ORDERS – All orders are subject to acceptance by an officer or general sales manager of Heil Trailer International, Co. Orders for products not regularly carried in stock or requiring special engineering or manufacture are in every case subject to approval by an officer of Heil Trailer International, Co.
PERFORMANCE – Heil Trailer International, Co shall not be liable for damages of any kind whatsoever arising from failure to complete the contract in accordance with its terms if such changes are due to wars, strikes, fires, floods, accidents, delays in transportation and other acts of force majeure or other causes beyond its reasonable control.
EXPERIMENTAL WORK – Work performed at customer’s request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates.
SKETCHES, ENGINEERING DRAWINGS, MODELS and preparatory work created or furnished by Heil Trailer International, Co shall remain its exclusive property; and no use of same shall be made, nor may ideas obtained there from be used or disclosed to anyone except with the written consent of and on terms acceptable to Heil Trailer International, Co.
CANCELLATION – After acceptance, orders cannot be cancelled except upon terms that will compensate Heil Trailer International, Co fully for all loss or damage sustained.
SHIPMENT – All shipments will be made after completion of manufacture unless otherwise agreed to in writing. In the event that agreement is reached for Heil Trailer International, Co to store completed items, the customer will still be invoiced immediately upon completion of manufacture, and such invoice shall be due and payable according to the terms of this order. Storage shall be at the risk of the customer and Heil Trailer International, Co shall be liable only for the ordinary care of the property.
CUSTOMER’S PROPERTY – Heil Trailer International, Co shall charge the customer at current rates for handling and storing customer’s property (e.g. truck chassis) held for more than thirty days. All customer’s property or third party’s property that is stored by Heil Trailer International, Co is at customer’s or other party’s risk. Heil Trailer International, Co shall be liable only for ordinary care of the property and will not be liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any cause beyond its reasonable control.
PRICES – All orders are subject to current prices in effect at the time of shipment.
F.O.B. POINT – Unless otherwise stated; all prices listed are F.O.B. point of manufacture.
TAXES – Unless specifically stated, prices listed do not include Federal, State, City or other excise, occupation, sales use or similar taxes which are extra and are to be added at rates in effect at time of shipment. If Federal Excise Taxes are included or listed on the reverse side of this paper, they are stated at the rates and regulations in effect at the time this order is written, and are subject to revision in accordance with rates and regulations in effect at time of shipment.
PRODUCT IMPROVEMENT – Heil Trailer International, Co reserves the right to change manufacturing specifications and procedures in accordance with its product improvement policy.
MOUNTING PRICES – Mounting prices assume normal factory installation on a truck chassis suitable for the unit purchase. Relocation of batteries, gas tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate.
WARRANTY – Heil Trailer International, Co warrants its trailer equipment to be free from defects in material and workmanship under normal use, when proper service and maintenance as described in its Service Bulletins and Operation Manuals are performed, for a period of twelve (12) months from the date when these products are delivered to the first purchaser. This warranty is expressly limited to the repair or replacement of any component or part thereof, of any such unit manufactured by Heil Trailer International, Co that is proven to Heil’s satisfaction to have been defective in material or workmanship. Such components or parts thereof shall be repaired or replaced without cost to the first purchaser for parts and labor provided such unit is returned for such repair or replacement to an authorized Heil Distributor, or such other place as many be designated by Heil, within twelve (12) months from the date on which the unit was delivered to such first purchaser. Heil Trailer International, Co neither warrants, nor does it accept liability for products manufactured by others and installed by Heil. Purchaser and/or end user must pursue all claims of any nature whatsoever, including warranties with the manufacture or said product. We make no other warranty, expressed or implied, and make no warranty of merchantability or of fitness for any particular purpose. Heil Trailer International, Co does not assume any other liability of any nature whatsoever, including but not limited to, any direct or indirect or consequential loss, transportation charges, loss of profits, damages or delays. Any improper use, operation beyond rated capacity, substitution of parts not approved by us, or any alteration or repair by others in such manner as in our judgment affects the product materially and adversely, shall void this warranty. Other than extension of the warranty period under Heil’s Extended Warranty Program, no employee or representative is authorized to change this warranty in any way or grant any other warranty. Heil Trailer International, Co warrants that this trailer is manufactured in accordance with the specifications on the order. Heil Trailer International, Co does not warranty this piece of equipment for use in hauling any specific product. Heil Trailer International, Co accepts no responsibility for damage to the equipment, or for cargo losses, due to an adverse effect on the equipment caused by the incompatibility of the product being hauled in the trailer. Where tanks are prepared for lining, all agreements that concern the tank barrel lining will be the responsibility of the customer and the lining company. In this connection, Heil Trailer International, Co makes no warranty of products, including lining manufactured and/or installed by others. The same being subject to warranties , if any, of their respective manufacturers or installers. The customer shall bear the risk for damage either at or in transit to or from the lining company. In those instances where the lining application is performed by a Heil Trailer International, Co facility, no warranty will be provided to the installation or application of those lining materials. Heil Trailer International, Co does not assume any liability for interior cleanliness and finish requirements of trailers due to different operations and circumstances. As such, Heil Trailer International, Co does not certify that trailers are ready to be placed in service for product upon delivery. The trailer must be inspected, cleaned, washed and otherwise prepared for its intended service by the user to the requirements of the customer prior to placing into service. The above warranty supersedes and is in lieu of all other warranties expressed or implied.
This agreement shall be construed according to the laws of the State of Tennessee. Our failure at anytime to exercise any right we may have under this agreement shall not constitute a waiver thereof nor prejudice our right to enforce same thereafter.
This order, including the above terms and conditions, contains the complete and final agreement between the parties hereto and no other agreement in any way modifying any of said terms and conditions will be binding on us unless in writing and agreed to by an authorized representative of this company.