Terms & Conditions
DB Hauling Terms and Conditions of use and sale.
I. DB Hauling Standard Terms and Conditions
Please read these terms and conditions carefully. They contain important information concerning the customer’s (“Customer”) legal rights, warranties, obligations, and available dispute resolution remedies. They also provide that if DB Hauling is unable to resolve any matter to the Customer’s satisfaction, the Customer will exclusively use arbitration to decide the dispute on an individual basis and not in a class action or representative proceeding.
Except in instances where DB Hauling and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of hauling products, or services providing for separate terms of sale, the following terms and conditions will apply. DB Hauling reserves the right to revise these Terms and Conditions at any time.
A. Sales Policy For Products
- Wholesale and Retail: DB Hauling sells its complete offering to Business Customers, government agencies, and individuals.
- Prices: “Web Prices” displayed on our website are subject to these Terms of Sale, do not include freight, handling, taxes, or duties, and are subject to change without notice. Volume discounts may be available at DB Hauling’s sole discretion.
- Sales Tax: Customer is responsible for all applicable state and local taxes, or for providing a valid sales tax exemption certificate prior to purchase.
- Payment and Credit Terms: DB Hauling accepts major credit cards, checks, and EFT/ACH. For Customers with established DB Hauling credit, payment terms are net thirty (30) days from the date of invoice. DB Hauling reserves the right to charge a late payment fee of 1.5% per month on unpaid balances.
- Security Interest: Customer grants DB Hauling a first-priority purchase money security interest in the products until full payment is made.
B. Dispute Resolution – Arbitration
Any dispute arising between DB Hauling and Customer relating to the purchase or use of any product or service will be resolved by binding arbitration, rather than in court, and solely on an individual basis. The Federal Arbitration Act applies. The arbitration will be conducted by the American Arbitration Association (“AAA”).
C. Freight Policy
Products are shipped F.O.B. Origin with all costs imposed by the carrier paid by DB Hauling and charged to the Customer’s invoice. Title and risk of loss pass to the Customer upon tender of shipment to the carrier. If the product is damaged in transit, the Customer’s only recourse is to file a claim with the carrier.
D. Product Warranty Policy
- Satisfaction Guarantee: If not satisfied with a product, DB Hauling will promptly provide an exchange or refund if the product is returned within 30 days of the invoice date, with proof of purchase.
- Limited Warranty: DB HAULING WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF INVOICE.
- Warranty Disclaimer: EXCEPT AS SET FORTH HEREIN, DB HAULING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
E. General Terms
DB Hauling and Customer are independent contractors. DB Hauling shall not be liable for any delay or impairment of performance resulting from acts of God, labor disruptions, states of emergency, or any other circumstance beyond reasonable control. All transactions shall be governed by the laws of the State of Indiana. Venue shall be proper in the state or federal courts located in Indianapolis, Indiana.
II. Terms of Access (Website and Mobile App)
Welcome to the DB Hauling website and mobile application. The website, mobile application, and all content, software, and functionality offered are collectively referred to as the “DB Hauling Property.”
1. Your Right to Use DB Hauling Property
DB Hauling grants you a limited, non-exclusive, non-transferable license to access the DB Hauling Property solely for legitimate business or personal purchasing purposes. You will not modify any proprietary rights notices or dilute our brand.
2. User Accounts
To use certain features, you must register a “User Account.” You must provide accurate information and keep your password secure. You are solely responsible for activity on your account. DB Hauling is not liable for unauthorized use.
3. Acceptable Use
You will not engage in activity that restricts others from enjoying the DB Hauling Property. You will not impersonate others, harass, discriminate, or violate third-party intellectual property rights. You may not scrape, data-mine, or extract DB Hauling Content using automated software, nor upload viruses or malicious code.
4. Intellectual Property Rights
All content provided by DB Hauling, including graphics, logos, text, and software (“DB Hauling Content”), is the property of DB Hauling or its licensors and is protected by intellectual property laws. You may not sell, modify, distribute, or copy DB Hauling Content for unpermitted commercial purposes.
5. Representations and Limitations of Liability
THE DB HAULING PROPERTY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DB HAULING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DB HAULING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE DB HAULING PROPERTY.
6. Contact Information
If you have questions regarding these Terms & Conditions, please contact us at:
DB Hauling
Indianapolis, IN
Phone: (317) 222-1671
Email: sales@dbhauling.com