TERMS AND CONDITIONS
The following Terms and Conditions apply to all customers purchasing products or utilizing services from all Western Companies (hereafter referred to as Western), including Western Truck and Trailer Sales Inc. and Ranco.com. Upon entering into an agreement for products or services, the customer agrees to all of the following terms and conditions.
1. WEBSITES & ONLINE INFORMATION
The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Western disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition Western does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice. Due to the large amount of content and information provided, errors can and will occur. By visiting this website, you agreed that Western shall be held harmless from all liability and responsibility for any and all errors or omissions in the information provided on this web site. Western shall not be required or obligated to honor any price if said price is incorrect or inaccurate.
LIMITATION OF LIABILITY:
In no event shall Western be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Western has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
IMAGES, LOGOS, TRADEMARKS & COPYRIGHT:
The images, logos, copy and trademarks contained in this site, including but not limited to the text, images, audio or video, may not be used in any manner, or for any purpose, without Western’s express written permission, are believed to be in the public domain or used with permission of the respective trademark or copyright holder. The information and images on this site may not in any way be used in any manner, or for any purpose, without the express written permission of Western or the official holder of the copyright or trademark. Please contact Western if you have questions or concerns about the site content.
ACCEPTANCE OF ORDERS:
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Western reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, the customer grants the Western permission to contact their bank to verify name and address.
LINKS TO EXTERNAL SITES:
This site may contain links to other web sites on the Internet that are owned and operated by third party vendors and other third parties (hereafter referred to as “External Sites”). You acknowledge that Western is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
2. PARTS, SERVICE, MAINTENANCE & REPAIRS
AUTHORIZATION TO WORK
Any vehicles delivered to Western for the purpose of repair will be repaired in a good, quality manner. Western assumes that any driver bringing in any vehicle or trailer has the authorization to request the needed repairs unless instructed otherwise in writing by the owner. The owner agrees that faxed and/or emailed authorizations have the same binding effect as if they were signed original authorizations. The owner further agrees that receiving an authorization to use the owner’s credit card will be deemed as authorization to provide the necessary parts and labor. Western may operate the equipment for purposes of testing, inspection, or delivery at owner’s risk
Bids are only valid for the item bid upon and do not include any extra work, modifications, or add-ons. The bid represents only an estimate of the price of the bid repair and is not to be taken as warrant of future performance. Bids are subject to part availability and pricing, and may be increased at any time due to increase price of parts or labor. Bids are subject to the conditions implied in the bid and are based on the most economical means of repair. Western reserves the right to revise its bid at any time, including if the most economical means of repair becomes unavailable or the assumption upon which the bid was made changes.
Western will perform all necessary repairs and maintenance on the owner’s vehicle(s), and the owner will pay Western for labor and parts at the current flat rate for such parts and services. The charge for parts and services may not be the actual cost Western pays for the parts or services. Western retains the right to raise its flat rate for service and parts from time to time as business necessity demands without notice. The customer agrees to pay Western for tear-down, inspection and reassembly even if no repairs are made.
COST OF SUPPLIES
A token charge equivalent to 10% of the labor charge (17% for welding & fabrication) will be added to the invoice to cover the cost of supplies used during the repair of equipment. If goods or services are shipped to the customer and the paperwork is not formally signed, the customer agrees and understands that acceptance of the goods and/or services obligates them to the billing terms as though either they themselves, or their agent, signed acceptance for the bill.
Western Service Center, LLC, its affiliates, and its employees are not responsible for any delays caused by unavailability of parts or delays in parts shipment or for loss or damage to the vehicle or any articles left in the vehicle in case of fire, theft or any other cause beyond Western’s control. The customer will pay Western for tear-down, inspection, and reassembly even if repairs are not made. The Customer agrees to promptly pay all outstanding invoices related to repairs to Western. All invoices not paid in full within seven (7) days after all repair work has been completed will be charged interest at the rate of 2% per month.
RISK OF LOSS OR DAMAGE
The customer should not leave valuables or goods in the vehicle, truck or trailer, and assumes all risk for loss, theft, confiscation, destruction, spoilage, vandalism, etc. Western is not responsible for any items left in the vehicle, truck or trailer, or for damage due to confiscation, inspection, accident, vandalism or normal wear of the vehicle while being repaired, waiting for repairs, or being stored after repair.
Parts cannot be returned without an invoice. Absolutely no returns are allowed on electrical parts or on special orders. All items must be returned in the original undamaged packaging. Material returned may be subject to a 20% restocking fee. No returns are allowed after 30 days (including cores). For questions or clarifications, call us at (888) 424-4003.
