Terms of service

Terms of Service

1. ENTIRE AGREEMENT

These T&C form part of the Order and, together, they govern any and all sales by USA TrackBusway LLC (hereinafter referred to as “Seller”) of any and all products (collectively, “Product”).

Seller will deliver the Product in accordance with these T&C; and Buyer’s purchase and acceptance of the Product is strictly conditioned upon and subject to these T&C.

Any new, different, additional or other terms and conditions in Buyer’s purchase order, proposal, payment enclosure, acknowledgement or any other writing (as applicable) are hereby rejected and are null and void except as expressly agreed upon in writing in the Order and signed by both parties.

No changes, additions or modifications of any of the provisions herein will be of any force or effect unless made in writing and executed by Seller.

The Order, including these T&C, comprises the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties and communications, both written and oral.

Fulfillment of Buyer’s Order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these T&C. By issuing an Order for any Product, Buyer certifies that Buyer is authorized to enter into the Order, and agrees to all of the terms contained herein.

2. CHANGES

Before Seller accepts an Order under Section 6, Buyer may request cancellation of the Order. After Seller accepts an Order, Buyer may not cancel or change the Order unless Seller specifically agrees in writing. Nothing in this Section limits Buyer’s right to return eligible Products under Section 3. If a change accepted by Seller increases Seller’s costs or time of performance, Seller will notify Buyer, and Seller will obtain Buyer’s approval of the applicable adjustment before proceeding.

3. RETURNS

3.1 Eligible Products and return window

Seller accepts returns of eligible standard catalog Products within 30 calendar days after delivery. Standard catalog PowerDrops and tap-offs are eligible, including Products ordered with normally offered receptacle types, amperage, voltage, termination, cord length, enclosure configuration, or finish.

Published standard track lengths, including 2.5-, 3-, 5-, 7-, and 10-foot variants, are not custom-cut Products merely because different standard lengths are offered.

3.2 Return Authorization (RMA) and prepaid label

To request a return, email sales@trackbusway.com with your order number and the Product you wish to return. After confirming eligibility, USA TrackBusway will issue an RMA and email a prepaid return-shipping label with return instructions.

An RMA is required before any return is shipped. The prepaid return label is provided at no charge and will not be deducted from an otherwise eligible refund.

Returns are handled by mail. Ship authorized returns to:
USA TrackBusway LLC
4777 Roberts Rd
Columbus, OH 43228
United States

3.3 Product condition

Eligible Products must be unused, uninstalled, undamaged, complete, and resalable. Products must be returned in their original packaging with all included components and documentation.

3.4 Non-returnable Products

• Track or other Products custom-cut to a customer-specified dimension that is not a published standard catalog length.
• Genuinely bespoke or specially engineered Products outside normal published catalog configurations, but only when the quotation or Order expressly identified them as custom and non-returnable before purchase.
• Clearance and open-box Products.
• Products expressly identified as Final Sale before purchase.

A standard catalog PowerDrop or tap-off is not non-returnable merely because a listed configuration was selected. Products cannot be classified retroactively as custom or Final Sale after purchase.

These non-returnable provisions do not eliminate remedies for verified defective or incorrectly supplied Products. Those matters remain subject to the applicable warranty, including Section 4, Order documents, and applicable law.

3.5 Restocking fee and shipping charges

A 20% restocking fee applies to eligible, non-defective Product returns. No restocking fee is charged for a return accepted as a verified warranty or Seller-error return.

Original outbound shipping charges are non-refundable, except when Seller supplied the wrong Product or when otherwise required by law.

3.6 Refund method and timing

Seller processes refunds to Buyer's original payment method within 10 business days after Seller receives, inspects, and approves the return, less any applicable restocking fee and non-refundable original outbound shipping charges.

3.7 Different Products

Seller does not accept exchanges. A Buyer wanting a different Product may return an eligible Product and place a new order.

4. WARRANTY; DISCLAIMER

Seller warrants to the original Buyer that, for a period of twelve (12) months from the date of shipment of the Product, the Product will be free from material defects in material and workmanship.

If Buyer notifies Seller of a warranty defect within the Warranty Period, then as Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability, Seller shall (in Seller’s sole discretion) either replace the defective Product or refund Buyer the purchase price paid with respect thereto.

The remedies set forth herein are available only to the original purchaser of the Product; and Seller may require proof of purchase in its discretion.

SELLER DOES NOT WARRANT THE PRODUCTS AGAINST NORMAL WEAR AND TEAR, UNAUTHORIZED MODIFICATIONS OR IMPROPER USE, IMPROPER INSTALLATION, POWER SURGES, OR IMPROPER MAINTENANCE.

THE PRODUCTS ARE NOT DESIGNED TO BE INHERENTLY FAIL-SAFE, NOR ARE THEY DESIGNED FOR USE IN ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE.

