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Cummins ISC 8.3L Cylinder Head 5404060 – Remanufactured
Regular price $2,099.12Unit price /Unavailable-
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Cummins ISC 8.3L Cylinder Head 5404060 – Remanufactured
BENNETT TRUCK CENTER – LIMITED WARRANTY POLICY
Effective Date: January 1, 2025 Bennett Truck Center – All Rights Reserved
1. GENERAL POLICY
All products, parts, and components sold by Bennett Truck Center (“BTC”) are covered under the terms of this Limited Warranty Policy unless otherwise explicitly stated in writing at the time of sale. This policy constitutes the entire warranty agreement between BTC and the buyer.
This warranty is extended solely to the original purchaser (“Buyer”) and is non-transferable. It is void upon resale or transfer of ownership of the part or vehicle in which it is installed.
Except as expressly stated in this document, all items are sold “AS IS” and “AS AVAILABLE.” The limited warranty described in Section 2 represents the sole and exclusive warranty provided by BTC and supersedes any conflicting “AS IS” language for covered components only. For non-covered or excluded items, the “AS IS” designation applies in full.
BTC makes no other warranties — express, implied, or statutory — including but not limited to warranties of merchantability, fitness for a particular purpose, or title. No verbal statement, promise, or representation by any BTC employee or agent shall constitute a warranty unless reduced to writing and signed by a duly authorized BTC officer or manager. “Authorized Representative” is defined as a BTC owner, general manager, or any individual with written authorization on file with BTC management.
Electronic signatures (e-signatures) compliant with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) are accepted as valid and binding.
2. WARRANTY COVERAGE
BTC offers a limited one (1) year parts warranty on eligible rebuild kits and components sold directly by Bennett Truck Center. A current list of eligible parts is available upon request and may be updated at BTC’s discretion.
Warranty Period Start Date: The warranty period begins on the date of original purchase as shown on the BTC invoice, not the date of installation or vehicle delivery.
Coverage includes:
• Replacement of the defective part with the same or equivalent part, at BTC’s discretion.
• If a direct replacement is unavailable due to supply chain constraints, discontinued manufacture, or force majeure events (see Section 12), BTC reserves the right to issue a store credit or refund equal to the original purchase price.
This warranty expressly does NOT cover:
• Labor, towing, rental vehicles, or vehicle downtime costs
• Incidental, indirect, or consequential losses of any kind
• Any amounts exceeding the original purchase price of the item
3. WARRANTY EXCLUSIONS
This warranty is void and does not apply under the following circumstances:
a) Improper installation not in accordance with OEM specifications, torque values, or manufacturer guidelines
b) Misuse, abuse, neglect, accident, or unauthorized modification of the part
c) Tuning, reprogramming, deletes, or alterations to the engine or drivetrain management system
d) Damage caused by failure of supporting systems including but not limited to fuel, oil, coolant, or electrical systems
e) Normal wear items including filters, gaskets, seals, o-rings, hoses, and bearings subject to normal service intervals
f) Contamination of oil, fuel, coolant, or other fluids
g) Insufficient maintenance or failure to follow break-in procedures
h) Installation on an incorrect or incompatible vehicle application
i) Parts purchased from a third party or reseller not authorized by BTC
Installer and Buyer Responsibility: It is the sole responsibility of the Buyer and/or installer to verify that all parts ordered are correct for the specific application prior to installation. BTC is not liable for damages, losses, or failures resulting from incorrect part selection or installation error. Ordering a part does not constitute confirmation of compatibility.
4. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Bennett Truck Center, its owners, officers, employees, agents, and vendors shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of income, loss of profit, vehicle downtime, or business interruption, arising out of or related to any product sold or service provided.
If a warranty claim is validated and approved, BTC’s total maximum liability shall not exceed the lesser of:
(a) the original purchase price of the defective item, or
(b) Five Thousand Dollars ($5,000.00),
unless a separate written agreement signed by an authorized BTC officer explicitly states otherwise.
If a Buyer is dissatisfied with a product or service and no valid warranty claim exists, the Buyer’s sole remedy is to cease use of the product and contact BTC for review. BTC reserves the right to make a final determination on all non-warranty disputes.
5. WARRANTY CLAIM PROCEDURE
STEP 1 – SUBMIT CLAIM FORM
Complete the official Bennett Truck Center Warranty Claim Form in its entirety. Incomplete submissions will not be processed and may result in delays or denial.
