Terms and Conditions

Terms and Conditions

1. ACCEPTANCE OF TERMS:

These Terms and Conditions (the "Terms of Sale") shall control all sales of products hereunder ("Products") by Yellow Rack LLC ("Yellow Rack" or the "Company"). Yellow Rack will not be bound by any terms of your purchase order that are inconsistent with the Terms of Sale herein. All purchase orders issued to Yellow Rack by you shall be subject to and governed only by these Terms of Sales, notwithstanding any preprinted or other terms and conditions on your purchase order, and any contradictory terms and conditions on your purchase order are deemed to be material alterations hereto, for which notice of objection is hereby given by Yellow Rack. You must acknowledge acceptance of a quote in writing before the quote expiration and prior to or concurrently with placing any order. Your acceptance of this quote or placement of a purchase order constitutes your acceptance of these Terms of Sale, additional terms and conditions for customer products, and of Yellow Rack's returned merchandise authorization ("RMA") policy, all of which are incorporated by reference herein.

No order shall be binding upon Yellow Rack until accepted by Yellow Rack in writing, and Yellow Rack shall have no liability to any customer with respect to purchase orders that are not accepted.

2. PAYMENT

Credit Cards: We accept MasterCard, VISA, American Express and Discover. Please make sure that the billing address you use is the one that appears on your credit card statement. Note: If the billing address is incorrect, the sale will be declined and your bank may place a hold against your account for the total amount of the intended order.

Purchase Orders: A credit application must accompany your first purchase order. The initial PO must be for at least 10 racks before terms can be established. Email us your purchase order at customerservice@yellowrack.com, along with the credit application, and we will process your order (with approved credit). Please note that it may take up to 72 hours to process a credit application. Shipping charges must be defined on the purchase order for it to be processed. Please specify "Prepay and Add" and we will add the appropriate charge to your purchase order. For items that can ship via common carrier (UPS, Fed Ex, DHL), you can supply your account number and we will charge shipping to your account. To receive the Adobe Acrobat PDF version of the Credit Application please click here or send us an email or call 281-993-9329.

For more information or questions regarding purchase orders or credit terms, please contact Customer Service.

Sales Tax: We are headquartered in Texas, so must charge sales tax for shipments within Texas. Texas residents are liable for the sales tax of the city in which they reside. The minimum tax rate charged in Texas is 7.75% (state tax) and other taxes may apply. In some instances, it may be necessary for appropriate taxes to be added after your order is placed. If this is the case, you will be contacted before the order is processed. We will not be able to process the order until we contact you, so please be sure to provide your correct phone number and email address.

3. SHIPPING

Complete shipping information is required for orders to be processed.
Orders are confirmed via email, fax or phone, depending on how the order was placed.
Due to the manufacturing process, some orders may have a lead-time of 3-4 weeks.

Shipping Carriers

Yellow Rack ships orders using various carriers. Carriers are selected based on the region. Standard shipping applies to the 48 contiguous states. Additional charges may apply for orders shipped to Hawaii, Alaska or international destinations and may also apply for special shipping needs and/or expedited orders. For international orders, please contact us to place your order.

Shipping Address

When you provide a shipping address, please provide the valid physical address where the order will be delivered. Also, please include a phone number where you can be reached during the day if there is a delivery issue.

Estimate of Shipping Charges

All shipping prices are our best estimates. If the actual shipping charge is significantly greater than the estimated shipping cost, we will increase the shipping charge and contact you before processing your order. If you do not respond, we will not process the order. Prices may vary based on delivery conditions and fuel surcharges. In addition, we cannot guarantee that all carriers will adhere to their quoted delivery schedules.

Note: All orders are shipped via Ground delivery unless the order is for 10 or less racks.

Other Shipping Policies

We ship all orders FOB Origin as well as prepay freight and add.

FOB Origin

FOB Origin means you bear the risk of loss on the merchandise while it is in transit. Title transfers to you when we ship your Product. If there are any damage claims, you as the buyer file against the carrier and will receive compensation directly from the carrier. We encourage you to inspect the shipment thoroughly prior to accepting it. Please see "Damages," below for more details.

Prepay Freight and Add

"Prepay Freight and Add" means we pay the freight charges and add them to the invoice.

Damages

All claims for damages incurred during transit must be made when the product is delivered. It is your responsibility to check for damaged merchandise before the carrier driver leaves. In the case of a damaged shipment, mark all shipping documents as "damaged in transit" and include a description of the damage. Notify the carrier immediately and save the packaging until the claim has been resolved. A damage claim will be denied if the packaging is discarded and the damage is concealed. The carrier is not liable for transit damage unless notified within 48 hours from receipt of merchandise. Call us at 281-993-9329 for carrier contact numbers or if you would like assistance in talking with a freight company. Pictures may be required to process the damage claim. Final settlement of the claim is between you and the freight company.

Disclaimers

Additional shipping charges that are incurred at the time of delivery due to distance, delivery restrictions, delivery schedule, or other reasons, are the responsibility of the customer and will be invoiced separately. Delivery requirements include, but are not limited to, use of common freight dock, tractor-trailer access, freight elevator, delivery schedule, and appropriate delivery access.

4. LIMITED WARRANTY

Your Yellow Rack is built t to withstand the tough conditions that exist in cargo trailers. Our racks are quality tested and field tested under these same conditions. If a rack breaks in normal usage during the first year from the date of purchase, upon receipt it will be replaced with a new rack.

