We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Site, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Site and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its affiliates and its providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
The Company name, the Company logo and all related logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other person or entity.
This Site may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of such materials.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any material on the Site may be out of date at any given time, and we are under no obligation to update such material.
The owner of the Site is based in the United States did not address Canada as discussed, for use by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND CONTRACTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This website is operated by Holman.
All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected]
Effective Date: April 4, 2018
These terms and conditions (the "Terms") apply to the purchase and sale of certain products and services through Holman's Distributor Portal (the "Site"). In these Terms, Holman is referred to as "KM", "us", "we", or "our". You and your company are referred to as "you" or "purchaser".
We reserve the right to modify these Terms from time to time, without prior notice. However, if we do, then the modified version of these Terms will be posted on the Site, with the Effective Date of the modification(s). You should review these Terms before purchasing any product or services through the Site. Your continued use of this Site after a posted modification to the Terms is your acceptance of and agreement to that modification.
(a) Order Processing. We will arrange for shipment of the products to you. We will process orders received within 24 business hours, and products will be shipped within 3 to 5 business days after order processing. We will email a tracking number after your order has shipped.
(b) Title, Risk of Loss and Delivery. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates and times are estimates only and cannot be guaranteed. For the most up-to-date information, please review the tracking number on your "shipped" email and contact your assigned carrier. We ship via UPS or other carrier, depending on size, weight and destination. We are not liable for any delays in shipments. Once an order leaves our facility, it cannot be cancelled.
6. Returns and Refunds.
(a) Your Inspection at delivery. Prior to signing for the shipment, you must inspect the product for any damage and you must either refuse or accept delivery, by making a note on the shipping receipt at time of delivery. To file a claim for damage, you must contact Customer Service at (800) 343-7486 to file a claim on your behalf within 2 business days from the date of delivery. If you do not timely claim damage, you will deemed to have accepted the product.
(b) Damage or Lost in Transit. At time of delivery to you, you must separate merchandise damaged in transit from non-damaged merchandise, so that the rejected merchandise can returned to the carrier. The quantity and part number of damaged items must be notated on the bill of lading. If possible, take digital pictures of the damaged merchandise to support making a claim against the carrier. If there is damage or loss, you must notify KM in writing ([email protected] or Fax (916) 638-0177) as soon as possible, but in no event later than 5 business days after delivery. Your notice must include the quantity and part number of damaged or lost items, plus digital pictures.
(c) Returns. All returns must be authorized by KM prior to shipment back to KM or KM's designated return point. Return Authorization requests must be made within 14 days of receipt of product. You must obtain a return authorization number from KM Customer Service and display that number clearly on the shipping package. Returns without a KM return authorization number will be refused. Products being returned must be in the original packaging and/or protected from damage in transit. If these terms are not met, no credit will be issued and the items may be refused on delivery. If these terms are met, a 20% restocking fee will apply and you may be issued a credit on the purchase price of the goods damaged and returned (excluding the original out bound shipping charges and return shipping charges). Products returned to us but damaged in transit may complicate or invalidate a warranty claim. You bear the risk of loss during shipment back to us. Return freight charges are your responsibility and must be prepaid. Returns shipped freight collect will be refused.
7. LIMITED WARRANTY.
(A) All products manufactured and sold by us are covered by the Holman Manufacturing and Equipment warranty set forth in this Section 7. There are no other warranties.
(B) WARRANTY. This LIMITED WARRANTY is made by Auto Truck Kargo Equipment, LLC
d/b/a Holman (“Holman Manufacturing and Equipment”), with an address at: 10933 Trade Center Drive Rancho Cordova CA 95742. Holman Manufacturing and Equipment WARRANTS FOR A PERIOD OF 36 MONTHS FROM THE DATE OF PURCHASE BY THE ORIGINAL RETAIL PURCHASER, THIS PRODUCT WILL BE FREE FROM MATERIAL DEFECT AS TO MATERIALS AND MANUFACTURING, NAMELYOR STRUCTURAL FAILURES. During such 36 months, if Holman Manufacturing and Equipment determines this product has a material defect as described in the prior sentence, Holman Manufacturing and Equipment, at its option and expense, will either replace or repair this product.
