Mack Trucks Parts and Service Association Loyalty Reward Program is a loyalty program offered by Mack Trucks, Inc. (“Mack Trucks”) to its commercial Association customers (see program for list of Associations) who purchase a new MACK truck model listed by Mack Trucks, Inc. as eligible from a participating dealer during the period from January 1, 2020 to December 31, 2020 (the “Program”). These Terms and Conditions form the agreement between each commercial customer (“You” or “Your”) that participates in the Program, and Mack Trucks, Inc., and its affiliates and subsidiaries (the “Company”). You may contact the Company at Mack Trucks, 7825 National Service Road Greensboro, North America 27409 or Function.SalesPrograms@macktrucks.com. Please read the following carefully and retain for your records. By applying for, or by participating in, the Program, you are agreeing to these Terms and Conditions.
1. These Terms and Conditions benefit the Company and its Mack Trucks Parts and Service Loyalty Reward Card service provider, North American Transactions Services, a division of VFS US LLC in the United States and a division of VFS Canada Inc. in Canada (“Service Provider”).
2. Subject to the restrictions and exclusions set forth in Paragraphs 3 through 8, the Program is limited to commercial customers who (a) purchase a new MACK truck model listed by Mack Trucks, Inc. as eligible for commercial or business use and complete the warranty registration process during the period from January 1, 2020 to December 31, 2020; (b) accept delivery of said vehicle by December 31, 2020; and (c) complete and submit the Program Application Form no later than thirty days after warranty registration or January 31, 2021, whichever is earlier. A maximum of 5 MACK trucks per customer are eligible for this Program.
3. Used vehicles or vehicles purchased from Mack Trucks corporate Inventory are not eligible for this Program.
4. Vehicles purchased or leased from Mack Trucks Leasing are not eligible for this Program.
5. The identification of the customer purchasing the vehicle must match the customer’s name on the Bill of Sale, Purchase Order, customer invoice, and warranty registration.
6. You and the participating dealer from whom the eligible MACK truck model is purchased must apply to participate in the Program by completing and submitting the Application Form.
7. The Application Form must be submitted by the participating dealer or its authorized representative within 30 days of warranty registration.
8. Leasing Companies are excluded from the Program unless the leasing company presents legal documentation showing that the leasing company is a holding company solely owned and operated by you.
9. Upon satisfaction of all requirements set forth in Paragraphs 2 through 8, you will be issued a Mack Trucks Parts and Service Loyalty Reward Card (“Card”) within 6-8 weeks. The Card amount will be stated in the mailing that accompanies the Card, and the amount can be validated at any time by contacting a participating dealer or Service Provider.
10. The Card is exclusively for loyalty or promotional purposes. The Card shall be used solely for commercial purchases, and not for personal, family or household use, to purchase parts and service for the award recipient’s MACK trucks from MACK dealers that participate in the Program.
11. The Card must be presented to a participating dealer at time of purchase of parts or service and has no cash value. The Card is non-negotiable and is not intended to function as money or a monetary equivalent. Should the physical card be lost, amounts remaining on your Program account following notification of such loss to the Service Provider at the phone number or address below may continue to be redeemed in accordance with these Terms and Conditions.
12. The Company does not receive funds or monetary value in exchange for providing this card; it is issued solely to promote MACK customer retention of those who purchase a new MACK truck model listed as eligible by Mack Trucks, Inc. from independent, participating dealers under the terms and conditions set forth herein. The value of this Card cannot be increased by the reloading or addition of funds by you.
13. Application Forms will be accepted only by submission from participating dealers.
14. This Program does not provide a discount on the listed price of any goods or services, but instead provides the qualifying purchaser with the amount set forth on the Card for use toward purchases at participating dealers. Prices for parts and services are set by the independent participating dealer.
15. Dealer may not rebate cash to you from the Card.
16. Any credits or return reimbursements for parts or services purchased with the Card must be credited back to the Card rather than refunded as cash.
17. The Card is not a rebate and no portion of the Association Loyalty Reward may be applied to the purchase price of the initial MACK truck model listed as eligible by Mack Trucks, Inc.
18. The Card is not considered property, and neither the Card nor any portion thereof may be transferred, sold, bartered, purchased, devised, or assigned.
19. The Company and Service Provider hereby expressly disclaim all warranties either express or implied, including any implied warranty of merchantability or fitness for a particular purpose for all purchases made with the Card. The Company and Service Provider neither assume nor authorize any other person to assume for the Company or Service Provider any liability in connection with the purchase of items made with the Card.
20. A dispute with a dealership regarding the quality of any parts sold or services rendered does not constitute grounds for reversal of any charge to the Card. All disputes regarding quality of parts or services must be resolved with the dealership.
21. You may only use the Card when there is a balance (stored value) remaining on the Card and only up to the value amount left on the Card. For information or to check your balance call your selling dealer.
22. You are solely responsible for the payment of all sales, use, consumer, and other taxes arising out of or related to use of the Card or participation in the Program that is mandated by any applicable federal, state or provincial, and local laws, codes, ordinances, rules, and regulations, whether currently in effect, scheduled to go in effect, or subsequently enacted.
23. Any balance remaining on the Card after December 31, 2021 shall be forfeited.
24. Any fraudulent or unauthorized use of the Card is strictly prohibited and may result in termination or disqualification from the Program.
25. The Card is not a credit card, gift card, prepaid card or debit card.
26. You consent to the disclosure of your identity and your purchases to Service Provider, Company and its affiliates.
27. By participating in the Program, you agree to allow Company and Service Provider to communicate with you via mail, email, phone, and other channels. Company may also communicate via text or mobile device, but the Company or Service Provider shall not assume any charges of the communication. Company and Service Provider may use these channels to communicate account status, communicate program information or changes, and for other reasons. You may choose to opt out of all marketing communications and to receive only messages related to your account.
28. You agree that you will not assert against the Company or Service Provider any claim, defense, setoff, or counterclaim that you may have against any dealership, distributor, or manufacturer in connection with any purchase made through the use of the Card.
29. In all matters relating to the interpretation and application of any rule or phase of this program, the decision of Mack Trucks is final. The Company and Service Provider reserve the right to amend, change, or revoke the program at any time due to reasonable business considerations or circumstances beyond its control. The Program is available only where permitted by applicable law, is void where prohibited, and may not be available in all states or provinces. The Program is not offered in the provinces of Saskatchewan or Manitoba.
30. LIMITATION OF LIABILITY. COMPANY WILL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST USE, LOST PROFITS, LOST SAVINGS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE OR FOR CLAIMS MADE BY A THIRD PARTY. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY AND WHETHER THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
31. For participants of this Program that are residents of the United States, this agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of North Carolina, without regard to its conflict of laws rules. For participants of this Program that are residents of Canada, this agreement shall be governed by, construed, and enforced in accordance with the laws of the Canada and the province of Ontario, without regard to its conflict of laws rules.
32. If any of these terms or conditions are unenforceable, such term or condition will be limited only to the extent necessary to make it enforceable, and all other terms and conditions will remain in full force and effect.