stowers authorized personnel. The terms and conditions require payment in full within net 30 days, unless otherwise stipulated in writing. Past due accounts are subject to service charges, interest, and management fees as provided in the General Account Terms and Conditions. The Customer shall also pay the fees, expenses, and costs, including reasonable attorneys’ fees, incurred by Stowers in collecting any payments past due. Any legal action to enforce the General Account Terms and Conditions may be brought in a state or federal court located in Knox County, Tennessee, and THE CUSTOMER WAIVES THE RIGHT TO A TRIAL BY JURY. Stowers disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose.
In the event of any inconsistency with the terms and conditions stated herein, the General Account Terms and Conditions shall control and be binding upon the Customer. Stowers retains all copyrights in any text, graphic images, and software owned by Stowers, and all Stowers trademarks and patents; nothing contained herein shall be construed as conferring any license or rights under any intellectual property owned by Stowers.

CAT, Caterpillar, “Caterpillar Yellow”, and all logos and corporate and product identity associated therewith, are trademarks of Caterpillar, Inc., and may not be used without permission. Cat and Caterpillar are registered trademarks of Caterpillar, Inc.

SMS / Text Message Communications

If you have provided your mobile phone number and checked the box (or otherwise affirmatively opted in) to receive text messages from Stowers Machinery Corp., you consent to us sending you transactional messages (e.g., order confirmations, appointment reminders) and promotional/marketing messages (e.g., special offers, coupons, and service promotions) via SMS/MMS.

Message frequency varies. Message and data rates may apply. These messages may be sent using an automatic telephone dialing system or other automated technology. Your consent is not required as a condition of purchasing any goods or services.

Your privacy is important to us. Please review our Privacy Policy [https://www.stowerscat.com/privacy-policy/] for more details on how your information is used. For assistance, text HELP to (865)​ 546​-1414, or contact our support team at https://www.stowerscat.com/contact/. You can opt out at any time by texting STOP, QUIT, CANCEL, UNSUBSCRIBE, or STOPALL to (865)​ 546​-1414. You will receive a confirmation text, and no further messages will be sent unless you opt back in.

Dispute Resolution

Any dispute, claim, or controversy relating in any way to your use of the website, or to any products or services sold or distributed by such website, or otherwise arising out of or relating to these Terms of Use , including the alleged breach, termination, validity, interpretation and performance thereof (“Dispute”), shall be resolved with the following procedures:

1. Negotiation

Upon written notice of any Dispute, the parties SHALL first attempt in good faith to resolve it by negotiation. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response SHALL include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the individual who will represent that party. Within 30 days after delivery of the notice, the representatives of both parties shall meet at a mutually acceptable time and place. This process should be completed within 30 days. At no time during this process shall either party initiate an arbitration or litigation related to the Dispute.

1. Mediation

If the matter is not resolved by negotiation pursuant to this Section 1 above, the parties agree to endeavor to settle the Dispute by mediation administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules and Mediation Procedures before resorting to arbitration. Either party may commence mediation by providing to AAA and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with AAA and with one another in selecting a mediator from the AAA panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs. At no time during this process shall either party initiate an arbitration or litigation related to the Dispute.

1. Arbitration

Any Dispute not resolved through negotiation or mediation in accordance with paragraphs 1 and 2 SHALL be resolved by final and binding arbitration in accordance with the AAA Commercial Arbitration Rules and Mediation Procedures. The arbitration will be held in Knoxville, Tennessee using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel. The parties understand that arbitration is final and binding and that they are waiving their rights to other resolution processes (such as court action or administrative proceeding).

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