Please read these Terms and Conditions carefully. They contain important information about your rights and obligations when doing business with Trussworks (“we” or “us” or “our”). By doing business with us (visiting and/or using the Website and/or accepting an offer from us) you fully and unconditionally agree to these Terms and Conditions. Any offer provided by us is conditioned upon your acceptance of this Terms and Conditions Agreement. By using this site and/or accepting an offer from us, you represent that you lawfully consent to U.S. jurisdiction for all purposes on our site as if a resident of the U.S., and have the right, authority and capacity to enter into this Terms and Conditions Agreement.
Trussworks warrants display systems against any defects that are due to faulty materials or workmanship. We reserve the right to determine if materials were originally defective, or if they were subject to misuse, negligence, or alteration by someone other than Trussworks.
Length of warranty depends on the style of display system, but ranges between 90 days to 5 years.
In such cases, only alterations authorized in writing by an officer of Trussworks will be considered for repair or replacement. Warranty does not extend to products needing repair or replacement due to normal wear, negligence or accident.
Materials to be replaced or repaired must be sent to our home office, transportation prepaid.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and no other person, agent or dealer is authorized to give any further warranties on behalf of Trussworks
All products covered by this warranty will be serviced at Trussworks’ designated service center.
All products covered by this warranty will be serviced at Trussworks’ designated service center.
In order to obtain service under this limited warranty, customer must notify Trussworks of the claimed defect before the expiration of the limited warranty period and obtain from Trussworks a return authorization number for return of the product to the designated Trussworks service center.
To contact the Trussworks technical support, call 800-598-9738.
Unless otherwise instructed by Trussworks, all products returned under warranty are to be shipped to the following address. The Trussworks supplied RMA form must be included in the shipping container.
Trussworks Service Center
4491 8th Avenue, Marion, IA 52302
The RMA number is to be legibly written on the outside of the shipping container. Returns without an RMA number may be rejected. Product must be re-packaged in its original factory shipping packaging when returned for warranty service. If the original packaging is not available, customer must purchase packaging material from Trussworks.
Warranty is considered void if products are not returned in original or Trussworks authorized packaging. Contact Trussworks with any questions.
Product shall be returned to Trussworks in clean condition. If product returned is extensively dirty, Trussworks may choose, in its sole determination, to refuse the product for repair and send product back to Customer, or clean the product and charge the customer cleaning fee, regardless of applicable warranty state.
Trussworks assumes no liability for damage or loss in transit.
Customer shall be responsible for packaging and shipping the product to the designated Trussworks service center, with shipping charges prepaid by the customer. Trussworks shall pay for the return of the product, via ground (2-5 days) to the Customer’s location. Expedited shipping is also available at the Customer’s expense. The customer shall be responsible for paying all shipping charges, duties, taxes, and any other charges for products returned to any other locations.
Warranty is subject to the limitations and exclusions set forth in the paragraphs that follow.
Damage and other repairs
Product returned for warranty service where the problem is deemed to be outside of warranty is subject to a service charge plus shipping costs. Service performed outside the scope of this warranty will be charged at current time and material rates plus shipping costs.
WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS.
Warranty coverage shall not apply to any claimed defect, failure or damage which Trussworks determines was caused by: abuse, neglect, improper use of product; failure to provide product maintenance, including but not limited to cleaning of the display in accordance with product reference guide; installation or service of product by other than Trussworks representatives; use of product with any other instrument, equipment or apparatus; modification or alteration of product or units with Warranty Void labels that have been tampered with.
Returned products that Trussworks has determined are not covered by warranty will be charged the Trussworks standard repair rates in effect for repair of product. Replacement of display due to scratching stains or other degradation will not be covered under warranty. If a product is determined to be un-repairable, the customer will be notified and the product can be returned to customer at their request. A minimum service fee may be charged.
This warranty specifically excludes damage to the product including, but not limited to, the following:
- Damage during shipment other than original shipment to customer;
- Damage caused by impact with other objects, or drops and falls.
