Wheelco Terms and Conditions


We strive for the highest customer service and satisfaction with every sale. If you’d like to know more about our terms and conditions, here’s our policy:

Terms of Use

Effective Date: September 1, 2020


Acceptance of the Terms of Use

These Terms of Use are entered into between you and Drum Corporation, doing business as Wheelco Brake & Supply, Inc. (“Wheelco”). The following terms and conditions, together with any documents they incorporate by reference, govern your access to and use of the websites https://www.wheelco.com, https://wmc.wheelco.com, or https://support.wheelco.com (collectively referred to as the “Website”), including any content, functionality, and services offered on or through the Website.

Please read these Terms of Use before you start to use the Website. By using the Website, or by visiting any area or page on the Website, you accept and agree to be bound and abide by these Terms of Use and Wheelco’s Privacy policy, found here. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the Website immediately.

The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Wheelco and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

These Terms May Change

Wheelco may revise and update these Terms of Use from time to time in its sole discretion and without prior notice. All changes are effective immediately. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Intellectual Property Rights

The term “Content” refers to all of the software and code comprising or used to operate the Website, as well as all of the text, photographs, images, illustrations, graphics, sound recordings, audio-video clips, and other materials available on the Website.

The Website and its entire Content are owned by Wheelco, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All Content is or may be copyrighted as a collective work under the U.S. copyright laws.

The presence of any Content on the Website does not constitute a waiver of any right in such Content. Except as otherwise provide herein, none of this Content may be used, copied, reproduced, distributed, republished, modified, displayed, posted, or transmitted in any form without Wheelco’s express prior written permission.

Licenses and Restrictions

Wheelco grants you a limited, non-exclusive, revocable license to access and make personal, noncommercial use of the Website and Wheelco’s Content. You have permission to lawfully access and use the Website and to display, download, or print portions of the Website on a temporary basis and for your personal, noncommercial use only, provided that you (1) do not modify the Content; (2) retain any and all copyright and other proprietary notices contained in the Content; and (3) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks

The Wheelco names and logos, all product names, and all related names, logos, product and service names, designs, and slogans (the “Marks”), whether registered or not, are trademarks of Wheelco. You must not use the Marks without the prior written permission of Wheelco. All other trademarks, product names, company, names, logos, service marks, and/or trade dress mentioned, displayed, or otherwise shown on the Website are the property of their respective owners.

User Generated Content

User Generated Content (“UGC”) refers to all materials that users post on or through the Website, including content posted via social network applications or product-review tools that Wheelco makes available to you. You are responsible for UGC that you post. Wheelco is not responsible for any UGC that you post and you may be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, a confidentiality obligation, or otherwise infringe the rights of others. You agree to indemnify and hold Wheelco harmless from any loss, damage, or expense (including attorney fees) that Wheelco incurs in connection with a third party claim in relation to your UGC.

Any UGC you post will be considered non-confidential and non-proprietary. By posting any UGC, you grant Wheelco and its licensees, successors, agents, and assigns, the license and right to use, reproduce, modify, perform, distribute, copy, and otherwise disclose to third parties any such material.

Because Wheelco does not control the UGC posted on or through the Website, Wheelco does not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. Wheelco is not responsible for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted on this Website.

Wheelco may remove UGC in its discretion, but is not obligated to do so. Wheelco has the right (but not the obligation) to:

  • Monitor all UGC
  • Remove or block any UGC at any time without notice and in Wheelco’s sole discretion
  • Disclose any UGC and the identity of the user who posted it in response to a subpoena, court order, or whenever Wheelco believes that such disclosure is required by the law, to prevent or investigate a possible crime, to protect the rights of Wheelco or others, or to enforce these Terms of Use
  • Terminate your access to this Website, or to modify, edit, or block your postings to the Website

In posting or submitting UGC, you agree not to upload, post, transmit, or otherwise make available:

  • Any UGC that is unlawful, harmful, hateful, abusive, harassing, libelous, defamatory, obscene, pornographic, racially disparaging, indecent, or invasive of another’s privacy
  • Any UGC that constitutes or encourages any illegal activity
  • Any UGC that is false, misleading, or fraudulent
  • Any UGC that promotes goods or services for personal or financial gain
  • Any UGC that promotes a political party, candidate, or issue
  • Any UGC that you do not have a right to make available under any law, or under any contractual or fiduciary relationship
  • Any UGC that violates or infringes upon the rights of others
  • Any material that contains software virus or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
  • Any UGC that violates any local, state, national or international law, rule or regulation

By posting UGC, you represent and warrant that you own or otherwise control the rights to the UGC and have the right to grant the license set forth in these Terms of Use, and that you are at least eighteen years old and you have and read and understood these Terms of Use.