Required documentation:
• Full customer name, company name (if applicable), phone number, and email address
• Original BTC invoice or proof of purchase (claims without proof of purchase will be denied)
• Description of the failure, including when it occurred and under what conditions
• Photos or video of the failed part (required)
• Labor invoice from a licensed repair facility (if applicable)
• ECM/diagnostic report (required where applicable per manufacturer standards)
STEP 2 – AWAIT RETURN AUTHORIZATION
Do NOT return any parts without a Return Authorization (RA) number issued by BTC. Unauthorized returns will be refused and returned at the sender’s expense.
Once the completed claim form is reviewed and approved for inspection, BTC will issue:
• A Return Authorization (RA) number
• A prepaid return shipping label
Only the BTC-issued label may be used. Claims shipped with unauthorized labels may be denied.
STEP 3 – PREPARE AND SHIP THE PART
• Drain all fluids (oil, coolant, fuel, etc.) completely
• Clean and dry the part thoroughly
• Use original packaging if available; otherwise use appropriate protective materials (foam, bubble wrap, banding)
• Include the Return Authorization Form inside the package, clearly visible
• Write the RA number on the outside of the package
STEP 4 – RETURN TIMELINE
All claimed parts must be received by BTC within thirty (30) calendar days of the RA issuance date. Parts returned after this window will not be eligible for warranty consideration, and the claim will be closed with no credit or replacement issued.
6. INSPECTION, DECISION & APPEALS
Upon receipt, BTC or the applicable manufacturer will conduct a thorough inspection of the returned part. BTC will notify the Buyer of the decision within ten (10) business days of receiving the part.
Possible outcomes:
• Approved: Buyer receives a replacement part or store credit at BTC’s discretion.
• Denied: Buyer will be notified in writing with the reason for denial.
Denied parts will be held for fifteen (15) calendar days following notification. During this window, the Buyer may request return of the part at their own shipping expense. After fifteen (15) days with no response, the part will be deemed abandoned and may be scrapped or disposed of by BTC with no further obligation.
Appeals Process: If a Buyer disagrees with a denial decision, they may submit a written appeal to warranty@bennetttruckcenter.com within ten (10) business days of the denial notice. Appeals must include new supporting evidence not previously submitted. BTC’s decision on appeal is final.
7. MANUFACTURER WARRANTIES
Certain parts sold by BTC may carry their own manufacturer’s warranty (including but not limited to parts from Mcbee, PAI, Eaton). In such cases:
• The manufacturer’s warranty terms govern and supersede BTC’s warranty for those specific parts.
• BTC will assist in submitting the claim to the manufacturer on the Buyer’s behalf, but final approval authority rests solely with the manufacturer.
• Labor reimbursement rates, when applicable, follow each manufacturer’s published warranty schedule (typically $30–50/hr flat rate book time). BTC does not guarantee any specific labor allowance.
• BTC is not liable for a manufacturer’s denial of a warranty claim.
8. INSTALLATION STANDARDS & DISCLAIMER
All parts must be installed in strict accordance with OEM specifications, published torque sequences, cleanliness standards, and lubrication requirements. Failure to follow these guidelines will void the warranty in full.
BTC is not responsible for:
• Engine or drivetrain damage caused by incorrect installation practices
• Failures resulting from contaminated oil, fuel, or coolant systems
• Damage caused by improper break-in procedures
• Any failure attributable to aftermarket tuning, emission deletes, or ECM modifications
BTC strongly recommends that all installations be performed by a qualified and licensed diesel technician. Installation by an unqualified individual does not automatically void the warranty but may be a factor considered during inspection.
9. GOVERNING LAW & DISPUTE RESOLUTION
This Warranty Policy shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Any dispute arising out of or relating to this policy, a purchase from BTC, or a warranty claim that cannot be resolved informally shall first be submitted to non-binding mediation in Bexar County, Texas. If mediation fails, the parties agree to resolve the dispute through binding arbitration in Bexar County, Texas, under the rules of the American Arbitration Association (AAA). The Buyer waives any right to a jury trial or class action proceeding related to any BTC purchase or warranty claim.
Nothing herein prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction in Bexar County, Texas.
