Polices & Procedures

Terms of Service (“Agreement”)

Please read these Terms of Service completely using www.tuffrax.com which is owned and operated by Spectrum Innovations, Inc., San Diego, CA. This Agreement documents the legally binding terms and conditions attached to the use of the Site at www.tuffrax.com. By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.

(1) Introduction

These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

(2) License to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

It is the policy of Spectrum Innovations, Inc. to respond to claims of patents and/or copyright infringements related to its family of products, service and websites. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable.You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website (including republication on another website)
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter). Where content is specifically made available for redistribution, it may only be redistributed within your organization.

(3) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.You must not use our website for any purposes related to marketing without our express written consent.

(4) Restricted access

Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.We may disable your user ID and password in our sole discretion without notice or explanation.

(5) User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

(6) Limited warranties

Whilst we endeavor to ensure that the information on this website (excluding user content) is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7) Limitations of liability

Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature
(b) we will not be liable for any consequential, indirect or special loss or damage
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control
(e) our maximum liability in relation to any event or series of related events will be limited to the cost of services provided by us directly

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(9) Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

(11) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(12) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(14) Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(15) Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with American law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of San Diego, California.

(16) Company Information

Spectrum Innovations, Inc.
5694 Mission Center Road,
Suite 602-454,
San Diego, CA 92108(800) 554-8545

At TUFFRAX®, we offer 100 % customer satisfaction guarantee. You must first obtain an RMA Number by calling (800) 554-8545 prior to filling out the RMA request form. Customer must inform TUFFRAX® of any discrepancy with your order within 3 days of receiving the product. You must request a return for refund within business 14 days after the invoice date. No refunds will be issued after 14 days of purchase.

  1. Returns MUST have a “Return Merchandise Authorization” number (RMA), click on RMA request form and fill out the entire form. Once submitted, you will be contacted by phone or email within 48 hours and an RMA number will be provided to you. When preparing the return label, write the RMA number on the outside of the original packaging.
  2. One RMA number can only be issued per invoice. If you have different items from different invoices, then you need to request a different RMA number for each invoice returns.
  3. When returning product, we strongly recommend the use of a carrier that can track packages. You are also responsible for insuring the returned item. TUFFRAX® will not be responsible for any shipping loss or costs of goods returned back to us.
  4. All return (s) must have the original packaging and accessories and in like-new resalable condition and uninstalled or used. There will be a 25% restocking fee for all returned items.
  5. The shipping fee is non-refundable. Buyer is always responsible for return shipping costs and insurance. TUFFRAX® will not reimburse any customer return shipping cost.
  6. Please allow 3-10 business days to process your return.
  7. TUFFRAX® reserves the right to refuse and void the return policy.
  8. All items are covered by our return policy.

If you would like to exchange or replace an item purchased on this website, you must do so within 14 business days from the date of purchase. All the item(s) returned need to be unopened and unused. You will also need to include a copy of your original invoice; an RMA number (please read section above on how to obtain an RMA number). If there is a difference in the cost, please refer to the payment method for the difference. If you do not include the required information with your return your exchange request will not be processed.

If you decide to cancel your order, you MUST notify TUFFRAX® by calling (800) 554-8545 before 11:00 am PST. For example, if your order was placed between 3:00pm and 10:00 am PST (the next day) you MUST cancel the order before 11:00 am. If your order is shipped after the 11:00 am cut-off time, you may refuse delivery and ask the carrier to ship the item back to us. If you do not refuse delivery you will be responsible for shipping the item(s) back to us at your expense. If the carrier returns the product (s) back to our warehouse due to incorrect address provided by you, we will contact you for the correct address and you will have to pay shipping costs for re-shipment.All Clearance products (products sold as “clearance”) purchased from TUFFRAX.com will not be accepted for returns. For further assistance please e-mail orders@tuffrax.com

At TUFFRAX® we take extra measures to save you money on your purchases. One of these measures is by paying for your shipping costs of your purchases. That is why we offer a 100% FREE shipping policy to you, on the original order invoice. This is only offered to customers in the continental United States. Transit delivery time to your location will be between 3-7 business days. Orders will be shipped via UPS Ground and/or FedEx Ground. If you order more than 4 units, we may ship your order on an LTL truck (less than truck load) carrier.When your order is delivered and before the driver leaves your premises, it is very important that you inspect all boxes for damages.

