TERMS AND CONDITIONS OF SALE
- PRICES: Prices for the Company’s products (“Products”) are subject to change without prior notice. Unless otherwise designated in the order, the Customer agrees to pay the established prices in effect on the date of shipment, or if the shipment is made from a third party other than the Company, the established prices on the date of delivery. Prices are F.O.B. shipping point unless otherwise stated in the order. The customer designated on the order (“Customer”) agrees to pay the amount of any sales use or similar tax and any import-export or similar charges imposed by any government authority in connection with the order.
- PAYMENT TERMS: All invoices (other than on-line orders) are due and payable in U.S. dollars, net thirty (30) days following the date of the invoice unless otherwise agreed to in writing between the Customer and the Company. On-line orders require payment at the time the purchase order is accepted by the Company. All sales are final upon acceptance. All amounts owing to the Company (including dishonored checks) in excess of 30 days past due shall bear interest at eighteen percent (18%) per annum. If default is made in the payment of any sums due to the Company, the Customer agrees to pay all necessary and reasonable attorneys’ fees, court costs, and other expenses incurred by the Company which are necessary and reasonable for collection of the sums due to the Company.
- PRODUCTION: Production of all items will be at times and in lots and quantities most convenient to the manufacturing process, with shipments to be as noted on the purchase order.
- DELIVERY: The Company shall not be responsible for any delay or failure to make delivery which is occasioned by causes beyond its control, including but not limited to fires, floods, strikes, labor disputes, accident, embargoes, delays or interruptions of transportation, material or labor shortages, failure to obtain delivery from manufacturers or subcontractors, or by any ruling, regulation or law of any governmental bureau or agency. Delays so caused shall not release the Customer from his obligation to accept and pay for Products. The Company’s responsibility for loss, destruction or damage of the Products ceases upon delivery of the merchandise to the carrier or to the Customer.
- CREDIT: All sales, unless for cash in advance or C.O.D. are subject to approval by the credit department of the Company. If the credit of the Customer becomes unsatisfactory in the opinion of the credit department of the Company prior to delivery of the Products covered by the order, the Company may defer delivery until cash payment is received by the Company, or, at its option, may cancel the order.
- LIMITED WARRANTIES:
(a) Products Manufactured by Company – The Company warrants that the hunting and utility vehicle products, components and accessories originally manufactured by the Company shall be free of defects in workmanship and materials, under normal use and service, for a period of six (6) months from date of delivery.
(b) Services Provided by Company – The Company warrants that repair, refurbishment and installation work performed by the Company and/or its authorized agents shall be free of defects arising from workmanship and/or materials for a period of ninety (90) days from the date of completion of service.
(c) Products Manufactured by Third Parties – The Company does not warrant Products manufactured by third parties, whether sold as separate items or incorporated into a Product sold by the Company. The Customer agrees to rely solely upon warranties of these items provided by the original manufacturer. A copy of the warranty given by each manufacturer will either be furnished to the Customer or will be available to the Customer upon written request to the Company.
THE PRODUCTS OF EACH MANUFACTURER WHOSE PRODUCTS ARE RESOLD BY THE COMPANY ARE SOLD UNDER A LIMITED WARRANTY. NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS PROVIDED. THESE MANUFACTURERS’ WARRANTIES LIMIT THE CUSTOMER’S REMEDIES TO REPAIR OR REPLACEMENT AND PROVIDE THAT THE MANUFACTURER SHALL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES.
(e) Agreement to Limit Warranties and Remedies on Resale – The Customer agrees that in the event of any resale of Products purchased from the Company, the seller will make such sale expressly subject to the limited warranties and remedies stated herein. The Customer agrees to indemnify and hold harmless the Company from any claim, loss, or damage, including attorney’s fees and expenses, resulting from a breach of the agreement contained in this paragraph.
(f) All used Products are sold by the Company without warranties, express or implied, and in “AS IS” condition.
(g) Products Manufactured to Customer’s Specifications – Items to be manufactured in accordance with the Customer’s plans and/or specifications will be manufactured as required by generally accepted manufacturing practices. The Customer shall be responsible for the design, plans, and specifications of the Products purchased; and the Customer agrees to indemnify and hold harmless the Company from any claims, loss or damage, including attorney’s fees and expenses, resulting from any claim for damages concerning or relating to the design or design defects associated with such Products, and from any claims or damages that such design infringes on the rights of any third party.
