TERMS OF SERVICE:

1. Customer Responsibility

As the customer, it is your responsibility to insure you’re ordering the correct parts for your vehicle and how it is outfitted from the manufacturer along with other aftermarket parts. Some parts we sell may not be compatible with your vehicle as vehicle manufactures are incorporating more electronics and options into the vehicles systems, exhaust locations, etc. We try to note these exceptions as we learn of them right away, but with so many variables between manufacturers it’s difficult to stay on top of every option and system as new vehicles are released. All Under Hitch Inc products are designed around a stock, non-modified, vehicle with factory products and limitations. Products sold are not fit around any aftermarket accessories. Customer must confirm proper installation and maintenance of products installed.

2. Consent of site use

  1. Your use of our Site constitutes your acceptance of, and agreement to follow and be bound by the Terms of Service, Warranty Policy, Shipping and any further policies or terms that govern your use of our Site and/or Services, which are all incorporated herein by reference (collectively, this "Agreement"). If you do not agree to these terms and conditions, please do not use the Site. We may from time to time change or modify the terms and conditions that govern your use of our Site and Services and this Agreement. Your use of our Site and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Under Hitch Inc may terminate your right to and deny you access to this Site, or remove any material you may have posted at the Site, if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Under Hitch Inc undertakes no obligation to police, supervise, or monitor materials posted to this Site by you or other third parties.

  2. Use of this Site is limited to persons over the age of thirteen (13). This Site is not directed to children under 13 years old. The policy of Under Hitch Inc, as the operator of this Site, is NOT to knowingly collect any personal information from children under 13, including "individually identifiable information," as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Site without providing any information about yourself. Any access to or use of this Site or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site, Services and this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. Release and Indemnification.

Customer shall have full knowledge of their vehicle. Under Hitch Inc, its shareholders, employees, retailers, distributors, suppliers, and all parties related to the parts sold here-within shall have no recourse in the actions of the consumer and/or product user.

4. Reservation of Rights

Any rights not expressly granted herein are reserved.

5. Product use

All products sold are for off-road use only.

6. COPYWRITE

The entire contents of the Under hitch Inc site(s) are protected by U.S. and international copyright and trademark laws. No usage is granted to Other’s.

7. Limitation of Liability

IN NO EVENT WILL UNDER HITCH INC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE — USE OF OR INABILITY TO — USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF UNDER HITCH INC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.  BECAUSE OF USE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, UNDER HITCH INC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Binding Arbitration by all parties

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Riverside County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. No action shall be performed after 180 (one hundred eighty) days after the action(s) arose and/or were committed. 

9. Third Party Linked Sites

This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). UNDER HITCH INC provides linked sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Under Hitch Inc of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave this Site. Linked Sites are not under the control of UNDER HITCH INC and UNDER HITCH INC is not responsible for the contents of any Linked Sites.


10. Termination

a. Under Hitch Inc retains the right to terminate use by any party at any time.

WARRANTY

Under Hitch Inc offers a limited lifetime warranty that covers the part(s) from manufacturing failure of welds or the steel assembly.

Warranty is limited and excludes wear, alteration, modification, road debris damage to the coating system or unit metal, rust, rust on the unit from metal-to-metal contact of the stored ball mount(s) and/or hitch pin(s), abuse, accidents, overloading the unit greater than the 75 pound limitation, hitch pin wear, or lack of maintenance. Under Hitch Inc reserves the right to refuse warranty claims made by any customer refusing or unable to present proof of purchase or presenting proof of purchase reflecting a price lower than the Under Hitch Inc retail price at the time the item was purchased.

  1. No warranty returns will be accepted without a Return Materials Authorization from Under Hitch Inc. You may request the Return Materials Authorization (RMA) at Sales@UNDERHITCH.COM

  2. If the returned item is damaged in transit back to the Under Hitch Inc facility, no credit will be applied. The unit will be scrapped.

  3. Buyer must pay for all shipping and handling charges associated with the warranty return shipping to our facility in California. Once the unit is received by our team, Under Hitch Inc will review the contents and apply the appropriate action within 30 (Thirty) Calendar days of receipt of the unit. If the unit is damaged, missing components, and/or falls under the warranty exclusions above, no credit and/or replacement unit will be applied to/towards the buyer and the buyer shall pay and/or accept the return shipping charges and no credit will be applied.

