Altitude Industries Complete Terms & Conditions & Purchase Agreement
Revision 1 (1-6-2021)
Altitude Industries Terms And Conditions Purchase Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, MAKING A PURCHASE FROM ALTITUDE INDUSTRIES LLC, OR HAVING ANY WORK DONE ON YOUR VEHICLE/PRODUCT, YOU ARE AGREE YOU ARE SUBJECT TO THESE COMPLETE TERMS AND CONDITIONS AND ANY OTHER APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.
Returns, exchanges, and cancellations are quite costly for both the customer and Altitude Industries. As-such, it is our goal to avoid them. If you are unsure about any aspect of a product you are considering purchasing from our website or retail store, please contact us before purchasing it. We provide comprehensive customer service and will strive to answer any questions you may have regarding the product you are interested in.
TABLE OF CONTENTS:
I. STORE POLICIES
B. STOCK HOLD POLICY
C. PAYMENT POLICY
D. DOWN PAYMENT DEPOSIT POLICY
E. RETURN POLICY
F. RETURN MERCHANDISE AUTHORIZATION (RMA) PROCESS
G. ORDER CANCELLATION POLICY
H. REFUND POLICY
I. RESTOCKING FEE POLICY
J. CUSTOM PRODUCT POLICY
K. NON-STOCK PRODUCT POLICY
L. SHIPPING POLICY
L. FREE SHIPPING POLICY
M. SHIPPING ADDRESS POLICY
N. LTL FREIGHT AND PACKAGE SIZE POLICY
O. LTL FREIGHT TRACKING UPDATE REQUEST POLICY
P: SHIPPING DAMAGE POLICY
Q. MANUFACTURER’S WARRANTY POLICY
R. LIABILITY POLICY
II. TERMS OF SERVICE
III. CUSTOMER PURCHASE AGREEMENT
I. STORE POLICIES
B. STOCK HOLD POLICY
Stock cannot be not guaranteed or held without payment. All inventory is sold first-come, first-served. Lead times for out of stock items vary. In-stock dates are estimates only.
When making partial payments (down payment deposits), full payment of your purchase is due within 30 days. After 30 days, Altitude Industries may at it's discretion, continue holding your order, however storage fees may apply. Product holds longer than 30 days are required to be arranged with Altitude Industries in writing prior to the end of the 30 day period. Or, Altitude Industries may instead issue you a refund (minus restocking fee) according to our Refund Policy.
C. PAYMENT POLICY
Your order cannot be picked up, installed, or shipped until Altitude Industries has received payment in full, including shipping costs and any applicable sales tax.
We accept most major credit cards, debit cards and electronic forms of payment. Credit card payments made through the website are processed using Shopify Payments and are subject to Shopify Payments Terms & Conditions in addition to our website terms, conditions and policies.
By making a complete or partial payment (including Down Payment Deposits), the customer has made the purchase and the product is considered sold. They agree to pay the full MSRP of the product(s) shown on the invoice, plus applicable sales tax and any shipping and handling fees, regardless of future sales or promotions by Altitude Industries, or the manufacturer. Eligibility for future promotions, sale prices, or giveaways by Altitude Industries, or the product manufacturer, are determined at the time of initial payment. Altitude Industries will NOT apply future promotional prices or giveaways retroactively to the invoice at the time of pickup, installation, or shipping of the product(s). Payment in full is due within 30 days per the Stock Hold Policy and Down Payment Deposit Policy.
For security reasons, we cannot accept your credit card payment information over the phone. Please complete payment using our website cart checkout, paying an online invoice sent to you by us via email, or in-person by swiping your card in our store card reader. We do not accept personal or business checks. In some cases, you may be able to pay by electronic transfer (wire or bank transfer). Please check with us if you wish to utilize this payment method.
D. DOWN PAYMENT DEPOSIT POLICY
At the discretion of Altitude Industries, we may offer the customer the opportunity to make their purchase with a partial upfront payment , which may be labeled as a "down payment", "down payment deposit" or "deposit". The remaining balance of the purchase is due in full before Altitude Industries can install or ship the products, or allow them to be picked up.
Down Payments are NOT refundable deposits, and cannot be cancelled. Once a down payment/partial payment is made, the product is considered "sold" and the customer agrees to pay the full MSRP of the product(s) shown on the invoice, plus applicable sales tax and any shipping and handling fees, regardless of future sales or promotions by Altitude Industries, or the manufacturer.
Unless otherwise stated, payment in full, is due within 30 calendar days of the down payment deposit.
E. RETURN POLICY
If you are unsure about any aspect of a product you are considering purchasing from our website or retail store, please contact us before purchasing it. We provide comprehensive customer service and we are happy to answer any and all questions you may have regarding the fit, finish, function, or any other aspect of the product you are interested in. Please note that exchanges are considered returns, and are handled according to the same terms and conditions as a return.
