Terms of Service
Last Updated: Jan 20th 2025
OVERVIEW
Note: The section headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 3 – COMPREHENSIVE LIABILITY WAIVER
You agree that we are not responsible for any damage, injuries, or losses resulting from the use, misuse, possession, handling, or application, of all products purchased from us. This includes, but is not limited to:
(a.) Malfunctions or any other undesired behaviors, or outcomes, resulting from the proper or improper use, maintenance, storage, modification or application of any products purchased from us.
(b.) Accidents arising from user error or negligence.
(c.) Damage or injury caused by modifications, adjustments, or tampering with products.
You assume full responsibility for the safe operation, application, handling, storage, maintenance, and possession, of all products purchased from us.
SECTION 4 – INDEMNIFICATION CLAUSE
By purchasing from us, you agree to indemnify and hold us, our affiliates, our managers, and our employees harmless from any claims, liabilities, damages, or expenses (including legal fees) resulting from the proper (or improper) use, handling, storage, maintenance, application, or installation of all products or services purchased from or offered by us.
SECTION 5 – PRODUCT CONDITION STATUSES
You acknowledge that all products are sold "as-is" unless otherwise explicitly stated in writing on the product’s listing. We do not offer warranties, express or implied, unless expressly noted on the product listing.
You assume full responsibility for reviewing product descriptions and understanding the condition of the products before proceeding with any purchases or orders.
We will make known the operational condition of each product such that it will be clearly noted on the product's listing in a prominent location.
You acknowledge your understanding that:
(a) Products listed as “New,” “Demo,” and “Used” will be functional and in proper working condition. These statuses are not a descriptor or promise of cosmetic appearance and we make no promise or guarantee of any product’s cosmetic appearance. Customers should view the images posted on each product’s listing for information related to a product’s cosmetic appearance.
(b) Products listed as "For Parts," or "As-Is," will likely be non-functional in their current state (and should be treated as such) and will need repairs/maintenance/ service to return them to a partially or fully operational status. You agree to treat all listings carrying these statuses as being non-functioning and understand that the unit will not arrive in good working condition and is not being sold with any promise or guarantee of being in good operating condition and that the value of the product lies in the parts, components or sub-assemblies of the product or in any potential final value that may be gained after the completion of service and/or repairs by the customer. You also understand that no promise or guarantee is made that parts, components or sub-assemblies found within these products will themselves be in proper operating condition (unless otherwise stated) and that you are entering into any purchase agreements for products holding this status with the understanding of the risks associated with it and having done your own due diligence before initiating any order or purchase.
(c) Products listed as "untested" may, or may not, be functional. You should assume that they are non-functional by default as no promise or guarantee is made regarding the proper operation of the products carrying this status. You understand that there is an incredibly high likelihood that additional parts, service, or repairs will be required to return any products carrying this status to full operation status. You agree to treat all listings carrying this status as being non-functioning and understand that the unit is not being sold with any promise or guarantee of being in good operating condition and that the value of the product lies in the parts, components or sub-assemblies or in any potential value that may be gained after the completion of service/repairs by the customer. You also understand that no promise or guarantee is made that parts, components or sub-assemblies found within these products will themselves be in proper operating condition (unless otherwise stated) and that you are entering into all purchase agreements for products holding this status with the understanding of the risks associated with it and having done your own due diligence before initiating any order or purchase.
(d) You are responsible for evaluating listings before purchase to ensure you understand the condition and details of the products being sold. We will always clearly state the condition of products within the listing in a prominent fashion such that they are easily identified by the customer.
SECTION 6 – WARRANTIES
Some products sold by us, including some used products, may possibly retain some level of manufacturer warranty. It is your responsibility to verify the warranty status of any products before making a purchase. We do not handle warranty claims or warranty-related business of any kind. You agree to be responsible for any actions necessary to track down, validate, or exercise warranties that may be retained by the products you purchase which were not manufactured by us.
SECTION 7 – FREIGHT AND SHIPPING
You agree to be held responsible for providing accurate shipping information when obtaining freight quotes and agree to provide only honest and accurate information when getting freight quotes.
You acknowledge your understanding that incorrect or dishonest information could result in freight carriers adding additional charges (freight charge adjustments) on shipments found to have been quoted using inaccurate or dishonest information and that you will be responsible for any such freight charge adjustments.
You acknowledge your understanding that these charge adjustments are made by the freight carriers and are outside our control.
You agree to be billed for any freight charge adjustments resulting from inaccurate or misleading shipping information you provide, which leads to such adjustments.
While we are happy to assist you in obtaining accurate freight quotes, at no additional cost, to help prevent adjustments, by accepting our assistance you agree to hold us harmless for any freight charge adjustments that may occur on shipments where we provided assistance.
If you are uncertain or would like assistance on anything related to freight quotes and freight shipments, please reach out to us using our Freight Quote Request Form.
SECTION 8 - INSPECTION AND REPORTING OBLIGATIONS
1. Inspection Requirement for Freight Shipments: You agree to inspect freight-shipped products immediately upon delivery for any damage that may have occurred in transit, take photos of any suspected damage, and immediately report this damage to both us and the delivery driver.
