Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Midwest Heavy Duty website, online store, account features, live chat, forms, services, and related online functionality (collectively, the "Site").

The Site is owned and operated by Midwest Heavy Duty, LLC ("Midwest Heavy Duty," "we," "us," or "our").

By accessing or using the Site, creating an account, placing an order, requesting a quote, using live chat, submitting a form, or otherwise interacting with us through the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.

1. Use of the Site

Midwest Heavy Duty grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for lawful purposes, including browsing products, placing orders, requesting quotes, managing your account, and contacting customer support.

You agree not to use the Site for any unlawful, fraudulent, abusive, harmful, or unauthorized purpose.

2. Eligibility

You must be at least 18 years old to place orders through the Site. By placing an order, you represent that you are legally capable of entering into a binding agreement.

If you use the Site on behalf of a business or other organization, you represent that you have authority to act on behalf of that organization.

3. Account Registration and Security

Certain features may require an account. You agree to provide accurate, current, and complete information when creating or updating an account.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Promptly notifying us of unauthorized account access or suspected security issues.

We may suspend, restrict, or terminate accounts if we believe an account has been used fraudulently, unlawfully, abusively, or in violation of these Terms.

4. Product Information

We make reasonable efforts to provide accurate product descriptions, pricing, images, specifications, availability, fitment information, interchange information, and other product details. However, product information may contain errors, omissions, inaccuracies, or outdated information.

Product images may be representative and may not exactly match the item shipped. Product specifications, packaging, availability, and manufacturer details may change without notice.

You are responsible for confirming that a product is suitable for your intended application before purchase. If you are unsure, contact us before ordering.

5. Interchange, Cross-Reference, and Fitment Information

The Site may include part numbers, interchange references, cross-reference information, fitment notes, manufacturer references, OEM references, and compatibility information.

This information is provided for convenience and assistance only. It should not be treated as a guarantee that a part is suitable for every application. Vehicle, fleet, equipment, and component configurations may vary.

You are responsible for verifying fitment, compatibility, specifications, and installation requirements before purchase or installation. When in doubt, contact Midwest Heavy Duty or consult the manufacturer's documentation.

6. Orders

All orders are subject to acceptance by Midwest Heavy Duty. We reserve the right to refuse, cancel, limit, or hold any order for any reason, including:

• Product unavailability.
• Pricing or listing errors.
• Suspected fraud.
• Payment issues.
• Shipping limitations.
• Compliance concerns.
• Abuse or misuse of the Site.
• Errors in product information.

Your receipt of an order confirmation does not guarantee acceptance of the order. If we cancel an order after payment has been processed, we will issue an appropriate refund to the original payment method where applicable.

7. Pricing and Availability

Prices and availability are subject to change without notice. We reserve the right to correct errors, inaccuracies, or omissions at any time, including after an order has been submitted.

If a pricing or availability error affects your order, we may contact you for instructions, cancel the order, or refund the affected item.

8. Payment

Payment must be made using an accepted payment method. By submitting payment information, you represent that you are authorized to use the payment method provided.

Payments are processed through secure third-party payment providers. Midwest Heavy Duty does not store card numbers or CVV/security codes in its own website database.

We may use fraud prevention, security, and verification tools to review transactions. Orders may be delayed, held, or canceled if fraud or unauthorized activity is suspected.

9. Taxes

Applicable taxes may be calculated and charged based on the order details, shipping destination, product type, and applicable tax rules. Tax calculations may be provided through third-party tax systems or business systems.

You are responsible for any taxes, duties, fees, or charges that apply to your purchase unless otherwise stated.

10. Shipping and Delivery

We will make reasonable efforts to process and ship orders promptly. Shipping times are estimates only and are not guaranteed unless expressly stated in writing.

Delivery may be affected by:

• Product availability.
• Supplier lead times.
• Carrier delays.
• Weather.
• Address issues.
• Payment verification.
• Fraud review.
• Force majeure events.
• Other circumstances outside our control.