Altitude Industries accepts returns on most products. However, some products are excluded. See exclusions below, or on the product page within our website for the specific product you are purchasing. We accept returns for a period of 14 calendar days from confirmation of delivery to the customer (or pickup at our warehouse)
To request a return, exchange, or refund, please contact us at: altitudeindustriesllc(at)gmail.com. We will advise you on how to proceed with the specific product you are inquiring about.
Do not put your return in the mail without first contacting us.
Do not return products to the Manufacturer, they will not accept your return.
Returns are subject to the Restocking Fee. Shipping costs are non-refundable. Return shipping costs are the responsibility of the customer.
To be eligible for return, your item must meet the following minimum requirements:
Products must be in BRAND NEW condition, which includes but is not limited to the following criteria: no signs of use, no signs of installation or mounting of the item, no dirt/dust, pet hair scrapes or scuffs. The item must be in its original packaging, and have all of its original tags, and must include all of its original hardware, brackets, fasteners, manuals, paperwork etc. (In other words, we must be able to put the product back on the shelf, and sell it to another customer as brand new)
Provide a copy of your sales receipt
Only items purchased at the Altitude Industries retail store, or on our website, may be returned
Serial numbers on the returned product must match serial numbers recorded in the documentation from your purchase at Altitude Industries
We recommend that you do not attempt to "test fit" products on your vehicle and then return them if they "don't fit" with your gear setup. It is extremely unlikely that you will be able to re-box the item in Brand New condition as described above, due to the likelihood of the product getting scratched, dinged, or otherwise damaged during test fitting. If an item is not received for return processing in Brand New condition, we cannot issue a refund.
Any refunds will be refunded according to our Refund Policy.
Please note: due to the cost and difficulty of shipping certain items, we do not accept returns for products made by the following brands:
Tepui/Thule Rooftop Tents and Awnings
A warranty issue with a product is not considered a returnable product. If a non-returnable product has manufacturing or workmanship defects, or is missing parts or pieces, please contact us so we may handle the issue according to the appropriate manufacturer’s warranty. See the Warranty Policy for more information.
If a non-returnable product is damaged in shipping to the customer, please contact us so we may assist in filing a shipping insurance claim. See the Shipping Policy for more information.
F. RETURN MERCHANDISE AUTHORIZATION (RMA) PROCESS
In order to return your purchase during the 14 calendar day return period, your return request must be approved in writing by Altitude Industries. The cost of return shipping and shipping insurance is the responsibility of the customer.
Step 1: Contact Altitude Industries at altitudeindustriesllc(at)gmail.com to obtain a return authorization number (RMA number).
Step 2. You will need to ship the product back to us. Please purchase shipping tracking and insurance for your return shipment. Please photograph the item including its condition prior to shipping, its packaging, and the sealed final shipping package prior to shipping it. If the item is damaged during return shipping, this documentation will help you file a shipping claim with your shipping carrier. We cannot accept any shipments at our warehouse that arrive damaged. In the event your item is lost in return shipping, you will need to file a claim with your shipper. We will not issue a customer a refund on a product that is lost during return shipping. Returns may be delivered to our retail store during normal business hours in person rather than shipping them.
Step 3. Once your return item is received by our warehouse, and inspected by our team, you will be notified of approval or rejection of your refund request. If the item is approved for return, your refund will be processed.
G. ORDER CANCELLATION POLICY
Once full payment has been made, an order may be cancelled, however there will be a restocking fee.
Orders that have already been shipped, picked up, or installed can no longer be cancelled. They must be returned or exchanged according to the Return Policy. Down payments may not be cancelled.
Custom Product orders may not be cancelled for any reason. See the Custom Product Policy for more information.
To request an order cancellation, please send us an email at altitudeindustriesllc(at)gmail.com with a complete explanation for the cancellation request.
H. REFUND POLICY
Refunds may be processed using the same method by which the initial payment was made, or we reserve the right to process payment by sending a physical paper check to the customer's address via the United States Postal Service.
Please note it may take 14 days, or longer, to process an authorized refund. Once we issue a refund, we will be unable to provide any further updates on the status. If you are not seeing the funds in your account, please follow up with your financial institution. It may take several days or weeks for the funds to post to your account.
I. RESTOCKING FEE POLICY
Any cancelled or returned orders will be charged a 20% restocking fee. Restocking fees are used to offset certain unrecoverable costs incurred by Altitude Industries triggered by your order. These include costs such as credit card processing fees, bank fees, shipping and storage costs, actual costs incurred to offer free shipping, lost opportunity costs due to passing up other buyers who could not purchase the product once it was sold (to you), cost of packing and shipping materials and labor, etc. In some cases, we must order your product from the manufacturer, and it may not be possible for us to cancel our order with our supplier. Please review the product page for each product you are purchasing carefully, some products are custom or vehicle specific, and unlikely to be able to be resold, and are therefore, non-refundable. Please refer to the Refund Policy for more information.
