Effective Date: March 1, 2023
These Terms of Service (“Terms”) govern access to and use of the services provided by Trek Automation LLC (“Trek Automation LLC,” “Company,” “we,” “our,” or “us”). By accessing our website, requesting services, submitting inventory, or otherwise doing business with Trek Automation LLC, you agree to be bound by these Terms.
Services
Trek Automation LLC provides fulfillment, warehousing, inventory management, logistics coordination, Amazon FBA preparation, order processing, shipping coordination, returns processing, and related services.
All services are provided subject to these Terms and any separate written agreements between the parties.
Pricing and Fees
All pricing, rates, fees, storage charges, handling charges, and service fees are subject to change at any time.
Trek Automation LLC reserves the right to modify pricing, impose additional fees, or discontinue services without prior notice.
Customers remain responsible for all outstanding balances, fees, charges, taxes, shipping costs, carrier fees, storage fees, and related expenses.
Payment Terms
Invoices are due according to the payment terms specified by Trek Automation LLC.
Late payments may result in:
- Service suspension
- Delayed processing
- Inventory holds
- Additional fees and interest charges
- Account termination
Trek Automation LLC may retain possession of inventory until all outstanding amounts are paid in full, where permitted by law.
Customer Responsibilities
Customers are solely responsible for:
- Providing accurate product information
- Compliance with all laws and regulations
- Proper packaging of inventory prior to shipment to our facility
- Product quality and safety
- Marketplace compliance requirements
- Product recalls
- Product warranties
- Customs, duties, and import/export compliance
Customers warrant that all inventory submitted is lawful and eligible for storage and fulfillment.
Inventory and Storage
While Trek Automation LLC uses commercially reasonable efforts to safeguard inventory, all inventory is stored at the customer’s risk.
Trek Automation LLC shall not be liable for loss, damage, theft, deterioration, mislabeling, contamination, market value loss, environmental conditions, acts of God, fire, flood, weather events, utility failures, carrier actions, government actions, criminal acts, or other events beyond our reasonable control.
Customers are encouraged to maintain adequate insurance coverage for all inventory and shipments.
Shipping and Carrier Services
Trek Automation LLC may coordinate shipments through third-party carriers.
Once inventory or packages are transferred to a carrier, Trek Automation LLC is not responsible for:
- Delayed deliveries
- Lost shipments
- Misrouted shipments
- Damaged shipments
- Theft during transit
- Carrier service failures
- Delivery exceptions
- Tracking inaccuracies
Carrier claims must be pursued according to the carrier’s policies and procedures.
Limitation of Liability
To the maximum extent permitted by law, Trek Automation LLC shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or economic damages.
This includes, without limitation:
- Lost profits
- Lost sales
- Lost business opportunities
- Loss of customers
- Marketplace suspensions
- Inventory shortages
- Shipping delays
- Business interruption
- Data loss
In all circumstances, Trek Automation LLC’s total aggregate liability shall not exceed the amount paid by the customer to Trek Automation LLC for services during the thirty (30) days immediately preceding the event giving rise to the claim.
Indemnification
Customers agree to defend, indemnify, and hold harmless Trek Automation LLC, its owners, members, managers, employees, contractors, affiliates, successors, and agents from any claims, losses, damages, liabilities, costs, expenses, or attorney’s fees arising from:
- Customer products
- Customer inventory
- Customer instructions
- Product defects
- Regulatory violations
- Intellectual property claims
- Customer negligence
- Customer misuse of services
No Guarantees
Trek Automation LLC does not guarantee:
- Delivery times
- Carrier performance
- Inventory accuracy percentages
- Sales increases
- Marketplace performance
- Revenue growth
- Product rankings
- Availability of services
All services are provided on an “AS IS” and “AS AVAILABLE” basis.
Account Suspension and Termination
Trek Automation LLC reserves the absolute right, in its sole discretion, to refuse service, suspend accounts, restrict access, place inventory holds, or terminate customer relationships at any time, with or without cause, and with or without prior notice.
Upon termination, customers remain responsible for all outstanding fees and charges.
Force Majeure
Trek Automation LLC shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to natural disasters, fires, floods, labor disputes, pandemics, government actions, transportation disruptions, cyberattacks, utility failures, carrier delays, or supply chain interruptions.
Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to these Terms, the services provided by Trek Automation LLC, or the relationship between the parties shall be resolved exclusively through binding arbitration.
Arbitration shall be conducted in Texas under the rules of the American Arbitration Association (AAA) or a comparable arbitration provider selected by Trek Automation LLC.
The parties waive any right to a jury trial.
The parties agree that arbitration shall be conducted solely on an individual basis and not as a class action, collective action, or representative proceeding.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
Modifications
Trek Automation LLC may update, modify, or replace these Terms at any time without notice. Continued use of our services constitutes acceptance of the updated Terms.
Contact Information
Questions regarding these Terms may be directed to:
Trek Automation LLC
Email: cs@trekautomation.com