EXCEPT AS SET FORTH HEREIN, SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, WHETHER BASED ON CUSTOM, COURSE OF PERFORMANCE OR INDUSTRY STANDARD AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

SELLER FURTHER DISCLAIMS ANY AND ALL WARRANTIES THAT THE PRODUCT WILL PERFORM IN ANY CERTAIN MANNER OR ACHIEVE ANY PARTICULAR RESULTS.

Product service life and ongoing support. The twelve-month warranty period in this Section describes warranty coverage; it does not specify the service life of a Product or an end date for replacement-part and post-purchase support inquiries. For current replacement options, compatibility and support information, see Replacement Parts & Long-Term Support or contact Seller. Availability and compatibility must be confirmed for the specific Product and configuration. This information does not extend or otherwise change the warranty coverage or remedies stated in this Section.

5. PRICE; TAXES

Buyer will pay the price for the Product as indicated in the Order, including any applicable federal, state, or local taxes.

6. ACCEPTANCE; PAYMENT TERMS; INVOICES

Buyer’s submission of an Order constitutes an offer to purchase the Products identified in the Order. An automatically generated order number, checkout page, order-receipt email, payment authorization, pending card hold, or similar automated communication acknowledges receipt only and does not constitute Seller’s acceptance of the Order.

Seller will have three business days after submission to review and accept or decline the Order. Seller accepts an Order only by sending an affirmative written acceptance through an authorized representative or by manually capturing payment after completing its review. If Seller does not accept the Order within that period, the Order will be deemed declined.

Before acceptance, Seller may decline an Order based on product availability, pricing or calculation errors, configuration issues, shipping feasibility, suspected fraud, legal or compliance concerns, or Seller’s inability to fulfill the Order. Seller may also cancel an accepted Order if a material pricing, configuration, availability, legal, or fulfillment issue is subsequently discovered. If Seller cancels an Order after capturing payment, Seller will refund the amount paid for the unfulfilled Products to the original payment method.

A payment authorization is not a completed charge. The timing for release of an expired or cancelled authorization is controlled by the Buyer’s bank or payment provider.

Seller will need to be paid by Buyer prior to shipment. Seller will send all invoices to Buyer at the address indicated on the face of the Order.

Except as otherwise set forth in the Order, Buyer will pay all invoices prior to Seller shipping such order. Buyer will have no right of set off or recoupment with respect to invoices submitted by Seller pursuant to this Order or any other order.

Buyer understands and agrees that Seller reserves the right to recover attorney’s fees and court costs in the event Seller has to engage counsel or commence any legal action to enforce any of Seller’s rights under the Order or these T&C, including the right to receive payment for the Order.

SELLER RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY FOR ANY ORDERS SUBMITTED AFTER SUCH CHANGE.

7. SHIPMENT AND DELIVERY

Shipping methods, packaging, charges, and carrier selection are subject to Seller’s review and approval. A shipping method or rate displayed during checkout is an estimate based on the information available to the checkout system and does not guarantee that the Products are eligible for that method.

Certain Products require or are better protected by skid packaging and less-than-truckload (‘LTL’) freight. If Seller recommends LTL freight and Buyer instead requests small-parcel shipping (‘parcel shipping’), Seller may decline the request or condition approval on Buyer signing a separate Parcel Shipping Election and Limited Transit-Damage Release for the identified Order. Selecting a parcel rate at checkout does not constitute Seller’s approval of parcel shipping or the Buyer’s execution of that release.

Any approved allocation of carrier-caused transit risk will be stated in the separately signed document, subject to applicable law. Except as expressly modified by that signed document, all other provisions of the Order and these Terms remain unchanged.

All shipment costs will be listed as separate line items on the invoice, and will be paid for by Buyer.

Seller shall make commercially reasonable efforts to assist Buyer with any problems related to the delivery of the Products and to report any delays in shipment to Buyer; but Buyer understands and acknowledges that delivery dates are estimated and Seller will not be liable for any damages or other claims resulting from delays in shipment or delivery.

COSMETIC DAMAGE INCLUDING SMALL RUBS, BLEMISHES, OR OTHER MARKS CAN OCCASIONALLY OCCUR DURING SHIPPING.

8. INSPECTION AND NONCONFORMING PRODUCT

Except as expressly modified by a separately signed Parcel Shipping Election and Limited Transit-Damage Release, the inspection, claim, and remedy provisions of this Section apply.

Buyer must thoroughly inspect the shipment within two business days of delivery for shipping damage or other Product defects. If visible shipping damage exists on delivery, Buyer shall ensure that the carrier notes the damage before departing.

If Buyer receives a Product with visible shipping damage or other patent Product defect upon shipment, then Buyer must file a claim with Seller within two business days of delivery or such claims are waived, subject to applicable law. Concealed damage should be reported promptly after discovery, subject to applicable law.

Except for claims under the Limited Warranty or for concealed damage reported promptly after discovery, Buyer shall be deemed to accept “as is” all Product after two business days of delivery, subject to applicable law.