The restocking fee is calculated as 20% of the pre-sales tax order total. Any shipping and handling costs charged are non-refundable. In the event that a customer has placed a down payment, the restocking fee is calculated as 20% of the full price MSRP of the product price being refunded or cancelled (not 20% of the down payment deposit amount).
J. CUSTOM PRODUCT POLICY
Custom Products do not follow our standard cancellation, return, or refund policies. Custom Product orders may not be cancelled, returned, exchanged or refunded.
A Custom Product is defined as any product that was tailored to the customer’s specific desires which may include, but is not limited to, non-standard colors, sizes, options etc. An item also becomes a Custom Product once it has been modified at the request of the customer, such as by making irreversible modifications like painting it, or drilling holes, or making changes to the product that cause it to no longer be sellable as “brand new”.
Custom Products may also include non-stock items ordered or fabricated specifically for the customer. Some examples of items that fall into this category are materials needed for your unique vehicle build or custom product; steel tubing/channels, aluminum extrusions, fasteners, hardware, custom made brackets, electrical wiring, etc.
Multiple standard products which have been assembled or combined for a custom vehicle build-out (example, roof rack installed on a truck canopy, or rootop tent installed on a roof rack) are considered Custom Products. By assembling and installing these products, they can no longer be considered “brand new” and are no longer returnable. (see the Refund Policy). Products that require assembly for your vehicle build, such as roof rack platforms, are no longer returnable once they have been removed from the box and assembled, by the Altitude Industries installation team, or by you.
In order to be as clear as possible, Altitude Industries will indicate "Custom Product" on the customer invoice or on the website product page for items which follow the Custom Product Policy.
In order for Altitude Industries to order a Custom Product from the manufacturer product on your behalf, we may require an upfront payment. Depending on the specific product and brand you are ordering, upfront payment may range from 50% to payment in full.
K. NON-STOCK PRODUCT POLICY
Non-stock products are not able to be cancelled, returned or exchanged. Non-stock products include vehicle specific or other uncommon products that Altitude Industries does not regularly stock and must order specifically by customer request. For example, a bed cover that fits only one specific brand and model, bed length, and narrow year range of vehicle is extremely "vehicle specific". It is very unlikely that another customer would request the same product again in the near future, making it difficult, if not impossible to resell. Many manufacturer's will not allow Altitude Industries to return the product once we have purchased it from them.
In order to be as clear as possible, Altitude Industries will indicate "Non-Stock Product" on the customer invoice or on the website product page for products which follow the Non-Stock Product Policy.
In order for Altitude Industries to order a Non-Stock Product from the manufacturer product on your behalf, we may require an upfront payment. Depending on the specific product and brand you are ordering, upfront payment may range from 50% to payment in full.
L. SHIPPING POLICY
Please refer to the Shipping Policy Page for more information.
Please Note: Your order cannot be shipped until Altitude Industries has received payment in full, including shipping costs and any applicable sales tax.
In addition to this site-wide Shipping Policy, please also refer to the shipping details for each individual specific product on the website's product page. Refer to the tab labeled "Shipping" for more information that may supplement or supersede this policy.
We will contact customers via your email in case the product you ordered is backordered or will be significantly delayed. If you have other items on your order that are not on backorder we may ship items separately, backordering the unavailable items.
Packages that are returned to us by the U.S. Postal Service, UPS, or FedEx which are marked as "Unclaimed", "Return to Sender", "Attempted Unknown", "Refused", or "Invalid Street Address", will be credited back to the customer's credit card according to the Return Policy found in our Terms and Conditions, less the shipping and handling fees and restocking fee. Return shipping cost is the customer's responsibility. We do not keep credit card numbers on file so please ensure that you provide a valid phone number to receive a credit.
L. FREE SHIPPING POLICY:
Free shipping may apply to certain orders that meet certain requirements, such as over a certain value threshold. However, free shipping may not be available for certain products or brands, refer to the shipping details for that specific product on the product page for that specific product, on this website.
Especially on large freight items, such as rooftop tents or truck canopies, free shipping may not include home delivery requiring lift-gate service, and may be limited to delivery in your local area at a commercial address or to your local truck terminal (LTL Freight Terminal). In those cases, please contact us for a quote for the additional cost, if any, for home delivery.
Altitude Industries partners with high quality shipping shipping companies, and strives to deliver goods in excellent condition, to a location that is cost effective and also reasonably convenient to the buyer. However, we cannot offer free shipping to all addresses and locations. Free shipping typically does NOT include Hawaii, Alaska, or international addresses. For large freight items, free shipping also may not include rural addresses which are not near a LTL Truck Terminal. Please email Altitude Industries for a specific quote to your address or to confirm your address prior to purchasing your order if you have any doubts. We are here to help.
M. SHIPPING ADDRESS POLICY:
We ship within the 50 US States, to addresses serviceable by UPS, including both residential and commercial addresses. However, we cannot ship to P.O. boxes (APO or FPO).
Once you have submitted payment for your order, WE CANNOT ALLOW ANY CHANGES TO YOUR SHIPPING ADDRESS provided during the ordering process. Post purchase modifications to shipping addresses increase the risk of credit card fraud.