- Damage caused by the use of the product for purposes other than those for which it was designed;
- Damage caused by any other abuse, misuse, neglect, accident, negligence, mishandling or misapplication;
- Damage caused by products not supplied by Trussworks or failures which result from alterations, modifications or foreign objects;
- Damage from improper maintenance; or
- Damage attributable to acts of God.
In no event shall Trussworks be liable, whether in contract, negligence, tort, or on any other basis, for cover or for incidental, consequential, punitive or exemplary damages arising out of or in connection with the sale, services, maintenance, use, performance, failure, or interruption in the operation of the hardware, software or services, even if Trussworks is advised of the possibility of such damages.
Limitation of liability
TRUSSWORKS’S REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT AS SET FORTH ABOVE IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY ON ACCOUNT OF CLAIMS OF BREACH OF WARRANTY OR PRODUCT DEFECT. UNDER NO CIRCUMSTANCES WILL TRUSSWORKS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL IN-DIRECT, SPECIAL OR CONTINGENT DAMAGES REGARDLESS OF WHETHER TRUSSWORKS HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Trussworks’s entire liability and Customer’s sole and exclusive remedy for any product that fails to comply with this warranty shall be, at Trussworks’s option and expense: (i) to repair the non-conforming product; or (ii) to provide an equivalent replacement. Customer is responsible for returning the non-conforming product, properly packaged, to the Trussworks service center. Replacement parts or units shall not extend the original warranty and shall have a ninety (90) day limited warranty for defects in materials and workmanship.
The warranty period is not extended as a result of upgrading the product. To receive warranty service, the customer must promptly notify Trussworks of the warranty claim prior to expiration of the applicable warranty period.
Trussworks has the right to suspend warranty support for any customer with unpaid past due invoices.
This warranty is not transferable and applies only to the original end-user and the original product.
Risk of loss
Customer shall bear risk of loss or damage for product in transit to Trussworks. Trussworks shall assume risk of loss or damage for product in Trussworks possession or product being returned to customer by Trussworks, except such loss or damage as may be caused by the negligence of customer, its agents or employees. In the absence of specific written instructions for the return of product to customer, Trussworks will select the carrier, but Trussworks shall not thereby assume any liability in connection with the return shipment.
Standard Lead Times
Standard Lead Times are 2 weeks for standard items and 4-12 weeks for custom displays, depending on size. Your order will be scheduled within our standard lead times or with Rush Service as requested to meet your required ‘in hands’ date. The factory reserves the right to adjust lead times. Customers will be contacted regarding affected orders. All documents and approvals received after 12:00pm CST will be counted as received on the next business day. Your order will ship on, or before the scheduled ship date via the freight method requested on the order
Due to unavoidable style modifications and enhancements, products of comparable cost and style for those illustrated on our website may be substituted. We reserve the right to withdraw any product offering without prior notification.
Order Changes & Cancellations
Graphic or product manufacturing changes after final proof approval will be subject to additional charges. Customer is responsible for all labor and material costs incurred prior to cancellation and will be billed accordingly.
Credit / Payment Terms
All orders must be paid in full prior to shipment until credit terms are established. We accept Visa, Master Card, and American Express credit cards. Past due balances will be charged interest rate of 1.5% per month (18% per year)
Random printed samples available. Contact Customer Care for details.
Artwork shown in the catalog is for illustrative purposes only. By submitting order and artwork to the factory, the customer represents that the use or display of artwork will not violate applicable laws or client restrictions and hereby holds the factory harmless.
Claims / Returns
Any damages or discrepancies must be reported within 48 hours of receipt of merchandise. Factory reserves the right to not honor any claims not reported within 48 hours. Please note, all returns are subject to prior approval by a Customer Care Representative. Returns will not be accepted after 30 days and cannot be returned without prior authorization from factory. Returns may be subject to a 25% restocking fee. Contact Customer Care for additional Claims/Returns processing information.
