Terms of Service

Terms of Service

Last updated: April 20, 2026

These Terms of Service ("Terms") govern your use of bigdigusa.com and any purchases you make from Big Dig USA ("we," "us," "our"). By accessing the site or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the site or make a purchase.

Eligibility

You must be at least 18 years old and legally able to form binding contracts to place an order. By purchasing, you represent that you meet these requirements and that the payment method you use belongs to you or that you are authorized to use it.

Products

We make every effort to display product images and specifications accurately, but we do not guarantee that your device will display colors accurately, that every specification is precisely reproduced, or that products will match your expectations in every detail. Product specifications, pricing, and availability are subject to change without notice. We reserve the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, or inventory issues, with a full refund as the sole remedy.

Orders and Payment

Your order is an offer to purchase, which we may accept or decline. An order confirmation email is not a guarantee of acceptance — acceptance occurs when we begin export processing. All prices are in US dollars. You authorize us to charge the full purchase price, including applicable taxes, to the payment method you provide at checkout.

Sales tax is charged where required by law based on your shipping address. You are responsible for any import duties, tariffs, or taxes imposed on shipments to non-US addresses.

Shipping, Returns, and Warranty

Shipping, returns, and warranty are governed by our Shipping Policy, Refund Policy, Returns & Exchanges page, and Warranty Terms. Those documents are incorporated into these Terms by reference and are part of our agreement.

Use of the Equipment

You assume all risk associated with the use of equipment purchased from Big Dig USA. Heavy equipment is dangerous. You agree to:

  • Read the manufacturer's operator's manual in full before operating the equipment
  • Follow all safety procedures, including use of personal protective equipment (eye protection, hearing protection, steel-toed boots, etc.)
  • Not allow persons who have not read the manual and received operating instruction to use the equipment
  • Not operate the equipment under the influence of alcohol, drugs, or prescription medications that impair judgment or reaction time
  • Maintain the equipment according to the manufacturer's schedule
  • Comply with all federal, state, and local laws and regulations that apply to your use of the equipment, including OSHA requirements if you use the equipment in a commercial operation

Assumption of Risk and Release

YOU UNDERSTAND AND ACKNOWLEDGE THAT OPERATING POWER EQUIPMENT INVOLVES INHERENT RISK OF SERIOUS INJURY OR DEATH. BY PURCHASING AND USING EQUIPMENT FROM BIG DIG USA, YOU VOLUNTARILY ASSUME ALL SUCH RISKS AND RELEASE BIG DIG USA FROM ANY CLAIM FOR INJURY OR DAMAGE ARISING FROM YOUR USE OF THE EQUIPMENT, EXCEPT TO THE EXTENT CAUSED BY A MANUFACTURING DEFECT COVERED UNDER THE MANUFACTURER'S WARRANTY.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIG DIG USA'S TOTAL LIABILITY ARISING FROM OR RELATING TO YOUR PURCHASE AND USE OF THE PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. WE ARE NOT LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOST DATA, COST OF SUBSTITUTE GOODS, OR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION — CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — AND SURVIVES THE FAILURE OF ANY LIMITED REMEDY'S ESSENTIAL PURPOSE.

Some states do not allow the exclusion of incidental or consequential damages, so the above limitations may not apply to you in full.

Indemnification

You agree to defend, indemnify, and hold harmless Big Dig USA, its officers, employees, and manufacturers from any claim, damage, liability, or expense (including reasonable attorneys' fees) arising from: (a) your use or misuse of the equipment; (b) your violation of these Terms; (c) your violation of any law or regulation; (d) third-party claims arising from your operation of the equipment.

Dispute Resolution — Binding Arbitration

Any dispute arising out of or relating to these Terms, your purchase, or the products shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Atlanta, Georgia, or remotely at the arbitrator's discretion. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.

Class Action Waiver. You agree to resolve disputes on an individual basis only and waive any right to bring or participate in a class action, collective action, or consolidated proceeding. The arbitrator may not consolidate claims or preside over a class proceeding.

Exception. Either party may bring claims in small claims court if the claims qualify, so long as the action remains in that court and is brought on an individual basis.

Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of those courts.

Changes to Terms

We may modify these Terms at any time by posting the updated version on our website. Your continued use of the site or placement of new orders after the update constitutes acceptance of the revised Terms. Terms in effect at the time of your order govern that transaction.

Severability and Entire Agreement

If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. These Terms, together with our Shipping, Refund, Returns, Warranty, and Privacy policies, constitute the entire agreement between you and Big Dig USA regarding your use of the site and your purchase, superseding any prior or contemporaneous agreements, communications, or proposals.

Contact

Big Dig USA
Email: partshubhq@gmail.com
Phone: (470) 892-9063