Welcome to the TRUE PITCH website located at www.truepitch.com and thank you for your interest in our Services. Please read these Terms and Conditions (the “Terms”) because they govern your use of this website as well as the products and services provided by TRUE PITCH and purchased by you. To make these Terms easier to read, the website, and the sale of our products and services are collectively called the “Services”. Furthermore, by using our Services and placing orders with TRUE PITCH, you agree to be bound by the Terms to the fullest extent permitted by applicable law (regardless of whether State, Federal, Local, Regulatory, International, etc.).
CHANGES TO TERMS AND CONDITIONS
We may modify our Terms at any time, in our sole discretion. Any modifications will be posted on our corporate website, or through other communications, as deemed appropriate.
CONTRACT TO PURCHASE
Only individuals 18 years and older may place orders through TRUE PITCH’S’ websites, by phone, by email, or in person or by any other means. After placing an order, you will receive a confirmation email which creates a contract to purchase the Services. When ordering online and you click the "Submit My Order" button, we'll present you with a confirmation screen and, if applicable, a confirmation email. Your contract to purchase is not considered complete until items are shipped.
SATISFACTION GUARANTEE
We guarantee 100% satisfaction with your purchase! Products may be returned for a refund within 30 days of receipt, when returned in accordance with our Return Policy set forth below. A restocking fee may apply on returns and exchanges.
RETURN POLICY
All returns must be authorized by TRUE PITCH and require a written return authorization issued by TRUE PITCH. Call our Customer Care Team at the 1-800-647-3539 or email [email protected]. Returns must be postmarked within 30 days of return authorization issue date; otherwise the return will not be eligible for credit. Items must be returned in their original condition, including all tags, packaging and accessories (if applicable). Freight charges will not be refunded and will be at the expense of the customer. Items will be subject to return freight charges and may also be subject to a restocking fee of up to 25%. Custom orders may not be returned unless the merchandise is defective or we made an error when making the custom order product. We are not responsible for misuse, customer installation, freight damage, improper handling, or improper storage. The return authorization number must be included in all correspondence and returns.
SHIPPING/DELIVERY POLICY
TRUE PITCH ships our orders in a variety of ways. You will receive an email update with your tracking number or contact information of the shipping/freight carrier once your order has shipped. Large deliveries require onsite coordination by the customer. Claims for defective or damaged Products or Services must be communicated promptly to TRUE PITCH. Once the shipment leaves our store, liability falls on the freight carrier. Carefully inspect all Products or Services upon arrival. Any signs of visible damage must be noted on the delivery receipt and signed by the driver. If damage is suspected, open the carton in the presence of the driver. If damage is present, contact TRUE PITCH at 1-800-647-3539 and the freight carrier immediately and request an inspection. Do not unpack. Keep all items and packing materials in the original container until inspector arrives. To return damaged Products or Services, you must call 1-800-647-3539 or email [email protected]
PROCESSING AND DELIVERY TIMES
We do our best to get all orders shipped in a timely manner, typically within 1-2 weeks. Due to the seasonality of sports, very high volumes occur within a couple months of the beginning of the next season and we encourage customers to plan ahead and place their orders early to ensure their product arrives before their season begins. All orders are processed and placed in queue for manufacturing within 1-3 business days of order confirmation and expected to ship within 1-2 weeks. Standard shipping typically takes between 2-8 business days, for destinations within the United States. If we are experiencing a high volume of orders, shipments may be delayed. . Additionally, nationwide and global shipping delays (such as those caused by unforeseen logistical circumstances, emergency protocols domestically and internationally, holiday volumes, or inclement weather) may impact your estimated delivery date.
PRICING AND SPECIFICATION
We reserve the right to change prices due to increased costs, or to correct errors in pricing and/or specifications. Suggested retail prices shown on our website are for reference only. No sales may have occurred at these prices. We will make every effort to send you only one invoice after all items on your order have shipped.
SALES TAX
Sales tax is determined based upon delivery address. You must provide the appropriate sales tax exemption or resale certification before your order is placed to qualify for tax exemption. Otherwise, state sales tax will be added to all orders with delivery address in the United States and Puerto Rico, except for orders delivered to States that do not require sales tax. If you are a new customer, tax exemption forms (resale certificate or state exempt organization certificate) must be sent to [email protected] along with the Customer information, or otherwise received by us with or before your first order, to document your status as not subject to sales tax. If we do not have on file a resale certificate or state exempt organization certificate, sales taxes will be added for orders shipped to any state or territory where we are required to charge sales tax.
CUSTOM ORDERS
Custom orders require a customer signed order specification confirmation before any custom order is processed. If you decide to change a custom order after it has been placed, please call us immediately. We will review to determine if the order has already been processed or if the change can be made. If the order has been processed, we will not be able to change it and you will be responsible for paying for the order. If a change can be made, there may be a delay in delivery and/or an additional charge. Please be certain of your ordering needs prior to submission. We may require that you prepay for custom orders.