If you notice any visible damages to the box(s) you must point it out to the driver and make sure the driver notes it in their delivery document. They must give you a copy of the document with damages noted. Most orders ship within 24-72 hours from initial date of order. In the event the item is out of stock, we will contact you with options.

TUFFRAX® cannot and will not be held liable for any missing, lost, or stolen delivery boxes once the shipment has been shown as “delivered” by the individual carrier’s tracking system.In the event that you require a delivery signature and the shipper returns the item(s) to us because no one was available to sign for the delivery you will be liable for any re-delivery charges that may be imposed by that carrier. This is also true if you provide us an invalid or unavailable delivery address which causes a reshipment (regardless of the carrier used). You (or a designate) must be available and able to take freight deliveries to your provided delivery address.

Most damages occur during carrier transit. However, we are not responsible for damages caused by the carrier. If you received damaged goods, you must notify and file a claim directly with the carrier. To protect yourself, we strongly recommend that inspect all boxes for damages prior to the carrier leaving your premises. If damages are visible, take pictures of boxes, packaging, parts, etc… Save the entire boxes and its contents, in event the claim agent need further proof.

If you are in hurry to receive a replacement for the damaged goods, we will re-ship a replacement and will charge your account for the replacement while you file a claim with the carrier, who will compensate you for the damaged goods. Shipping cost is your responsibility and should be claimed with the carrier.

All damage claims MUST be reported to the carrier and TUFFRAX® with 24 hours of receiving the goods. If you are not present during delivery, call the carrier and notify them of the damage immediately after inspecting the boxes. You must have the tracking number available prior to calling the carrier.

TUFFRAX® takes privacy seriously. We are committed to establishing and maintaining policies and procedures which protect the privacy of personal information gathered from our customers, prospects and other visitors to our website.

TUFFRAX® is a manufacturer and distributor of its multi-patented garage overhead storage racks. This Policy applies to all of the products, services and websites offered by TUFFRAX®.

If you have any questions about this privacy statement or the practices of this site, you may contact us clicking here. In order for TUFFRAX® to take the appropriate action please describe in reasonable detail the nature of your request or inquiry.

Collected Information:

We do not share user information with any third parties other than via press release distribution as described above.

Cookies:

TUFFRAX® may use “cookie” technology to track or record information about our website visitors. TUFFRAX® requires the use of “cookie” technology so that we can guarantee we’ll present the correct information to users as they move from screen to screen. TUFFRAX® users who disable their web browser’s ability to accept cookies may not be able to successfully use our service.

Changes to Personal Information:

<Upon request we provide site visitors with access to information that we have collected and that we maintain about them. Consumers can access this information by logging into their account.

Changes to Privacy Statement:

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change in the future, we will post the policy changes to our website to notify you and provide you with the ability to opt out of these new uses. To keep up-to-date with TUFFRAX®™’s policy, please check this page periodically.

Third-Party Sites:

The site contains links to other websites. TUFFRAX® is not responsible for the privacy practices or the content of these sites. You will need to check the policy statement of other websites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential

Security:

With respect to security, we employ industry-standard encryption technologies when transferring and receiving user data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. We do not store credit card information in our systems.

Contacting the Website:

If you feel that this site is not following its stated information policy, you may contact us by calling (800) 554-8545 or sending us an email

YES! We’ve made it our policy to help lower the cost by offering free shipping. Unlike competitors, we understand that you are shopping for the best product at the best price. Therefore we have taken the decision to lower our margins and offer you more savings for what is truly the toughest, safest and strongest garage ceiling storage system on the market.

If there are no visible damages but you are missing parts or parts are defective, TUFFRAX® will send you the missing part or replace the defective part. Please contact Customer Care (800) 554-8545.

You have until 10 AM PST the following day to cancel purchase of any items that you have ordered. To cancel your orders, please contact our customer care at orders@tuffrax.com, or visit our Contact Us page to send a message with your concerns. You will be contacted within 48 hours. We also suggest that you follow the “Return/Exchange Procedure” above.

At this point, we ship to 48 contiguous states in the United States and are unable to ship to Alaska, Puerto Rico and Hawaii. We do not ship to APO, FPO, PO Box addresses as well. Currently we do not ship to Canada.

