Auto Truck Group
Effective date: July 20, 2020
EFFECTIVE: JULY 20, 2020
At Auto Truck, We have built a strong brand and reputation for Our work truck upfitting services. We seek to treat all of our customers as long-term business partners, providing best-in-class upfitting with the most efficient and effective methods in the industry. These Terms clarify the terms of Our relationship with You. Auto Truck’s acceptance of any order is expressly limited to Your acceptance of these terms. Auto Truck objects to any different or additional terms. If You are a party to a definitive written upfitting contract (“Definitive Contract”) duly executed by You and authorized representatives of Auto Truck, then Your Definitive Contract governs. In these Terms, when We refer to “You” or “Your,” We mean the legal entity which houses Your business.
Your purchase of vehicles and upfit services (including equipment and components) from Us, and Your submission of orders for upfit service is Your acceptance of these Terms as binding. We may from time to time modify these Terms without prior notice to You. You will need to regularly review these Terms on Our website for modification. When these Terms are modified, the effective date shall be updated to the effective date of the modification.
- Your Order. We thank You for Your Order, which is not cancellable (in whole or in part) by You at any time later than 5 business days after the date on which We receive your Order, as shown by the electronic delivery time stamp in Our system, or other means. If You cancel Your Order after such 5 days, then You are responsible to pay for any equipment or materials We have ordered to fulfill Your Order. We reserve the right, at Our sole discretion, to return any ordered materials or equipment, and if We return such equipment or materials, You will be responsible for all restocking fees, administrative charges and storage fees.
- Payment Terms. We will invoice You for Your Order. Invoiced amounts include sales and other taxes, and any other governmental charges, excluding taxes on Our income. Invoiced amounts also include shipping and freight. Our invoices are due for payment in full within 30 days after the invoice date. Amounts not paid when due, bear interest from the due date at 1/2% per month.
- Shipment and Delivery. We will arrange for shipment and if requested, We will engage Your designated carrier(s). We will ship to Your designated receiving point, and prices are FOB Our location, with risk of loss passing to You at time of pickup by Carrier.
- Inspection and Acceptance of Goods. You will inspect the vehicles at delivery to Your receiving point, and You are deemed to have accepted the vehicles unless You notify Us to the contrary within 15 days after delivery. If You do notify Us, then We shall determine, in Our sole discretion, whether to repair the vehicle(s). If We choose to repair the vehicle(s), then We will either dispatch technicians to Your location(s) or direct You to transport the Vehicle(s) to a repair location designated by Us. Repairs due to our negligence will be at Our expense. Transportation charges and all other repairs will be Your expense. Repair is Your exclusive remedy for rejected Vehicles.
- Rights. If You fail to pay or otherwise breach these Terms, then We may suspend work on your order(s), without penalty, liability or obligation, and pursue all remedies available, including restocking fees and storage fees.
- Confidential Information. We will not disclose Your non-public confidential information which is marked on its face as confidential or in an accompanying writing. We may present ideas and concepts in performing Our work, and We retain all right to use those ideas and concepts, and other know-how, in Our business. If You disclose Your confidential information to others, We do not have protect its confidentiality.
- Compliance with Laws. Both You and We will comply with all applicable laws.
- Warranty. Our Warranty to You is limited to Our Warranty as published on our website. ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING ANY WARRANTIES OF: (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; (iii) TITLE; OR (iv) NON-INFRINGEMENT. Any indemnification or other liability We might owe is limited to claims of death, bodily injury or property damage caused solely by Our negligence.
- Limitation of Liability. NEITHER OF US IS LIABLE TO THE OTHER FOR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.
- Notices. Any notice required or permitted under these Terms to Us shall be in a writing, signed by the notifying party and delivered by hand or recognized overnight courier, or mailed by US mail, postage prepaid, registered or certified, return receipt requested, addressed to Us at Our address at 1420 Brewster Creek Boulevard, Bartlett, IL 60103. Notice is given when received as evidenced by the delivery receipt or if receipt is refused, the first date receipt is refused as evidenced by the delivery receipt. Notice to You shall be at Your address of record on Your most recent order.
- Severability. If any of these Terms is unenforceable in any jurisdiction, such unenforceability shall not affect the rest of these Terms. On a determination that any term is unenforceable, the court may modify these Terms to give effect to the original intent of the parties.
- Choice of Law and Venue. These Terms are governed by New Jersey law, without regard to its conflict of laws rules, and the UN Convention on the International Sale of Goods is excluded. Any litigation under these Terms shall be commenced and maintained in US District Court, District of New Jersey, sitting in Camden, New Jersey, or if jurisdiction is lacking, in New Jersey state court, sitting in Burlington County, New Jersey. Each party waives the right to trial by jury.
- Force Majeure. No party shall be liable to the other party, nor be deemed to have defaulted under these Terms for any failure or delay in performing any of these Terms (except for obligations to make payments), when and to the extent the failure or delay is caused by or results from acts beyond the impacted party’s reasonable control (which events may include natural disasters, hail, floods, or other weather events, epidemics, pandemics and other public health threats, embargoes, explosions, riots, wars or acts of invasion or terrorism, requirements of law, national or regional emergency, strikes, labor stoppages or slowdowns, or shortage of adequate power or transportation) (each, a “Force Majeure Event”). A party shall give the other party prompt written notice of any event or circumstance that is reasonably likely to result in a Force Majeure Event, and the anticipated duration of such Event. An affected party shall use all diligent efforts to end the Force Majeure Event, ensure that the effects of such Event are minimized, and resume full performance under these Terms.