Turn5 Dealer Program

Turn5 Dealer Program

Home of AmericanMuscle, ExtremeTerrain, AmericanTrucks & Ecklers

Submission Date*

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Your Business Name*

Main Email*

DBA or Trade Name (Optional)

Business Website Address (Optional)

Business Classification*

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Business Type*

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Commercial Shipping Address:

Address Line 1*

Address Line 2

City*

State*

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Zip Code*

Billing Address:

Is the Billing Address the Same as the Shipping Address?*

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Address Line 1*

Address Line 2

City*

State*

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Zip Code*

Main Contact Info:

First Name*

Last Name*

Title*

Phone Number*

Email*

Secondary Contact Info:

Do you want to add a secondary contact?*

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First Name*

Last Name*

Title*

Phone Number

Tax Information:

Please submit a copy of your resale cert, state tax exemption certificate & valid business license:*

On the resale certification, under vendor or seller (pending your state) please list "Turn5 Inc 600 Cedar Hollow Rd Paoli PA 19301"

Drag and drop files here or

Authorized Install Program

Are you interested in learning more about enrolling in our install program? Learn More

Please check this box to show interest!

If selected, our install program team will follow up via email after your dealer account is set up!

First Order Information:

Please provide sku(s) for first order of $250+:*

Please provide a list of item(s) you are looking to order upon approval of your application & credit card authorization. Once forms are completed you will be charged & shipped this order.

Terms & Conditions

TERMS AND CONDITIONS

(Revised December 14, 2022)

EFFECTIVE DATE

These Terms & Conditions will take effect on the date Turn5, Inc. (“Turn5”) notifies the entity completing the online application above (“you”) that Turn5 has accepted you into its dealer program. These Terms & Conditions will be of no force or effect unless or until you receive Turn5’s acceptance email.

NONEXCLUSIVE APPOINTMENT

Turn5 appoints you as a reseller of Turn5’s automobile parts anywhere within the contiguous 48 states of the United States, without any exclusive rights to any product or in any specific territory.

DURATION OF AGREEMENT

These Terms & Conditions shall continue indefinitely, unless either party gives notice of termination either with or without cause.

DEALER QUALIFICATIONS

In order to qualify as a Turn5 deal, you must be (and must remain):

• A validly licensed automotive business, either reseller and/or maintenance/repair facility

• Located in the contiguous 48 states.

You must:

• Upload your State Validation: Upload your (a) business license, (b) license to operate an automotive maintenance or repair facility (if applicable), and (c) state sales tax exemption certificate.

• Affirm your acceptance of these Terms & Conditions in the spaces provided below

APPROVED PAYMENT METHOD

Credit Card: The card must belong to the business or the business owner. Turn5 accepts American Express, VISA, MasterCard and Discover. Turn5 will charge your card on receipt of your order.

*CREDIT CARD AUTHORIZATION FORM WILL BE SENT TO YOU UPON APPROVAL OF YOUR DEALER APPLICATION. IF YOUR INFORMATION CHANGES, YOU MUST PROMPTLY PROVIDE ANY UPDATED AUTHORIZATION FORM.

ORDER PLACEMENT

To ensure accuracy & efficiency the preferred method of contact to place orders will be to email us at dealers@turn5.com, but you are welcome to give us a call as well to place an order! Your order is an offer to purchase and will not become legally binding on either party until Turn5 confirms its acceptance of the order by email or ships the ordered product to you.

Note that dealer orders will only be shipped to the commercial shipping address provided in your application. *If you need to permanently change your commercial shipping address please out to us directly at dealers@turn5.com to submit a new dealer application & proof of address change.

ORDER CHANGES & CANCELLATIONS

We strongly suggest you call us as soon as possible after placing your order if you need to change or cancel it, as we ship orders out quickly (usually same day)! If you email us, we may not receive them in time to stop the order from shipping out.

An order that has already shipped cannot be canceled. Please see Turn5’s current Return Policy.

RETURN POLICY AND OTHER TURN5 POLICIES

Each order will be subject to Turn5’s then-current policies, including policies concerning orders, shipments, returns and minimum advertised prices (collectively, “Turn5 Policies”). The Dealer Welcome Packet describes the policies in effect on the date Turn5 accepts your application. Turn5 may revise any Turn5 Policy by posting the revised policy on its website. Your breach of any Turn5 Policy is a breach of these Terms & Conditions.