N. LTL FREIGHT AND PACKAGE SIZE POLICY:
Depending upon the shape, size, weight, value, or fragility of the item being shipped, the shipping terms and conditions may vary. Some products that Altitude Industries sells exceed the 150lb shipping limit, or 12 foot length limit, that may be imposed by UPS. This means that additional oversized fees may apply, or that we may need to use LTL Freight Shipping to send your item(s). Rooftop tents and truck canopies are two examples of products that will be shipped LTL Freight.
LTL Freight shipping refers to shipping large items, typically on a wood pallet, via semi-truck (aka “dry-van”). Freight shipments are booked through a shipping service which utilizes a variety of LTL Freight Carriers. Each Carrier operates their own truck terminals. Therefore, the exact distance from your address to the Truck Terminal may vary depending upon which Carrier ends up being selected by our shipping service at the time the shipment is booked. Once the shipment is booked, the exact details of your shipment including truck terminal delivery address, a BOL (Bill of Lading) and tracking information will be provided to you.
LTL freight shipping carriers add on significant fees to deliver to a residential address. Residential delivery requires the use of a “lift gate” which adds cost. Lift gate refers to a hydraulic platform on the back of the truck that will lower your freight to the curb level without the customer providing a forklift or loading dock.
Whenever possible, we will ship your freight to a close-by trucking terminal rather than your residential address. Shipping to a terminal has several advantages over residential delivery.
- It costs less
- freight arrives more quickly
- freight arrives with less change of damage.
- You are able to pick up your freight during the terminal’s business hours at your convenience, eliminating the need to schedule a delivery date, or a long delivery window at home.
- Eliminates situations where the delivery truck drops off the package curbside with no way to assist you in bringing the pallet/box up to your house or garage.
We also invite you to pick up your purchase in person at our warehouse in Colorado. In some cases this may save additional money. PLEASE CHECK WITH ALTITUDE INDUSTRIES PRIOR TO YOUR VISIT TO ENSURE THAT YOUR PURCHASE IS READY FOR PICKUP. We will notify you once your order is ready for pickup. Not all items are stocked in our warehouse, or they may be temporarily out of stock.
O. LTL FREIGHT TRACKING UPDATE REQUEST POLICY:
Once the shipment has been booked and is picked up from our warehouse, we will provide the tracking information to the customer. Please do not contact Altitude Industries for "updates" on the status of the shipment. Unfortunately, we cannot provide more accurate information to you than what is shown on the carrier's tracking website. If you have any questions about the status of the shipment that the tracking shows, please contact the carrier at the phone number provided on the BOL. The carrier's terminal will contact you (at the phone or email address you provided us with your purchase) to alert you once it has arrived at the carrier's terminal and is ready for pickup. Or, they will contact you to arrange delivery to your home if local delivery was booked at the time of purchase.
P: SHIPPING DAMAGE POLICY:
You must inspect, and NOTE ANY DAMAGE to your shipment, BEFORE SIGNING the delivery paperwork. Once you have signed for your shipment at the delivery point, the package becomes your property and thus, our liability for shipping damage ends. If the shipment is obviously severely damaged, REFUSE the shipment, do not sign. Please see the details on how to receive your shipment below:
PROCESS FOR RECEIVING YOUR ORDER:
Inspect the box(es) for damage or missing pieces. Red flags are punctures, any sign of forklift damage, or obvious signs of the shipment being crushed by other heavy pallets being stacked on top.
Take photos exactly as it arrived. Videos or photos (close ups as well as further away photos) serve as evidence of the shipping damage.
Normal shipping wear and tear includes things like marks or scrapes etc to the box. It is very unlikely that this has resulted in damage to the product inside. However, if you have any doubts, please note the damage on the delivery paperwork, before signing. (It is important to note damage to the packaging even if you sign to accept the shipment. This will allow you to file a shipping claim in the event that there is concealed damage to the product not visible until you open the packaging later at home)
If the package appears to have significant damage please try to inspect further, by looking inside the hole to see if the actual product appears damaged. (the flashlight function on your cell phone is helpful). Many times a large tear or hole in the box will still not result in damage to the actual product inside. However, if it is obvious that the product(s) appear to be punctured or crushed, please write "REFUSED" on the paperwork and do not sign the paperwork. By simply signing delivery paperwork, you are basically saying "I accept it as-is (damaged)". If you refuse the shipment, the carrier will ship it back to us for processing.
Please note, the truck driver will not help with damage inspection.
Get a copy of the signed delivery receipt that shows the freight loss or damage notation. (or take a clear cell phone photo of the paperwork)
Contact Altitude Industries immediately at 720-399-6274 or at altitudeindustriesllc(at)gmail.com
After taking your shipment home, if you later discover concealed damage to the product inside, please contact Altitude Industries. We will assist in filing a shipping claim according the the carrier's policies.
