You have solicited a repair order from the Seller, (North American Truck & Trailer, Inc., one or more of its subsidiaries, partners, or affiliates). All Repair Orders are subject to the following terms, limitations, and conditions, which you agree to follow.
No Warranties of any kind from Seller. ANY WARRANTIES ON THE PRODUCTS SOLD HEREBY ARE THOSE MADE BY THE MANUFACTURER, IF ANY. THE SELLER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF SAID PRODUCTS AND SERVICES.
Goods produced with Fair Labor. WE HEREBY CERTIFY THAT THESE GOODS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7, AND 12 OF THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED, AND OF ALL REGULATIONS AND ORDERS OF THE ADMINISTRATOR OF WAGE AND HOUR DIVISION ISSUED UNDER SECTION 14 THEREOF.
Disputes venued in Circuit Court in Sioux Falls, South Dakota, and governed by South Dakota Law. THE CUSTOMER AND SELLER AGREE THAT ANY DISPUTE ARISING HEREUNDER SHALL BE VENUED IN THE COUNTY OF MINNEHAHA, STATE OF SOUTH DAKOTA, CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT, AND THAT THIS DOCUMENT MAY BE PLED AS A BAR TO ANY SUIT OR PROCEEDING BROUGHT IN ANOTHER JURISDICTION OR ANY OTHER COURT OR TRIBUNAL. IN ADDITION, SOUTH DAKOTA LAW WILL GOVERN ALL DISPUTES ARISING UNDER THIS SALE.
Seller not responsible for personal property. THE CUSTOMER AND THE CUSTOMER'S REPRESENTATIVE(S) HEREBY AGREE TO HOLD THE SELLER HARMLESS AND NOT BE LIABLE FOR ANY MISSING OR DAMAGED PERSONAL PROPERTY LEFT IN THE VEHICLE WHILE THE VEHICLE IS IN THE SELLER'S POSSESSION, FOR ANY REASON.
Late accounts incur finance charge. A FINANCE CHARGE OF ONE AND ONE-HALF PERCENT (1 1/2%) PER MONTH IS APPLIED TO ALL ACCOUNTS 30 DAYS PAST DUE. THIS EQUALS AN ANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT (18%).
Customer pay collection costs. SIGNATURE BY THE CUSTOMER OR THE CUSTOMER REPRESENTATIVE OR ISSUANCE OF THE CUSTOMER'S PURCHASE ORDER AUTHORIZING THESE REPAIRS CONSTITUTES AGREEMENT TO PAY REASONABLE COLLECTION EXPENSES, INCLUDING ATTORNEY FEES AND COURT COSTS INCURRED BY THE SELLER FOR PAYMENT OF THIS INVOICE.
90-day / 3,000-mile limited guarantee. ALL NEW PARTS AND SERVICE WORK IS GUARANTEED 90 DAYS OR 3,000 MILES, WHICHEVER OCCURS FIRST, UNLESS THE FAILURE WAS CAUSED BY MISUSE, ABUSE, IMPROPER MAINTENANCE, OR DAMAGE. THE SELLER WILL REPAIR OR REPLACE AT SELLER'S OPTION ANY DEFECTIVE PARTS OR LABOR. THIS LIMITED GUARANTEE DOES NOT COVER DAMAGE DUE TO ACCIDENT, NEGLECT, ALTERATIONS, OVERHEATING, LACK OF LUBRICATION, OR LACK OF MAINTENANCE.
Seller will not pay for consequential damages. THE CUSTOMER AGREES THAT THE SELLER IS NOT LIABLE FOR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES TO DOWNTIME OR LOST REVENUE OR ANY OTHER INCIDENTAL DAMAGES.
Storage Charges. STORAGE CHARGES ACCRUE AT THE RATE OF $35.00 PER DAY AFTER FIFTEEN DAYS FROM THE DATE THE WORK IS COMPLETED.
Customer approves of all repairs listed. THE CUSTOMER OR THE CUSTOMER REPRESENTATIVE, EITHER IN WRITING OR ORALLY, HAS APPROVED OF ALL THE REPAIRS LISTED ON THIS INVOICE.
Failed parts policy. THE CUSTOMER HAS THE RIGHT TO INSPECT AND TAKE ALL FAILED PARTS WITH THEM, EXCEPT FOR CORES AND WARRANTY PARTS, AT THE TIME THE WORK IS DONE. ONCE THE WORK IS COMPLETED, SAID PARTS WILL BE DISPOSED OF PROPERLY.
WARRANTY CLAIMS/GOODWILL. CUSTOMER AGREES TO PAY/REIMBURSE THE SELLER FOR ALL UNPAID AND DENIED WARRANTY CLAIMS/GOODWILL AS AUTHORIZED BY THIS AGREEMENT.