PAYMENT TERMS
We offer net 30-day terms on approved credit, honor most major credit cards and accept prepaid orders. We accept VISA and MasterCard and other major credit cards and can accept ACH payments, E-Check, paper checks, and wire transfers. International orders must be paid prior to shipment of Products or Services. Customers can view their account online, reprint invoices and statements, as well make payment online through our secure customer portal at https://inventory.zoho.com/portal/truepitch We have the right to revoke credit terms for any Customer based on changes in circumstance and/or non-payment or untimely payment of invoices. Customers without established credit on account, orders placed with delivery destination outside of the contiguous United States, and online orders require prepayment before processing and shipment. In addition, we may require that you prepay for certain custom or decorated orders. Customers agree to pay invoices in full within set terms. Past due balances will be charged interest at the rate of eighteen percent (18%) per annum, or the highest rate permitted by applicable law, whichever is lower. Customers also agree to pay any and all fees, including attorney fees, incurred by us to collect past due invoices.
RISK OF LOSS, FREIGHT DAMAGE AND SHIPMENT SHORTAGES
Risk of loss, title and ownership of the goods purchased are transferred to the customer at the time goods are delivered to the common carrier. If a shipment is short or damaged, we will gladly assist you with your freight claim. The product shortage or damage must be noted on the freight delivery document. Please notify us immediately if you need assistance with your claim. Once the shipment leaves our store, liability falls on the freight carrier. Carefully inspect all Products or Services upon arrival. Any signs of visible damage must be noted on the delivery receipt and signed by the driver. If damage is suspected, open the carton in the presence of the driver. If damage is present, contact TRUE PITCH at 1-800-647-3539 and the freight carrier immediately and request an inspection. Do not unpack. Keep all items and packing materials in the original container until inspector arrives. To return damaged Products or Services, you must call 1-800-647-3539 or email [email protected]
DUPLICATE ORDERS
To avoid accidental duplication of your Internet or phone order, DO NOT send written confirmation unless you are asked to do so by a member of our team. If you must send confirmation, you must mark the order as “Confirming Order, Do Not Duplicate.” Unless your confirming order is marked clearly, you will be responsible for return freight charges and a restocking fee of up to 25% if the duplicate order is returned.
MANUFACTURER LIMITED WARRANTY
Covered Products:
True Pitch Fiberglass Pitching Mounds,
Model Number: 1010, 202-2, 202-4, 202-6, 202-6A, 302, 202-8, 202-8S, 312-G, 318-G, 600-G, 600 REG, 402, Serial Number: All
Limitations Of Damage:
True Pitch Mounds can not be liable for consequential damages for breach of this warranty. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the buyer.
Warranty Coverage:
True Pitch offers a limited manufacturer warranty for the Covered Product to be free of all defects in material and workmanship for 10 years from date of shipment of original order. This warranty extends to the original buyer and does not extend to any other owner or transferee of the product.
Within the period of this limited warranty, True Pitch and/or manufacturer will repair or replace, free of charge; any mound proving defective in material or workmanship of the fiberglass shell. All warranty repairs must be performed by True Pitch and/or manufacturer.
All expenses related to replacing or repairing a defective part under this limited warranty shall be assumed by True Pitch and/or manufacturer of the product except for the following expenses, which shall be assumed by the buyer: All Shipping, Packing, Handling, other services such as returfing expenses including labor and materials.
This warranty does not cover any damages due to transportation, storage,improper use, failure to follow the product instructions, modifications, combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us, normal wear and tear, damage caused by metal cleats or other shoes with metal or plastic spikes, or external causes such as weather, accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty does not include damages due to wear and tear of the artificial turf (Astro-Turf, SportsTurf, Field-Turf, or other) or any other material products on the fiberglass pitching mound..
Warranty Exclusions:
This warranty does not apply to any costs, repairs, or services for the following:
- Service calls to correct the installation of the Covered Product, or to explain the usage of the products to the buyer
- Repairs necessitated by use other than normal use.
- Damage resulting from misuse, abuse, accidents, alterations, or improper installation.
- Corrective work necessitated by repairs made by anyone other than True Pitch and/or manufacturer
- Damage due to heavy equipment driving over, on, into, or near mound and any other damage caused by other equipment.
How to Obtain Warranty:
The original customer should contact True Pitch at 1-800-647-3539 or [email protected] with a description and pictures and/or videos. Customer should then carefully pack the Covered Product, preferably in the original packing materials, and deliver it, together with a copy of the original purchase receipt and a description of the problem, to : True Pitch Manufacturing, Liquid Glass, 3177 140th Street, Sumner, Iowa 50674
We accept no liability for products lost, misplaced, or damaged in shipment. All shipping, handling, and transferring expenses are responsibility of the customer.
FORCE MAJEURE
Although we strive to meet obligations set forth in our promotional material, we will not be liable for any failure to perform any such obligations by reasons of acts of God or the elements; acts, delays and failures to act by governmental authorities; riots, insurrections, terrorism, sabotage and war; interruption, suspension, curtailment or other disruption of utilities; or other matters beyond our reasonable control.
APPLICABLE LAW
These Terms, the Customer order and the legal relations of the parties shall be determined in accordance with the laws of the State of Texas. The parties disclaim any applicability of the United Nations Convention of the International Sale of Goods related to their order and the Services. The Customer consents and will submit to the jurisdiction of the courts of, and the Federal Courts seated in, the Northern District of the State of Texas with respect to any disputes related to the Services.