If you accept a damaged delivery, and/or there is freight loss and/or the damage is not noted at the time of delivery, Altitude Industries cannot be held liable for any replacement costs related to the shipment. Protect yourself from this unfortunate situation, by examining before you sign, or by refusing the shipment as explained above.
Do not be alarmed by all this talk about damage. It is just due diligence so that the shipper can properly file an insurance claim in the event that one might be needed. Most shipments arrive in perfect order.
Q. MANUFACTURER’S WARRANTY POLICY
Altitude Industries does not offer any extensions on manufacturer’s warranties. If you have any difficulties with a product that you purchased from Altitude Industries please contact us. However, please note that many manufacturers require that the warranty be handled directly with them. We are happy to help you reach the appropriate contacts at the manufacturer and to help resolve the issue. Return shipping in warranty situations is the customer's responsibility, or in some cases may be covered by the Manufacturer according to their warranty.
If your product needs repair or warranty service, Altitude Industries may offer this service at our discretion. We are not authorized, or qualified, in all circumstances to provide proper warranty repair for all types of failures, defects, or product problems. Some may require tools or expertise that only the manufacturer can provide. For example, if your portable battery system needs internal electronics repair, you would need to send that back to the manufacturer for repair. The cost of labor performed by Altitude Industries for repairs is separate from your manufacturer's product warranty. In the event we provide repair services, or expend labor to swap out defective parts for you at our shop, you may be charged standard hourly shop labor rate. If you would like an estimate of labor charges, please contact us to discuss the work that needs to be done.
Altitude Industries reserves the right to refuse service to any customer for any reason. We are not obligated to service or repair products or brands that we sell, especially those that were NOT purchased from Altitude Industries by the customer.
R. LIABILITY POLICY:
Modifying your vehicle in any way, including adding aftermarket products, has inherent risks, including but not limited to; driving characteristics on/offroad, performance, leaking, wind noise, damage to personal property, injury or death. By making a purchase from Altitude Industries, the buyer agrees to the complete Customer Purchase Agreement (Refer to Section III below) and assumes all liability resulting from using the product, or installing the product on their vehicle.
II. TERMS OF SERVICE:
The website www.altitude-industries.com iis operated by Altitude Industries, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Altitude Industries, LLC. We offer 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 which 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. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - 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.
SECTION 2 - 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.
SECTION 3 - 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.
SECTION 4 - 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.
SECTION 5 - 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 anytime 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.
SECTION 6 - 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.
For more detail, please review our Returns Policy.
SECTION 7 - 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.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. 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-parties.
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.
SECTION 9 - 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 right 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-parties 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.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - 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.
SECTION 12 - 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.
SECTION 13 - 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 Altitude Industries LLC, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Altitude Industries LLC 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.
SECTION 15 - 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.
SECTION 16 - 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).
SECTION 17 - 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.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Wheat Ridge, Colorado USA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at altitudeindustriesllc-(at)-gmail.com.
SECTION 21 - DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
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.
SECTION 22 - LICENSE
Unless otherwise stated, Altitude Industries and/or it's licensors own the intellectual property rights for all material on the website. All intellectual property rights are reserved. You may view and/or print pages from www.altiude-industries.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from www.altiude-industries.com
Sell, rent or sub-license material from www.altiude-industries.com
Reproduce, duplicate or copy material from www.altiude-industries.com
Redistribute content from Altitude Industries (unless content is specifically made for redistribution).
III. CUSTOMER PURCHASE AGREEMENT:
By making any purchase from Altitude Industries, or having any product installed on their vehicle by Altitude Industries, the customer agrees to the following terms and conditions of the Customer Purchase Agreement.
All equipment installed on a customer vehicle will be referred to as “Gear”. Examples of Gear include but are not limited to products such as rooftop tents, roof racks, solar panels, electric coolers, storage bins and boxes, lighting, recovery boards, awnings, recovery jacks, fuel cans, water tanks, cargo slides, truck caps/toppers/canopies, bed covers, bumpers, skid plates, armor, first aid kits, shovels, camp kitchens, hitch baskets, roof cargo carriers, flyrod holders, etc.
The term “Manufacturer” shall refer to the company who designed or manufactured the Gear. It may also refer to the company who exclusively represents and distributes a foreign company's product in the United States. Altitude Industries is an authorized dealer (reseller) of products made or distributed by other companies.
“Vehicle” refers to any vehicle that the Customer brings to Altitude Industries to have modified or worked on, or plans to self-install the Gear on. This may include, but is not limited to, motor vehicles such as a passenger car, SUV, truck, van. It also includes trailers, motorcycles, RV’s, ATV’s, or any other vehicle.
“Customer” refers to the end-user who is purchasing the Gear. “Altitude Industries” refers to Altitude Industries LLC, its owner, employees, contractors, agents, successors, assigns subsidiaries, parents and affiliates.