Yellow Rack warrants its Products to any buyer ("Buyer") as follows:

Limited Warranty. We warrant that, for a period of one year from date of purchase (the "Warranty Period"), the Products sold will not break under normal use, and will be free from defects in material and workmanship. If the Products do not conform to this Limited Warranty during the Warranty Period, Buyer shall notify Yellow Rack, in writing, within the Warranty Period, and if the defects are of such type and nature as to be covered by this warranty, we will furnish replacement Products at no charge to the customer after return of the Product(s) (see #2).

Other Limits. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Yellow Rack does not warrant against, and the unconditional replacement guarantee does not cover, damages or defects arising out of improper or abnormal use or handling of the Products, including use of the Products in any location other than the inside of van trailers or intentional attempts to damage or test the strength of Products. Loss of the restraining bar component of the Products is not covered. Return of defective Products is required for the Limited Warranty to apply.

Exclusive Obligation. THIS WARRANTY IS EXCLUSIVE. The sole and exclusive obligation of Yellow Rack shall be to repair or replace the defective Products in the manner and for the period provided above. Yellow Rack shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability, or otherwise. Under no circumstances, whether based on this Limited Warranty or otherwise, shall Yellow Rack be liable for incidental, special, or consequential damages.

Other Statements. The Company's employees or representatives' ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by Buyer, and are not a part of the contract for sale or this Limited Warranty.

Entire Obligation. This Limited Warranty states the entire obligation of Yellow Rack with respect to the Products. If any part of this Limited Warranty is determined to be void or illegal, the remainder shall remain in full force and effect.

5. RETURNS AND CANCELLATIONS

At Yellow Rack, we want to ensure that you are happy with your order. If at any time you have questions regarding your racks, please 281-993-9329.

Returns

All returns must be completed within 30 days of the original shipping date. All items must be new, unused and in the original box and packaging. Customer is responsible for insuring all packages returned. Items that are not re-sellable will be returned to customer with no refund. Customer is responsible for any insurance claims. If the product qualifies to be returned, please complete the Return Authorization Form and be aware that a minimum restocking fee of 25% will apply.

Cancellations

Cancellation must occur before the product is delivered. Shipping charges will not be refunded for cancellations that occur after the order has shipped, and a refund (less the restocking fee) will only be issued after the order has been received by Yellow Rack.

6. LIMITATION OF LIABILITY:

In no event shall yellow rack be liable to the customer for any cause of action, whether sounding in contract, tort or otherwise, brought by the customer against yellow rack, or brought by a third party against customer, arising out of the purchase, subsequent use, or resale of the quoted product(s) for damages, attorney fees, or court costs that exceed the purchase price of the quoted product(s). In no event shall yellow rack be liable for any consequential, indirect, incidental, punitive or special damages arising, directly or indirectly, from the purchase, subsequent use, or resale of the quoted product (s), even if advised of the possibility of such damages. In no event shall yellow rack be liable to customer for any lost profits, loss of data, or costs of procurement of substitute goods or services, or for any other indirect, special, incidental or consequential damages, whether for breach of contract or warranty or tort (including negligence) or the failure of the essential purpose of any limited remedy provided for herein.

7. APPLICABLE LAW AND CHOICE OF FORUM:

This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to its provisions regarding conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety. The Federal and State courts of Travis County, Texas will have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and Customer hereby consents to the jurisdiction of such courts.

8. PERFORMANCE:

Yellow Rack shall not be liable for any delay in performance of any order accepted by it when such delay is directly or indirectly caused by or results from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery of material by Yellow Rack's suppliers, or other difficulties that are beyond Yellow Rack's reasonable control. Quantities are subject to availability. In the event of production difficulties or shortages, Yellow Rack may allocate production in its reasonable discretion. Clerical errors in sales made under this Agreement are subject to correction.

9. OWNERSHIP:

Yellow Rack retains all proprietary rights in and to all designs, engineering details, and other technology and information pertaining to the Products, which are patented. The Products are offered for sale and are sold by Yellow Rack subject in every case to the condition that such sale does not convey and license, expressly or by implications, to manufacture, duplicate, or otherwise copy the Products.

10. NOTICE:

Any notice required or permitted to be given will be in writing and will be prepaid, and may be personally served, sent by an overnight delivery service, or by first-class mail. Any such notice will be deemed to have been given: (i) if personally given, or sent by a delivery service, when received, (ii) if mailed, three (3) business days after deposit in the United States mail with a correct address.

11. EXPORT:

Customer will not export any Product or information relating thereto except in compliance with all applicable U.S. laws and regulations controlling the export of technical data.

12. FEDERAL ACQUISITION REGULATIONS:

Unless otherwise agreed in writing by Yellow Rack, no Federal Acquisition Regulations or other government procurement rules or regulations will apply, and Customer expressly represents and warrants that no Product is being purchased in performance of any U.S. or other government contract that would, or under which Customer is obligated to, subject Yellow Rack to any of these rules or regulations.

13. ENTIRE AGREEMENT:

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous communications, written or oral, with respect to the subject matter, and no representations or statements of any kind made by any representative of Yellow Rack that are not stated herein will be binding on Yellow Rack. No course of dealing or usage of trade or course of performance will be relevant to explain or supplement any of these terms. No failure or delay on the part of either party in the exercise of any power, right or privilege hereunder will operate as a waiver, nor will any single or partial exercise of any power, right or privilege preclude any other or further exercise thereof, or any other right, power or privilege. If the parties have entered into a written agreement signed by the parties setting forth the terms and conditions for the sale of Product to Customer by Yellow Rack, then the terms of such agreement shall control and neither these Yellow Rack Terms and Conditions nor any terms contained in a purchase order or other document provided by Customer shall have any effect. Customer may not assign this Agreement, or any interest or right herein, without Yellow Rack's prior written consent.