If Buyer makes a claim for shipping damage or other patent Product defect within two business days of delivery, or reports concealed damage promptly after discovery, then Seller shall in its discretion, as Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability, either replace the damaged Product or refund Buyer the purchase price paid with respect thereto, subject to applicable law.

9. TITLE AND RISK OF LOSS

Except as expressly modified for carrier-caused transit loss or damage in a separately signed Parcel Shipping Election and Limited Transit-Damage Release, title to and risk of loss of or damage to the Products during transit pass to Buyer upon delivery. Nothing in this Section waives rights that cannot lawfully be waived.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE ORDER OR THE PRODUCT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID FOR THE PRODUCT WITH RESPECT TO WHICH THE CLAIM RELATES.

IN NO EVENT SHALL SELLER OR ITS AFFILIATES, LICENSORS OR VENDORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, USE, GOODWILL OR BUSINESS OPPORTUNITY, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE PRODUCT OR THE ORDER, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

11. COMPLIANCE WITH LAWS

It is the responsibility of Buyer, not Seller, to ascertain and obey all Applicable Laws in regards to the possession and use of the Product. Buyer should consult its, his or her local, state and country laws before ordering and using Products.

By placing an Order, Buyer represents that the Product ordered will be used in a lawful manner. Under no circumstances shall Seller, its affiliates, vendors or licensors be liable or responsible for the use of any Product purchased.

These terms are effective and binding upon the Buyer’s heirs, agents, personal representatives and assigns. If Buyer is an individual, Buyer represents, warrants and covenants that that he/she is over 18 years of age.

Buyer further agrees that by purchasing Products, placing an Order, or sending payment for Products, Buyer assumes all risks and waives and releases certain substantial rights that Buyer may have or possess (as set forth in these T&C).

12. BUYER’S RESPONSIBILITIES

Buyer warrants and agrees that Buyer will use the Products in accordance with their proper use, and in a safe manner in line with the intended and instructed use of the Products.

Except as authorized in writing by Seller, Buyer may not: (a) resell the Product as part of any business or commercial enterprise; (b) copy, modify or create any derivative works of the Product; (c) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any element of the Product, except to the extent expressly permitted by applicable law and then only with advance notice to Seller; (d) remove, obscure or deface any proprietary or other notices in or on the Product; (e) access the Product for the purpose of building a competitive product or service or copying its features or user interface; or (f) publish or make public any performance results from the Product unless such results are made public in an anonymized form that cannot be linked to Seller or the Product.

13. ASSIGNMENT

Neither the Order, these T&C, nor any right, obligation or interest therein, nor any claim arising hereunder, may be transferred or assigned by Buyer.

The Order and these T&C will be binding upon and inure to the benefit of the respective permitted successors and assigns, and any attempted transfer made in violation of these T&C will be null and void.

14. GOVERNING LAW; VENUE

The Order, including these T&C and any dispute regarding these T&C and/or the Product, and the rights and obligations of the parties thereto, will be determined in accordance with the laws of the State of Ohio without reference or regard to the conflicts of law rules thereof.

The United Nations Convention on the International Sale of Goods shall not apply and the parties hereby expressly reject its applicability.

Any legal suit, action or proceeding arising out of or relating to the Order shall be held exclusively in the federal and state courts located in the State of Ohio, in each case located in or near the City of Columbus and County of Franklin, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO TRIAL BY JURY.

15. FORCE MAJEURE

Seller shall not be liable or be deemed to have breached the Order, for any failure or delay in fulfilling or performing any term of the Order when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, tornado, hurricane, explosion, pandemic (including COVID-19), epidemic, governmental actions, voluntary or involuntary compliance with any governmental order or mandate, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, insurrection, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or vendors, or inability or delay in obtaining supplies of adequate or suitable materials, equipment or telecommunication breakdown or power outage.

During any period in which Seller’s supply is low, Seller may allocate any available Product in any manner deemed reasonable to Seller; and under no circumstances shall Seller be obligated to ship by expedited or any other means (other than as set forth herein), work overtime, or ship from any specific location in order to fill an Order.

16. MISCELLANEOUS

These T&C and any Order may only be amended in a writing which specifically states that it amends the Order and is signed by an authorized representative of each party.

No waiver by Seller of any of the provisions of the Order is effective unless explicitly set forth in writing and signed by Seller.

No failure to exercise, or delay in exercising, any rights or remedies arising from the Order may be construed as a waiver thereof. No single or partial exercise of any right or remedy hereunder precludes any other or further exercise thereof or the exercise of any other right or remedy.

Nothing contained herein shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

The Order is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein shall confer upon any other person or entity any legal or equitable right or remedy of any nature whatsoever.

If any term or provision of the Order or these T&C are invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Order or these T&C, or invalidate or render unenforceable such term or provision in any other jurisdiction.

Provisions of these T&C which by their nature should apply beyond their terms will remain in force after any termination or expiration of the Order.