Terms & Conditions

  1. TERMS AND CONDITIONS

Your use of the KillYourCactusNow.com web site (the “Site”) and our services, including phone orders, all purchases, and inquiries, from Kill Your Cactus is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below personally or as an agent for any business entity you represent. The term “Customer” means you or the business entity you are ordering goods or services for. If you do not agree to these terms and conditions, please do not use this site and please do not submit any orders for products or services. The terms and conditions posted on this website, including the warranty policy, are public information and must be adhered to by anyone doing business with Kill Your Cactus unless there is a written contract signed by an officer of Kill Your Cactus.

  1. GENERAL TERMS AND CONDITIONS
  2. Customer agrees that Kill Your Cactus is not liable for mismatched product pictures or mistakes in product information. Kill Your Cactus reserves the right to change products and specifications and those listed on the Site may not be current. Customer agrees to verify the specifications of each product with the order. Kill Your Cactus is only responsible for products named on the invoice.
  3. Our sales representatives are not authorized to make any representations or promises related to any product or services that exceed these terms and conditions and the warranty. Any additional provisions to your purchase must be made in writing signed by an officer of Kill Your Cactus.
  • Customer agrees that each item in a multi-item purchase from Kill Your Cactus shall be treated independently unless stated otherwise in the memo section of their order. That is, defect, replacement, and cancellation of one item does not constitute the voiding of the entire purchase. Each item shall be considered independently for warranty or refund purposes unless the customer has stated otherwise in the invoice memo.
  1. Customer agrees that shipping costs and expenses will not be refunded 90 days after we ship.
  2. It is the Customer’s responsibility to look over their email confirmation and make sure all shipping, billing and item purchased are correct. If you do not get an email confirmation, call us to see if the order went through. Do not submit multiple orders or you will end up paying full restocking and shipping fees.
  3. Order cancellation will be accepted by phone with a sales representative, or over the web (only before the order is processed). It cannot be done through email or by leaving voice mails. You can confirm order cancellation by requesting an e-mail confirmation. Cancellation on orders already charged carries a 4.9% credit card processing cancellation fee in addition to a 50% cancellation fee. If an order has already been built in our facility (entered Stage 4) but has not been shipped, there will be an additional 15% restocking fee which covers expenses for taking the machine apart and re-stocking the hardware.
  • Material fee for packaging, transportation, etc. are included in the shipping fee. Customer shall not be liable for additional shipping charges for purchases. Kill Your Cactus may choose to ship in multiple packages if needed, unless the customer requests otherwise, and agrees to shipping upgrades and upgrade fees. Kill Your Cactus does include shipping insurance with every FedEx and UPS shipment.
  • “Customer” agrees that Kill Your Cactus will not liable for shipper’s shipping delays.
  1. WEB ORDERING SECURITY

Protecting your information is a priority for us. We use 128-bit encryption Secure Sockets Layer (SSL) technology to protect the security of your online order information. When you are about to enter your credit card information, look at the bottom right corner of the browser window for the gold lock icon. Also you can look at your address bar and see if it starts with “https://”. Some versions of browsers and some firewalls don’t permit connection through secure servers. In that case, you won’t be able to connect to the server and therefore won’t be able to place an order through an insecure connection. If you cannot access the secure server for any reason, Please contact us to place an order, 1-800-348-1359.

  1. TRADEMARKS

All trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Kill Your Cactus and these companies.

  1. MAKING PURCHASES

If you wish to purchase products offered on the site, you will be asked to supply certain information, including but not limited to ag/timber tax exemption information, credit card or other payment information. You agree that all information you provide to Kill Your Cactus will be accurate complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.

  1. WHERE WE SHIP

We ship to any physical address that the shipper/courier can ship to domestically or internationally. We cannot accommodate (“Customer”) who need to have an item shipped to an APO/FPO address or PO Box depending on the circumstances. Due to the number of wrong addresses provided by customers, we now charge the face value that the shipper/courier charges us to reroute your package if you did not enter the address correctly. This charge is anywhere from $5-$2500 and you agree if your address is wrong, Kill Your Cactus is authorized to charge your credit card for these fees.

