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In the Ditch Terms and Conditions

In the Ditch Terms and Conditions

This agreement is made as of the effective date (as defined on the signature page) by and between In The Ditch Towing Products™, an Inventive, LLC company, (known here throughout dealer agreement as ITD) an Idaho corporation located at the address shown on the signature page of this agreement.

By accepting delivery of any product delivered from In The Ditch™ Towing Products, you (“customer”) agree to be bound by the terms and conditions listed below. You and In The Ditch™ Towing Products agree that the following terms and conditions are the exclusive terms governing the sales transaction between customer and In The Ditch™ Towing Products. Any attempt to alter, supplement, modify or amend these terms and conditions by the customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from In The Ditch™ Towing Products.

1. LIMITATION OF LIABILITY. In all circumstances, In The Ditch Towing™ Products maximum liability is limited to the purchase price of the products sold. In The Ditch™ Towing Products shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. In The Ditch™ Towing Products shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not In The Ditch™ Towing Products apprised the possibility of such claims or damages. Furthermore, In The Ditch's total liability for any and all losses and damages arising out of any cause whatsoever shall in no event exceed the purchase price of the products or parts in respect of which such cause arises, whether such cause be based on theories of contract, negligence, strict liability, tort or otherwise. In The Ditch™ shall not be liable for incidental, consequential or punitive damages or other losses. In The Ditch™ shall not be liable for, and consumer assumes liability for, all personal injury and property damage connected with the handling, transportation, possession, installation, other use or resale of the product, whether used alone or in combination with any other product or material. If In The Ditch™ LLC furnishes technical advice to consumer, whether or not at consumer’s request, with respect to installation, application, or use of the product and/or its related parts, In The Ditch™ shall not be liable for such technical advice and buyer assumes all risks of such advice and the results there of. Note: some states do not allow the limitation or exclusion of incidental or consequential damages, so the above limitations or exclusions, wholly or partially, may not apply. The portions of this limited warranty and limitation of liability shall be considered severable and all portions that are not disallowed by applicable law shall remain in full force and effect.

Towing by nature is a dangerous activity where Towing Professionals assume the risk of serious injury, or death. In The Ditch™ Towing Products are intended to only be used by Trained and Certified Towing professionals! If you are not trained and certified in proper and Safe Towing Procedures DO NOT USE these products.