10. FORCE MAJEURE
BTC shall not be liable for any failure or delay in fulfilling a warranty obligation caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, supply chain disruptions, pandemics, government actions, labor strikes, or transportation failures. In such cases, BTC will make commercially reasonable efforts to fulfill its obligations as conditions permit.
11. SEVERABILITY
If any provision of this Warranty Policy is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
12. ENTIRE AGREEMENT & AMENDMENTS
This Warranty Policy constitutes the entire agreement between Bennett Truck Center and the Buyer regarding product warranties and liability. It supersedes all prior or contemporaneous communications, representations, or agreements, whether written or verbal.
BTC reserves the right to update, revise, or modify this Warranty Policy at any time. Updates will be posted to the BTC website and/or provided upon request. Continued purchase from BTC following any revision constitutes acceptance of the revised terms.
13. HOW TO CONTACT BTC WARRANTY DEPARTMENT
For warranty assistance, claim submission, or questions:
Email: warranty@bennetttruckcenter.com
Phone: (830) 217-1954
Mailing Address: 14526 U.S. Highway 181 S, San Antonio, TX 78223
A warranty representative will respond within one (1) to five (5) business days of receiving a completed submission.
14. BUYER ACKNOWLEDGMENT & AGREEMENT
By purchasing any product or service from Bennett Truck Center, the Buyer acknowledges that they have read, understood, and agreed to all terms and conditions of this Limited Warranty Policy, including all limitations of liability, exclusions, and dispute resolution procedures
Bennett Truck Center (BTC) ships nationwide using reputable carriers such as FedEx, UPS, USPS, and regional freight providers.
All orders are shipped FOB Origin (Freight on Board) — meaning ownership and responsibility transfer to the customer once the order leaves our facility or our vendor’s dock.
By placing an order with Bennett Truck Center, the customer acknowledges and agrees to all terms outlined in this Shipping Policy.
Orders are typically processed and shipped within 1–2 business days once payment has been received and verified.
Processing time does not include transit time.
If an item is not in stock at our warehouse, it may ship directly from the manufacturer or vendor (drop-shipped).
Estimated shipping times vary depending on the carrier and location, and are not guaranteed.
Bennett Truck Center is not responsible for any delays in delivery once an order has been shipped.
Delays caused by carriers—including but not limited to FedEx, UPS, USPS, or freight companies—are beyond our control and do not qualify for refunds, cancellations, or damages.
Common causes of delay include:
Weather conditions
Incorrect or incomplete shipping addresses
Carrier logistics or capacity delays
National holidays
Strikes, natural disasters, or other events beyond BTC’s control
BTC cannot guarantee delivery dates or times under any circumstance.
Once a shipment has been transferred to the carrier, BTC’s liability ends.
All risk of loss, damage, or delay passes to the customer.
If a package is:
Lost: The customer must contact the carrier directly to initiate a trace or claim. BTC will assist if possible but cannot issue replacement parts or refunds until the carrier completes its investigation.
Damaged: The customer must note damage at time of delivery and retain all packaging materials. Damage claims must be filed with the carrier within their published claim window.
Misdelivered: BTC will help coordinate with the carrier, but the carrier’s findings and compensation policies will govern resolution.
For large or heavy shipments (engines, transmissions, differentials, etc.), deliveries are made curbside unless otherwise arranged.
It is the customer’s responsibility to provide proper equipment for unloading (e.g., forklift or dock).
Failure to do so may result in additional fees or delivery refusal.
If visible damage is present at delivery, the customer must note it on the Bill of Lading (BOL) and take photosbefore signing.
Failure to document visible damage may void eligibility for freight claims.
Customers are responsible for providing accurate and complete shipping information.
BTC is not responsible for lost or delayed shipments due to incorrect addresses or missing information.
Any fees assessed by the carrier for address corrections or re-delivery will be billed to the customer.
Shipping costs are calculated based on size, weight, and destination.
Some items include free shipping, but “free shipping” applies only to the original outbound shipment.
Any return shipping or re-shipments due to customer error are the customer’s responsibility.
If a shipment is refused or returned as undeliverable, the customer will be responsible for:
All outbound and return shipping costs
Any restocking or handling fees
Reshipment fees if the order is to be sent again
BTC reserves the right to deduct these costs from any refund or credit.
Under no circumstances shall Bennett Truck Center be liable for:
Missed delivery deadlines
Lost business or income due to delayed shipments
Vehicle downtime, rental fees, or related expenses
Delivery estimates are provided by the carrier and are not guaranteed.
