Hardware Purchase Policy

1. Orders and Acceptance

You may purchase Hardware from an authorized retail distributor, an authorized reseller, or directly from KeepTruckin. To place an order for Hardware directly from KeepTruckin, you must enter into an Order Form. KeepTruckin may, in its sole discretion, refuse or cancel any order and limit order quantity. KeepTruckin may also require additional qualifying information prior to accepting or processing any order. 

Your delivery and KeepTruckin’s receipt of your Order Form does not constitute acceptance by KeepTruckin, and an order is not considered accepted until KeepTruckin accepts the Order Form. KeepTruckin reserves the right at any time after receiving your order to accept or decline your order for any reason. If KeepTruckin cancels an order after you have already been billed, KeepTruckin will refund the billed amount.

2. Pricing and Payment

The pricing and payment for the Hardware will be as set forth in your Order Form or as set forth in the authorized retail distribution store or authorized reseller order form, which may or may not include all taxes and transportation costs. Please refer to the payment provisions of the Terms of Service with regards to your Billing Account and Payment Method or the terms of the retail distributor or reseller who has sold you the Hardware.

3. Delivery, Title, and Risk of Loss – For Non-retail Hardware

Title and Risk of Loss to any Purchased Hardware (except with respect to the Software installed on the Purchased Hardware) will pass to Customer at the time the Purchased Hardware is picked up by a carrier from a KeepTruckin location (i.e. F.O.B. Origin) or at the point of purchase for purchases from authorized retailers, in each case unless otherwise specified by the authorized retailer or any applicable Lender. The timing of delivery of your Hardware shall be based upon acceptance of an Order Form. Any delivery dates or times provided by KeepTruckin (or a delivery agent) are estimates and not guaranteed, unless otherwise agreed to when KeepTruckin accepts your Order Form. KeepTruckin shall not be liable for any late or delayed delivery of your Hardware.

4. Shipment

Unless otherwise specified by agreement between Buyer and KeepTruckin, KeepTruckin will ship by the method it deems most commercially advantageous. Buyer may request specific shipping instructions, and KeepTruckin reserves the right to bill Buyer for any extra shipping costs due to such request. If Hardware is purchased from an authorized retailer or authorized reseller, please refer to their terms for shipping information.

5. Use of the Services

When using the Hardware, your use of the Services is governed by the Terms of Service. You may not alter the Hardware or use the Hardware with any unauthorized services, and KeepTruckin is not responsible for any use of the Hardware not in accordance with this agreement, the Terms of Service or the Hardware Warranty (as defined below).

6. Privacy

Please refer to our Privacy Policy, Terms of Service, and any other applicable agreements for terms relating to how we use information and data collected in connection with use of the Hardware and Services.

7. Limited Warranty

KeepTruckin offers a limited warranty on the Hardware, the terms of which are available at keeptruckin.com/warranty (the “Hardware Warranty”). Unless otherwise agreed to in writing, the Hardware Warranty applies only to end users of the Hardware who have purchased the Hardware directly from KeepTruckin or from one of KeepTruckin’s authorized resellers or authorized retailers. KeepTruckin does not warrant any Hardware purchased from other parties. Please see the Hardware Warranty for limitations and details regarding returns of defective devices and refunds with respect to Services unavailable due to defects.

The Hardware Warranty does not apply to: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) damage caused by accident, abuse, misuse, neglect or failure to properly maintain (to include but not limited to water damage and/or condensation or improper temperatures during storage), or improper installation; (d) damage caused by electrical disturbances or acts of God, to include but not limited to civil disturbance, war, flood, fire, rodents or insects; and (e) damage caused during shipment (due to Buyer’s improper packaging) from Buyer to KeepTruckin in the case of Hardware returns for repair.

KeepTruckin does not warrant that the Hardware or any systems protected by the Hardware will be free from vulnerability, intrusion, attack, or other damage. KeepTruckin does not warrant that the operation of the Hardware will be uninterrupted or error-free.

OTHER THAN THE WARRANTIES REFERRED TO IN THE HARDWARE WARRANTY AND THE TERMS OF SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEEPTRUCKIN AND ITS HARDWARE MANUFACTURERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Refund and Return Policy for Hardware Sales

On a case-by-case basis, KeepTruckin reserves the right to authorize a full refund of any Hardware purchase made where a refund is requested within seven (7) days of the date on which the Buyer receives the Hardware. In such cases where a refund is approved, Buyer will return the Hardware to KeepTruckin. Buyer is responsible for shipping and insurance charges and any damage to the Hardware which takes place en route to KeepTruckin. KeepTruckin reserves the right to charge a restocking fee for any such returns.

In order to return your Hardware for a refund, you must, at your own expense, package and return the Hardware in its original box and packaging, and the Hardware must be returned in its original condition.

9. No Licenses Granted to Intellectual Property

A purchase of the Hardware does not come with any licenses to any intellectual property, except as granted and described in the Terms of Service for use of the Services.

10. Hardware Not for Resale

The Hardware may not be purchased for resale purposes by Buyer unless Buyer is a legal and authorized reseller of KeepTruckin products.

11. Data Stored on Hardware

In the event of a return of the Hardware, KeepTruckin will delete all data stored on the Hardware. KeepTruckin is not responsible for any loss of data stored on the Hardware or returned Hardware.

12. Limitation of Liability

Neither KeepTruckin nor its suppliers will be liable for any loss, damages or penalty resulting from delay in delivery when such delay is due to causes beyond the reasonable control of KeepTruckin, including but not limited to supplier delay, force majeure, act of God, labor unrest, fire, explosion or earthquake. In any such event, the delivery date will be deemed extended for a period equal to the delay.

KEEPTRUCKIN’S AND ITS SUPPLIERS’ LIABILITY ARISING OUT OF OR RELATED TO HARDWARE SALES WILL BE LIMITED TO THE REFUND OF THE HARDWARE PURCHASE PRICE. IN NO EVENT WILL KEEPTRUCKIN OR ITS SUPPLIERS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE HARDWARE BY BUYER OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT KEEPTRUCKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. Support

If you have any issues with the Hardware, please contact KeepTruckin at support@keeptruckin.com.

14. No Waiver; Severability

KeepTruckin’s failure to enforce any right or provision of this agreement and any of its counterparts will not be considered a waiver of those rights. If any of the terms of this agreement or any of its counterparts are unenforceable, it will not affect the enforceability of the rest of the terms of this agreement.

Change Log

February 23, 2021: The Hardware Purchase Policy was updated to make adjustments to delivery of hardware and transfer of title and risk of loss.