Standard Terms and Conditions for Built to Order Trailers
Applicability : The Build Sheet, the Invoice, these Standard Terms and Conditions, and the JIMGLO TRAILERS Limited Warranty comprise (together “Terms”) the entire agreement between the Customer (“Customer” or “You” or “Your”) and Seller, JIM-GLO TRAILERS, LLC d/b/a JIMGLO TRAILERS (“JIMGLO TRAILERS”). These Terms supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, between the parties. Payment of the purchase price of the trailer (“Goods”) constitutes your acceptance of these Terms. These Terms can only be amended if agreed to in writing by both you and JIMGLO TRAILERS.
Price : Customer shall buy the Goods from JIMGLO TRAILERS at the price set forth in U.S. dollars on the Build Sheet. The prices do not include license fees, delivery, shipping, sales, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by Purchaser. Purchaser shall be responsible for all such charges, costs and taxes. Any sales taxes due outside of Arizona are the Customer’s responsibility.
Payment : Unless otherwise agreed to in writing, Purchaser is required to pay fifty percent (50%) of the Purchase Price of the Goods at the time the Goods are ordered (“Deposit”). If you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use the information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If payment is made by credit card, you agree to pay a three percent (3.5%) credit card processing fee (“Processing Fee”).
Cancellation/ Deposit Only Partially Refundable : You acknowledge that the Goods are one-of-a kind built to order specialty trailers and are not inventoried items. If you decide to cancel your order at any time prior to Delivery, JIMGLO TRAILERS has the right but not the obligation to attempt to sell the Goods. The proceeds from the sale of the trailer will be returned to you less twenty five percent (25%) of the Purchase Price (“Non Refundable Deposit”) and any costs JIMGLO Trailers incurs in advertising and selling the Goods. If JIMGLO Trailers opts not the sell the Goods or the Goods are unable to be sold, you will still forfeit the Non-Refundable Deposit. The Non-Refundable Deposit will be retained by JIMGLO TRAILERS as liquidated damages to offset its costs in designing the Goods, purchasing raw materials and its labor. Customer specifically acknowledges that the Non-Refundable Deposit is reasonable and that JIMGLO Trailers would not otherwise be able to calculate its damages if the Goods are cancelled prior to Delivery.
Delivery : Unless otherwise agreed to in writing, JIMGLO TRAILERS will deliver the Goods to the Purchaser at JIMGLO TRAILERS’s place of business or a Third Party Shipper (“Delivery Point”). If the Delivery Point is JIMGLO TRAILERS’s place of business, JIMGLO TRAILERS agrees to provide assistance and labor reasonably suited for receipt of the Goods at such Delivery Point, but Buyer shall be responsible for providing the vehicle necessary to pick up the Goods from the Delivery Point.
Materials and Products Subject to Change : JIMGLO TRAILERS may change or substitute in its sole discretion any materials or products specified on the Build Sheet prior to Delivery.
Right to Inspect : Buyer must inspect the Goods prior to taking the Goods. Failure to inspect the Goods will constitute a waiver of Buyer’s warranties, if any. Customer must notify JIMGLO TRAILERS of any nonconformities or defects in materials and workmanship within fifteen (15) days of delivery.
Estimated Delivery : The Delivery Date on the Build Sheet is an estimate only. JIMGLO TRAILERS is not responsible for and shall not be liable in any way for any delay, non-delivery, or default in shipment due to forces beyond its control including, but not limited to, labor disputes, transportation shortages, delays in receipt of material, priorities, fires, and accidents.
Title and Risk of Loss : Title and risk of loss passes to Buyer upon payment in full or Delivery of Goods, whichever occurs first. The Purchaser will provide at its own expense insurance on the Goods, insuring JIMGLO TRAILERS’s and Purchaser’s interest as they appear, if after payment in full of the Goods, the Goods remain in JIMGLO Trailers’ possession longer than 7 days.
Warranties : Other than the Limited Warranty you receive on Delivery, THE GOODS ARE SOLD ‘AS IS’ AND JIMGLO TRAILERS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Remedies : Other than the Remedies set forth in the Limited Warranty, JIMGLO TRAILERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, INCLUDING LOST PROFITS, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE GOODS, THE TERMS, OR JIMGLO TRAILERS’S ACTS OR OMISSIONS. ANY RECOVERY BY YOU IS SPECIFICALLY CAPPED AT THE PRICE PAID FOR THE GOODS.
Indemnity . You shall indemnify JIMGLO TRAILERS AND its members affiliates, directors, officers, agents, servants, employees, successors and assigns against, and hold them harmless from and against, any and all claims, demands, actions, causes of action, suits, liabilities, losses, damages, judgments, settlements and compromises for bodily injury, death, property damage, or economic loss, as well as any and all costs and expenses relating thereto, including reasonable attorneys fees, relating to, resulting from or arising acts or omissions of Buyer relating to or arising out of the use, operation, ownership or condition of the Goods purchased by Purchaser (except as expressly warranted in Section 7 herein) or the breach or non-performance of Purchaser’s obligations under these Terms and Conditions.
Mediation Required : You must first attempt to informally resolve any dispute between you and JIMGLO TRAILERS arising out of or related to the Goods or these Terms (including the Limited Warranty). If the parties cannot reach an informal resolution to such a dispute within thirty (30) days, then the dispute will be subject to mandatory mediation within sixty (60) days before a mediator agreed to by both parties. The mediation will be held in Phoenix, Arizona and the cost will be split equally by both parties.
General Provisions: If a Court, tribunal, or administrative body finds any part of these Terms in whole or in part illegal, invalid, void, voidable, unenforceable, or unreasonable then such portion shall be deemed severable and the remaining provisions of the Terms will continue in full force and effect. Failure or delay by JIMGLO TRAILERS in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any rights under the Contract. The Build Sheet, Invoice and these Terms and Conditions, constitute the entire agreement between You and JIMGLO TRAILERS concerning the Goods.
Governing Law and Venue : Arizona law governs this Agreement. If mediation fails the parties submit to the jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona and stipulate that such forum is convenient.
