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HD Trailers Standard Warranty

WARRANTY COVERAGE:

HD Trailer’s Standard Warranty (the “Warranty”) period which covers trailers shall commence immediately upon the date of purchase of the newly manufactured equipment from the dealership as follows. The Warranty’s structural component shall continue for TWO (2) years; it covers the primary frame of the trailer. The Warranty’s non-structural component shall continue for ONE (1) year; it covers cross members, ramps, railings, and any other non-wearing items. Items subject to normal wear, including but not limited to surface paint, flooring, bearings, hoses and brake linings, are not covered. This Warranty is included in the base purchase price and is offered with confidence based on several years in the manufacture and sale of trailers.

Auxiliary parts, such as calipers, jacks, tires, suspension, lights, brakes, wheels hydraulic dump cylinders and controls are solely covered under the warranty of their respective manufacturer.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY, WHETHER WRITTEN, ORAL OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE).

CLAIMS UNDER THIS WARRANTY:

Claims for defects in material, workmanship and missing items shall be made in writing to within THIRTY (30) days of the delivery to:

HD Trailer

263 County Road 44050

Powderly, TX 75473.

If written notice is not received by HD Trailer on or before the end of the thirtieth day from deliver, the physical condition of the equipment shall be deemed satisfactory to the Buyer and considered final acceptance, and HD Trailer shall be released from any and all liability relating to the any unnoticed claims for defects in material, workmanship and missing items.

LIMITED WARRANT AND DISCLAIMER:

PARTS REPLACEMENT. The sole responsibility of HD Trailer under this limited warranty shall be to repair and/or replace the parts at the HD Trailer facility, located in Powderly, Texas, or at an HD Trailer authorized dealership. NO CLAIMANT WILL BE REIMBURSED by HD Trailer for any repair or adjustment of an HD Trailer without prior written approval by HD Trailer. Warranty repairs performed at another location other than HD Trailers facility in Powderly, Texas, or at an HD Trailer authorized dealership are allowed under this warranty ONLY with the prior written approval of HD Trailer. $50.00 per hour for labor costs will be charged for any repairs performed at a location other than the HD Trailer production facilities or an HD Trailer authorized dealership. HD Trailer reserves the right to dispute excessive hours spent on warranty repairs.

THE WARRANTY PROVIDED IN THIS ARTICLE AND THE OBLIGATIONS AND LIABILITIES OF SELLER THEREUNDER ARE EXCLUSIVE AND IN LIEU OF AND BUYER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF THE SELLER WITH RESPECT TO FITNESS, MERCHANTABILITY, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR CONTINGENT LIABILITIES STEMMING FROM THE FAILURE OF ANY PARTS TO OPERATE PROPERLY) OR WHETHER OR NOT OCCASIONED BY SELLER’S NEGLIGENCE. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY SELLER AND BUYER. NO PARTY, INCLUDING AN AUTHORIZED HD TRAILER DEALER IS AUTHORIZED TO MAKE FURTHER OR ADDITIONAL WARRANTIES ON BEHALF OF HD TRAILER. THE PARTIES ALSO AGREE THAT, REGARDLESS OF THE FAILURE OF THE SOLE AND EXCLUSIVE REMEDY, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OF WHATSOEVER KIND OR NATURE, IINCLLUDING BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE, INCONVENIENCE, LOSS OF TIME, COMMERCIAL LOSS, OR ANY OTHER DAMAGES, SPECIFIC AND GENERAL, FORESEEN AND UNFORESEEN. THE PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM THE SOLE AND EXCLUSIVE REMEDY HEREIN.

UNIT BEING RETURNED. In cases where a trailer must be returned to HD Trailer for warranty repair, the customer shall be responsible for freight cost to and from Powderly, Texas 75473. Once the trailer arrives at the HD Trailer facility or authorized dealership, HD Trailer will, at no charge to the customer, repair or replace the defective parts of the trailer.

FREIGHT CLAIMS. Unless the purchase order includes FOB destination, any freight damage will be the responsibility between the customer and the carrier. If the purchase order denotes destination, customer must notify HD Trailer within twenty four (24) hours of receipt of any freight damage.

WARRANTY EXCLUSIONS:

OPERATOR ERROR OR MISUSE. HD Trailer reserves the right to deny warranty claims if there is evidence of misuse and/or operator error. Examples of misuse include, but are not limited to, exceeding towing capacity, overload, over-speed, damage caused by rough terrain, towing the trailer behind a vehicle not capable of towing said load, etc. Determination of the existence of these conditions shall be made solely by HD Trailers.

THIS WARRANTY WILL BE VOID for any unauthorized modifications to our units and for any parts not approved by HD Trailer.

RELEASE FROM LIABILITY. customer hereby agrees, on customer’s behalf, and on behalf of customer’s heirs and personal representatives, to fully and forever discharge and release hd trailer and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims  customer may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to customer’s failure to properly install, maintain, or store the product, or customer’s use in a manner inconsitent with design, customer’s neglect, or customer’s abuse, or caused by hd trailer’s negligence or the negligence of any of the released parties or by any other reason. customer acknowledges and agree that this Release and Waiver of Liability is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by customer for the conditions described herein.

DEALER RESPONSIBILITES-

Responsibility for submitting any claim you wish to make to the manufacturer under this limited warranty lies within the HD Trailer or authorized HD Trailer dealer.

LAW AND VENUE. This Agreement shall be governed by the law of the State of Texas applicable to agreements negotiated, executed, and performed wholly within Texas. Each party hereby submits to the jurisdiction and venue of state or federal courts in LAMAR COUNTY Texas.

DISPUTE RESOLUTION. Any dispute or controversy arising out of or with respect to this Agreement shall be arbitrated in LAMAR COUNTY, TEXAS under the relevant commercial rules and procedures of the American Arbitration Association, and any resulting award shall be final, binding and non-appealable and shall be entered in any court of competent jurisdiction to enforce it.

ATTORNEY FEES. Attorney’s fees in connection with any claim, legal action, dispute or arbitration arising out of this agreement, the prevailing party shall be entitled to all costs incurred, including responsible attorney’s fees, appellate attorney’s fees and all cost of investigation.

I Agree to the Terms & Conditions

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