Midwest Heavy Duty is not responsible for carrier delays or delivery failures caused by inaccurate shipping information provided by the customer.

11. Drop-Ship and Supplier-Shipped Orders

Some products may ship directly from suppliers, manufacturers, or third-party warehouses. These orders may have extended lead times and may be subject to supplier availability, supplier processing times, supplier shipping methods, and supplier restrictions.

Expedited shipping may reduce transit time after shipment but may not eliminate supplier processing or lead time.

12. Risk of Loss

Unless otherwise stated, risk of loss and title for products pass to the customer when the product is delivered to the carrier or as otherwise provided by applicable shipping terms.

If a shipment is lost, delayed, damaged, or misdelivered, contact us promptly so we can assist with carrier claims or resolution where possible.

13. Returns and Refunds

Returns are subject to Midwest Heavy Duty's return policy. Unless otherwise stated, eligible products may be returned within 30 days of receipt if they are unused, in original condition, and in original packaging.

Returned products may be inspected before a refund is issued. Shipping costs may be non-refundable unless required by law or unless Midwest Heavy Duty determines that the return resulted from our error.

Certain items may be non-returnable, including special-order items, electrical items, installed items, used items, damaged items, discontinued items, custom items, and items not in resaleable condition.

14. Core Charges

Some products may include a core charge. If a core charge applies, it will be communicated through the product listing, order process, invoice, or customer support process.

Core returns must be made within the stated time period and must meet the applicable return requirements. Core refunds may be denied or reduced if the returned core is missing, damaged, incomplete, late, not the correct core, or otherwise unacceptable.

15. Warranty

Product warranties, if any, are generally provided by the manufacturer. Midwest Heavy Duty may assist customers with warranty claims where possible, but manufacturer warranty terms, exclusions, review times, and claim decisions may apply.

Warranty coverage may be denied for misuse, improper installation, modification, abuse, neglect, normal wear, commercial misuse, failure to follow instructions, or other exclusions determined by the manufacturer.

Except as expressly stated, Midwest Heavy Duty does not make additional warranties beyond those provided by the manufacturer and those required by applicable law.

16. Live Chat and Customer Communications

Midwest Heavy Duty may provide live chat, email, phone, and online form support to assist customers.

If you use live chat, you understand and agree that live chat conversations may be recorded, transcribed, stored, and reviewed by Midwest Heavy Duty and our live chat service provider for customer support, record-keeping, quality assurance, training, security, dispute resolution, and business operations.

By starting or continuing a live chat, you consent to the recording, storage, and processing of the chat conversation and related technical information. If you do not consent, do not use live chat. You may contact us by phone or email instead.

Customer communications may be retained as business records and may be used to respond to inquiries, resolve disputes, provide support, fulfill orders, investigate security issues, and protect our rights.

17. Website Monitoring, Security, and Logs

For security, fraud prevention, troubleshooting, payment-security support, incident investigation, and protection of our systems and customers, Midwest Heavy Duty may monitor, log, and review activity on the Site.

This may include IP addresses, requested URLs, timestamps, referrers, browser and device information, account activity, order activity, security-event information, and other technical metadata.

These logs are used for internal operational, security, fraud prevention, legal, and compliance purposes. They are not sold to third-party marketing companies.

You agree not to interfere with, disrupt, attack, probe, scan, overload, scrape, reverse engineer, bypass security controls, or misuse the Site or related systems.

18. Prohibited Conduct

You agree not to:

• Use the Site for unlawful, fraudulent, deceptive, abusive, or harmful purposes.
• Attempt unauthorized access to the Site, accounts, servers, systems, APIs, or networks.
• Introduce viruses, malware, bots, scripts, or harmful code.
• Scrape, harvest, copy, or extract website content, pricing, product data, images, or catalog data without prior written permission.
• Use automated tools in a way that burdens, disrupts, or abuses the Site.
• Circumvent security, rate limits, authentication, access controls, or fraud-prevention measures.
• Submit false, misleading, or fraudulent information.
• Impersonate another person or entity.
• Use the Site to interfere with Midwest Heavy Duty's operations or the experience of other users.

