Terms of service

Effective Date: September 9, 2026

Welcome to TOUGH. These Terms of Service govern your use of our website and the purchase of excavators, attachments, spare parts, and related products and services from TOUGH.

By accessing our website, submitting an inquiry, placing an order, or purchasing products from us, you acknowledge that you have read, understood, and agreed to these Terms of Service.

1. About TOUGH

TOUGH specializes in the development, manufacturing, and supply of excavators, attachments, spare parts, and related machinery products.

Our products may be supplied to customers, dealers, distributors, contractors, and other business partners in different countries and regions.

2. Product Information

We make reasonable efforts to ensure that product descriptions, specifications, dimensions, images, videos, and other information published on our website are accurate and up to date.

However, actual product specifications may vary slightly due to:

  • Product improvements

  • Manufacturing updates

  • Technical upgrades

  • Production requirements

  • Different product configurations

  • Customization or OEM/ODM requirements

The specifications stated in the final quotation, proforma invoice, sales contract, or order confirmation shall prevail over general information published on the website.

3. Product Configuration

Before placing an order, customers are responsible for confirming that the selected machine or attachment is suitable for their intended application.

Depending on the product, customers should consider factors including:

  • Operating weight

  • Engine or motor configuration

  • Hydraulic system requirements

  • Attachment compatibility

  • Working environment

  • Ground conditions

  • Required lifting or digging capacity

  • Local regulations and operating requirements

Our sales and technical teams can provide product information and recommendations based on the requirements provided by the customer.

However, the customer remains responsible for confirming that the final configuration meets their actual operating requirements and local regulations.

4. Orders and Quotations

Product prices, specifications, availability, production schedules, and shipping arrangements may be provided through quotations or other written communications.

A quotation does not constitute a binding sales contract unless otherwise stated.

An order becomes effective after the relevant commercial terms have been confirmed by both parties and any required payment has been received.

The final order details shall be based on the applicable quotation, proforma invoice, purchase order, sales contract, or order confirmation.

5. Pricing and Payment

Unless otherwise agreed in writing, product prices do not necessarily include:

  • International shipping

  • Import duties

  • Customs clearance charges

  • Local taxes

  • Port charges

  • Inland transportation

  • Insurance

  • Registration fees

  • Other destination-country charges

The customer is responsible for charges that are expressly assigned to the customer under the agreed trade terms or sales contract.

Payment terms will be specified in the quotation, proforma invoice, or sales agreement.

TOUGH reserves the right to delay production or shipment if required payments are not received according to the agreed payment schedule.

6. Production and Delivery

Excavators and related machinery may require production, inspection, assembly, testing, and preparation before shipment.

Estimated production and delivery times are provided in good faith and may be affected by factors including:

  • Production schedules

  • Raw material availability

  • Port congestion

  • Shipping schedules

  • Customs procedures

  • Weather conditions

  • Government requirements

  • Force majeure events

Unless otherwise agreed in writing, estimated delivery dates are not guaranteed delivery deadlines.

7. Shipping and Risk

Shipping arrangements and the transfer of risk will be determined according to the agreed shipping terms, including the applicable Incoterms where specified.

Customers are responsible for providing accurate delivery, consignee, customs, and contact information.

Once the product has been transferred to the customer or the relevant carrier according to the agreed shipping terms, responsibility for the goods will be determined in accordance with those terms.

Customers should inspect the products promptly after delivery and report any transportation damage or shortage in accordance with our Return & Refund Policy and applicable shipping requirements.

8. Inspection and Acceptance

Customers should inspect the products after receiving them.

Where appropriate, customers may check:

  • Product model

  • Quantity

  • Major components

  • Attachments

  • Exterior condition

  • Hydraulic system

  • Engine or motor

  • Operating functions

  • Accessories and documents

Any obvious shortage, damage, or discrepancy should be reported to TOUGH promptly with supporting photographs, videos, or other evidence.

9. Product Operation and Safety

Excavators and attachments are professional machinery and must be operated by appropriately trained and qualified personnel.

Customers are responsible for:

  • Following the operation manual

  • Following safety instructions

  • Conducting appropriate pre-operation inspections

  • Using suitable personal protective equipment

  • Maintaining the machine properly

  • Using compatible attachments

  • Operating the machine within its rated capacity

  • Complying with applicable local laws and safety regulations

TOUGH shall not be responsible for damage, injury, or loss resulting from improper operation, misuse, unauthorized modification, overloading, improper maintenance, or operation outside the intended application of the product.