Digital Millennium Copyright Act

It is not Wheelco’s practice to permit materials known by Wheelco to infringe another’s copyright to remain on the Website. If you believe any materials on the Website infringe your copyright, you should provide Wheelco a notice in accordance with the Digital Millennium Copyright Act.

Disclaimer of Warranties

WHEELCO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE WEBSITE. THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE ON AN “AS IS” BASIS. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. WHEELCO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WHEELCO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. WHEELCO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WHICH IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WHEELCO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE.

TO THE FULLEST EXTENT ALLOWED BY LAW, WHEELCO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR LINKED TO THE WEBSITE.

Without limiting any of the foregoing, certain products offered on the Website may be covered by a manufacturer’s product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any such warranty. You may find more information regarding Wheelco’s warranties here and its return policies here.

Parts Return Policy

Non-warranty and non-core for stocking parts can be returned approved by the appropriate Wheelco employee according to our authorization threshold and to the follow conditions:

  • We consider all sales final unless a part is either: (1) Defective (2) Other than ordered.
  • A return will not be accepted after 60 days (unless part is under extended manufacturer warranty shown in catalogs). Returns must be made in their original cartons.
  • Installation, disassembly or modification done by a third party on behalf of a customer is not an exception to our policy. The purchaser has full responsibility for the condition of the part.
  • Any part that is returned must be in NEW-SALE condition as determined by our returns department.
  • A part which has been disassembled, drilled, welded, cut, painted or modified in any way cannot be returned.
  • Any incomplete kit cannot be returned.
  • Parts where installation has been attempted or completed are not returnable. It is the customer's responsibility to check parts for correct fit BEFORE installation.
  • Refunds are made in the same manner in which you made payment. Credit will be issued to your charge card or a refund check will be issued if you paid by check. Refunds on orders paid by check will be issued after 10 working days from receipt of check.
  • Customers may be charged a 20% restocking fee. However, we have the discretion to wave the restocking fee when applicable.

For special order parts, the Vendor needs to approve returns prior to crediting the customer. All customers will be charged a restocking fee percent provided by the vendor and the freight back to the vendor.

Indemnification

You agree to defend, indemnify, and hold harmless Wheelco, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorney’s fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your UGC, and use of the Website’s Content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Links to Sites Operated by Third Parties

The Website may provide links to websites operated by third parties. Wheelco is not responsible for examining or evaluating, and Wheelco does not warrant the products or offerings of any of these businesses or individual or the accuracy or content of those websites. Before you use any website, you should review the applicable terms of use and policies. The inclusion of a link in this Website does not imply Wheelco’s endorsement of the website. If you decide to access a linked third-party website, you do so at your own risk.

Waiver

Wheelco’s failure at any time to require performance of any provision under these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction, and Venue

Wheelco’s headquarters are located in Sioux Falls, South Dakota. These Terms of Use shall be governed under the laws of the State of South Dakota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these terms shall be venued exclusively in state court in Minnehaha County, South Dakota, or in the southern division of federal district court in the district of South Dakota. You consent and submit to the personal jurisdiction of said courts for all purposes and waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms of Use, together with Wheelco’s Privacy Policy, the official rules of any contests, and any applicable click-through agreement, contain the entire understanding and agreement between you and Wheelco with respect to the Website, and supersedes all previous communications, negotiations, and agreements, whether oral, written, or electronic between you and Wheelco with respect to this Website.


Questions

If you have questions or concerns about these Terms of Use, please contact Wheelco by sending an e-mail to SupportCenter@Wheelco.com with the subject line “Terms of Use.” You may also submit a message through our Contact Us page, or call Wheelco at 800.952.3674. Customer service staff are available during Wheelco’s posted Customer Service Hours.