BREAK IN PERIOD:
It is critical for the Customer to understand that Gear installed on a Vehicle has a “break in period”. Altitude Industries installs Gear according to the Manufacturer's installation instructions, including using “loctite” whenever called for in the Gear instructions, to keep fasteners (nuts and bolts etc) tight. However, fasteners, even those using lock washers, nylon “lock nuts”, or loctite are not permanent. It is possible for them to loosen over time, but especially after driving the Vehicle immediately following installation of the Gear.
Immediately after the Vehicle leaves Altitude Industries, the Gear will experience vibration, wind etc for the first time. These forces may cause the Gear to shift or settle. This movement may not be visible, but it may cause fasteners in particular to loosen. Therefore, it is important for the customer to check, and tighten all fasteners in the Gear after a short period of initial use (the “break in period”).
Then it is important for the Customer to regularly inspect their Gear and tighten all fasteners. Refer to the manufacturer's installation instructions for guidance on maintenance intervals and or torque specifications. See Maintenance below.
This is particularly important for roof racks, and especially those that are holding other valuable and heavy gear such as rooftop tents. Additionally, Gear may experience greater forces and stress during offroad driving. Therefore, it is recommended that you also check all fasteners after/during your first offroad drive. Offroad does not only refer to technical 4x4 trails, it applies to ANY non-paved road. In fact, we have found that “washboard” on gravel roads can be some of the most demanding on Gear due to the heavy vibrations.
By purchasing Gear from Altitude Industries, the Customer acknowledges that the Gear may have specific Maintenance required at regular intervals in order to remain in proper and safe working condition, and to continue to meet the Manufacturer’s load ratings or technical specifications. Maintenance requirements vary by product and may be measured in number of hours of use, number of miles driven, or length of time Gear is installed on the Vehicle.
Maintenance is especially important with Vehicle roof rack systems. Do not assume that fasteners will remain tight forever. It is your responsibility to maintain the modifications you have chosen for your Vehicle. If you hear any unusual noises coming from any Gear added to your Vehicle, cease driving, and investigate immediately. If you have any concerns about the integrity of the Gear, suspend use, or remove the Gear from the Vehicle immediately before continuing to operate the Vehicle. Failure to do so, may cause damage to the Gear or Vehicle. Altitude Industries cannot be held liable for any damages to the Gear or Vehicle caused by lack of maintenance. The Manufacturer’s warranty will also likely not cover product damage due to lack of required maintenance. If you feel that damage caused by the Gear to your Vehicle or other Gear is a result of a deficiency in the Gear materials, workmanship, or design, you will need to contact the Gear Manufacturer to file a claim or to pursue resolution. (Please refer to the Manufacturer's Warranty Policy within these Terms and Conditions). Altitude Industries is happy to assist in any way we can, however we are not liable for any physical or financial damages caused by lack of maintenance, product failures, installation of products purchased at Altitude Industries, or installation of products by Altitude Industries.
Altitude Industries also recommends the following best maintenance practices for the Customer to follow after purchasing the Gear:
Tighten loose bolts/nuts (fasteners) at regular intervals suggested by the manufacturer, or at least once a month or more often depending on the frequency and type of use.
Replace rusted or damaged fasteners
Remove accessories from the rack not in use (example ski rack during summer)
Replace nylon lock nuts after removing them as the nylon may no longer provide protection against loosening.
Apply loctite whenever possible if you remove a bolt or nut to help protect against loosening.
If you are unsure of your ability to perform the recommended maintenance please inquire with Altitude Industries to schedule a time to have the work performed, or with another qualified Gear installation professional.
SAFETY, LOAD RATINGS, & PROPER PRODUCT USE:
It is the sole responsibility of the Customer to read the Manufacturer’s product instructions prior to use. Failure to operate a product correctly is not the responsibility of Altitude Industries, and may not be covered by the Manufacturer's product warranty. Any damage that occurs to the Gear, the Vehicle, or the operator as a result of exceeding the Gear load rating or from improper use, is the responsibility of the Customer.
Roof racks in particular may have published dynamic or static load ratings/capacities. Dynamic load refers to the load the rack can safely carry while the vehicle is in motion. Static load is less often published. This refers to the ability of the rack or vehicle to support a load while sitting still. Dynamic loads are typically the more restrictive of the two and the most often published load rating number.
It is the sole responsibility of the customer to know the load capacity of their Vehicle and/or Vehicle’s OEM (original equipment manufacturer) roof rack system prior to purchasing or installing Gear on the roof rack. Please contact your vehicle manufacturer and/or refer to the Vehicle's Owner's Manual if you are unsure of the suitability for modification or to carry the product's you wish to purchase.
Rooftop tent manufacturers’ may also publish recommended roof rack minimum load capacities or specifications. Altitude Industries will advise the Customer, to the best of our ability, with the available published information. However, the Customer takes final and ultimate responsibility for knowing the rating of their rack and vehicle, and for adding the Gear to their vehicle. They agree to hold harmless and to release Altitude Industries from any liability for the Gear added to the Vehicle.
