Terms Of Service

OVERVIEW

This website is operated by TKI CNC Inc. Throughout the site, the terms “TKI”, “we”, “us” and “our” refer to TKI CNC Inc. TKI CNC Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS

• By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must not transmit any worms or viruses or any code of a destructive nature.
• A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

• We reserve the right to refuse service to anyone for any reason at any time.
• You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
• The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

• We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
• This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

• Prices for our products are subject to change without notice.
• We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
• We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

• Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
• We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
• We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
• We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Errors or duplications made to an order should be communicated in writing to sales@tkicnc.com prior to placing another order. Error or duplicated orders made in error may be subject to our 5% refund policy.

OPTIONAL TOOLS

• We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
• Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

• Certain content, products and services available via our Service may include materials from third-party affiliates.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-party affiliates.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

• If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
• We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-party affiliates as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

CONTINUAL IMPROVEMENT

At TKI CNC we are passionate about performance and are always striving to improve our products to provide the consumer with more value. As such, the products you receive may not be exactly as depicted in the images and/or descriptions on this site.  TKI CNC Inc. reserves the right to update or otherwise change a product or its options, in any way seen fit, at any time without notice.

PURCHASES

• You may purchase merchandise from this Website, over the phone or in person by using any one of the payment options listed. TKI CNC reserves the right to change its payment procedures at any time without prior notice to you.
• Orders that may have a back ordered item will be placed on hold in the processing system and the customer will be notified via email the ETA for that order to ship. In some cases, a partial order may be shipped at TKI’s expense.

• Shipments pending payment will be held for 14 days. If product payment has not been made within 14 days, the product order will be cancelled. No product will leave TKI CNC facility without prior payment arrangements.

• Product exchanges must have a credit card on file and the return product must be returned within 30 days or payment for the product and shipping charges will be at the customer’s expense.

• Promotional discounts must be applied at the time of purchase, or they will be subject to 5% refund processing fees listed below.

• Any promotional discounts are subject to the greatest available discount. Multiple discounts will not be applied to the same order.

PROCESS TIME & SHIPPING TERMS

• Orders are processed in the order they are received. Normal processing times are 1-3 days, but it may take longer due to order volume and product inventory. We do not process shipments on Friday, Saturday, and Sunday.
• Once your package leaves our facility, the customer will be provided with the shipping information to provided email from both the shipping carrier and TKI CNC. These emails may be in a spam or junk folder. Please be on the lookout. 
• Unfortunately, once the package has left our facility, we cannot control delivery times and details without additional incurred cost.  While we can process expedited shipping it is the responsibility of the customer for the additional fees. It is the customer’s responsibility to contact the shipping company regarding delays.

INTERNATIONAL ORDERS:

• International orders typically ship in the most economical and efficient way possible. In many cases that is USPS. "Normal" USPS priority mail shipping time internationally is 6-10 business days, but it varies substantially and mainly depends on custom processing. The customer will be provided with a tracking number, and it will be the customer’s responsibility to deal with any delays, damage, lost packages, or customs inquiries that occur.
• At times, we may find shipping internationally via UPS is more efficient in time but may be more expensive. Any brokerage fees, taxes, etc. that result from the shipment of the order are not calculated in the online shipping quote and are the responsibility of the customer. TKI is willing to work with any broker per customer instruction.
• Insurance can also be purchased at customer’s request. Please contact TKI CNC if you are interested in pricing and additional details regarding shipping insurance at shipping@tkicnc.com.

ORDER RETURNS, CANCELLATIONS, MODIFICATIONS

At TKI, we strive to produce the best products on the market and provide the best customer service when providing those products and services to our customers. To do that, TKI follows the below Return Policy for our product and service purchases, cancellations and returns.

• All purchases cancelled or modified prior to shipping will be eligible for a store credit or a 5% credit card processing fee will be collected from refund. Please contact TKI CNC prior to placing another order to avoid this cancellation fee.

