TERMS AND CONDITIONS
Drake Truck Bodies, LLC
These Terms and Conditions (these “Terms”) govern all quotations, sales orders, purchase orders, service orders, invoices, or similar transactions (collectively the “Services”) between Drake Truck Bodies, LLC (“Seller”) and the purchaser (“Buyer”). These Terms are binding upon acceptance of Buyer’s order or Seller’s performance of the Services, whichever occurs first.
1. Applicability and Entire Agreement
A. These Terms, together with any quotation or order acknowledgment issued by Seller (collectively, the “Agreement”), are the sole and entire agreement between Buyer and Seller. Buyer’s general terms and conditions of purchase are expressly rejected. No waiver, modification, or amendment is effective unless in signed writing by both parties.
B. If any other agreement between the parties is mutually executed related to Services, such agreement shall take precedence.
2. Prices
All prices are subject to change without notice until the Agreement is accepted in writing. Unless otherwise stated, prices are exclusive of freight, delivery, insurance, taxes, excises, or duties, all of which shall be paid by Buyer.
3. Payment Terms
Unless otherwise stated, payment for Services is due Net Ten (10) business days from delivery of Services. Late payments will accrue interest at 1.5% per month or the maximum allowed by law, whichever is less. Payments shall be made by ACH, wire transfer, or credit card; Seller may apply a surcharge for credit card payments. Buyer shall not withhold, offset, or counterclaim against amounts owed. For Cash on Delivery (COD) customers, customer must pay the full price of all Services before the Services are rendered. Under no circumstances may Buyer take possession of completed vehicles or goods prior to payment under COD terms.
4. Delivery; Risk of Loss; Storage; Unused Parts Disposal
Delivery terms are F.O.B. Seller’s facility unless otherwise stated. Risk of loss passes to Buyer upon tender to carrier. Any delivery date is approximate only. If Buyer fails to accept delivery within five (5) business days of notice that vehicle or goods are ready, risk of loss shall pass to Buyer, goods will be deemed delivered to Buyer, and Seller may store goods at Buyer’s expense (including but not limited to storage, insurance, and handling fees). Partial shipments are permitted.
Any parts or components of a vehicle or accessory provided by the Buyer at the time it is received by Seller for Services, which are no longer deemed needed by the Buyer, shall be removed from the Seller’s property on the same date as delivery to Buyer of rendered Services, at the sole cost of Buyer. If Buyer does not remove such property from Seller’s property within thirty (30) days of delivery of rendered Services, such property will be deemed abandon and Seller may dispose of such property as Seller deems appropriate. Buyer will be responsible for any costs associated with such disposal due to abandonment.
5. Inspection and Claims
A. Vehicle Check-in Inspection
Upon receipt of any vehicle from Buyer for Services, Seller will perform an initial inspection (“Check-in Inspection”) to document the condition of the vehicle, including any pre-existing damage, missing components, or irregularities. Seller will provide Buyer with a copy of this documentation, which may include written descriptions, photographs, or videos. Buyer shall review and acknowledge such documentation prior to commencement of work. Seller shall not be responsible or liable for any pre-existing damage, defects, or conditions noted (or reasonably discoverable) during the Check-in Inspection.
B. Work Performed and Pre-Delivery Inspection
Upon completion of Services, Seller will conduct a Pre-Delivery Inspection (“PDI”) to confirm that (i) all contracted Services have been completed and installed in accordance with Buyer’s order, and (ii) no new damage has occurred while the vehicle was in Seller’s possession. Buyer shall be notified when the vehicle is ready for final review and acceptance. Buyer’s acceptance of delivery, or removal of the vehicle from Seller’s premises, shall constitute Buyer’s acknowledgment that the goods and services were properly rendered and that the vehicle was delivered in acceptable condition, except for any defects or issues specifically noted in writing at the time of Check-in Inspection.
