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shopTRENCHLESS.com™ is a registered DBA of Schwalm USA, LLC. References in these terms of service shall also apply to and in the interest of Schwalm USA, LLC.
shopTRENCHLESS.com Warranty Policy
shopTRENCHLESS.com is a provider of various manufacturer’s products. shopTRENCHLESS.com guarantees the products sold are under a series of warranties issued by the original manufacturer of each item for manufacturing defects. Under the warranty policies, if the product is believed to have a manufacturing defect, it will be repaired and/or replaced upon inspection of the issue. The customer is responsible for shipping the product to shopTRENCHLESS.com or to the original manufacturer for inspection. At the discretion of shopTRENCHLESS.com, if the issue is deemed a manufacturing defect, the product will be repaired and/or replaced and returned to the customer at no cost by way of standard, ground shipping.
Replacement products cannot be sent until an assessment of the supposed defective product is made. At the discretion of shopTRENCHLESS.com, if the received product is deemed not to be a manufacturing defect, the customer will be notified and the product may be repaired and/or replaced at the customer’s cost.
Shipping charges will be the customer’s responsibility for any items needing expedited shipping. Issues that are not covered under the warranties include but are not limited to:
THE REMEDIES SET FORTH IN SECTION SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND shopTRENCHLESS.com ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION.
SHIPMENT AND REQUIREMENTS
Upon the acceptance of delivery, you agree that the package(s) have arrived without any visible shipping damage. If shipping damage is noted, sign for the delivery as damaged and contact shopTRENCHLESS.com immediately. Failure to sign for the package(s) as damaged, refusal of the package, or neglecting to note after 3 business days any damage that may have occurred during the shipping process will be treated as a warranty claim and are subject to the terms and conditions of our warranty. The option to issue a return label/call tag is at the discretion of shopTRENCHLESS.com for any warranty or claim situation and any product outside of 72 hours will not have the option for a return label/call tag.
shopTRENCHLESS.com reserves the right to request documentation in the forms of photos, copies of packing slips and the like to ensure the issue is resolved promptly. Standard questions may also be asked in order to provide accurate and timely customer service. Failure to provide the necessary information requested by a shopTRENCHLESS.com Representative may delay the claim process. A case number may be issued depending on the warranty/claim. This number must be used in regards to all correspondence with the issue and adhered to any packaging sent to shopTRENCHLESS.com for assessment. Failure to adhere to the Case number will delay the claim/warranty process.
Should you need to return a product due to order cancellation or any reason other than a warranty matter, shopTRENCHLESS.com reserves the right to carry out a full inspection of the product before accepting the return. All returns of this nature must be noted to a shopTRENCHLESS.com Representative 72 hours after receipt of the product and are susceptible to a 25% restocking fee/charge. Outbound shipping charges will not be refunded and return shipping costs/fees are the responsibility of the customer.
Order cancellations must be confirmed and approved by a shopTRENCHLESS.com Representative. The cancellation of a production order for which shopTRENCHLESS.com has produced or ordered raw materials may result in shopTRENCHLESS.com fully charging for materials and labor, or imposing a minimum cancellation fee of up to 50% of the purchase/sale price.
shopTRENCHLESS.com reserves the right to change prices or product designs as well as discontinue a product at any time without further notice. If a product is noted as defective and is a discontinued product, an exchange to an equivalent product will be offered or an upgrade to a premium product (at the discretion of shopTRENCHLESS.com) will be available with the customer responsible for the difference in cost.
ORDER PROCESSING AND DELIVERY POLICY
shopTRENCHLESS.com orders are usually shipped within 1-2 days of receipt of order. If a product is out of stock, you will be notified by shopTRENCHLESS.com immediately and a back order delivery date will be provided. shopTRENCHLESS.com cannot guaranty shipment dates.
All orders placed through shopTRENCHLESS.com will be shipped via FedEx ground, Express or Overnight based on your instructions at checkout. Products orders placed through shopTRENCHLESS.com that exceed standard weights and dimensions will be quote separately as freight, and you will be notified of charges prior to shipping.
shopTRENCHLESS.com will provide shipping estimates for international shipments but the cost is not guaranteed. Actual shipping cost will be charged to the customer. shopTRENCHLESS.com requires a credit card on file for all billable international shipments. Any duties, taxes or additional fees will be charged to the client. shopTRENCHLESS.com is not responsible for any cost variations from quotes provided by shippers. shopTRENCHLESS.com is not responsible for delays during transit of any kind including customs.
It is highly recommended that the purchaser ships collect on their own FedEx or UPS account. It is highly recommended that the purchaser uses a broker for all freight shipments as it can greatly reduce delays through customs. It is the responsibility of the shipper to provide broker information at the time of order if they wish to use one.
LIMITATION OF LIABILITY
IN NO EVENT SHALL shopTRENCHLESS.com BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SALE OF ANY GOODS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY CUSTOMER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL shopTRENCHLESS.com’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO shopTRENCHLESS.com FOR THE GOODS SOLD PURSUANT TO THESE TERMS AND CONDITIONS.
The limitation of liability set forth above shall not apply to (i) liability resulting from shopTRENCHLESS.com’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from shopTRENCHLESS.com’s acts or omissions.
shopTRENCHLESS.com shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these terms, for any failure or delay in fulfilling or performing any term of the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of shopTRENCHLESS.com including, without limitation, acts of God, flood, fire, earthquake, named windstorm, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to the sale of goods is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
SUBMISSION TO JURISDICTION
Any legal suit, action or proceeding arising out of or relating to the sale of goods hereunder shall be instituted in the federal courts of the United States of America or the courts of the State of Texas in each case located in the City of Houston and County of Harris, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.