• TKI only accepts returns on parts directly purchased from TKI CNC. Orders purchased through a TKI authorized dealer need to be handled directly through purchased means. Returns must be initiated within 30 days of placing the order. (In cases of back-order or delayed shipment, the delivery date may be used at TKI’s discretion.)

• TKI CNC products in new condition with original unopened packaging may be returned with appropriate RMA paperwork to TKI CNC Inc. (Used, installed, or damaged parts cannot be returned.)

• The customer is responsible for properly packaging and shipping the product back to TKI, including all shipping costs. Products returned to TKI without proper packing or damaged in transit due to lack of packaging will be refused and returned to the customer at customer expense.

• Products must be returned within 30 days of original purchase. TKI will not pay return shipping, this is the responsibility of the customer. Additionally, the original cost of shipping the order to the customer will not be refunded, including times when the shipping may have been discounted as part of a promotion. 

• Refunds for parts received in new condition will be processed within 7 days in most cases. If TKI has questions after receiving the returned parts, the return will not be processed until the customer answers the inquiries from TKI. 

• Full product refunds can only be returned for store credit or exchange. Credit card refunds will be given with a 5% credit card processing fee.

•  Products returned outside of 30 days may be subject to a 25% restocking fee and/or merchandise credit only. Products such as belts, bearings, and hardware are not eligible for returns outside of 30 days. Blemished, discontinued, or take-off parts covered under manufacturer warranty are not eligible for product returns or refunds.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
• We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• In no case shall TKI CNC Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
• High Risk Activity Products sold by TKI CNC Inc. include equipment used in extreme sporting activities such as snowmobiling, Off Roading, ice and open water angling. Participation in activities is associated with a high level of risk. Risks include but are not limited to serious physical injury, disability and/or death. You participate in this activity at your own risk. Assumption of Risk by buying, using, or allowing the use of TKI CNC Inc., you understand and agree that activities are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF TKI CNC Inc. including but not limited to equipment malfunction from whatever cause, or any other fault of TKI CNC Inc. Additionally, you agree to indemnify, defend, and hold TKI CNC Inc. harmless from any third party claims arising from such activities.
• Vehicle Modification through the use or misuse of TKI CNC Inc. can lead to vehicle malfunction causing serious risk. Risks include but are not limited to vehicle damage, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else’s vehicle using TKI CNC Inc. TKI CNC Inc. is not responsible and will not be held liable for any modifications done to vehicles, such as snowmobiles, through the use or misuse of its product, even if the modifications include but are not limited to, bypassing or eliminating vehicle safety features, installing parts that go against the vehicle manufacturer safety regulation and standards, and/or improper installation and adjustment of TKI CNC Inc. Limitation Of Liability As set forth above under the limited warranty provisions, TKI CNC Inc. liability is limited to repair or replacement of its products which are returned to us in the specified period of time. In no event shall TKI CNC Inc.’s liability exceeds the sale price value of the product(s) sold. In no event shall TKI CNC Inc. be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
• Warning Use and misuse of products sold by TKI CNC Inc. involves serious risks including injury, disability and death. Purchasers assume all risks.
• Inspect Before Each Use. Products must be inspected for use to ensure they have not been damaged in shipment. If damaged, do not use it and seek repairs immediately. Products must also be inspected before each use to ensure they are not damaged. If there are any signs of damage, stop use immediately and seek repairs or replacement by a certified vehicle technician.
• Warranty will be voided on any parts used for competition. The manufacturer’s warranty does not cover damage resulting from improper installation and/or willful destruction of parts. Follow all installation instructions carefully and operate all parts within their design parameters. Intentional damage to TKI parts will immediately void manufacturer warranty.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless TKI CNC Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

• The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
• These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
• Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the state of Montana.

CHANGES TO TERMS OF SERVICE

• You can review the most current version of the Terms of Service at any time on this page.
• We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

If you have any questions about the Terms of Service, please send us an email at sales@tkicnc.com.

TKI CNC Inc.

7105 Entryway Dr

Billings, MT 59101

(406) 534-3478