10. Warranty and After-Sales Service

TOUGH provides product warranty and after-sales support according to the applicable warranty terms associated with the purchased product.

Depending on the situation, after-sales support may include:

  • Technical consultation

  • Troubleshooting assistance

  • Operating guidance

  • Spare parts support

  • Replacement of qualified defective parts

  • Repair recommendations

  • Remote technical assistance

Warranty coverage is subject to the applicable product warranty terms.

Warranty coverage generally does not apply to normal wear and tear, consumable parts, accidental damage, improper operation, unauthorized modification, improper maintenance, or damage caused by circumstances outside normal product use.

11. Spare Parts and Replacement Parts

Customers may purchase spare parts and replacement components from TOUGH subject to availability.

Customers should provide accurate information such as:

  • Machine model

  • Serial number

  • Part number

  • Component name

  • Quantity required

Where possible, customers should provide photographs of the relevant component to help us identify the correct part.

Incorrect information supplied by the customer may result in incorrect parts being ordered.

12. OEM and ODM Products

TOUGH may provide OEM and ODM services for qualified customers.

Customized products may include:

  • Product configuration

  • Color

  • Branding

  • Labels

  • Packaging

  • Attachments

  • Technical specifications

  • Other agreed requirements

Customized requirements must be confirmed in writing before production.

Once customized production has started, changes or cancellations may be subject to additional costs or may not be possible.

13. Website Use

Customers may use this website for lawful business and purchasing purposes.

You agree not to:

  • Use the website for unlawful purposes

  • Attempt to interfere with website operation

  • Copy or reproduce website content without authorization

  • Misuse product images, trademarks, or copyrighted materials

  • Submit false or misleading information

  • Attempt unauthorized access to website systems

TOUGH reserves the right to restrict or terminate access to the website where necessary to protect our website, business, customers, or intellectual property.

14. Intellectual Property

Unless otherwise stated, the content of this website, including:

  • Company name

  • TOUGH trademarks and logos

  • Product images

  • Product descriptions

  • Videos

  • Graphics

  • Text

  • Website design

  • Marketing materials

is owned by or licensed to TOUGH and is protected by applicable intellectual property laws.

No content may be reproduced, modified, distributed, or commercially used without prior written permission.

15. Third-Party Services

Our website may contain links to or integrations with third-party services, payment providers, logistics providers, social media platforms, or other external websites.

TOUGH is not responsible for the content, availability, security, or policies of third-party websites or services.

Customers should review the applicable terms and privacy policies of third-party providers when using their services.

16. Limitation of Liability

To the extent permitted by applicable law, TOUGH shall not be liable for indirect, incidental, special, or consequential losses arising from the use, inability to use, or improper use of our products or website.

This may include losses relating to:

  • Business interruption

  • Loss of profits

  • Loss of business opportunities

  • Loss of production

  • Delays

  • Third-party claims

Nothing in these Terms of Service is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

17. Force Majeure

TOUGH shall not be responsible for delays or failure to perform obligations caused by circumstances beyond our reasonable control.

Such circumstances may include:

  • Natural disasters

  • War or armed conflict

  • Government actions

  • Epidemics or pandemics

  • Strikes

  • Port closures

  • Transportation disruptions

  • Supply chain interruptions

  • Severe weather

  • Fire

  • Power outages

  • Other events beyond our reasonable control

Where such circumstances occur, TOUGH will make reasonable efforts to communicate with affected customers and minimize the impact.

18. Changes to These Terms

TOUGH may update these Terms of Service from time to time to reflect changes in our products, services, business practices, or applicable requirements.

The updated version will be published on this page with a revised effective date.

19. Governing Terms

Orders and transactions may also be governed by the applicable quotation, purchase order, proforma invoice, sales agreement, warranty policy, shipping terms, and other written agreements between TOUGH and the customer.

If there is a conflict between these general website Terms of Service and a specific written sales agreement, the specific written agreement shall prevail to the extent permitted by applicable law.

20. Contact Us

If you have questions about these Terms of Service, our products, orders, or after-sales services, please contact us.

TOUGH International Trading Co.,Ltd.

Email: [toughcn@gmail.com]

Phone / WhatsApp: [0086-13682614486  0086-(537)-7171789]

We are committed to providing reliable products, professional technical support, and responsive service to customers and business partners worldwide.