Legal

POLICIES AND CONDITIONS OF SALE

Specification Changes  

Woodbine Manufacturing Company, Inc. reserves the right to make changes in manufacturing to comply with current or new engineering specification changes where applicable.

Installation Compliance & Procedures  

Before installing any liftgate, please observe the Vehicle Loading Limitations. These loading limitations are outlined in the Vehicle Owner’s Manual and the Safety Compliance Certification Label located on the driver’s door pillar.

Liftgate installers are to treat vehicles as incomplete and are therefore responsible for vehicle compliance with all local, state, and federal regulations, including but not limited to all lighting Regulations (see FMVSS 108) and all rearview visibility requirements (see FMVSS 111). Installers must also follow the procedures and specifications as detailed in Tommy Gate installation instructions, including ensuring the proper placement of all warning decals.

In view of the responsibility of altered-stage vehicle manufacturers to comply with FMVSS 111, Tommy Gate offers its “Camera and Sensor Bar” as a possible solution. However, it is the sole responsibility of the upfitter/final stage manufacturer to determine if the Tommy Gate Camera and Sensor Bar meets FMVSS 111 and/or any other applicable vehicle certification - and it is not the responsibility of Tommy Gate/Woodbine.  Any information made available by Tommy Gate regarding its Camera and Sensor Bar is not intended to be, and shall not be, relied upon as a final determination of compliance with FMVSS 111 and/or any other vehicle certification. Each distributor must, on its own, make each such required determination for each vehicle it offers to a customer. 

Warning  

Tommy Gate liftgates are industrial products FOR MATERIAL HANDLING ONLY and are not to be used as a personnel or wheelchair lift. For safe handling and operating instructions, visit www.tommygate.com

Tommy Gate Liftgate Standard Warranty  

Tommy Gate G2 Series, Tuckunder Series, High-Cycle Railgates Series, and Cantilever Series liftgates have a two (2) year limited warranty from the date of user purchase against faulty material and workmanship. Tommy Gate Original Series, 650 Series, and standard Railgate Series liftgates have a one (1) year limited warranty from date of purchase. Pump and motor units have a two (2) year limited warranty. Normal usage requirements apply. All affected parts must be returned to the factory prepaid, with full credit issued for those found to be defective. Warranty replacement parts will be shipped from the factory prepaid. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, EXTENDING BEYOND THAT SET FOR THE ABOVE.

Warranty Limitations, Limitations on  Woodbine’s Liability and Indemnification  

The modification of any Tommy Gate product in any manner not approved by Woodbine Manufacturing Company, Inc. immediately voids all warranties. Woodbine Manufacturing Company, Inc. shall not be held responsible for any damage resulting from the use of a modified Tommy Gate product, or one that was not properly maintained. The maximum liability of Woodbine Manufacturing Company, Inc. resulting from anything it did or did not do with respect to a Tommy Gate product shall be the price paid for that Tommy Gate product. Woodbine Manufacturing Company, Inc. will not be responsible for any loss of profits, goodwill, business opportunity or consequential damages. Recipients accepting shipments of any Tommy Gate product agree to indemnify, defend, protect, and hold Woodbine Manufacturing Company, Inc. harmless from and against any and all loses, damages claims or expenses of whatever form or nature, including attorneys’ fees and other costs of defense that Woodbine Manufacturing Company, Inc. may incur in connection with any acts or omissions related to the use or misuse of a Tommy Gate product and/or the unauthorized modification of a Tommy Gate Product.

 

WEBSITE TERMS AND CONDITIONS OF USE

General

This website and its contents are provided by Woodbine Manufacturing Company and TOMMY GATE. References to “Site” as used in these Terms and Conditions of Use includes our digital properties and applications on third-party social-networking services, as well as our websites and applications on mobile devices. Access to and use of this Site and the services available at this Site are subject to these Terms and Conditions of Use (the "Terms"). By accessing or using the Site or downloading any materials from the Site, you warrant that you are 18 years of age or older and agree to these Terms. If you do not agree to the Terms, you must immediately log off the Site and may not use the Site.

Links to other Websites or Mobile Applications

This Site may contain links to other websites or mobile applications. Additionally, other websites or mobile applications may contain links to this Site. Tommy Gate does not review or monitor the websites or mobile applications linked to this Site and is not responsible for their contents, terms of use, or privacy policies. Any link established by Tommy Gate does not in any respect whatsoever constitute an endorsement of the other websites or mobile applications or create a relationship between Tommy Gate and the operators of such sites or applications. Tommy Gate disclaims any liability with respect to your use of any other website or mobile application, and you release Tommy Gate from any liability related to your use of any link to or use of another website or mobile application. Where this Site contains a link to another site owned and/or operated by Tommy Gate, such use may be subject to different and/or additional terms of use and privacy policies.

