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Terms and Conditions of Sale

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

  1. Applicability of Terms and Conditions. These terms and conditions (these "Terms") are between you, and any company or organization represented by you ("Customer," "you" or "your," as applicable) and Rush Administrative Services, Inc. on behalf of itself and its affiliates (“Company,” “we” or “our,” as applicable) and apply to your purchase of products through shop.rushtruckcenters.com (the "Site"). These Terms are subject to change at any time without prior written notice by Company. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
  2. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding the foregoing, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Special order items are non-cancelable by you once the order has been submitted. Orders for in-store pickup of stocked items may be cancelled by you at any time prior to pickup. Orders for stocked items to be delivered to you may be cancelled by you at any time prior to shipment.
  3. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Terms of payment are within our sole discretion and, unless otherwise agreed to or permitted by us in writing, payment must be received by us before our acceptance of an order and may only be made with a valid credit or debit card. By using any such card, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
  4. Shipping Information; Title and Risk of Loss. Unless you select in-store pickup at checkout, we will ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, shipping and delivery dates are estimates only and cannot be guaranteed and we shall not be responsible for any delays in shipments. If you want to pick up your order at a Rush location, please review our in-store pickup instructions, which can be found at the following link: https://shop.rushtruckcenters.com/in-store-pickup. Title and risk of loss pass to you on delivery to your specified delivery location, if shipped by us, or to you or your agent, if delivery or pick-up is arranged by you.
  5. Returns. See our Return Policy here: https://shop.rushtruckcenters.com/return-policy.
  6. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://www.rushtruckcenters.com/privacy-policy and https://www.rushtruckcenters.com/terms-of-use. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
  7. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
    1. Buyer's R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; and (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind.
    2. LIMITED WARRANTY AND COMPANY'S DISCLAIMERS. ANY WARRANTIES ON ITEMS PURCHASED VIA THE SITE ARE SOLELY THOSE OFFERED BY THE MANUFACTURER OF THE ITEM. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE ITEMS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY BREACH OF THE MANUFACTURER'S WARRANTY CLAIMS AND/OR FOR ANY LOSS OR DAMAGES THAT MAY ARISE OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
    3. LIMITATION OF LIABILITY; LIABILITY CAP. YOU AGREE THAT RUSH, AND EACH OF ITS PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, OWNERS, ASSOCIATES, JOINT VENTURERS, CONTRACTORS, ATTORNEYS, INSURERS, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY, THE “LIMITED PARTIES”), SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR FOR ANY INDEMNITY, REGARDLESS OF THE NATURE OR CAUSE OF THE DAMAGES OR INDEMNITY, THAT ARISE OUT OF OR RELATE TO YOUR VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY GOODS OR SERVICES, OR THE OFFERING OF CONTENT, INFORMATION, GOODS, SERVICES, OR OTHER MATERIAL ON, OR ACCESSIBLE THROUGH, THIS SITE AND/OR IN ANY EMAILS, NEWSLETTERS, OR IN ANY EXTERNALLY-LINKED THIRD PARTY SITE. WITHOUT LIMITING THE FOREGOING, THE LIMITED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, AND/OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER CAUSE, LOSS, ACTION, CLAIM, OR DAMAGE, INCLUDING LOSS OF TIME, LOSS OF OPPORTUNITY, LOSS OF BUSINESS, LOSS OF EARNINGS, OR INJURY TO PERSON (INCLUDING DEATH) OR PROPERTY.

      4. UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS.

  8. INDEMNIFICATION. YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE LIMITED PARTIES FROM AND AGAINST ALL LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, COSTS, ATTORNEY’S FEES, AND ALL OTHER COSTS AND EXPENSES, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO (I) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT AND (II) YOUR ACTUAL OR ALLEGED NEGLIGENT, WILLFUL OR INTENTIONAL ACTIONS OR OMISSIONS ARISING OUT OF OR RELATING TO YOUR REGISTRATION, VISITATION OR USE OF THIS SITE; PURCHASE, POSSESSION, USE OR NONUSE OF ANY PRODUCTS, GOODS, OR SERVICES. THE INDEMNIFIED PARTIES MAY, AT THEIR SOLE DISCRETION, CHOOSE TO PARTICIPATE IN THE DEFENSE OR ANY MATTER OR CLAIM OR NEGOTIATED SETTLEMENT. NO SETTLEMENT THAT MAY HAVE THE POTENTIAL TO AFFECT AN INDEMNIFIED PARTY’S RIGHTS IN ANY WAY SHALL BE ENTERED INTO WITHOUT SUCH INDEMNIFIED PARTY’S PRIOR WRITTEN APPROVAL.
  9. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
  10. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
  11. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
  12. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  13. Governing Law; Jurisdiction.
    1. Governing Law. All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the state of Texas or any other jurisdiction).
    2. Jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the applicable federal or state courts located in or serving Comal County, TX. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  14. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
  15. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) facsimile, at: (830) 302-5290; or (ii) personal delivery, overnight courier, or registered or certified mail to: Rush Enterprises, Inc., Attn: Rush Legal, 555 IH35 South, New Braunfels, TX 78130. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  16. Entire Agreement. These Terms, along with the confirmation email referenced in Section 2. above, any instructions that we provide you with relating to any product or service you obtain from us through the Site [(including without limitation any license agreement)], any terms and conditions that may be provided in connection with any promotion or other sale, and our Site's "Terms of Use" and "Privacy Policy," shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.