TURN OFFROAD'S | Terms and Conditions
Please carefully read the terms and conditions of use below. These terms and conditions govern product sales and service projects, and any additional or different terms or conditions delivered by the customer are rejected. By accepting delivery of products or engaging Turn Off Road to provide products or services, the customer agrees to these terms and conditions, unless a separate agreement has been signed. The types of products or services and their descriptions on the website do not constitute part of the agreement unless stated.
These terms and conditions form a binding contract between the customer and Turn Off Road. They are subject to change without notice, but the terms and conditions in effect at the time of the order will govern. Customers can receive electronic records and may withdraw consent to receiving electronic records. Electronic signatures are equivalent to written and signed documents. Purchase orders are for administrative purposes only and any additional terms and conditions contained in them are void. This agreement contains the entire understanding of the parties and supersedes all prior agreements.
These terms and conditions, along with any statements of work, services, or product sales, will be governed by California state law. Any legal action or arbitration related to these terms and conditions will take place exclusively in Riverside County, California. Both parties agree to this jurisdiction and waive the right to change venue. Any legal action must be brought within one year of the cause of action, except in cases of nonpayment. The remedies provided by these terms and conditions are in addition to any other available at law or in equity.
Risk of Loss
If Customer gives their carrier account number or chooses a carrier not regularly used by Seller, they take responsibility for the Products and any damages or losses during shipment from the moment they are delivered to the carrier (F.O.B. Origin, freight collect). For all other shipments, the responsibility for the Products and any damages or losses during shipment passes from Seller to Customer when they are delivered to the specified destination (F.O.B. Destination, freight prepaid and added).
These terms and conditions outline the ordering process for products and services from Seller, including Third Party Services. In the case of Third Party Services, Seller acts as a sales agent, and the third party providing the services is solely responsible for any loss, claims or damages arising from the provision of such services. Customer releases Seller and its Affiliates from any and all claims related to the purchase or provision of Third Party Services.
Each Statement of Work or Sales Order is a separate agreement between the parties, and any conflict between the terms of the Statement of Work or Sales Order and these Terms and Conditions will be resolved in favor of these Terms and Conditions. Changes to the scope of Services must be agreed upon in writing by both parties and will be governed by these Terms and Conditions and the applicable Statement of Work or Sales Order. Each Statement of Work or Sales Order may be signed in separate counterparts.
This section outlines the Customer's responsibilities in cooperating with the Seller in the provision of Services. The Customer agrees to provide timely responses to inquiries and requests for approvals and authorizations from the Seller, as well as access to any information or materials reasonably requested by the Seller. The Customer must also provide all Required Consents necessary for the Seller to provide the Services, which means consents or approvals required to give the Seller, its Affiliates, and its and their subcontractors the right or license to access, use and modify all parts OEM and third party products.
The Customer acknowledges that the completeness and accuracy of information provided by them, as well as the knowledge and cooperation of their Personnel, are crucial for the successful provision of Services by the Seller. The Seller will follow all reasonable Customer security rules and procedures communicated in writing by the Customer from time to time.
This section describes the locations where the Services may be performed and the access that Seller will need to perform the Services. The Services may be performed at Customer's place of business, at Seller's own facilities, or at other mutually agreed-upon locations. If the Services are performed at Customer's premises or at another location designated by Customer, Customer will provide access to its staff and resources that Seller deems necessary or useful. If the Services are provided at Customer's premises, Seller will try to perform the Services within Customer's normal business hours unless the parties agree otherwise.
Customer is also responsible for maintaining adequate insurance coverage to protect Seller and Customer's premises, and for indemnifying and holding Seller and its Affiliates, agents, and employees harmless from any loss, cost, damage, or expense (including attorneys' fees and expenses) arising out of any product liability, death, personal injury, or property damage or destruction that occurs at such a location in connection with the performance of the Services, unless such liability solely results from Seller's gross negligence or willful misconduct.
This section outlines the payment terms and conditions for orders and services provided by the Seller. The acceptance of orders is at the sole discretion of the Seller. Standard orders placed on any website(s) require full payment at the time of order during the check-out process. Payment terms are at the discretion of the Seller, and in connection with services provided, payment will be made in accordance with any payment schedule set forth in the applicable Statement of Work or Sales Order.
