Responsibilities of Dealer/Distributor
The Dealer/Distributor shall operate as an independent contractor and, in no way, shall be considered to be in partnership with Tough Country Products or any of its parent companies, affiliates, or subsidiaries. Dealer/Distributor shall not enter into any agreement or commitment in the name of or on behalf of Tough Country Products or any of its parent companies, affiliates, or subsidiaries, nor shall Dealer/Distributor bind Tough Country or any of its parent companies, affiliates, or subsidiaries in any respect whatsoever. Further, nothing contained herein nor any action taken in pursuance hereof, shall constitute either party being deemed a legal representative of the other for any purpose whatsoever.
The Dealer/Distributor shall not engage in selling practices which, in any manner, misrepresent products being offered by Tough Country Products, nor shall the Dealer/Distributor unfairly mislead or induce an unwilling customer to make a purchase. Further, the Dealer/Distributor shall not act in an irresponsible, immoral manner or in a manner not sanctioned by Tough Country Products.
The Dealer/Distributor will refrain from disclosing, or in any way revealing, directly or indirectly, to any person or entity, details or other information contained in these terms and conditions (including pricing) between Tough Country Products and the Dealer/Distributor.
SHIPPING, RETURNS and SALES POLICY
Pricing, Parts, and Terms:
Please check with Tough Country corporate headquarters monthly for the latest updates on product listings and pricing updates. Terms, pricing, product offerings and services may be amended without prior notice to the Dealer/Distributor at the discretion of Tough Country Products due to production costs, market conditions, or other industry related influences. Any amendment, altercation or modification of this Agreement made by Tough Country Products shall be made known to the Dealer/Distributor within fifteen (15) business days and will remain valid and binding unless and until the Dealer/Distributor rejects or terminates the amended conditions or offerings.
The Dealer shall not publish any advertisement or editorial which may mislead or deceive the public, or may be detrimental to the name, trademark, logo, goodwill, or reputation of Tough Country Products.
Tough Country Products Limited Warranty:
Each product is guaranteed by the manufacturer unless stated otherwise. The manufacturer’s warranty covers repair or replacement of defective parts, subject to the conditions set forth in the guarantee/warranty. Tough Country offers a 12 month limited warranty on all of the products that are manufactured under the Tough Country name. The 12 Month Limited warranty does not cover coatings, alterations, or modifications performed by third parties. Beyond the 12 month limited warranty, Tough Country does offer a lifetime limited warranty on manufacturing & workmanship on products manufactured under the Tough Country name. Please contact Tough Country on the specific terms of the warranty on each product prior to disclosing such warranties to a customer.
If the product(s) show signs of misuse, modification, improper installation, accidental or intentional damage, the product becomes ineligible for coverage under our warranty policy. This limited warranty does not cover installation, labor, freight, normal wear and tear, abuse, or collision. This limited warranty does not cover any consequential damages, including but not limited to the expense of being without the vehicle during inspection or repair/replacement period, delay, or mileage. Custom manufactured items are not returnable. Items returned must be in original packaging and returned at customer’s expense. Shipping charges are not refundable. Manufacturer’s defects in such products will be repaired or replaced at the sole discretion of Tough Country Products.
This limited warranty is conditioned upon the following:
1. Tough Country being notified by Purchaser or end user within one month after purchase.
2. The return of the defective product(s) to Tough Country shall be at Purchaser’s sole expense .
3. Tough Country’s examination of such product(s) and its agreement, which shall be at Tough Country’s sole discretion, that such defects were not caused by negligence, misuse, improper maintenance, accident, or unauthorized repair or alteration is required prior to work perfomed under the warranty.
4. The original limited warranty period of any product repaired or replaced by Tough Country shall not thereby be extended for any reason. During the warranty period, this limited warranty is non-transferable and must be filed with the original purchaser.
All freight shipments must be properly inspected prior to acceptance and if the shipment is accepted with damage it must be noted on the bill of lading. If dealer/distributor feels the damage would be unacceptable to the customer, the shipment must be rejected. All damage claims must be filed with Tough Country and pictures of said shipment must be submitted to Tough Country. All freight damage claims must be filed by the purchaser or signer at the time of delivery. Purchaser must notify Tough Country within 48 hours of refusing shipment due to damage and filing a damage claim. Tough Country assumes no responsibility for freight damage or filing freight damage claims if product is accepted with no notation of damage. As Tough Country is not the broker, Tough Country shall not be responsible for filing claims with the carrier on behalf of the dealer. Once a claim is filed with the carrier, there is no guarantee of indemnification.
No items may be returned for credit, refund, or exchange without prior written consent of Tough Country Products. Returns are subject to a 25% restocking fee, which includes our costs in regards to originally shipping the item. For a Return Authorization number (RA#) call Tough Country Products at (877)-448-6844 or you may contact us at firstname.lastname@example.org. Dealers/Distributors will be provided with instructions on where to send the returned merchandise. Please note that an RA#, in and of itself, does not guarantee final acceptance of the return. All returns are subject to inspection. Customers are responsible for the shipping charges on alternate merchandise originating from an exchange request. Cancellation of orders placed online which are in progress, but not shipped, will incur a 25% re-stocking fee prior to a credit being issued.
It is the responsibility of the customer to pack the returned materials in a manner to insure safe transit. Merchandise returned to Tough Country Products without authorization will be refused. We cannot accept C.O.D. or freight collect shipments. We suggest that small items be shipped UPS Ground Service “Insured”. No goods will be accepted for exchange or return without prior authorization.
Tough Country Products may terminate this Agreement at its sole discretion, at any time, by providing Dealer/Distributor with thirty (30) days written notice.