BTC’s responsibility ends when the shipment is tendered to the carrier.
If a delivery delay occurs, the customer’s exclusive remedy is to contact the carrier directly to file a claim or request delivery status.
BTC currently ships within the United States only unless otherwise approved.
International shipping (if approved) is subject to additional handling, customs fees, and carrier conditions.
BTC is not responsible for customs delays, import duties, or clearance issues once the item leaves the U.S.
If a shipment arrives damaged:
Take clear photos of all packaging and the damaged item.
Do not discard the box, packing materials, or item.
Contact BTC within 48 hours of delivery at shipping@bennetttruckcenter.com or (830) 217-1954.
BTC will assist in initiating a claim with the carrier.
Please note: Replacement or credit is issued only after the carrier has completed their investigation and approved the claim.
Bennett Truck Center shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to:
Acts of God
Fire, flood, or severe weather
Labor disputes
Transportation or carrier failures
Government actions or supply chain disruptions
By purchasing from Bennett Truck Center, you acknowledge and agree to this Shipping Policy and all limitations of liability contained herein.
© 2025 Bennett Truck Center, – All Rights Reserved
14526 U.S. Hwy 181 S, San Antonio, TX 78223
📧 shipping@bennetttruckcenter.com | 📞 (830) 217-1954
Thank you for shopping with Bennett Truck Center. We want you to be fully satisfied with your purchase. Please review our return rules below:
1. Return Window
We accept returns within 14 days of delivery. After this period, unfortunately, we cannot offer a refund or exchange.
2. Condition of Items
To be eligible for a return, your item must be in the same condition as when you received it — unworn, unused, with tags, and in its original packaging. A receipt or proof of purchase is required.
3. Return Shipping
Return shipping is free. Once your return is approved, we will provide you with a prepaid return label and instructions on how to send your item back.
4. Restocking Fee
All returns are subject to a 20% restocking fee, which will be deducted from your refund.
5. Exclusions
Please note that final sale items cannot be returned. Only regular-priced and eligible items may be returned.
6. How to Start a Return
To request a return, please contact us at office@bennetttruckcenter.com
Items sent back to us without first requesting a return will not be accepted.
7. Questions?
If you have any questions regarding returns, please contact us at office@bennetttruckcenter.com
Last updated: August 28, 2026
BENNETT TRUCK CENTER operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). BENNETT TRUCK CENTER is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.
When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:
We may collect personal information from the following sources:
Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy . Depending on where you live, you may exercise certain rights with respect to your personal information here Shopify Privacy Portal Link.
The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en.
We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.
Please note that we may transfer, store and process your personal information outside the country you live in.
If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the "Last updated" date and provide notice as required by applicable law.
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call +1 830-217-1954 or email us at matthew@bennetttruckcenter.com or contact us at 14526 South U.S. Highway 181, San Antonio TX 78223, United States
OVERVIEW
Welcome to BENNETT TRUCK CENTER! The terms “we”, “us” and “our” refer to BENNETT TRUCK CENTER. BENNETT TRUCK CENTER operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). BENNETT TRUCK CENTER is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. BENNETT TRUCK CENTER reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until BENNETT TRUCK CENTER confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as BENNETT TRUCK CENTER may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by BENNETT TRUCK CENTER, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of BENNETT TRUCK CENTER, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by BENNETT TRUCK CENTER.
BENNETT TRUCK CENTER’s names, logos, product and service names, designs, and slogans are trademarks of BENNETT TRUCK CENTER or its affiliates or licensors. You must not use such trademarks without the prior written permission of BENNETT TRUCK CENTER. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
BENNETT TRUCK CENTER is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with BENNETT TRUCK CENTER. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BENNETT TRUCK CENTER, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BENNETT TRUCK CENTER.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm BENNETT TRUCK CENTER, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY BENNETT TRUCK CENTER, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BENNETT TRUCK CENTER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BENNETT TRUCK CENTER, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - 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 19 - WAIVER; 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 governs 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 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - 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 federal and state or territorial courts in the jurisdiction where BENNETT TRUCK CENTER is headquartered. You and BENNETT TRUCK CENTER consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at matthew@bennetttruckcenter.com.
Our contact information is posted below:
[INSERT TRADING NAME]
matthew@bennetttruckcenter.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
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