(C) EXCEPTIONS AND EXCLUSIONS. HOLMAN MANUFACTURING AND EQUIPMENT'S WARRANTY DOES NOT COVER SHIPPING DAMAGE, PRODUCT MISUSE, IMPROPER INSTALLATION, ROAD HAZARDS, IMPAIRMENT FROM ACCIDENTS, OVERLOADING ABOVE OUR STATED RACK CAPACITY OR OTHER MISUSE. OUR WARRANTY DOES NOT COVER THE COST OF REPAIRS MADE OUTSIDE OUR FACTORY WITHOUT OUR PRIOR AUTHORIZATION. ANY ALTERATION TO OUR PRODUCT RENDERS OUR WARRANTY NULL AND VOID.
(D) LIMITED WARRANTY. OUR WARRANTY SET FORTH IN THIS SECTION 7 IS OUR SOLE OBLIGATION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS, FITNESS FOR A PARTICULAR PURPOSE, AND ALL REPRESENTATIONS, ARE HEREBY DISCLAIMED. NO PERSON IS AUTHORIZED TO MAKE ANY ADDITIONS OR OTHER CHANGES TO OUR WARRANTY IN THIS SECTION 7 UNLESS SUCH CHANGES ARE SET FORTH IN A WRITING SIGNED BY AN OFFICER OF HOLMAN MANUFACTURING AND EQUIPMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(E) LIMIT OF LIABILITY. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AT OUR OPTION, UNDER OUR WARRANTY IN THIS SECTION 7. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE.
(F) OTHER LIABILITY DISCLAIMED. FURTHER, WE HEREBY DISCLAIM ANY OTHER LIABILITY TO, AND IN NO EVENT SHALL WE BE LIABLE OR RESPONSIBLE TO, ANY PURCHASER OR ITS EMPLOYEES, AGENTS, CUSTOMERS, OR OTHER USERS OF OUR PRODUCT, FOR ANY CLAIMS OR DAMAGES, OTHER THAN THE COST TO REPAIR OR REPLACE OUR PRODUCT UNDER THIS SECTION 7. THIS LIMITATION APPLIES TO CLAIMS AND DAMAGES OF ANY KIND, INCLUDING DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF USE, COST OF CAPITAL OR OPPORTUNITY DAMAGES), OR INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR DEATH, BODILY INJURY OR PROPERTY DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS IN THIS SECTION 7(F) MAY NOT APPLY TO YOU.
(G) Making a Claim for Warranty. To make a claim for warranty under this Section 7, you must submit, as soon as possible, a written description of the claim, one or more photographs of the product, and written proof of purchase to us at [email protected] or Fax (916) 638-0177. Your notice must include the quantity of product and the part number. You bear the risk of loss to product returned to us under a warranty claim under this Section 7. Your freight costs to our factory may be paid by us, if we elect to repair or replace the product under this Section 7.
8. Compliance with Law. You agree to comply with all applicable laws and regulations relative to your use of KM products, including US export control laws.
9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in our performance when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing law. These Terms are governed by the laws of New Jersey without regard to its conflict of laws rules. The UN Convention on the International Sale of Goods is expressly excluded. Any litigation under these Terms shall be commenced and maintained in US District Court, District of New Jersey, sitting in Camden, New Jersey, or if jurisdiction is lacking, in New Jersey state court, sitting in Burlington County, New Jersey. You and we specifically agree to waive the right to a jury trial.
11. Assignment. You may not assign your rights and obligations under these Terms without prior written consent, and any purported assignment without such consent is null and void. Our failure to enforce any of our rights under these Terms is not a waiver of such right. These Terms benefit only you and us, and there are no third party beneficiaries.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to (916) 638-0177 or (ii) by personal delivery, overnight courier or registered or certified mail to Holman, 2587 Mercantile Drive, Rancho Cordova, CA 95742. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective 3 business days after they are sent.
EFFECTIVE DATE: APRIL 4.2018
Welcome to the Holman Website (the "Site"). When you're visiting the Site, we don't want you to worry that we will misuse the information you share with us about yourself. It is important to us that all of our customers understand what information we gather about them, how we use it, and how we work to protect it. By using the Site, you consent to the information practices described in this policy.