C. Claims by Buyer
Any claim by Buyer relating to alleged damage, shortage, nonconformance, or defect must be made in writing within ten (10) business days after (i) Buyer’s receipt of goods, or (ii) Buyer’s retrieval of the serviced vehicle, whichever applies. The written claim must describe the alleged issue in detail and be supported by photographs or other reasonable documentation. Buyer shall hold the goods or vehicle for Seller’s inspection and shall not undertake repairs, alterations, or disposal without Seller’s prior written authorization. Failure to provide timely written notice in accordance with this section constitutes full acceptance of the goods and services and a waiver of all related claims.
D. Limitations
Seller shall have no responsibility for damage occurring after the Buyer or its carrier takes possession of the goods or vehicle, nor for defects or damage resulting from misuse, neglect, accidents, or subsequent modifications by Buyer or third parties.
6. Changes and Cancellations
Changes or cancellations to ordered Services requested by Buyer are subject to Seller’s written approval and may result in additional charges, including a restocking fee plus any other costs incurred by Seller as a result of such changes or cancellations. Custom or special-order goods are non-cancellable and non-returnable.
7. Limited Warranty
Seller’s limited warranties are set forth in Exhibit A attached hereto. Seller disclaims all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
IN NO EVENT SHALL SELLER BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. SELLER’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY BUYER FOR THE SERVICES.
9. Indemnification
To the fullest extent permitted by law, Buyer shall indemnify, defend, and hold harmless Seller, its affiliates, officers, and employees from any claims, damages, or expenses arising from Buyer’s use of goods, negligence, or misconduct, except to the extent caused by Seller’s gross negligence or willful misconduct.
10. Returns
All returns require prior written authorization by Seller. Eligible returns must be unused, in original packaging, and accompanied by the invoice. Returns may be subject to a restocking fee and the Buyer responsible for all return shipping costs to original vendor or manufacturer. No returns are accepted after thirty (30) days from invoice date. Custom, electrical, fabricated, or painted goods are non-returnable.
11. Technical Assistance
Any advice or assistance provided is without charge and without warranty. Buyer assumes full responsibility for the use and application of any such information.
12. Confidentiality
All non-public, proprietary, or confidential information disclosed by Seller is confidential and may not be used or disclosed by Buyer except as necessary to perform this Agreement. Seller shall be entitled to injunctive relief for breach.
13. Governing Law; Venue
This Agreement shall be governed by the laws of the State of Arizona. Exclusive venue lies in the state and federal courts in Maricopa County, Arizona. Buyer consents to jurisdiction in such courts.
14. Assignment; Relationship; No Third-Party Beneficiaries
Buyer may not assign its rights or obligations without Seller’s consent. The parties are independent contractors. Nothing creates an agency, partnership, or third-party beneficiary rights.
15. Survival
The provisions regarding payment, indemnification, confidentiality, warranty disclaimers, limitations of liability, and governing law shall survive expiration or termination of this Agreement.
Exhibit A – Limited Warranty
1. Parts & Equipment: Seller passes through any manufacturer or supplier warranty to Buyer. Seller makes no independent warranty beyond that provided by the manufacturer.
2. Services – Structural Workmanship: Seller warrants structural workmanship on equipment manufactured by Seller for five (5) years from completion. This warranty expressly excludes electrical wiring and painting.
3. Services – Installation: Seller warrants workmanship for equipment installed by Seller for one (1) year from completion. This does not cover the equipment itself, which will be covered if any by manufacturer warranties.
4. Exclusions: Warranties exclude damage caused by misuse, neglect, accidents, unauthorized repairs, or normal wear and tear.
5. Claims Process: Buyer must notify Seller in writing of any warranty claim within the warranty period, provide supporting photos and description, and obtain Seller’s written authorization before making repairs. Seller will, at its option, repair, replace, or refund the purchase price of defective goods or services. Inquiries related to warranty claims may be made as follows:
a. By Email to: info@drakeequipment.com
b. In writing by postal service to: Drake Truck Bodies, LLC, 2235 S. 19th Ave., Phoenix, AZ 85009
c. By telephone to: (602) 278-2552
6. Disclaimer: ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
7. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. format, and more. To set up site-wide paragraph and title styles, go to Site Theme.