Invoices are due upon delivery and payable before transfer of possession, subject to continuing credit approval by the Seller. The Customer is responsible for all applicable taxes and fees imposed on the Products or Services, including sales, use, transaction, excise, or similar taxes and any federal, state, or local fees or charges. The Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation.
In the event of a payment default, the Customer will be responsible for all of the Seller's costs of collection, including court costs, filing fees, and attorneys' fees. The Seller reserves the right to suspend services until payment is received, and the Customer grants a security interest in the Products to secure payment in full.
The Customer will also reimburse the Seller for all reasonable out-of-pocket expenses incurred in connection with the performance of the Services, including travel and living expenses, unless otherwise specified in an applicable Statement of Work or Sales Order.
This section pertains to the export of items subject to the Export Administration Regulations. It prohibits the customer from diverting, using, exporting or re-exporting such items in violation of United States law. The customer is also not allowed to export, re-export, or provide such items to any entity or person within any country subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The customer is further prohibited from exporting, re-exporting, or providing such items to entities and persons ineligible under United States law to receive such items, including those on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List.
The section also mentions that manufacturers' warranties for exported Products may vary or may be null and void for Products exported outside the United States.
TURN Off Road promises that all parts it makes, and sells under this agreement, will be free from defects in material and workmanship for one year from the date of purchase. This warranty covers only the cost of the product, not the cost of installation, labor, freight, normal wear and tear, abuse, damage caused by misuse or collision, or any consequential damages such as expenses or delays caused by inspection or repair.
This warranty will not apply if the product has been altered, modified, misused, mishandled, neglected, or improperly installed. To claim the warranty, the purchaser must notify TURN Off Road within one month of discovering any defects, return the defective product at their expense within the warranty period, and allow TURN Off Road to examine the product and confirm that the defect was not caused by negligence, misuse, improper maintenance, accident, or unauthorized repair or alteration.
This warranty is not transferable, and TURN Off Road's liability is limited to repairing or replacing the defective product with equivalent products within a reasonable time. If the product is repaired or replaced, the original warranty period does not get extended.
If the seller is not the manufacturer of the products, the warranties offered are only those of the manufacturer, and the customer is relying on the manufacturer's specifications alone. The seller and its affiliates expressly disclaim all other warranties, including any warranty of title, accuracy, merchantability, fitness for a particular purpose, non-infringement, or any warranty relating to third-party services.
The seller warrants that the products and/or services will be performed in a good and workmanlike manner. If the services are not performed in substantial compliance with this warranty, the customer's sole remedy is for the seller to either re-perform the services or refund the amounts paid by the customer related to the portion of the services not in substantial compliance. This warranty is subject to applicable law, and the seller disclaims all other warranties, express or implied.
The seller will not be liable for any delays in delivery or performance resulting from circumstances beyond its reasonable control, such as product unavailability, carrier delays, weather conditions, power failure, labor problems, acts of war, terrorism, embargo, acts of God, or acts or laws of any government or agency. Any shipping or completion dates provided by the seller are estimates only.
Pricing Information; Availability Disclaimer
The seller may change the pricing of their products and services for various reasons such as market conditions, product unavailability, and errors in advertisements. The seller also notes that they cannot guarantee that they will be able to fulfill all customer orders due to factors such as product availability and personnel availability.
If the seller is providing services on a time and materials basis, any estimates provided by the seller are for planning purposes only. This means that the estimates are not a guarantee of the actual time and cost of the services, but rather a rough idea of what to expect. Customers should keep this in mind when requesting services and should be prepared for potential changes in cost and timeline.
If the Seller gives the Customer credit for any reason, the Customer must use it within one year from the date it was issued. The credit can only be used to buy Products and/or Services in the future. If the Customer doesn't use all of the credit within the one-year period, the remaining amount will expire automatically.
Limitation of Liability
Seller, its affiliates, and suppliers will not be liable for any incidental, indirect, special, punitive, or consequential damages, including but not limited to loss of profits, business, revenues, or savings, even if advised of the possibilities of such damages, and regardless of the theory of liability. Additionally, any liability incurred by Seller or its affiliates will be limited to the lesser of the dollar amount paid by the customer for the product or services or $50,000.
Regarding the Work Product created in connection with the Services, the customer will receive a non-transferable, non-exclusive, royalty-free license to use the Work Product solely for internal use, but will have no ownership or other property rights to it. The customer's use of Work Product containing Third Party Intellectual Property may be subject to the rights of third parties and limited by agreements with such third parties.