You can report the damaged freight to us using either our Contact Us our Freight Quote Request Form or our Email: TrueWorksEquipment@gmail.com
Please note: Photos are taken of all palletized and freight shipments before they ship out and these photos are stored to act as evidence of original condition before shipment to protect us and our customers in the event of freight or shipment induced damages.
2. Inspection Requirements for Package/Parcel Delivery: You agree to take photos of damaged products as soon as you receive them and report this damage to us as soon as possible.
You can report the damaged delivery to us using our Contact Us form or our email: TrueWorksEquipment@gmail.com
IMPORTANT
Failure to Report Damaged Shipments in a Timely Manner
(a) Freight Deliveries:
You acknowledge that freight damage claims not reported promptly may void your right to compensation, as it violates the freight carriers' terms of service. Delayed reporting may prevent us from filing a claim for compensation with the freight carriers. In such cases, we will not be responsible for compensating you for any loss of time or property resulting from the damage, nor will we be able to issue a refund for your purchase. By failing to report the damage in a timely manner, you accept that you may not receive any compensation for the damaged products. We highly encourage you to Contact Us as soon as possible if freight damage occurs so we can assist in resolving the issue quickly. Prompt reporting is critical for us to provide you with the best possible service.
(b) Package/Parcel Deliveries:
You acknowledge that damaged shipments not reported promptly may be ineligible for compensation. If damage is not reported in a timely manner after receiving the product, you may waive your right to receive the product in the condition stated at the time of purchase, or even forfeit any compensation. You agree to report any damaged products as soon as possible after receiving the shipment so we can take the necessary steps to resolve the issue and ensure all parties are made whole. For us to provide you with the best service, it is crucial that any issues are reported immediately upon discovery.
SECTION 9 – CHEMICAL AND EQUIPMENT SAFETY/LIABILITY
You acknowledge that you are solely responsible for:
(a.) Following all applicable safety guidelines and legal requirements when using chemicals or equipment purchased from us.
(b.) Carefully reading, understanding, and distributing all legally required safety documentation (e.g., User Manuals, SDS/MSDS) in accordance with applicable laws.
We will supply you with the legally mandated SDS/MSDS sheets for all chemical purchases.
We will also provide additional user/technical manuals for products when they are available.
Please note that upon request we will provide additional documentation and related materials. These materials are not a substitute for proper training in the operation of equipment or the application of chemicals and it is your responsibility to properly educate yourself on how to operate and handle our products.
SECTION 10: PAYMENT AND FRAUD PROTECTIONS
Payment Terms:
We only process orders after full payment, including shipping fees, is received.
Partial Payments:
Orders must be paid in full within a timely manner. Any orders that receive only partial payment will be cancelled, and a refund of the partial payment amount will be issued to the customer, minus any unrecoverable transaction fees incurred by us, such as payment processor fees.
You acknowledge that any partial payments made by you will be refunded to you minus these fees, if applicable.
Fraud Prevention:
We reserve the right to place a two-week hold that initiates on the day payment clears, on all orders paid for using ACH, wire transfer, non-major credit card payment methods, or paid for using uncommon international payment methods or services to ensure full payment clearance and retention. These terms are set forth to prevent any fraudulent activity and protect both us and our customers. Any customer engaging in fraudulent, deceptive, or suspicious activities will be reported to the appropriate authorities.
We are committed to maintaining a secure and trustworthy marketplace and will take all necessary actions, including legal measures, to the fullest extent permitted by law, to protect the integrity of our business, our customers, and the users and visitors of our website. Additionally, customers found to be involved in such illegal, fraudulent, or highly suspicious activities may face permanent bans from making future purchases or conducting any further business with us.
SECTION 11: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We often provide articles, blogs, media posts, and guides (the term “posts” referring to any articles, blogs, media posts, guides, or any other information published on our platforms) on our website for general informational purposes only. By accessing our website and posts, you acknowledge and agree that:
(a.) We are not liable for any damage or injury caused by following, repeating, mimicking, or attempting to replicate any actions, procedures, or processes in our posts and that all posts are published purely for informational purposes.
(b.) You are solely responsible for ensuring you have the proper knowledge, skills, tools, experience, and resources to safely execute any actions you pursue because of viewing our posts and that you hold our company harmless for any outcomes related to your actions on this topic.
(c.) Your involvement in any actions related to our posts is made because of your own free will, and at your own risk, to yourself and others, and that we have not directed you to perform or engage in any actions and as such you accept full responsibility for all the outcomes of your actions.
(d.) All information in our posts is provided "as-is," with no guarantee to be free from errors and no guarantee of specific outcomes or behaviors.
SECTION 12: MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 13: PRODUCTS OR SERVICES (if applicable)
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not guarantee that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 14: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by individuals engaged in fraudulent or illegal activities, or by customers violating our conditions of sale for specific items (e.g., resellers attempting to purchase items restricted from resale).
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 15: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 16: THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 17: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- To maintain any comments in confidence;
- To pay compensation for any comments; or
- To respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 18: PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 19: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 20: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 21 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TWE TrueWorks Equipment LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 22 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TWE TrueWorks Equipment LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 23 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 24 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 25 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us using our Contact Form or using the contact info below.
Contact Info:
TWE TrueWorks Equipment, LLC
9901 Brodie Lane, Ste 160, #1133
Austin, TX 78748