We may block, restrict, suspend, or investigate activity that appears to violate these Terms.

19. Intellectual Property

All content on the Site, including text, graphics, logos, images, product data, software, design, layout, and other materials, is owned by Midwest Heavy Duty or its suppliers, licensors, or content providers and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, scrape, copy, download in bulk, republish, sell, exploit, or use Site content for commercial purposes without our prior written permission.

20. Third-Party Services and Links

The Site may use or link to third-party services, including payment processors, shipping carriers, tax systems, live chat providers, analytics tools, security tools, product information systems, and other business systems.

Third-party websites and services may have their own terms and privacy policies. Midwest Heavy Duty is not responsible for third-party websites or services that we do not control.

21. Accuracy of Site Content

We do not guarantee that the Site will always be accurate, complete, current, uninterrupted, secure, or error-free. We may update, modify, suspend, or discontinue any part of the Site at any time without notice.

22. Disclaimer of Warranties

To the fullest extent permitted by law, the Site and all content, products, services, and information are provided "as is" and "as available," except as expressly stated otherwise.

Midwest Heavy Duty disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and uninterrupted operation, except where such disclaimers are prohibited by law.

Some jurisdictions do not allow limitations on implied warranties, so some limitations may not apply to you.

23. Limitation of Liability

To the fullest extent permitted by law, Midwest Heavy Duty and its owners, officers, employees, agents, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of data, business interruption, or loss of goodwill arising out of or related to your use of the Site, products, services, orders, or these Terms.

To the fullest extent permitted by law, Midwest Heavy Duty's total liability for any claim related to the Site, products, services, orders, or these Terms will not exceed the amount you paid to Midwest Heavy Duty for the product or service giving rise to the claim.

Nothing in these Terms limits liability where such limitation is prohibited by law.

24. Indemnification

You agree to defend, indemnify, and hold harmless Midwest Heavy Duty, its owners, officers, employees, agents, contractors, suppliers, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• Your use or misuse of the Site.
• Your violation of these Terms.
• Your violation of law.
• Information you submit to us.
• Your fraud, negligence, misconduct, or unauthorized activity.
• Your infringement or misappropriation of any rights of another person or entity.

25. Force Majeure

Midwest Heavy Duty will not be liable for delays or failures caused by events beyond our reasonable control, including weather, natural disasters, labor disputes, carrier delays, supplier delays, cyberattacks, power outages, equipment failures, internet outages, government action, war, terrorism, pandemic, public health emergencies, or other force majeure events.

26. Governing Law and Venue

Unless prohibited by applicable law, these Terms and any dispute arising from or relating to the Site, orders, products, services, or these Terms will be governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.

Unless prohibited by applicable law, you agree that any legal action or proceeding will be brought in the state or federal courts located in Wisconsin, and you consent to the jurisdiction of those courts.

27. Changes to These Terms

We may update these Terms from time to time. When we update them, we will revise the effective date or last updated date.

Your continued use of the Site after updated Terms are posted means you accept the updated Terms.

28. Termination or Suspension

We may suspend, restrict, or terminate access to the Site, accounts, orders, or services if we believe you have violated these Terms, violated applicable law, engaged in fraud or abuse, created security risk, or otherwise harmed Midwest Heavy Duty, customers, vendors, or systems.

29. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect.

30. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced on the Site, constitute the entire agreement between you and Midwest Heavy Duty regarding your use of the Site.

31. Contact Us

If you have questions about these Terms, please contact us at:

Midwest Heavy Duty, LLC
4107 Terminal Drive
McFarland, WI 53558
Email: support@midwestheavyduty.com
Phone: 800-392-9948