  1. WHEN WE SHIP

Orders received before 3:00 PM CST are usually processed the same day for product build. Products are shipped only after build, which can take up to 15 days on a standard basis. Your order may be delayed if your ship to address does not match what your credit card issuer has on their file. Some orders with parts that are shipped from fulfillment warehouses may require longer for the item to ship. We may also ship the orders with multiple items from different warehouses so it is possible you get the items on different days. Due to the many circumstances such as unable to charge your card or verify your address, we cannot guarantee when your order is shipped out. Also if you choose next day air service, it does not necessarily mean you will get it the next day from the order date, it means that you will get it the next day from the date we ship the order. Kill Your Cactus reserves the right at any time after receipt of your order to delay your order for any reason.

  1. SHIPPING DELAYS

Once an order is shipped, it is up to the shipper courier to deliver the products; we will not be able to stop the shipment once it is shipped. If the shipper/courier loses the package, the shipper courier may put a tracer on the package. Tracers take around 3 days for air packages and 7 business days for ground packages. These estimates may vary. We will not be able to ship out replacement packages until the shipper courier confirms that the package is lost/will not be delivered to its destination and they will reimburse us. Without confirmation from the shipper courier, we will not know for sure if you will get two shipments if we ship out another one. Another delay is if there is no one to sign for the package, every package we ship usually requires a signature, if a package is returned to us because no one was available to sign for it or the address was input incorrectly at the time you enter the order, you will be charged again to ship it out a second time.

  1. PRICING AND TYPOGRAPHICAL ERRORS

Due to the fast pace of the farming industry, all prices are subject to change without notice. We make every effort to list the most accurate, up to the minute information. Despite our efforts, some items on our website may be miss-priced. If a product is listed at an incorrect price due to a typographical, photographical, or technical error or error in pricing from our vendors, Kill Your Cactus reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. If your credit card has already been charged for the incorrect price, we will immediately refund your card and cancel your order. You may also repurchase it for the correct price if you wish to. Due to the volatility in pricing for farming products, we do not match competitor’s pricing and we will not offer price protection beyond the 24hours of purchase. Example: Tractor Supply Co. drops the price of their hydraulic cylinders 5 days after your purchase, that is beyond our control and our cost for that same cylinder when we shipped is also much higher than our current selling price. We will not be able to refund the difference since we had to purchase the cylinder at a much higher cost to send it to you when you place your order.

  1. ORDER ACCEPTANCE POLICY

Your receipt of an electronic or phone order confirmation does not signify our acceptance of your order. Kill Your Cactus reserves the right at any time after receipt of your order to accept or decline your order for any reason.

  1. DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD

YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO KILL YOUR CACTUS, ARISING FROM ANY PRODUCT SOLD BY KILL YOUR CACTUS, SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL KILL YOUR CACTUS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

  1. DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE KILLYOURCACTUSNOW.COM WEBSITE. THE KILLYOURCACTUSNOW.COMWEB SITE AND THE MATERIALS THEREIN ARE PROVIDED “AS IS”. KILL YOUR CACTUS. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE KILLYOURCACTUSNOW.COM SITE, THEIR OPERATION, CONTENTS, INFORMATION, OR MATERIALS ON THE SITE. KILL YOUR CACTUS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR THEIR USE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT KILL YOUR CACTUS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE KILL YOUR CACTUS SITE AND ALL OF IT’S PRODUCTS AND SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
  2. TITLE TRANSFER

KILL YOUR CACTUS retains title to parts and complete systems purchased until the said purchaser pays for items in full at which time the title passes to purchaser.

  1. GOVERNING LAW

You agree that any legal action brought against Kill Your Cactus shall be governed by the laws of the State of Texas without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any arbitration arising from your use of or orders and purchased made on the Kill Your Cactus sites or from Kill Your Cactus shall be in McLennan County, Texas. All actions between the parties related to purchases and sales from Kill Your Cactus shall be resolved by binding BBB arbitration in McLennan County Texas.

  1. RETURNS

Refunds are only issued for the sale amount at current selling market value (see section “O”) of the component(s) inside the farming, and does not include freight charges after 90 days of delivery.

Additionally, a 15% restocking fee is applied to machine system unless all of the three items below have been met:

  1. Your purchase is returned to Kill Your Cactus within 90 days of original delivery.
  2. There are defective hardware component(s) inside the machine such as a misshapen steel part causing stability/performance issues.
  3. Kill Your Cactus or a third-party company contracted by Kill Your Cactus has verified that the stability/performance issues are in direct result of the hardware inside the machine and NOT a result of operator mishandling, such as using the machine in a manner that does not conform to the manner specified in the operator’s manual, tampering, or any and all modifications made to the machine that did not originate from our production facilities.