Confidential information is defined as any information or data in oral, electronic, or written form which is proprietary or confidential and disclosed by a party in connection with this Agreement or which the receiving party may have access to in connection with this Agreement.
Both parties agree to hold each other's confidential information confidential for a period of three (3) years following the date of disclosure and to use no less than a reasonable degree of care in protecting it. The disclosure of confidential information will be restricted to individuals who need to know it for purposes of providing or receiving the products or services or otherwise in connection with the Agreement, statement of work, or sales order. Each party agrees not to use any confidential information for any purpose other than the business purposes contemplated by the Agreement or the applicable statement of work or sales order.
If a receiving party is required by law, rule, or regulation, or requested in any judicial or administrative proceeding or by any governmental or regulatory authority, to disclose confidential information of the other party, the receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential treatment of the confidential information so disclosed.
TURN Off Road products can only be returned with a valid Return Authorization Number, and only if the product is damaged upon delivery. Any minor scrapes or scratches that occur during shipping are considered normal and would not qualify for a return, but customers can still send pictures of these minor damages to the company's email for further consideration.
All claims must be made within 24 hours of receiving the product(s), and damage claims can be initiated by email or phone. If the product needs to be returned due to freight damage, the company will require pictures of the damage and pictures of the product packed for return.
When returning a product, TURN Off Road will arrange a pick-up date, and the product(s) must be packaged in the same manner as received to avoid additional charges or freight claims. Customers can also choose to drop off the product(s) at the company's warehouse but must call 24 hours in advance to arrange a drop-off time.
It's important to note that discounted floor model listings are non-returnable, according to this policy.
REFUND / EXCHANGE POLICY – The following conditions apply:
- Customers can only return items with a minimum purchase price of $25.00.
- A 25% restocking fee applies to all returns, provided that the item(s) are repacked properly and are in new, sellable condition.
- Customers must take pictures of the item(s) and the packed item(s) before shipping to compare with the item(s) when they arrive to prevent any additional charges for damages that may occur while in transit.
- Products can only be returned with a valid Return Authorization Number. If an item is shipped without a valid Return Authorization Number, it will not be accepted and will be returned to the sender.
- Refunds and exchanges are processed only after inspection by the company's staff. Customers should allow 30-45 days for refund credits to appear. The timing for credit to appear on credit card statements may vary by card issuer and may not show up until the next billing cycle statement even after refund processing time described above.
It is worth noting that this policy does not apply to discounted floor model listings, which are non-returnable.
- Cancellation fee of 10% for TURN Off Road manufactured products after the initial 72 hours
- Cancellation fee of 20% for 3rd party vendor products after the initial 72 hours
- Products left for over 90 days are subject to forfeiture of ownership and storage/disposal fees
- Shipping fees for products to and from TURN Off Road are the responsibility of the customer
- No additional charge for accessories shipped with TURN Off Road manufactured products if they are in stock and shipped to the same destination
- Redirecting shipment after it has left will be charged at full cost
- Customers are responsible for customs, taxes, or other fees associated with any shipment
- Custom product orders are non-cancellable and non-returnable
- NCNR items include OEM products, custom calibrations, special orders, custom panels, non-standard powder-coat, and private label logos
- Customer return for third-party products based on the policies of the original product manufacturer
- Software is not returnable if the packaging has been opened or if licenses were downloaded electronically
- Customers must notify TURN Off Road Customer Relations of any damaged products within 3 days of receipt.
Termination: Either party may terminate for cause if the other fails to cure a material default within specified time. Failure to remedy within time will cause immediate termination, except if default is incapable of being cured, in which case the defaulting party won't be in breach (except for payment obligations) if it made reasonable efforts to cure. Upon termination, all rights and obligations will terminate except for those expressly intended to survive termination.
Arbitration: Any claim or dispute will be resolved exclusively and finally by binding arbitration pursuant to the Rules of the American Arbitration Association, except for matters pertaining to collection of amounts due to Seller. Each party will bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Miscellaneous: Seller may assign or subcontract its rights or obligations. Customer may not assign without Seller's consent. No provision will be deemed waived, amended or modified unless in writing and signed by both parties. The relationship is that of independent contractors. Notices will be given in writing and deemed received upon actual receipt or within specified time after mailing or sending by courier or facsimile transmission. Delay or failure to exercise any right or remedy won't constitute a waiver of that party to thereafter enforce such rights.