Terms & Conditions:
1. Parties. “Seller” means TruTex Footing or any affiliate selling goods to the Buyer. “Buyer” means any entity or individual submitting a purchase order to the Seller.
2. Acceptance. Buyer acknowledges and agrees that these Terms and Conditions of Sale are incorporated in, and are a part of, each purchase order or agreement for Seller products placed by Buyer, whether expressed in written form, by electronic data exchange or otherwise. These Terms and Conditions supersede any prior or future agreement or conflicting terms between the Parties.
3. Payment. Unless otherwise agreed in writing by Parties, payment for all products is due at the time of placing a purchase order. Buyer will pay through Seller’s online payment portal, over the phone with a credit card or e-check, or by mailing a check to Seller’s designated address. Buyer will be responsible for paying any applicable state or federal taxes.
4. Performance and Delivery. Shipment of goods will be made by Seller’s facility per INCOTERMS 2010, unless otherwise agreed to in writing. Title will transfer upon shipment of goods. Seller will provide an estimated time of delivery at the time Buyer places a purchase order. Delivery date will vary depending on availability and delivery location. Seller will use commercially reasonable efforts to ensure on time delivery. In no event will Buyer be entitled to liquidated damages as a remedy for any delay in delivery by Seller nor will Seller be liable for any loss, damage or delay incurred by Buyer or any Buyer affiliate or customer arising from late or non-delivery of goods. Seller reserves the right to supply an order for goods in any number of installments. Buyer will pay all insurance costs associated with delivery, and Buyer will be responsible for filing and pursuing claims with carriers for loss or damage in transit. Buyer waives any claim for shortage of any goods delivered if Buyer has not lodged a claim regarding insufficient delivery with Seller within seven (7) days from the date of receipt of products. Seller is not responsible to Buyer or any person claiming through Buyer for any loss or damage to goods in transit caused by any event of any kind by any person.
5. Limited Warranty. By visiting Seller’s website or making a purchase, Buyer unconditionally consents and agrees to these Terms and Conditions. Buyers placing orders must be 18 years of age or older, or otherwise, acquire the consent of a parent or guardian to place purchases on this website.
Buyers may choose to consult with Seller’s representatives, but are ultimately responsible for the accuracy of every order they place. Buyer must take the time to verify they have selected the correct product to meet their needs, as Seller cannot accommodate any non-qualifying returns, exchanges, or store credit. There are no exceptions to this purchasing policy. Seller is able to accommodate returns only according to the return policy below.
The only products that qualify for returns are unopened bales with the metal banding still intact. Once a bale is opened, it is no longer eligible for return or refund.
For all return queries, please contact Seller at email@example.com and Seller will help Buyer set up return shipping and a refund once the return product is received. Buyer is liable for the return shipping cost as well as a 5% handling fee.
Seller does not make any guarantee for the warrantability of products, as each product may have varying results depending on the conditions in Buyer’s arena and the quality of installation. Sellers are responsible for all installation of the products they purchase. Seller provides a self-install footing product in addition to footing installation and sand selection guidelines. The final installed product and its performance may vary by installation. Buyer is responsible for the decisions made, and for the materials and methods used to install Seller’s footing into Buyer’s arena. Seller is not liable for Buyer’s installation or any result of the installation.
SELLER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED OR EXPLICIT, WITH RESPECT TO ANY PRODUCT. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTIBILITY. BUYER ACKNOWLEDGES, BY ACCEPTANCE OF THESE TERMS AND CONDITIONS, THAT BUYER’S USE OF ANY PRODUCT RECOMMENDATION IS AT BUYER’S SOLE RISK AND THAT SELLER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT RECOMMENDATION. THIS DISCLAIMER EXCLUDES ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY PRODUCT SOLD BY SELLER. NO EMPLOYEE OR AGENT OF SELLER IS AUTHORIZED TO MAKE ANY WARRANTY OTHER THAN THAT WHICH IS SPECIFICALLY SET FORTH HEREIN.
6. LIMITATION OF LIABILITY. Except as provided for herein, in no event will Seller be liable for any indirect, incidental, special, consequential, punitive, or similar damages including lost profits or business interruption losses. In no event will the total, aggregate liability of Seller exceed $1,000. This limitation of liability will apply even if Seller has been notified of the possibility or likelihood of such damages occurring and regardless of the form of action, whether in contract, negligence, strict liability, tort, products liability or otherwise. The parties agree that this limitation of liability clause will survive and continue in full force and effect despite any termination or expiration of an agreement or purchase order.
7. Force Majeure. Failure of Seller to make any delivery (or portions thereof) when due, if occasioned in whole or in part by any act of God or other act beyond the reasonable control of Seller, including without limitation fire, explosion, flood, drought, adverse weather conditions, war, riots, civil insurrection, terrorism, sabotage, accident, embargo, governmental priority, requisition, or shortage or failure of supply of materials or labor, or strikes or other labor trouble, will be excused. Seller will have no obligation or liability whatsoever arising out of or in connection with any such failure.
8. Governing Law. These Terms and Conditions are governed by and construed under Indiana law without regard to conflicts of law provisions. Buyer further agree that any action or proceeding arising out of or related to any footing solution recommendation, or these Terms and Conditions will be brought in the state or federal courts of Indiana and Buyer hereby consent to the exclusive personal jurisdiction of such courts. These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them.
When placing a purchase, Buyer may be prompted to sign up for a mailing list to receive notifications of special offers. Buyer will have the option to decline signing up for Seller’s email list. If Buyer signs up for these notifications, Buyer may opt out at any time by following the directions provided in the email or visiting Seller’s website.
This website may include links to other websites. If Buyer navigates to any of these websites, Seller cannot guarantee the confidentiality of any information that is provided to these third party websites. To protect personal information, Buyer must review and verify the contents of the third party privacy policies.