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By
using our web site or otherwise doing business with Seller (as defined
below), you agree that all transactions shall be governed by these terms
of service.
Any
Sale
shall be entered into between the
Customer (“Purchaser”) and Internet Trailer Sales LLC.Purchaser agrees to
purchase, and Seller agrees to sell the trailer(s) or parts described in
the written confirmation of your order. This written confirmation
(“Confirmation”) at Seller’s option, may be sent by email, facsimile
transmission or by postal service. The trailer or (and/or parts order if
applicable) shall be equipped with the options and specifications set out
in the Confirmation. For dealer registration purposes, for all sales by
Internet Trailer Sales, the actual sale contract shall be deemed to be
consummated in the state and county from which the trailer was picked
up.
Deposit
All
trailer deposits for custom trailersare
non-refundable. Once an order is placed, by us, on your behalf, we are
committed to Haulmark for the
purchase of that trailer. When you cancel an order of a trailer, the
factory may require us to purchase that trailer and arrange for delivery
to one of our stores. To protect us from freight and other expenses,
deposits are non refundable after the trailer order has been placed with
the factory. As the amount of our damages as a result of a cancelled order
are difficult to estimate, the deposit shall be considered liquidated
damages to us. Unless other
arrangements are made, and placed in writing at the time of your order,
for in stock units, deposits are fully refundable for 5 days. After the 5th day, we will place
the trailer back in the available to sell inventory, and your deposit will
be forfeited.
Delivery
We
attempt to deliver all trailers by the date specified. We place the order
promptly with the factory, and generally the factory is accurate with
delivery times. Sometimes though, the factory may encounter a production
delay for a variety of reasons. If the delivery date is absolutely
essential to you, please discuss this with your salesman upon ordering,
and we will make all reasonable efforts to monitor your trailer
manufacture, and to also inform the factory of your production delivery
timeframe, to ensure they know of these circumstances.
All
sales are subject to the attached terms of service.
Warranties Seller is dealer
for products manufactured by other companies. We sell trailers and trailer
parts manufactured by the leading manufacturers in the trailer and trailer
parts industry, each of whom offers some of the best and most complete
warranties in the industry. However the warranties are those of the
manufacturer only and those terms are covered by that warranty. Other than
the terms of the manufacturer’s warranty, products are sold WITHOUT ANY
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER
NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR CONSEQUENTIAL INCIDENTAL OR
OTHER DAMAGES AND SELLER’S LIABILITY SHALL BE LIMITED TO THE LESSER OF THE
COST OF REPAIR OF ANY DEFECT/DISCREPANCY IN ORDER OR THE COST OF THE
ITEM(S) NOT MANUFACTURED OR WORKING IN ACCORDANCE WITH THE SPECIFICATIONS
AND TERMS OF THE ORDER.
Miscellaneous In the unlikely
event of a dispute, Purchaser and Seller agree to binding simple
arbitration with the American Arbitration Association. The arbitration
results shall be enforceable. All change orders to your trailer must be
confirmed by us in writing. Your trailer will be equipped with the options
in the written contract and Haulmark specifications. This protects us both
from any confusion. That’s it.
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