Trux Accessories
TERMS AND CONDITIONS OF SALE TO DIstributors
Last Updated Date: April 22, 2024
1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
By placing an order for any product listed on the Trux Accessories (referred to as “us“, “we“, or “our” as the context may require) web site, https://truxaccessories.com/ (this “Site”) (the “Product“), you affirm that: (i) you are of legal age to enter into this agreement, (ii) you are purchasing the Product in your capacity as a distributor with the appropriate login credentials (“Distributor”), and (iii) you accept and are bound by these terms and conditions of sale (these “Terms”). You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company with these Terms.
You may not order or obtain Products from this Site if you: (i) do not agree to these Terms; (ii) are not a Distributor; (iii) are not the age of majority in your province, territory, or state of residence; or (iv) are prohibited from accessing or using this Site or any of this Site’s contents or Products by applicable law.
These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to on the Site. You should review these Terms before purchasing any Product that is available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site. You should also carefully review our Website Privacy Policy before placing an order for Products through this Site.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, for all Products listed in your order. All orders are subject to Product availability and must be accepted by us. We are under no obligation to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We may also put an order on hold or cancel it if a Distributor’s account is not in good standing.
3. Prices and Payment Terms.
a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be displayed in the Distributor account dashboard under the Recent Orders and Invoice tab. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b) Payment must be received by us before our acceptance of an order or as otherwise agreed to in accordance with our payment terms.
c) All payments must be made by cheque or by automated clearing house (“ACH”) payment. We do not accept credit cards.
4. Shipments; Delivery; Title and Risk of Loss.
a) We are pleased to drop ship your order anywhere within the Continental USA and Canada. Please be aware that additional fees may apply to shipments going to lift gates or residential addresses. Trux cannot ship to a post office box; therefore, drop ships must have a valid street address.
b) Title and risk of loss pass to you upon delivery. Delivery times may vary and do not include weekends and statutory holidays. We are not liable for any delays in shipments or for deliveries to the wrong address or wrong person based on inaccurate or incomplete information you provided to us.
c) In the unforeseen event that you receive a shipment from Trux that looks damaged, please follow these steps for a quick replacement:
- Sign the receipt of shipment as damaged: mark “DAMAGED” on all delivery paperwork;
- Do not disassemble the pallet. Rather take clear and multiple pictures of the damage and send the pictures to a Trux Customer Service Representative at customerservice@truxaccessories.com;
- Contact your Trux Customer Service Representative immediately at 1-888-950-2227; and
- Do not discard any items unless authorized by your Trust Customer Service Representative.
Failure to notify Trux of damage within 48 hours of receipt of delivery absolves Trux of any responsibility for replacement or credit.
5. Returns and Refunds.
We will accept a return of our Product for a credit of your purchase price only upon the following terms:
a) The wrong Product was ordered by the Distributor in which case we will charge a 20% restocking fee;
b) The wrong Product was shipped by Trux – no restocking fee;
c) The Distributor receives an over-shipment of Products from Trux – no restocking fee;
d) If the Product was received damaged – no restocking fee provided damages are reported within 48 hours of receipt (proof of damages and digital images required).
All returns must be authorized by your Trux Representative prior to return. All RMA requests must be submitted to: customerservice@truxaccessories.com. Please note that:
a) If Distributor pricing labels are present on returned products, then we reserve the right to charge a 35% restoking fee or refuse to accept a return.
- b) The Distributor will cover the shipping costs of returning the items unless otherwise agreed to by a Trux Customer Service Representative.
- c) If a Product is not returned within 60 days of request – RMA will be considered outstanding and will be closed.
Trux cannot guarantee a full credit for any item that is returned incomplete or damaged. For all returns, it is the responsibility of the Distributor to ship the product back with appropriate packaging to avoid damages while in transit. Failure to do so risks a partial or zero credit. Refunds for returns are issued in the form of a credit, which remains valid for one year from the issuance date. After the one-year period, the credit will be canceled. Trux does not issue refund checks for returns, and credits will be processed within 30 days of return.
6. Limited Warranty.
The warranties applicable to our various products are set out in our Warranties Policy.
7. Limitation of Liability.
a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS SOLD THROUGH THE SITE.
c) The limitation of liability set forth in Section 7.b) shall not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.
8. Account Set-Up and Security
Distributors may wish to establish a user account as this might give them access to more features and functionality. Establishing a user account bears no fee, but a user account is subject to the terms set out in the Your use of the Website and Account Set-Up and Security section of the Trux Website Terms and Conditions of Use.
9. Privacy.
We respect your privacy and are committed to protecting it. Our Website Privacy Policy governs the processing of all personal information collected from you in connection with your purchase of Products through the Site.
10. Governing Law and Choice of Forum.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the province of Quebec or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Site and under these Terms and Conditions will be instituted in the courts of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
11. Assignment.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers.
The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Trux Accessories.
13. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
14. Notices.
a) To You. We may provide any notice to you under these Terms by sending a message to the email address you provide and consent to us using. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by electronic mail at: privacy@truxaccessories.com or (ii) by personal delivery, overnight courier, or registered or certified mail to:
Trux Accessories
2115 Dagenais O., Laval
Quebec, H7L 5W9
Canada
We may update the electronic or physical mail address for notices to us by posting a notice on the Site. Notices provided by personal delivery and email will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
15. Severability.
If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
16. Entire Agreement.
Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