WARNING: The limited warranties contained herein shall terminate immediately in the event any unauthorized alterations or repairs are made to the Products or if the Products are used in a manner inconsistent with their intended use or beyond the designed specifications of such Products. Further, the Company shall not be liable for any costs relating to instances including, but not limited to:
– Repair costs as a result of abuse, willful damage, accident, neglect, or failure to follow the specified storage, product preservation, preventative maintenance program or operating instructions.
– Any repairs or improvements performed on Products without the approval from the Company during the applicable warranty periods specified herein.
– Shipping damage: If Products are damaged during transit, such claims must be made with freight carrier. All Products should be inspected by Customer upon delivery, and Customer agrees to notify the Company within 48 hours of receipt of any non-conforming Products. Failure to report patent and obvious defects in the Products upon delivery will void the limited warranties herein.
COMPANY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARDS TO THE PRODUCTS MANUFACTURED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE.
- LIMITATON OF REMEDIES: In the event of any Product manufactured by the Company malfunctions under normal use and service because of defects in the Company’s workmanship or materials, the Company agrees for a period of six (6) months from the date of delivery to either repair or replace the Product. The Customer agrees, in consideration of the prices stated by the Company, that the remedies stated herein exclude all other remedies. Repair or replacement shall be at the sole option of the Company. All warranty repairs must be performed at an authorized Company facility or at a third party location pre-approved by the Company prior to the commencement of any repairs. The Customer must promptly notify the Company in writing of any claimed defect in workmanship or material as a condition to any remedy provided for herein, and the Company must be afforded a reasonable opportunity to examine the Product and to investigate the claimed defect; otherwise, the Company shall not be required to replace or repair the Product. If the Product has been in use for a period in excess of thirty (30) days from the date of original delivery, the Customer agrees that the Company has the right to make a reasonable depreciation charge for such use. The Customer will pay any transportation charges incurred in connection with the replacement or repair of any Product.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE PAID BY THE CUSTOMER FOR THE PRODUCT OR SERVICE. THE COMPANY SHALL NOT, IN ANY EVENT, BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, IN CONNECTION WITH THE ORDER OR USE OF THE PRODUCT. Indirect or consequential damages include property damage, loss of income or profit, loss of use of the product, or any other loss or damage sustained which is in excess of the price paid by the Customer for the product or service.
THE ABOVE REMEDIES ARE IN LIEU OF, AND EXCLUDE, ALL OTHER REMEDIES OTHERWISE AVAILABLE TO CUSTOMER AT LAW OR IN EQUITY.
- RESPONSIBILITY FOR SAFE APPLICATION OF THE PRODUCTS: The Customer is responsible for the safe use of the Company’s Products. The Customer agrees to instruct and inform all persons installing, operating, or servicing the Company’s Products concerning the safe use of the Company’s Products, and to maintain all safety warning plates or labels on the Company’s Products in good condition to safeguard against injuries to persons or property. The Customer agrees to indemnify and hold harmless the Company for any claims, losses, or expenses, including reasonable attorney’s fees, incurred by the Company arising out of any injury to any person or damage to any property caused by the Customer’s breach of the agreements contained in this paragraph.
- CANCELLATION BY CUSTOMER: No Products may be returned for credit or replacement except on written approval by the Company. Orders placed with and accepted by the Company may not be canceled except with the Company’s prior written consent. If an order is canceled prior to scheduled delivery date, a restocking fee will be charged in accordance to the following schedule: <90 days = 25%, <60 days = 50%, <30 days = 75%.
- PLACE OF PAYMENT AND APPLICABLE LAW: The Customer agrees to pay all sums which may become due for an order, or which may otherwise be owed to the Company, at the principal office of the Company in Fort Worth, Tarrant County, Texas. All orders shall be governed by and construed in accordance with the laws of the State of Texas.
- FORBEARANCE – NO WAIVER: Forbearance or failure of the Company to enforce any of these conditions or to exercise any right accruing from any default of the Customer shall not affect or impair the Company’s rights nor the Customer’s obligations, should such default continue, or in case of any subsequent default of Customer, nor shall such forbearance or failure be deemed a waiver of the Company’s rights in case of other or future defaults of the Customer.
- THESE CONDITIONS CONTROL ALL ORDERS: These conditions shall supersede all other conditions and provisions, notwithstanding previous communications to the contrary and shall be deemed to be incorporated in full in every document exchanged between the Company and the Customer. Any additional terms and provisions are expressly rejected by the Company. In the event of a conflict between these terms and conditions and the provisions of any other document between the Company and the Customer, these written terms and conditions shall be controlling, unless otherwise agreed in writing and signed by both the Company and the Customer.