Ownership or Intellectual Property, Limitations on Use

All content, data, and materials contained on this Site, together with all related rights with respect to registered and unregistered copyrights, registered and unregistered trademarks or service marks, patents, trade secrets, and all other proprietary rights are exclusively owned or licensed by Tommy Gate. All of the foregoing are protected under the laws of the state in which the division resides, the United States, foreign jurisdictions, and/or international treaties. 

This Site and all related proprietary rights shall remain the exclusive property of Tommy Gate or the applicable licensors of content, data, or materials. Unless you have received our prior written permission, you are only permitted to download or print one copy of material published on this Site solely for your personal, non-commercial use, provided that you do not modify the materials or remove or obscure any proprietary notices contained in the materials. Except as specified in the preceding sentence, you may not reproduce, distribute, modify, display, perform or prepare derivative works based on, adapt, re-post, or otherwise use this Site or the content, data, and materials contained on this Site. Use of this Site does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of the proprietary rights related to this Site.


Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOTHING IN THESE TERMS OR IN ANY DESCRIPTION OF PRODUCTS OR SERVICES ON THE SITE SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS OR SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK. TOMMY GATE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (I) THE SITE WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED MANNER; (II) THE SITE AND THE ONLINE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE SITE WILL SATISFY THE CUSTOMER’S REQUIREMENTS; (IV) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (V) TOMMY GATE WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VI) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED. TOMMY GATE DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE WILL SATISFY, OR ENABLE YOU TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, OR OTHER ORGANIZATION. NOTHING IN THESE TERMS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE. TOMMY GATE MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. TOMMY GATE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, AVAILABILITY, TEXT, OR PHOTOGRAPHY. TOMMY GATE MAKES NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS OR SERVICES ADVERTISED OR OFFERED ON THIS SITE WILL BE AVAILABLE AT ALL TIMES, OR THAT THEY WILL BE AVAILABLE ON THE BASIS OF ANY INDICATED TERMS OR CONDITIONS.

IN NO EVENT SHALL TOMMY GATE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall Tommy Gate’s aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).

Prohibited Activities and Visitor Obligations

As a visitor to this Site you shall not:

  1. violate any applicable local, state, national or international statute, regulation, or law;
  2. engage in any activities or manipulate identifying material to misrepresent the origin of content;
  3. interfere with or otherwise limit the use of this Site by other users;
  4. collect, compile, or store personal information about other users of this Site;
  5. interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
  6. access or attempt to access any portion of this Site except in the manner prescribed by Tommy Gate;
  7. disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites; or
  8. use this Site for commercial purposes, unless such use is expressly granted to you.

Indemnification

You agree to indemnify, defend, and hold harmless Tommy Gate and its successors and assigns from and against and in respect of any and all third-party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms, or your breach of any of your representations or warranties made under these Terms.

Changes to Terms

These Terms may be changed without notice. You expressly waive any right to receive notice of any changes to these Terms. Any use of this Site following the date on which changes to these Terms or the Privacy Policy are published shall constitute your acceptance of all such changes. You should review these Terms often to determine whether any changes have been made.

Continued Operation, Accessibility and Maintenance of this Site

Tommy Gate may modify, change, suspend, terminate, or discontinue the operation of this Site or the provision of any products or services without notice, and reserves the right to refuse service to anyone at any time, with or without cause.

General Provisions

Any failure by Tommy Gate to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce same. These Terms shall be governed by the laws of the State of Arizona in the United States, without regard to its choice of law principles or rules. For the purpose of resolving conflicts relating to or arising out of these Terms, or arising out of any other dispute or claim associated with the Site, venue shall be in the State of Arizona only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in Maricopa County in the State of Arizona. If any portion of these Terms are held to be invalid, such holding shall not invalidate the other provisions of these Terms.

Contact

For questions related to these Terms, email Tommy Gate at info@tommygate.com, or send a letter to:

Tommy Gate
33717 North Scottsdale Road, Suite 120
Scottsdale, AZ    85266
Attention: Legal Department

© Woodbine Manufacturing Company 2017 - All Rights Reserved