Kill Your Cactus cannot offer a full refund for the purchase price of the product(s) unless the product is returned to the original facilities that produced it within 90 days of delivery, there were issues such as defective hardware component(s) inside the machine such as a misshapen steel part causing stability/performance issues, and Kill Your Cactus or a third-party company contracted by Kill Your Cactus has verified that the stability/performance issues are in direct result of the hardware inside the machine and NOT a result of operator mishandling, such as using the machine in a manner that does not conform to the manner specified in the operators manual, tampering, or any and all modifications made to the machine that did not originate from our production facilities. The returned merchandise must include its original packaging, manuals, and all accessories. All sales on electronic items are final. Opened accessories such as camera units and receiving monitors will not be refunded. After 90 days of delivery, Kill Your Cactus will not refund shipping costs and will not pay shipping for returning packages. ORIGINAL SALES RECEIPT REQUIRED FOR ALL RETURNS. THE 90 DAY MONEY BACK GUARANTEE IS ONLY HONORED IF THE ENTIRE MACHINE SYSTEM IS RETURNED TO KILL YOUR CACTUS WITHIN 90 DAYS FROM DATE OF ORIGINAL DELIVERY AND THE MACHINE MUST HAVE DEFECTIVE HARDWARE. OTHERWISE, THE CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING FEES FOR RETURNS. THE REFUND VALUE WILL BE THE FULL PURCHASE PRICE OF A NEW KILL YOUR CACTUS MACHINE OF EQUIVALENT CAPABILITY AT CURRENT MARKET VALUE. Before making any return, remove any personal information, confidential information or private content off your machine which you do not want viewed or used by any third party. Kill Your Cactus is not liable for lost data or misuse of data on machines that are returned for any reason.

  1. WARRANTY SERVICE

Kill Your Cactus will cover shipping costs back and forth and replace any part(s) within the first 90 days of receiving your machine system. After 90 days you will be held liable for shipping costs back and forth, and Kill Your Cactus will honor warranty service and replacement only, not for shipping. Kill Your Cactus may also use similar products or similar to new products for all repairs to machine systems order if the product first indicated is out of stock. For example: If a certain wireless camera, such as a , such as a JVE-2009 High Quality Baby Monitor is out of stock, Kill Your Cactus replaces it with a equivalent such as a 3rd Eye 5.8GHz wireless Baby Monitor. Kill Your Cactus uses an equal or better product at no cost to the customer. If you request for Kill Your Cactus to use a specific product for your order and would not like to substitute it with alternatives, please indicate it with an email to management@KillYourCactusNow.com and on the return package.

  1. REFUSED SHIPMENTS

Any product that Kill Your Cactus ships out to Customer comes back to Kill Your Cactus as refused delivery, Customer will be subject to fees. A restock fee of 15% will be applied to machine system. Also, shipping fees sending the package to the Customer and receiving the package back from the Customer will not be refunded. Also, 50% of their original order price, not including the above mentioned shipping and restock fees will not be refunded.

  1. CURRENT MARKET VALUE

Since every machine system is customized to the Customer’s needs, it becomes difficult to return machine systems for a full refund. If you are having defective parts issues with the machine system within 90 days of delivery, we will be more than happy to offer a full refund, including shipping costs for the purchase price of the machine at its current market value. For example, if you purchased a system from Kill Your Cactus at the price of $1,500.00, and you are requesting a full refund at day 30 (and you have a verified defective hardware component such as a misshapen steel part causing stability/performance issues within the first 90-days of original delivery) we will offer a full refund for the order and shipping. If the same system is now available for $1,600.00, Kill Your Cactus will issue a refund of $1,500.00 which will allow you to still purchase a machine with the same configuration that you originally ordered at $1,500.00. The customer will be liable to costs that exceed this amount. In this case, they would be liable for $100 dollars on a $1600 machine, as well the shipping fees to send out the new machine. This protects the customer and Kill Your Cactus from price adjustments from manufactures that are out of both Kill Your Cactus and the customer’s control. In the end, the customer will still be able to buy a new machine with the same specifications from the original purchase.