Personally Identifiable Information is information that can be used to locate you, contact you, or determine your specific identity. When other information is linked to Personally Identifiable Information, it also becomes Personally Identifiable Information. We may collect Personally Identifiable Information from you in several ways. In addition to the collection of Personally Identifiable Information, we may also automatically receive and record information in our server logs from your browser, including your IP address, your computer's name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information. This information will not be associated with your Personally Identifiable Information. We will use email to communicate with our customers. By using our service you agree to receive status notifications, a monthly newsletter, and on occasion, selected special offers and promotions. At no time will you receive more than two special offers a month and you are free to unsubscribe at any time by using the unsubscribe link found on each newsletter. We may or may not use a third party to send email, however, your Personally Identifiable Information will never be disclosed or shared with another party without your explicit permission as required by law.
Disclosure of Personally Identifiable Information
In general, we will not disclose your Personally Identifiable Information to unaffiliated third parties without your express consent. If we seek your consent to disclose your Personally Identifiable Information to a third party, we will do so unambiguously, explaining precisely what information we seek to disclose, the entity to whom we wish to disclose it, and the purpose for the disclosure. There are, however, some limited circumstances in which we may need to disclose Personally Identifiable Information about a user, and we want you to know about them: We may employ other companies to perform functions on our behalf, such as fulfilling orders, providing customer service, sending mail, processing credit card payments, or other functions necessary to our business.
We will reveal information, including Personally Identifiable Information, to the extent it reasonably believes it is required to do so by law. If we receive legal process calling for the disclosure of any of your personally identifiable information we will, if permitted by law, attempt to notify you via the e-mail address you supplied during registration within a reasonable amount of time before we respond to the request. We may transfer information it collects, including any Personally Identifiable Information, in connection with a sale of all or most of the assets of the company. Should your Personally Identifiable Information be transferred as the result of such sale, you will be notified via email.
Use and Disclosure of Anonymous Information
Anonymous Information is any information collected from you or by us, other than Personally Identifiable Information, including aggregate information derived from Personally Identifiable Information. We may use Anonymous Information to improve our Site and service, to monitor traffic and general usage patterns, and for other general business purposes. We may disclose Anonymous Information to third parties for a variety of business reasons, including to publishers to inform them as to what content is appealing to their readers, to advertisers to inform them of the usage habits or characteristics of the interested audience, and to potential investors so that they may better understand our user base, etc. Anonymous Information will not include any Personally Identifiable Information and we will not disclose any Personally Identifiable Information except as expressly stated elsewhere in this policy.
Changing or Removing Information
We want to ensure that you have appropriate control over your Personally Identifiable Information. You can change your Registration or Customer Information, by emailing [email protected]. If at any time you would like to delete your Registration Billing Information you can send an e-mail request to [email protected]. After receiving your request, such information will be deleted assuming (i) you are current with all payment obligations; (ii) we do not believe it is reasonably necessary to keep such information for any pending legal action; and (iii) we are under no other legal obligation to retain such information. If such information is deleted, however, any unfulfilled subscriptions will be cancelled without refund and you will have to re-register with us.
Since Anonymous Information is by its very nature non-personally identifying, we have no way to locate Anonymous Information obtained by your use of the service. In addition, Anonymous Information is often aggregated. Therefore, we cannot remove Anonymous Information obtained from you or as a result of your usage of the website or service.
We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. Your personal data will be stored within a database that is located behind a firewall for added security. The server housing the database is physically protected at a secure, third party site. No data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk. Any transmission to our Site or service of Personally Identifiable Information and credit card information uses SSL encryption.
Other Web Sites
The Site contains links to other sites that are not owned or controlled by us. Please be aware that we at KM are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Site.
We utilize remarketing which allows us to display its ads to people who have recently visited this Site. Upon visiting our Site, the visitor's IP address is collected through a remarketing cookie that has been installed on the visitor's computer. Remarketing ads will be shown to the visitor throughout the Google Display Network for a designated amount of time, not to exceed 30 days. Visitors can opt out of the use of remarketing cookies by visiting Google's Ads Settings.