3. PAYMENTS, INTEREST, & FEES
CREDIT CARD PROCESSING
Please note that all prices on vehicles including titled equipment and truck bodies represent a cash price. All invoices with this type of equipment will be charged an additional 3.5% on payments made with a credit card. We apologize for any inconvenience this may cause.
CREDIT & PAYMENT TERMS
By accepting delivery of goods or services or removing your equipment before settling any and all charges from Western, you agree to pay the bill in full. In the event of a billing dispute, the customer agrees to pay the sum of $35.00 per day storage commencing seven (7) days after the repair work has been completed. The customer understands that as a matter of Utah law, Western may retain possession of the equipment until a cash payment of the bill has been made in full. The customer agrees that the title to the equipment and/or parts does not pass to the customer until the bill is paid in full. In the event that the account is placed in the hands of an attorney for collection, the customer agrees to pay all costs thereof, including a reasonable attorney’s fee. Furthermore, the customer agrees that any legal disagreements are to be settled in Salt Lake County, Utah.
All trade accounts are expected to be settled by the 10th of each month. The customer agrees to pay all amounts due to Western. All outstanding balances beyond the 10th will be subject to an interest rate of 2% per month.
The customer agrees to pay Western in CASH for the cost of repairs, unless otherwise agreed upon, prior to the beginning of the work on the vehicle, truck, trailer or other equipment. If payment arrangements are made in advance, the owner will make payments agreeable to the parties no more than 30 days after Western’s bill for services is received. Interest will be charged on all unpaid amounts after 30 days at the rate of 18% per annum.
INTEREST & COLLECTION COSTS
Interest will be charged on the unpaid balance at the rate of 18% per annum. The customer will be charged a late fee of 2% of the outstanding balance for payments made past due. A returned check fee of $45.00 will be charged on all returned checks. In the event that legal action becomes necessary to enforce this agreement, the customer will be responsible for court costs and reasonable attorney fees. The customer understands and agrees that the courts of Salt Lake County have jurisdiction over any issue that arises between Western and the customer, and that any dispute between the parties will be heard in Salt Lake County. The parties further agree that they are doing business in Salt Lake County. A storage fee of $35.00 per day will be charged on all equipment left over 7 days.
The customer agrees that the license and VIN number are true and accurate. The customer further agrees that if the truck, vehicle, or trailer is not licensed, that he will license the vehicle and certify that Western has a lien on the truck, vehicle, or trailer for the amount of the repairs. An express lien is acknowledged on the vehicle to secure the amount of repairs to the vehicle, etc. In addition to the lien, Western will retain the title to the repaired equipment and parts until it is completely paid for. Western has authorization to retain the vehicle until the repairs are paid for and/or has authorization to repossess the vehicle and remove the newly installed parts or equipment and receive it as its own property.
TAXES & FEES
The customer is liable for all taxes, including State Sales Tax, Federal Excise Tax, Waste Tire fee and any other tax that may be assessed.
Outside equipment storage will be billed monthly at a rate of $10.00 per day. Rates may vary for oversized or undersized equipment.
For vehicles and equipment not picked up after service or repair, a storage fee of $35.00 per day will be charged on all equipment left over 7 days.
4. WARRANTY INFORMATION
NO WARRANTIES ON PRODUCTS
Western provides no warranties on parts or repairs. The written Manufacturer Warranties, to the extent they exist, are the only warranties applicable to new Parts. No warranties are provided, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose or any liability for commercial losses based on negligence or manufacturer’s strict liability. Western neither assumes, nor authorizes anyone to assume any other obligation or liability in connection with parts or labor. Western’s maximum liability is to repair or replace parts due to improper installation. All equipment repaired under warranty must be clean and operable. Western must pre-approve all warranty work. Any claim regarding repair must be brought to the attention of Western the same day that the truck or trailer is removed from the garage. Western does not authorize any other person or entity to assume warranty or liability on behalf of Western in connection with the sale and/or repair of merchandise.
Western is not responsible for any “down time” while equipment (including vehicles) is being repaired, waiting to be repaired, or while warranty work is being performed. Western will not pay for loss of opportunity, real or imagined. Western reserves the right to refuse to repair vehicles and equipment if proper authorization and purchase orders are not supplied. Delays may occur if work is not properly authorized, or if proper purchase orders are not received in a timely manner.
Western is not liable for any delay in repairs, failure to repair, general failures or delays, or failure to deliver parts or materials. Western is not liable for loss or damage to vehicle or any article left in the vehicle in case of fire, theft, vandalism or any other cause beyond Western’s control. Western is not liable for consequential damages resulting from any delay or down time including: losses, penalties, loss of cargo, driver’s wages, hotels, meals, etc., nor is Western responsible for incidental damages, such as wrecker or towing services, freight, or other related costs. The customer is responsible for all out of pocket costs associated with repairs, specifically the cost of freight and shipping on all parts and materials