We may offer the Customer “real world” practical observations and professional opinions based on many Gear installations and working with many Customers to serve as information for the Customer to make an informed decision about how to modify their Vehicle. However, these are merely observations and opinions which have not been scientifically tested nor proven. If the Customer decides to add Gear to their Vehicle, they do so at their own risk.
Custom fabricated roof racks or components are un-rated and un-tested and are at the risk of the Customer. It is the responsibility of the customer to add accessories and loads to their roof rack system according to the Vehicle or Gear Manufacturer's recommendations. In most cases, load ratings are based on EVENLY DISTRIBUTED loads. So, for example, placing two heavy water cans on one corner of a roof rack would not be an evenly distributed load. Typically, roof rack Manufacturers also downrate the load capacity of a rack when driving “offroad”. This means that while your rack may have a dynamic rating capable of supporting the accessories and loads on the rack per the Manufacturer's stated load rating, the rack may be under rated per the Manufacturer's complete technical specifications for offroad use(fine print).
It is also the responsibility of the Customer to use the Gear in a safe, reasonable and responsible manner. The more Gear the Customer adds to the Vehicle, the more the Vehicle’s on and offroad driving characteristics may be impacted. For example, you should drive considerably slower, keep larger distances between you and other Vehicles (due to increased weight of the Vehicle with Gear installed), take corners slower, exercise greater caution on offroad obstacles etc. During offroad driving in particular, it is important to understand that driving too fast will result in more extreme vibrations and forces felt by the Vehicle and installed Gear. Even if your roof rack has less weight than the stated load rating on it, driving “hard” or fast offroad can and WILL loosen bolts, or break your Gear. It is the responsibility of the Customer to drive responsibly and safely taking into account the Gear installed and the conditions present.
Another common area of Gear failure or Gear damage, due to improper use, are shade awnings and rooftop tent annex rooms. When a Customer sets up these pieces of Gear, they must carefully follow the product instructions to prevent damage to the product, the Vehicle or related Gear (such as roof rack). Wind, or even light breezes, can exert huge forces using this type of gear as a giant lever arm to bend and break the Gear or Vehicle. Typically, Manufacturers' will specify wind speed ratings that it is safe to operate the product. They may also specify conditions in which additional steps are necessary for safe operation, such as using stakes or guy-ropes. If you have any doubt, the Customer should put down and pack up the awning or annex room. Do not leave them unattended for any period of time, for any reason. Do not leave them setup during the night while you are sleeping. If the product uses stakes or guy wires (ropes) then they should be set up regardless of wind speed. Do not set up your awning or annex room in windy situations, as the product can easily “get away from you” during setup or take-down, resulting in damage.
NORMAL WEAR AND TEAR:
Gear will wear out with use over time due to normal conditions experienced when installed on a vehicle and used in camping environments. “Normal wear and tear” on products may not be considered covered by the Manufacturer's warranty. For example, parts exposed to sun will fade or become discolored from UV exposure, fabrics may fray or become stretched, zipper become “sticky”, moving parts may squeak, tent rainfly’s or travel jackets may need to be replaced, paint may flake off, metal may rust, and so on. Altitude Industries may be able to help repair Gear or recommend resources for getting Gear fixed locally. Any labor or materials needed in repairing Gear for Normal Wear and Tear will be charged according to Altitude Industries current labor rates.
COMPATABILITY OF GEAR:
Altitude Industries makes no guarantees or warranties as to the suitability or compatibility of between Gear. This includes between products of different brands whether purchased at Altitude Industries or from another source. For example, it is impossible to know weather a roof rack you are purchasing will be compatible (with no modifications or adapters needed) for all rooftop tents brands and models on the market. Often, creativity and custom work is needed in order to solve physical interference and compatibility issues between Gear products. The additional expense of materials and/or labor required is the responsibility of the customer. Modifying Gear in order to solve compatibility issues is the liability and responsibility of the Customer and may void Manufacturer warranties depending on the nature of the modifications. Incompatible Gear is not a grounds for return, exchange or refund of products purchased at Altitude Industries.
REFUNDS, EXCHANGES & RETURNS:
Please see the full Store Policies above for more information on purchases made at Altitude Industries. Altitude Industries will not refund, exchange or return Gear that has failed or been damaged as a result of failing to comply with the terms of this Gear Agreement. This includes, but is not limited to, failure or damage as a result of Normal Wear and Tear, improper use, lack of maintenance, exceeding safety or load ratings, driving too fast or too hard on or offroad, or failure to perform Break in Period maintenance.
Failure or damage to one piece of Gear does not warrant the right for refund, exchange, or refund or other pieces of Gear purchased at Altitude Industries. For example, failure of a roof rack does not warrant return of a rooftop tent, awning, or other Gear supported by the roof rack. Damage to your Vehicle as a result of Gear failure is not the responsibility of Altitude Industries. For example, failure of a roof rack resulting in damage to your Vehicle roof is not the responsibility of Altitude Industries.