  4. All warranty returns are subject to a 20% (Twenty Percent) processing fee. Fee is based upon retail value.

  5. Under Hitch Inc reserves the right to deny any and/or all warranty claims.

  6. Under Hitch Inc reserves the right to either replace the unit with the same unit or provide a full or adjusted credit to the Buyer.

SHIPPING

  1. Under Hitch Inc utilizes three major carriers: UPS, FEDEX and USPS. We retain the right to choose the carrier that best fits the changing needs of our business, changing delivery dates, cost benefits for our Customers, etc. Under Hitch Inc is not responsible for carrier delays, errors, delivery insurance and/or payout thereof, and/or tracking. We simply do our due-diligence by use of these three major carriers, yet we have zero control over their operations.

  2. Shipping timelines vary based on inventory and date of sale. 

  3. Damages to goods received: Under Hitch Inc is not liable for any damages to goods sustained during any or all shipments. Buyer is responsible for filing and completing any damage claims with freight carriers and is subject to the rules of the freight carriers regarding the timing and processing of claims. Under Hitch Inc does not provide credit and/or compensation for freight damages.

  4. Backorders of goods: Under Hitch Inc will not ship incomplete orders unless the Buyer requests to have a split shipment produced. Costs for a split shipment shall vary and will be adjusted at Buyers expense.

  5. Cancellation of Order(s): If Buyer requests an order cancellation after the unit(s) have left the Under Hitch Inc facility, the Buyer has no cancellation rights and/or provisions.

  6. Under Hitch Inc retains the right to refuse or cancel any order at any time for any reason, without prior notice to Buyer.

RETURN POLICY

Under Hitch Inc offers a limited return policy under the following conditions:

  1. Under Hitch Inc will accept returns of an unopened unit in its original packaging, with ALL hardware, instructions and protecting packing materials in place. All returns and exchanges must be completed within 5 (FIVE) days of proof of delivery; no returns or product exchanges of any kind will be accepted if received after this period. Buyer must pay for all shipping and handling charges associated with the return shipping to our facility in California. Once the unit is received by our team, Under Hitch Inc will review the contents and apply the appropriate credit within 30 (Thirty) Calendar days of receipt of the unit. If the unit is opened, damaged, missing components, no credit will be applied towards the buyer and the buyer shall pay and/or accept the return shipping charges and no credit will be applied.

  2. No returns are accepted for a unit that was purchased and the buyer and/or user ball mount (commonly referred to as a “trailer hitch”) does not fit into the limited area(s) of that model of vehicle. Under Hitch Inc cannot foresee the thousands of ball mount and trailer hitch combination manufactured currently and/or previously manufactured by Others.

  3. If the unit is opened and there is missing hardware or other components, Under Hitch Inc will gladly send out that missing component free of charge to the original purchaser.

  4. All returns are subject to a 20% (Twenty Percent) restocking fee. Fee is based upon retail value.

  5. No returns will be accepted without a Return Authorization from Under Hitch Inc. You may request the Return Materials Authorization (RMA) at Sales@UNDERHITCH.COM

  6. If the returned item is damaged in transit back to the Under Hitch Inc facility, no credit will be applied. The unit will be scrapped.


WHOLESALE PURCHASES

Distributors and Retailers of Under Hitch Inc products are part of a pre-approved selection of established vendors chosen by Under Hitch Inc. 

Terms of Wholesale Purchases:


  1. Discounts:

    1. All discounts are based on volume of purchase(s).

    2. Individual & small Purchase Orders: 10%

    3. Per Purchase Order: $500.00 to $2,500.00 = 20%

    4. Per Purchase Order: $2,501.00 to $10,000.00 = 25%

    5. Per Purchase Order: $10,001.00 and up = 30%

  2. Retailers and Distributors shall maintain a minimum purchase of $2,500.00 per quarter to retain their wholesale account.

  3. Under Hitch Inc, through its executive Staff, can adjust the discount rates based upon a specific program or distribution agreement at any time. Under Hitch Inc reserves the right, without notice, to modify the terms of the wholesale Distributor and Retailer terms.

  4. Retail Pricing Structure:

    1. All Distributors Retailers on all platforms shall conform to the pricing set fourth by Under Hitch Inc. 

    2. Any Distributors and Retailers adjusting sales prices without written consent of Under Hitch Inc will have their account terminated.

