Terms and Conditions
Trail Tech products can be purchased by executing a verbal order, a written purchase order or by means of the faxed order form found on our website. A confirmation is provided on all orders received and no order shall be deemed accepted until a confirmation is provided. Upon a buyer placing a purchase order and Trail Tech’s acceptance of that order, the Terms and Conditions of Sale set forth in this document are agreed upon by the buyer and are considered in effect and form a part of the order. Trail Tech does not accept any other conditions governing the sale of products unless otherwise accepted by Trail Tech in writing before order is placed. Trail Tech has no minimum order.
2. Prices and Terms of Payment
Orders are accepted subject to Trail Tech's published selling price or written quotation in effect at the time of product order. Payments are to be made in US Dollars collectable at par at a US Bank. Payment in full is expected at the time of product shipment unless other terms or arrangements have been agreed upon by Trail Tech. Trail Tech offers customers the following payment options:
- Credit Card: Trail Tech accepts American Express, Discover Card, MasterCard and Visa.
- Prepay by Check or Money Order: If you would like to prepay for your shipment by advanced check or money order, please contact us for a Proforma invoice total, which will include shipping and any other applicable charges.
- Prepay by ACH or Wire Transfer: Please contact Trail Tech for a Proforma invoice total which will include shipping costs and any other applicable charges. To cover bank fees incurred for ACH or wire transfers, Trail Tech reserves the right to charge a fee to the Proforma invoice. Once Trail Tech's financial institution provides notification of funds received we will build and ship your order.
Trail Tech offers non retail U.S. customers the following payment options in Trail Tech’s discretion:
- NET 30: Trail Tech offers Net (30) day terms to U.S. companies which have a history of paying their invoices within net (30) day terms and purchasing a minimum of $5,000 USD annually. Trail Tech will agree to such terms upon Trail Tech agreeing to and receiving an executed Trail Tech Net (30) Agreement signed by an authorized buyer. Prior to Trail Tech offering a Net (30) Agreement, the following may be required: four Net 30 credit references (with history over 1 year) which Trail Tech has been able to contact and received a response back and a Dun and Bradstreet number for the address of your accounts payable department. A time period of up to one working week is required from the receipt of the signed Net 30 agreement to the opening of the Net 30 account.
- All duties & taxes are the customers' responsibility.
- Trail Tech ships Ex Works.
- In the discretion of Trail Tech, invoices shall bear interest at 1% per month from the date on which such invoices become overdue until the day of payment, or at the maximum rate of interest permitted by law, whichever is less.
3. Right of Refusal
Trail Tech reserves the right to refuse any order or purchase order, verbal or written, that it deems to be unreasonable or stipulates Terms and Conditions of Sale that are in conflict with Trail Tech's standard Terms and Conditions of Sale, or for any reason at the discretion of Trail Tech.
4. Cancellation and Charges
Each order is built to the customer's specifications. Many orders are released to the factory for assembly within hours of the order being placed. Therefore, depending on the manufacturing status and nature of the request, order cancellation or changes may not be allowed or may incur additional cancellation, restocking or manufacturing charges. Scheduled deliveries cannot be changed within one week of ship date.
5. Washington State Sales Taxes
Trail Tech product pricing or shipping costs does not include Washington State sales taxes. The taxes are the responsibility of the buyer and will be added as a separate line charge on the invoice. Washington State sales taxes may be waived if a valid reseller ID certificate is provided to Trail Tech at the time of product order. Washington State sales taxes are only applied to businesses or residents with a physical location inside the state of Washington.
6. International Duties & Taxes
Trail Tech product pricing or shipping costs does not include international duties and taxes. Any charges for customs clearance, import duties and taxes are payable by the recipient. Customs policies vary widely between countries. The rates are determined by the customs brokers for each country and paid by recipient upon arrival of goods. Trail Tech cannot determine what these fees may be and is not liable for any import duties or taxes. Please contact your local customs office for further information.
All shipments are FOB shipping point. Trail Tech offers UPS shipping, either prepaid or on customer carrier account; FedEx shipping on customer carrier account only; and DHL on customer carrier account only for International customers, please see our complete shipping policy at - http://trailtech.net/shipping.html. All shipping and costs are the buyer's sole responsibility unless the order meets the following requirements: is placed by a retail (end user) customer; the order is to be shipped to a United States destination; the product total (before taxes) exceeds $100.00; and the customer selects the “Free Shipping” option during website checkout, or requests it if placing a phone order. Shipping or delivery dates are not guaranteed, but are based upon best information available at the time and are subject to change without notice. Trail Tech will not be held responsible for any costs, damages or fees relating to parts arriving earlier or later than quoted. Special requirements for packaging must be identified at the time of order and may be subject to additional charges. All duties & taxes are the customers' responsibility.
An RMA (Return Material Authorization) number is required to return any product to Trail Tech. RMA numbers are only issued by Trail Tech's sales group and must be clearly marked on the outside of the returned material package. Shipping charges must be prepaid for any returned materials. International RMAs must state that the product is returning to the 'Country of Origin' on all return paper work in order to avoid additional customs fees.
If it is necessary to return product for repair, please contact the Trail Tech technical support team to obtain an RMA number. Along with the RMA, the return must include a valid purchase order number, return billing and shipping instructions, as well as a contact name and telephone number. Please include a brief description of your application and information regarding the problem with the product. All shipping charges on returned products must be prepaid. All repairs are FOB Trail Tech's factory.