Damage caused to other Gear, or to the Vehicle caused by the Gear purchased, is the sole responsibility of the Customer. Any financial compensation for Gear failure is a matter between the Manufacturer of the Gear and the Customer.
RELEASE OF LIABILITY:
The decision to add Gear to the Customer’s vehicle, is the sole responsibility of the Customer. Altitude Industries strives to provide the highest level advice and installation services and expertise. We advise customers based on our professional opinion, however it is not feasible to know every detail of every product on the market, and how these products will all interact with each-other, and the thousands of makes and models of Vehicles on the market. It is also impossible to know how the products and manner of installation will perform under all possible circumstances and conditions encountered after leaving Altitude Industries. For example, offroad driving vibration, high winds or high speed driving, extreme temperatures or weather etc. Therefore, the customer agrees to release Altitude Industries LLC of all liability for damage caused to the purchased Gear, the Gear already on their Vehicle, or the Vehicle itself. It is the sole decision and responsibility of the Customer to modify their Vehicle with the Gear purchased. This includes liability for damages to property, other people’s property (such as in the case of a motor vehicle accident) or bodily harm or death caused by that Gear.
To the best of our professional ability, we install all roof racks and overland gear according to the manufacturer’s recommendations and installation instructions (when available). Due to the nature of overland vehicle builds, deviations from the manufacturer’s instructions may be required in order to make the mounting solution work with existing Gear on the customer’s vehicle. There may also be custom designed brackets, or fasteners or other solutions utilized to make various brands and types of Gear compatible or work together on the same Vehicle. These custom solutions are often fabricated “one-off” in the shop with no way to perform long term real world testing of those solutions. To the greatest extent possible, Altitude Industries explains the relative risks and benefits of these deviations to the customer both before and after any work is done. The Customer agrees to release Altitude Industries of any liability for Custom work performed.
Gear purchased from other sources (such as online websites or other retail stores) not associated with Altitude Industries, are the sole responsibility of the Customer. Altitude Industries takes no responsibility for the load rating of the Gear to hold any additional accessories. For example, a roof rack purchased from another source, installed by the customer, or by Altitude Industries at the request of the Customer, may not meet all the load ratings on and off-road for the Gear purchased at Altitude Industries.
If the Customer has a problem with the Gear purchased from another source, any problems with the Gear (such as a roof rack failing or breaking) shall be the responsibility of the Customer and the other source/retailer or the Gear Manufacturer. Any warranty issues that arise, will be the responsibility of the Customer and the other source/retailer/Manufacturer. Even in cases where Altitude Industries has agreed to install the Gear purchased from another source, Altitude Industries shall be released of any liability for that Gear.
This Arbitration Agreement applies to the Customer and Altitude Industries. The Customer and Altitude Industries agree that arbitration will be the sole method of resolving any claim, dispute or controversy (collectively, “Claims”) that either Party has arising from Customer(s)/Altitude Industries Dealings. Such Claims include, but are not limited to, the following: 1) Claims in contract, tort, regulatory, statutory, equitable or otherwise; 2) Claims relating to any representations, promises, undertakings, warranties, covenants, service, custom work, damages to the Gear or Vehicle 3) Claims regarding the Interpretation, scope or validity of this Agreement, or arbitrability of any issue; 4) CLaims between the Customer and Altitude Industries; and 5) Claims arising out of or relating to this Agreement and/or any and all documents executed, presented or negotiated during Customer(s)/Altitude Industries Dealings, or any resulting transaction, service, or relationship, including that with Altitude Industries, or any relationship with third parties who do not sign this Agreement that arises out of the Customer(s)/Altitude Industries Dealings.
Either Party may contact the American Arbitration Association (“AAA”) at (800)778-7879, or www.adr.org and serve the other Party with required notice to start the arbitration process. The Parties may mutually agree in writing to use another arbitration forum and/or qualified arbitrator. By entering into this Agreement, the Customer gives up the right to participate as a class representative or class member on any claim the Customer may have against Altitude Industries including any right to class arbitration or consolidation of individual arbitrations.
This arbitration will be conducted by a single arbitrator who shall follow controlling law and issue a decision in writing with a supporting opinion based on applicable law. If there is no appeal as stated below, the arbitrator’s award shall be final, binding, and conclusive on the Parties and may be entered in any court of competent jurisdiction. At either Party’s election and within (30) thirty days of receipt of the arbitrator's award, such award may be appealed to another arbitrator (“Appellate Arbitrator”), who shall be chosen in the same manner as described above. The Appellate Arbitrator shall apply the same standard review as an appellate court in the same jurisdiction and issue an opinion based on such review and law. The Appellate Arbitrator’s decision shall be final, binding, and conclusive on the Parties and may be entered in any court of competent jurisdiction. The Agreement is subject to Federal Arbitration Act (9 U.S.C. 1 et seq.) Any portion of this Agreement that is unenforceable shall be severed, and the remaining provisions shall be enforced.