Terms and Conditions
TRUCK REFRIGERATION REPAIR, INC. ("TRR")
TERMS AND CONDITIONS (REVISION DATE JULY 7, 2014)
Payment terms are net ten (10) days. Any payment not received by TRR within ten (10) days shall incur an interest charge of one and one-half percent (1.5%) per month. Customer shall also pay all cost of collection, including reasonable attorneys' fees and costs.
GENERAL LIMITATION OF LIABILITY
TRR is not liable for any injury or damage caused to property or persons by reason of the installation, use, or mechanical failure of any product sold, repaired, or installed by TRR. This limitation applies to any and all special, direct, indirect, incidental, and consequential damages. TRR will not be liable for any damages or penalties for delay in delivery unless TRR expressly assumes responsibility for any penalties for late delivery. Further, TRR is not responsible for any loss or damage to property from vandalism, theft, fire, or any other cause except as a result of the gross negligence of TRR.
Customer may return most new, unopened items which were not special orders within (30) days of delivery for a full refund. Items should be returned in their original packaging. TRR will also pay the return shipping costs if the return is a result of TRR's error (customer received an incorrect or defective item, etc.). All returns will be subject to a fifteen percent (15%) restocking fee. Special order items may be returned at the discretion of TRR. TRR will not accept returns on merchandise that was opened, used, is missing the serial number or UPC, or returned more than thirty days (30) days after delivery. Customer must contact TRR by phone or email and receive an RMA number before returning the items. Items returned to TRR without notification will not be eligible for a refund or exchange. All items returned must have the original invoice number.
NEW UNITS AND PARTS
TRR will administer the product warranties of THERMO KING CORPORATION and other manufacturers of new units and parts which are used by TRR. TRR expressly disclaims all warranties, whether express or implied, including any warranty of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for TRR any liability in connection with the sale of those products.
UNIT INSTALLATIONS AND REPAIR
TRR will warrant any partial engine reconditioning, repair and return of sub-assemblies, inchassis repair and unit installations and repair performed by TRR to be free from defective workmanship and materials under normal use and service. TRR's obligation under this warranty is limited to repairing or replacing at TRR's facilities any part or parts which after TRR's examination shall disclose to TRR's satisfaction to have been defective within ninety (90) days, after twenty-five thousand (25,000) miles of use, or after one thousand (1,000) hours of operation, whichever shall first occur, from the date of delivery to the original purchaser. Warranty of the new parts used in the reconditioning will be covered by the manufacturer of such parts, if any, as set forth above. Parts left in the equipment, or reused in the reconditioning of the equipment and any workmanship not affected by the reconditioning of the equipment, will be covered only by previous warranties, if any. Unless the customer shall issue specific instructions to the contrary, only such parts will be replaced as are considered necessary by TRR to insure continuing operation at minimum cost to the customer. TRR will not accept liability for the failure of any reused parts.
EXCHANGE OF ENGINES, COMPRESSORS, BASIC ENGINE OVERHAULS AND ALL OTHER EXCHANGES OF COMPONENTS
TRR will warrant any exchange of engine, compressor, basic engine overhaul or other exchanges of components sold or performed by TRR to be free from defective workmanship and materials under normal use and service. TRR's obligation under this warranty being limited to repairing or replacing at TRR's facilities any part or parts which after TRR's examination shall disclose to TRR's satisfaction to have been defective within ninety (90) days from the date of delivery to the original purchaser.
EXCHANGE OF ELECTRICAL ASSEMBLIES
TRR will warrant any exchange of electrical assembly sold or performed by TRR to be free from defective workmanship and materials under normal use and service. TRR's obligation under this warranty being limited to repairing or replacing at TRR's facilities any part or parts which after TRR's examination shall disclose to TRR's satisfaction to have been defective within ninety (90) days from the date of delivery to the original purchaser.
TRR warrants TRR's machine work to be free from defects in workmanship only. This warranty is limited to a prorated value of the failed component. This warranty extends for ninety (90) days from the date of delivery to the original purchaser.
All parts supplied and repair work done which may be the subject of any manufacturer's warranty will be billed to the customer by TRR and shall be paid for in the normal manner while a warranty claim is being initiated with the manufacturer and the allegedly defective parts are being examined. If and when TRR receives a credit from the manufacturer as a result of the warranty claim, this credit will be given to the customer.
Customer is responsible for all costs of towing, lubrication oil, antifreeze, filter elements, hoses, belts and other maintenance items replaced during warranty repairs, except in new units where such items may be covered by the new unit warranty. Customer is responsible for the operation and maintenance of the engine or equipment as specified in the Manufacturer's Operation and Maintenance Manuals.
CONDITION OF SALE
The liability of TRR arising out of any defects shall not in any case exceed the cost of correcting such defects in accordance with the aforementioned warranties. This warranty shall not apply to any workmanship, part or parts which have been altered or repaired outside of TRR's shop, nor to parts that have been subjected to misuse, abuse, neglect, accident or to damage caused by over-speeding, over-fueling, or overheating, nor to part or parts not supplied or approved by TRR, nor to part or parts improperly installed. The entire liability of TRR is defined by this warranty and the same is given in lieu of any and all other warranties, either express or implied, including any warranty of merchantability, or fitness for a particular purpose, is made or authorized by TRR and signed by the customer and an authorized representative of TRR. Upon expiration of the warranty period, all liability on the part of TRR shall terminate in any event. No oral or written statements or representations shall be binding upon TRR unless specifically endorsed by TRR. These terms and conditions, in combination with the invoice generated by TRR, shall constitute the sole agreement between TRR and the customer in respect of the subject matter hereof.