Terms and Conditions
By accessing this site or by placing an order with Kaffenbarger Truck Equipment through any means you accept these terms of use. Please read this agreement carefully before accessing this web site. By accessing the site, or by placing an order through any means, you agree to be bound by the terms and conditions below. If you do not elect to be bound by these terms and conditions, you may not access or use this site or place an order through any means.
THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES.
IMPORTANT NOTE: PRICES LISTED ARE FOR ONLINE SALES ONLY! PRICES NOT ACCEPTABLE AT IN STORE LOCATIONS.
Your use of this site or your placing an order through any means following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.
Website Usage Restrictions
You may download and/or copy portions of the content for personal, non-commercial use only, provided that a) retain all copyright, trademark or other proprietary notices contained on the content, b) do not modify or alter the content in any way and c) do not make content available to any third party. Kaffenbarger Truck Equipment reserves complete title and full intellectual property rights in any content that you download from this Website.
You agree to use this Website only for lawful purposes. Prohibited actions include, but not limited to: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity.
Links to Third Party Sites
Please understand that when you access another web site through this one, Kaffenbarger Truck Equipment can accept no responsibility for your experience with the site. Links to other sites are provided for convenience only. You are fully responsible for your own decisions regarding your interactions or communications with any other web site.
Communications with Kaffenbarger Truck Equipment
We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Kaffenbarger Truck Equipment will be treated as nonconfidential and nonproprietary. All communications to Kaffenbarger Truck Equipment become the exclusive property of Kaffenbarger Truck Equipment and you agree that by transmitting any communication you relinquish all rights and interests in same. Kaffenbarger Truck Equipment shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Kaffenbarger Truck Equipment shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, Kaffenbarger Truck Equipment discourages you from transmitting information that you do not wish to assign to Kaffenbarger Truck Equipment, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Kaffenbarger Truck Equipment may copy all or part of your communication in any response(s) it makes to you.
Proprietary Rights
All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Kaffenbarger Truck Equipment Co., or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Kaffenbarger Truck Equipment or by third party who have licensed their rights to Kaffenbarger Truck Equipment.
Accuracy and Content
Kaffenbarger Truck Equipment is working hard to ensure that the information provided on the Kaffenbarger Truck Equipment site or advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, Kaffenbarger Truck Equipment does not guarantee the accuracy or completeness of the information provided on this site or advertisement. Kaffenbarger Truck Equipment reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
Kaffenbarger Truck Equipment does not warrant the accuracy, integrity or completeness of the content provided in this Website or advertisement, including any advice or other similar information obtained by you from us though this Website or advertisement. Kaffenbarger Truck Equipment makes no representation that the content provided in this Website or advertisement is applicable or appropriate for use in locations outside the United States.
No Warranties Limitation of Liability for Website, or any type of Kaffenbarger Truck Equipment Advertisement
In no event shall Kaffenbarger Truck Equipment, its Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website or any type of Kaffenbarger Truck Equipment advertisement or any content on this Website or any type of Kaffenbarger Truck Equipment advertisement, even if Kaffenbarger Truck Equipment or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website or any type of Kaffenbarger Truck Equipment advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website or any type of Kaffenbarger Truck Equipment advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Kaffenbarger Truck Equipment's total liability to you shall in no event exceed one hundred United States dollars (US$100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Warranties Limitation of Liability for Merchandise
All merchandise listed in this Website or any type of Kaffenbarger Truck Equipment advertisement is “as is” (to the extent allowed by law) and, unless otherwise specifically noted, is without warranties of any type, express or implied. Kaffenbarger Truck Equipment disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose.
Kaffenbarger Truck Equipment disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. Kaffenbarger Truck Equipment’s liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability.
Personal Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Shipping - Risk of Loss
All purchases from Kaffenbarger Truck Equipment are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Kaffenbarger Truck Equipment is not responsible or liable for any damage arising from shipment.
Return Policy
Kaffenbarger Truck Equipment retains the exclusive and sole right as to whether a purchase may be returned, exchanged or cancelled. Kaffenbarger Truck Equipment thus encourages customers to use caution when placing an order, as once placed the order can not be cancelled, nor the item returned or exchanged unless Kaffenbarger Truck Equipment expressly consents.
In order to obtain a refund or exchange, prior approval must be given by Kaffenbarger Truck Equipment. Please call 1-937-845-3804 (8AM-5PM, EST, Monday through Friday).
Generally, Kaffenbarger Truck Equipment will consider returns within thirty (30) days of purchase. Refunds are for the cost of product only; shipping and handling charges are not refundable.
Kaffenbarger Truck Equipment can not accept returns of gas or diesel-powered items once said items have been oiled and/or gassed. If said items have been gassed or oiled they need to be taken to an authorized service center for repair which may be covered under warranty.
At Kaffenbarger Truck Equipment's sole discretion, Kaffenbarger Truck Equipment may impose a fifteen percent (15%) restocking fee on items returned.
Privacy
Please click here to visit our Privacy Policy page.
Severability
The Terms and Conditions constitute the entire agreement between you and Kaffenbarger Truck Equipment with respect to this Website or any type of Kaffenbarger Truck Equipment advertisement. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Kaffenbarger Truck Equipment with respect to this Website or any type of Kaffenbarger Truck Equipment advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Kaffenbarger Truck Equipment. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Choice of Law
By use of this Website or any type of Kaffenbarger Truck Equipment advertisement, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Kaffenbarger Truck Equipment or its affiliates.
|