While you can feel free to view TUFFRAX’s great deals before you’ve signup, having an account already set up makes future purchases quick and easy. Also, as a registered member you will you have complete access to your order and tracking details, email promotions and coupon discounts we offer, exclusively, to our our members!

Just enter in your name and email address and you’ll start receiving our Daily Deals and occasionally our newsletters. You will also have access to all of your account information.

TUFFRAX® LIMITED LIFETIME WARRANTY

TUFFRAX® warrants the garage overhead storage rack to be free from malfunctions and defects in both materials and workmanship for the lifetime of the product to the original purchaser only. The original sales receipt and proof of the date of purchase will be required with any request for warranty claims and/or repairs.

LIMITED WARRANTY COVERAGE

TUFFRAX® will REPAIR or REPLACE TUFFRAX® products if they fail to function properly during the warranty period, subject to any conditions and/or limitations stated herein. Such repair service will include all labor as well as any necessary adjustments and/or replacement parts, but excluding the removal and the re-installation of the product at the purchaser’s site. Such repair or replacement is the sole remedy under this warranty. If replacement parts are used in making repairs, these parts may be re-manufactured, or may contain re-manufactured materials. If it is necessary to replace the entire product, it may be replaced with a re-manufactured product.
Limitations

Warranty coverage automatically terminates if you sell or otherwise transfer the TUFFRAX® product or the structure in which the product has been installed. Request for Warranty service will not be accepted without proof of date of purchase, such as a copy of the original dated sales receipt. (Always keep the original for your records.)

This warranty does not cover circumstances beyond TUFFRAX®’s control, nor problems caused by failure to follow the installation instructions in the TUFFRAX®® user and installation instructions User’s Guides.

THIS WARRANTY DOES NOT APPLY WHEN FAILURE IS DUE TO SHIPPING DAMAGE, ACCIDENT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, MISUSE, ABUSE, USE WITH INCOMPATIBLE ACCESSORIES OR ATTACHMENTS, FAILURE TO FOLLOW TUFFRAX® MAINTENANCE OR USE INSTRUCTIONS, OR CLAIMS MADE AFTER THE DURATION OF THIS WARRANTY.

TUFFRAX®® makes no other express or implied warranty for the product. In the event that the exclusion of any implied warranty is ineffective under the law, the duration of the implied warranty is for the lifetime of the product to the original purchaser only. Purchaser must present original receipt upon warranty claim. The option of repair or replacement is TUFFRAX®’s only obligation. TUFFRAX® will not be responsible for any special, consequential or incidental damages resulting from the sale, purchase, installation or use of this product, regardless of the cause. Liability for any special, consequential or incidental damages (including but not limited to loss of revenue or profit, downtime costs, loss of the use of the equipment, or cost of substitute equipment, facilities or services), regardless of cause or for breach of any written or implied warranty is expressly disclaimed and excluded here from.

This warranty is valid and enforceable provided that the maximum weight supported by each TUFFRAX® unit does not exceed 300 pounds for the TS340 (3×4) & TS440 (4×4) and 700 pounds for the TS260, TS360, TS460, TS280, TS380 & TS480. The load must be evenly distributed on all units and the supplied (6) 29” joist-to-joist ceiling extension bracket MUST each be installed on 2 separate joists. The customer, dealer, and/or installer releases Spectrum Innovations, Inc. of all claims, which includes the TUFFRAX® rack and the structure it is attached to, if the loaded weight exceeds the load capacity described above. The unit must be installed according to the manufacturer’s instructions. At no time should more than two TUFFRAX® units be installed on the same 2 ceiling beams (rafters, joists, roof trusses, etc.). All fasteners must be checked and tightened periodically.

YOUR RIGHTS

Some states or jurisdictions do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some states or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

This warranty gives you specific rights, and you may have other rights which vary from state to state or by jurisdiction.

OUTSIDE THE UNITED STATES

In countries other than the United States, the terms and conditions of this warranty may be different. Unless specific TUFFRAX® warranty is communicated to the purchaser in writing by a TUFFRAX® company, no warranty or liability exists beyond any minimum requirements imposed by law, even though defect, damage, or loss may be by negligence or other act.

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