Please find the complete Trail Tech Warranty Service Policy at - http://trailtech.net/warranty.html. Trail Tech’s warranty policy does not apply to defects resulting from the following: (i) damage caused by Customer or Customer’s employees, agents or representatives, (ii) unauthorized modification, (iii) abuse or misuse, (iv) operation outside of Trail Tech’s published specifications for the product. No other warranty, guarantee or representation is expressed or implied to include, but not limited to, warranties of merchantability or fitness for a specific or particular purpose or use.
11. Warranty Claim Procedure and Remedy
In order to make a warranty claim, Customer must: (1) promptly notify Trail Tech of any perceived warranty defect which occurs during the warranty term, and (2) upon concluding that a warranty defect exists, Customer must promptly return the product which is perceived to be defective to Trail Tech for a determination whether in fact a warranty defect exists. Authorization must be obtained before returning products based on alleged warranty defects (see Paragraph 8 above for the return procedure). If Trail Tech determines that in fact a warranty defect exists, Customer’s sole remedy shall be, at Trail Tech’s option, (1) repair, (2) replacement, or (3) refund of the purchase price paid. Please note that under no circumstance will Trail Tech be liable or responsible for warranty service performed other than by Trail Tech.
In no case shall Trail Tech be liable for indirect, punitive, incidental, consequential, or special damages to include but not limited to damages for loss of business, loss of revenue, loss of profit, loss of use or loss of other economic advantage, however caused and regardless of theory of liability, even if Trail Tech has been advised of the possibility of such damages. Trail Tech's liability for damages shall in no event exceed (under any legal or other theory of recovery) the sum paid to Trail Tech for the product causing the damages. Further, Customer agrees that its sole remedy for damages shall be limited, at Trail Tech’s sole discretion to repair, replacement, or purchase price refund only after the product is returned in accordance with return policies.
Trail Tech shall not be held responsible for delay if caused by or arising directly or indirectly from fires, floods, earthquakes, substantial damage to its plant, accidents, riots, open hostilities, declarations of national emergencies, war, government interferences or embargos, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies or any other cause or causes beyond its control.
14. Inspection and Acceptance
Products shall be deemed finally inspected and accepted within (10) days after receipt unless notice of claim is given in writing to Trail Tech within such (10) day period.
15. Agreement with Terms and Conditions by using Trail Tech Web site
By using the Trail Tech Web site, you agree to accept these terms and conditions. Make sure you read these terms and conditions carefully, because if you do choose to use our Web site, you automatically agree to them. If you do not agree with our terms and conditions, please do not use our Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Please check this page periodically for changes. Your continued use of our Web site following the posting of changes to these terms will mean that you accept those changes.
PLEASE BE ADVISED THAT TO THE EXTENT THAT TRAIL TECH PROVIDES ANY CONTENT FROM THIRD PARTIES, SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND TRAIL TECH CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.
16. Restrictions on the Use of the Materials in Our Web Site
The Trail Tech Web site and all of its content are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Web site is the exclusive property of Trail Tech, Inc. and may not be used for any purpose other than browsing, shopping, and using the services and information provided for your own private use. Additionally, the names and logos of Trail Tech, some of which are listed below, are trademarks and/or service marks of Trail Tech, Inc.
The following are some trademarks and service marks used by Trail Tech: EclipseTM, TorchTM, EnduranceTM, LynxTM, VaporTM, X-BarsTM and other Trail Tech graphics, logos, and service names are trademarks of Trail Tech, Inc.
These trademarks and service marks may not be used by any party other than Trail Tech, Inc.
Also, to the extent that we include certain trademarks owned by other parties in our Web site, these trademarks are property of their respective owners.
You agree not to copy, reproduce, or modify any portion of trailtech.net. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which Trail Tech owns or has the right to use.
Material can be downloaded onto one computer for personal, non-commercial use only, provided copyright, trademark, or other proprietary notices are not changed or deleted. Any modification of the materials on our Web site or use of them for any other purpose will violate our intellectual property rights (and probably the intellectual property rights of some other parties).
Everything you download--the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it--remains our property. That means that we retain full and complete title to the software and to all of the associated intellectual property rights. You cannot redistribute or sell the material--or reverse-engineer, disassemble, or otherwise convert it to any other form.
Be aware that sometimes we provide access to other Web sites from our Web site. We don't endorse or approve any products or information offered at sites you reach through our Web site.
17. Materials Submitted to Us
We welcome any comments you may have regarding Trail Tech's Web site, merchandise, and services. Any comments you submit to us through our site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any submission you make, including its legality, reliability, appropriateness, originality, and copyright.
18. Online Conduct
Any conduct by you that in Trail Tech's sole discretion restricts or inhibits any other user from using or enjoying our Web site will not be permitted. You agree to use our Web site only for lawful purposes. You are prohibited from posting on or transmitting through our Web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
19. Disclaimer and Limitation of Liability
None of what follows affects in any way our return policy at trailtech.net. If for any reason you are not satisfied with a purchase that you make from our site, please return it. The following, though, is important information about your use of this site.
THE TRAIL TECH WEB SITE CONTENT IS PROVIDED ON AN AS IS AS AVAILABLE BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAIL TECH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TRAIL TECH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR WEB SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
THIS WEB SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. TRAIL TECH THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.
Trail Tech considers information about our customers an important part of our business. Confidential customer information is not provided to others without the consent of that customer.
21. Law Governing
These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of Washington. Trail Tech reserves the right to bring any civil action in Washington, arising from your violation of the terms and conditions of this Agreement.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Trail Tech may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.