PASS-THROUGH OF WARRANTIES

Turn5 represents and warrants that the products it ships to you will conform in make, model and quantity to the applicable order. Turn5 will make commercially reasonable efforts to pass through to you such warranties as its third party suppliers may grant regarding the products, and will make commercially reasonable efforts to assist you to enforce those warranties. THIS PARAGRAPH SETS FORTHTURN5’S SOLE WARRANTY OBLIGATIONS WITH RESPECT TO THE PRODUCTS, AND TURN5 MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, AND DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY OF NON-INFRINGEMENT OR ANY WARRANTY EXPRESS OR IMPLIED THAT THE PRODUCTS WILL YIELD ANY PARTICULAR RESULTS OR BENEFITS FOR CLIENT. ALTHOUGH TURN5’S PRODUCT RECOMMENDATIONS WILL REFLECT TURN5’S BEST JUDGMENT, KNOWLEDGE AND EXPERTISE, TURN5 DISCLAIMS ANY REPRESENTATION, WARRANTY, PROMISE OR GUARANTEE AS TO THE OUTCOME OF ANY ACTION BY TURN5 OR CLIENT BASED ON TURN5’S RECOMMENDATIONS OR OTHERWISE.

LIABILITY LIMITATIONS

IN NO EVENT WILL TURN5 BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF TURN5 IS FOUND LIABLE FOR ANY REASON UNDER THESE TERMS & CONDITIONS, IN NO CASE WILL TURN5’S LIABILITY IN THE AGGREGATE EXCEED FEES YOU PAID FOR THE UNITS OF PRODUCTS THAT ARE THE SUBJECT OF YOUR CLAIM. THIS SECTION STATES YOUR SOLE REMEDY AND TURN5’S EXCLUSIVE LIABILITY FOR ALL DAMAGES WHATSOEVER, IN CONTRACT OR TORT OR OTHERWISE.

CHOICE OF LAW

These Terms & Conditions shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania and any legal action arising from these Terms & Conditions will be in Chester County, Pennsylvania or the Eastern District of Pennsylvania.

ASSIGNMENT

You may not assign these Terms & Conditions or your dealership in whole or part without Turn5’s prior consent of the other party, except that no consent will be required to assign these Terms & Conditions and all outstanding orders in whole, but not in part, to an entity (a) controlling, controlled by or under common control with you; (b) purchasing substantially all of the your outstanding equity; or (c) purchasing substantially all of your assets relating to the dealership, provided, that the assignee agrees in writing to be bound by these Terms & Conditions and all outstanding orders, and provided, that you or the assignee promptly notifies us of the assignment.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, and our affiliates, and their respective directors, officers, employees, advisors, agents, and representatives (each, an “Indemnified Party”) from and against any and all third party claims, losses, damages, liabilities, awards, costs and expenses (including reasonable attorneys’ fees) resulting from or related to: (a) your breach of any provision applicable to you under this or any other agreement between us; (b) personal injury or death caused by negligent or willful acts or omissions of you or your employees, contractors or other personnel. Unless otherwise agreed in writing by the parties, you will have sole control of the defense of the claim and all related settlement negotiations with counsel reasonably acceptable to Turn5; provided, however, that you will not enter into any settlement or compromise that adversely affects any rights of or imposes any obligation or liability on any Indemnified Party without the Indemnified Party’s prior written consent. Notwithstanding the foregoing, Turn5 may participate in such defense through its own counsel at its own expense.

Click here to acknowledge that you have read and agree to the Terms & Conditions*

INTELLECTUAL PROPERTY

As between you and Turn5, you agree that we own all rights, title, licenses, and interest, and all goodwill associated therewith, all patents, trademarks or service marks, logos and designs, and other intellectual property contained in the products sold and the branding around them. You are granted a revocable license to use our brand logos in your advertising and product pages, however, you are PROHIBITED from using our product page copy or our photographs in advertising the products.

Click here to acknowledge that you have read and agree to the Intellectual Property provision**

DEALER AGREEMENT

I certify that the above application and all submitted information is truthful and correct to the best of my knowledge. Additionally, I understand that some products sold by Turn5, Inc. (Turn5) are designated for and limited to competition/off-road use only. Any other use, including recreational racing and off-road use may be in violation of local, state, and federal laws. Turn5 does not implicitly or explicitly confirm the legality of using any product it sells on public roads, that is the entire responsibility of the dealer and its customers.

Click here to acknowledge that you have read and agree to the Dealer Agreement provision**

CUSTOMER AGREEMENT: I certify that the above application and all submitted information is truthful and correct to the best of my knowledge. Additionally, I understand that some products sold by Turn5, Inc. (Turn5) are designated for and limited to competition/off-road use only. Any other use, including recreational racing and off-road use may be in violation of local, state, and federal laws. Turn5, Inc. (Turn5) does not implicitly or explicitly confirm the legality of using any product it sells on public roads, that is the entire responsibility of the consumer.

Click here to acknowledge that you have read and agree to the Customer Agreement*

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