Attorney Fees and Costs
In the event Trussworks takes legal action to enforce payment for services rendered, Customer agrees to pay the reasonable attorney fees, court costs, and any other costs and expenses incurred by Trussworks related to such enforcement.
Client Owned Inventory
We may, from time to time, house materials or inventory owned by Client (“Client Materials”) at our facility (“Our Facility”) in order for us to perform services for Client. We and client desire to agree to the terms and conditions upon which we will store such Client Materials. Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Client agrees to pay the storage and other fees associated with our storage, inventorying and warehousing of the Client Materials (“Client Materials Warehouse Storage Fees”).
2. Upon receipt of Client Materials, Client agrees that it shall bear all and insure against all risk of loss at all times while such Client Materials are located at the Our Facility or while such Client Materials are under our direction and control . Unless caused by the gross negligence or willful misconduct, in no event shall we be liable for any loss or damage to the Client Materials.
3. In the event there is no order or de minimus activity related to the Client Materials for a period of twelve (12) months or upon expiration or termination of a separate Agreement or there are past due storage fees beyond 3 months, we will use reasonable efforts to notify Client of any such Client Materials which remain under our direction or control. Client shall remain liable for all costs related to the shipment of such Client Materials. If Client does not respond to our attempts to notify Client, we shall have the right to destroy, resell or otherwise dispose of such Client Materials and Client shall be liable for all costs and expenses related thereto, including but not limited to all costs of shipment, destruction, resale, enforcement of and collection under this Agreement, including reasonable attorneys’ fees.
4. This Addendum shall remain in effect until such time as we are no longer in possession or control of any Client Materials provided that either party may terminate this Addendum immediately for cause upon written notice (including email), which notice will include a ten (10) business day opportunity to cure. Either party may terminate this Addendum for convenience upon sixty (60) days written notice to the other party.
Concepts, Designs, Plans created by Us
All concepts, designs and/or plans created by Trussworks is copyrighted and owned by Trussworks. Use of our design and/or plan to build the structure or reverse engineer the item, without the express written consent of Trussworks is expressly prohibited. The overall form as well as the arrangement and composition of spaces and elements are considered protected by copyright. Unauthorized use of our design and/or plan can legally result in cessation of construction and/or monetary compensation to Trussworks.
All trademarks, service marks and trade names of ours used on the Website are trademarks or registered trademarks of us in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
If you choose to upload or otherwise submit any material to us, including without limitation, video photographs, images, text, graphics, sounds, data, or files to the Website, by uploading such video or photographs you represent and warrant that: (1) you own or otherwise possess all necessary rights with respect to your Submissions; (2) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and (3) you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
Our Use of Information Submitted
You agree that we are free to use any comments, information, reviews, feedback, postings, materials, company logo or mark, photographs, artwork, ideas, or any other content contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. For ideas and/or suggestions that you submit, you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us.
We may also change, suspend, or discontinue any aspect of the Website or the Services at any time, including the availability of any feature or content without prior notice. Any updates to the Site will be subject to these Terms and Conditions.
You agree to indemnify, defend and hold us, our shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Website or your violation of these Terms and Conditions, any law or the rights of any third party
By using the Website or ordering a product or service from us, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Governing Law; Exclusive Venue and Jurisdiction. The laws of the State of Iowa shall govern this Agreement, without regard to conflict of law principles. In the event of litigation, Customer knowingly consents to the personal jurisdiction in the state and federal courts located in Linn County in the State of Iowa. Customer agrees to waive any personal jurisdiction argument about the lack of sufficient, minimum contacts by such courts located in Cedar Rapids, Iowa.
This agreement is controlled and operated within the United States, and is not intended to be subject to the laws or jurisdiction of any country or territory other than that of the United States. We do not represent or warrant that this agreement or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to use this site or purchase from us do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision. These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.