Effective Date: April 1, 2019
The following terms apply to any purchases by you of KeepTruckin’s Electronic Logging Devices (the “Hardware“, for purposes of this KeepTruckin Hardware Purchase Policy) from KeepTruckin or any of its resellers and retailer distributors and the direct purchaser of the Hardware. You and any end user who uses the Hardware are hereafter collectively referred to as “you” or “Buyer“.
Any capitalized terms not defined in this Agreement have the meanings set forth in the Terms of Service located at https://keeptruckin.com/tos (the “Terms of Service”). Buyer, by purchasing and/or using the Hardware, also agrees to the Terms of Service.
- 1. Orders and Acceptance
- 2. Pricing and Payment
- 3. Delivery, Title and Risk of Loss – For Non-retail Hardware
- 4. Shipment
- 5. Use of the Services
- 6. Privacy
- 7. Limited Warranty
- 8. Refund and Return Policy for Hardware Sales
- 9. No Licenses Granted to intellectual Property
- 10. Hardware Not for Resale
- 11. Data Stored on Hardware
- 12. Limitation of Liability
- 13. Support
- 14. No Waiver; Severability
1. Orders and Acceptance
You may purchase Hardware from an AU authorized retail distributor, an authorized reseller, or directly from KeepTruckin. To place an order for Hardware directly from KeepTruckin, you must enter into an Order Form. KeepTruckin may, in its sole discretion, refuse or cancel any order and limit order quantity. KeepTruckin may also require additional qualifying information prior to accepting or processing any order.
Your delivery and KeepTruckin’s receipt of your Order Form does not constitute acceptance by KeepTruckin, and an order is not considered accepted until KeepTruckin accepts the Order Form. KeepTruckin reserves the right at any time after receiving your order to accept or decline your order for any reason. If KeepTruckin cancels an order after you have already been billed, KeepTruckin will refund the billed amount.
2. Pricing and Payment
The pricing and payment for the Hardware will be as set forth in your Order Form or as set forth in the authorized retail distribution store or authorized reseller order form, which may or may not include all taxes and transportation costs. Please refer to the payment provisions of the Terms of Service with regards to your Billing Account and Payment Method or the terms of the retail distributor or reseller who has sold you the Hardware.
3. Delivery, Title, and Risk of Loss – For Non-retail Hardware
At the time the Hardware is picked up by a common carrier from a KeepTruckin location, the risk of loss passes to Buyer. Title to the Hardware passes to Buyer upon payment in full of the purchase price as specified in the Order Form. The timing of delivery of your Hardware shall be based upon acceptance of an Order Form. Any delivery dates or times provided by KeepTruckin (or a delivery agent) are estimates and not guaranteed unless otherwise agreed to when KeepTruckin accepts your Order Form. KeepTruckin shall not be liable for any late or delayed delivery of your Hardware.
Unless otherwise specified by agreement between Buyer and KeepTruckin, KeepTruckin will ship by the method it deems most commercially advantageous. Buyer may request specific shipping instructions, and KeepTruckin reserves the right to bill Buyer for any extra shipping costs due to such request. If Hardware is purchased from an authorized retailer or authorized reseller, please refer to their terms for shipping information.
5. Use of the Services
When using the Hardware, your use of the Services is governed by the Terms of Service. You may not alter the Hardware or use the Hardware with any unauthorized services, and KeepTruckin is not responsible for any use of the Hardware not in accordance with this agreement, the Terms of Service or the Hardware Warranty (as defined below).
7. Limited Warranty
KeepTruckin offers a limited warranty on the Hardware, the terms of which are available at keeptruckin.com/warranty (the “Hardware Warranty”). Unless otherwise agreed to in writing, the Hardware Warranty applies only to end users of the Hardware who have purchased the Hardware directly from KeepTruckin or from one of KeepTruckin’s authorized resellers or authorized retailers. KeepTruckin does not warrant any Hardware purchased from other parties. Please see the Hardware Warranty for limitations and details regarding returns of defective devices and refunds with respect to Services unavailable due to defects.
The Hardware Warranty does not apply to: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) damage caused by accident, abuse, misuse, neglect or failure to properly maintain (to include but not limited to water damage and/or condensation or improper temperatures during storage), or improper installation; (d) damage caused by electrical disturbances or acts of God, to include but not limited to civil disturbance, war, flood, fire, rodents or insects; and (e) damage caused during shipment (due to Buyer’s improper packaging) from Buyer to KeepTruckin in the case of Hardware returns for repair.
KeepTruckin does not warrant that the Hardware or any systems protected by the Hardware will be free from vulnerability, intrusion, attack, or other damage. KeepTruckin does not warrant that the operation of the Hardware will be uninterrupted or error-free.
OTHER THAN THE WARRANTIES REFERRED TO IN THE HARDWARE WARRANTY AND THE TERMS OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEEPTRUCKIN AND ITS HARDWARE MANUFACTURERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. Refund and Return Policy for Hardware Sales
On a case-by-case basis, KeepTruckin reserves the right to authorize a full refund of any Hardware purchase made where a refund is requested within seven (7) days of the date on which the Buyer receives the Hardware. In such cases where a refund is approved, Buyer will return the Hardware to KeepTruckin. Buyer is responsible for shipping and insurance charges and any damage to the Hardware which takes place en route to KeepTruckin. KeepTruckin reserves the right to charge a restocking fee for any such returns.
In order to return your Hardware for a refund, you must, at your own expense, package and return the Hardware in its original box and packaging, and the Hardware must be returned in its original condition.
9. No Licenses Granted to Intellectual Property
A purchase of the Hardware does not come with any licenses to any intellectual property, except as granted and described in the Terms of Service for use of the Software and Services.
10. Hardware Not for Resale
The Hardware may not be purchased for resale purposes by Buyer unless Buyer is a legal and authorized reseller of KeepTruckin products. Hardware may not be resold, leased, loaned or gifted to another party without prior written consent by KeepTruckin.
11. Data Stored on Hardware
In the event of a return of the Hardware, KeepTruckin will delete all data stored on the Hardware. KeepTruckin is not responsible for any loss of data stored on the Hardware or returned Hardware.
12. Limitation of Liability
Neither KeepTruckin nor its suppliers will be liable for any loss, damages or penalty resulting from delay in delivery when such delay is due to causes beyond the reasonable control of KeepTruckin, including but not limited to supplier delay, force majeure, act of God, labor unrest, fire, explosion or earthquake. In any such event, the delivery date will be deemed extended for a period equal to the delay.
KEEPTRUCKIN’S AND ITS SUPPLIERS’ LIABILITY ARISING OUT OF OR RELATED TO HARDWARE SALES WILL BE LIMITED TO THE REFUND OF THE HARDWARE PURCHASE PRICE. IN NO EVENT WILL KEEPTRUCKIN OR ITS SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE HARDWARE BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT KEEPTRUCKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If you have any issues with the Hardware, please contact KeepTruckin at firstname.lastname@example.org.
14. No Waiver; Severability
KeepTruckin’s failure to enforce any right or provision of this agreement and any of its counterparts will not be considered a waiver of those rights. If any of the terms of this agreement or any of its counterparts are unenforceable, it will not affect the enforceability of the rest of the terms of this agreement.