    3. All sales prices must match the retail sales prices listed on the UnderHitch.com website.

    4. Allowable discounts are limited to the following: Under Hitch Inc promo code(s) and/or matching the current promotion offered by Under Hitch Inc and/or a current affiliate marketing campaign. All discounts shall be confirmed by email to sales@underhitch.com before offering and/or matching a current promotion.

    5. Under Hitch Inc reserves the right to change this program without notice.

  5. Purchase Orders:

    1. All Purchase Orders are processed upon a 50% (Fifty Percent) deposit by Buyer. No Purchase Orders will be processed and/or honored without payment attached. Only Purchase orders with deposits will reserve products for Buyer. See Backorders below for reservation of products.

  6. Payment forms and conditions:

    1. ACH or Wire Transfer. Under Hitch Inc May accept Zelle payments under pre-arranged agreements for convenience. All fees shall be paid by Buyer.

    2. 50% of Purchase Order value, less future shipping, due at submission of Purchase Order. 

    3. Balance of Purchase Order, including shipping costs, is due prior to shipping from our facility.

    4. If Distributor or Retailer requires credit terms, Under Hitch Inc can, as an option, refer you to a Factoring Company and/or a Purchase Order credit firm that provides credit to Companies in need of credit terms. Under Hitch Inc does not provide Credit (Neither in-house or Sublette), Terms, Net, Proxy and/or any Credit Terms.

  7. Returns - Buyer must receive a Returned Materials Authorization (RMA) prior to returning goods. Buyer must request an RMA within Ten (10) days of the date of the shipment in order to be considered. Seller will not issue an RMA for special order products. All goods returned to Seller must be in the original unopened packaging and in resalable condition and must pass inspection before Under Hitch Inc approves a credit. Returns and exchanges will only be considered to accounts in current good standing, which includes prior returned payments and/or charge-backs. A 20% (of retail value) restocking fee applies to all returns.

  8. Taxes: Any applicable federal, state, local or other government tax or charge on the sale or shipment of the goods covered by this Agreement shall be added to the price and paid by Buyer. Buyer agrees to hold Seller harmless from all such taxes, including interest and penalties thereon, and any costs and expenses in connection thereupon.

  9. Backorders: All Purchase Orders are honored in-line based on inventory. In short, it is a “first come-first served” Program that allows Buyers to pre-plan and per-order their products. Seller will only ship complete orders, unless Buyer specifies otherwise, and adjusted Shipping may apply. Once completed, backorders will ship without notification.

  10. Drop Shipments: Under Hitch Inc does not offer drop shipment at this time.

  11. Cancelation of Orders: If Buyer cancels an order once deposit is provided, those funds will not be refunded. All cancellations must be made via email to sales@underhitch.com. The amount of deposit shall be credited to the Buyers account for future Retail value purchases and/or the original order shall be filled with items/SKU’s within the Purchase Order at retail value and shipping fees, at the sole discretion of Under Hitch Inc. Buyer forfeits their Wholesale Discount due to cancellation of order(s). Buyer’s account shall be under future review of eligibility for discount due to cancelled order(s).

  12. Damages of Goods: Seller is not liable for any damages to goods sustained during shipment. This includes delays and/or secondary causes of a freight issue. Buyer is responsible for filing any damage claims with freight carriers and is subject to the rules of the freight carriers regarding the timing and processing of claims. Buyer is encouraged to use their own freight account so as to be in direct relations with carrier for claims if they arise.

  13. Shortages: Buyer must make all claim(s) for credit due to shortage within five (5) calendar days of the date of the shipment. Any shortage claim not made within this period is conclusively deemed waived by Buyer and/or third party Seller through a Distributor to Retailer.

  14. Shipments: All prices are F.O.B. Seller’s facility in Murrieta California. Under Hitch Inc utilizes three major carriers: UPS, FEDEX and USPS. We retain the right to choose the carrier that best fits the changing needs of our business, changing delivery dates, cost benefits for our Customers, etc. Under Hitch Inc is not responsible for carrier delays, errors, delivery insurance and/or payout thereof, and/or tracking. We simply do our due-diligence by use of these three major carriers, yet we have zero control over their operations. 

  15. Under Hitch Inc reserves the right to change the terms of wholesale Buyer/Seller conditions at any time without notice.