TERMS AND CONDITIONS

These Terms and Conditions apply to all sales transactions with Auto Safety House, including quotations, purchase orders, service orders, sales orders, or similar documents:

  1. Terms Exclusive. These Terms and Conditions and the applicable quotation, purchase order, service order, sales order or similar document constitute the complete, exclusive and final agreement (collectively, the “Agreement”) of the buyer (“Buyer“) and Auto Safety House (“ASH”).  All other additional or conflicting terms or conditions which may now or in the future appear on Buyer’s acknowledgment, purchase order, or other similar document are expressly objected to by ASH without future notification and shall be null and void.  These Terms and Conditions may only be modified, superseded or altered in writing signed by both parties.  Buyer’s acceptance of any performance by ASH shall be taken as Buyer’s acceptance of these Terms and Conditions.
  2. Prices. Prices are subject to change or withdrawal without notice.  Unless otherwise stated in the Agreement, prices may be adjusted to and invoiced at ASH’s price list in effect at the time of the shipment of goods or furnishing of the services. Unless otherwise stated in the Agreement, prices are exclusive of applicable taxes, excises, duties, quotation fees or other governmental impositions which ASH may be required to pay or collect on behalf of Buyer.
  3. Payment Terms; Security Interest. Extensions of credit by ASH are subject to credit approval by ASH in its sole discretion, which may be modified or revoked by ASH at any time.  Unless otherwise stated in the Agreement, payment shall be due and payable in full and without setoff within 15 days following delivery of the goods or completion of the services.  Any payment not made when due shall be subject to a carrying charge of one and one-half percent (1 ½%) per month on the unpaid balance until paid in full.  Buyer expressly grants to ASH a security interest in any goods, or a mechanic’s or garage keeper’s lien, as applicable, in respect of any services, to secure payment of the purchase price therefore and any other amounts or charges owed by Buyer to ASH.  Buyer authorizes ASH (but ASH is not obligated) to file a financing statement or take such action as ASH deems advisable to evidence and perfect its security interest.
  4. Delivery; Force Majeure. Unless otherwise stated in the Agreement, delivery of the goods, and services, if any, shall be F.O.B. point of shipment. Any delivery date specified is approximate only. Acceptance of shipment by a common carrier shall constitute tender of delivery. Upon tender of delivery, risk of loss shall pass to Buyer.  Title shall pass to Buyer when the full price has been paid. Partial shipments may be made and payments, therefore, shall become due in accordance with the terms hereof as shipments are made and invoices rendered.  If ASH is not able to meet the delivery date specified by reason of any force majeure event beyond ASH’s control, including (but not limited to) war, governmental requests, restrictions or regulations, fire, flood, casualty, accident, or other acts of God, disease or illness, including but not limited to epidemic, pandemic, or quarantine, national or state declared emergency, strikes or other difficulties with employees, supplier delays, delay or inability to obtain goods, labor, equipment, material, and service through ASH’s usual sources, failure, refusal or delay of any carrier to transport materials, or any other similar event, ASH shall not be liable therefor and may, in its discretion without prior notice to Buyer, postpone the delivery date(s) under this Agreement for a time which is reasonable under all the circumstances.  Acceptance of the goods or services shall constitute a waiver of all claims for damages.
  5. Standard Limited Warranty; Limitations of Liability. The applicable ASH Standard Limited Warranty and the limitations of liability contained therein, attached as Exhibit A hereto, shall apply to the purchase and sale of goods and services under this Agreement.
  6. Indemnification. Buyer shall indemnify, defend, and hold harmless ASH, its directors, officers, employees and their respective affiliates against any claim, demand, complaint, liability, loss, cost, damage and/or expense (including attorneys’ fees, costs and expenses of litigation and settlements) arising out of or as a result of (i) Buyer’s (or any other party’s) use of the goods or equipment sold or serviced by ASH; and (ii) Buyer’s negligence or willful misconduct, except to the extent, in either case, caused by the negligence or willful misconduct of ASH.
  7. Claims.  Unless otherwise stated in the Agreement, claims respecting the condition of goods, compliance with specifications, or any other matter affecting goods shipped or services provided to Buyer, must be made promptly and in no event later than twenty (20) days after receipt of the goods by Buyer or the furnishing of the services by ASH. Failure of Buyer to make a claim within such 20-day period shall be deemed an unqualified acceptance of the goods or services by Buyer. Buyer shall set aside, protect, and hold such goods (without charge to ASH) without further processing until ASH has an opportunity to inspect and advise of the disposition, if any, to be made of such goods. In no event shall any goods be returned, reworked, or scrapped by Buyer without the express written authorization of ASH.
  8. Default and ASH’s Remedies. If Buyer fails to make timely payment on any sale of goods or services from ASH to Buyer, ASH, in addition to any other remedies available to it, may at its option, (a) defer further shipment or services until such payments are made and satisfactory credit arrangements are reestablished or (b) cancel the balance of any order, and Buyer shall not have any cause of action or be entitled to any offset, counterclaim, or recoupment against ASH by reason of such action.  In the event of Buyer’s default, ASH may exercise any and all remedies set forth in this Agreement, any other agreement between the parties, and applicable law, all of which rights and remedies are cumulative.
  9. Collection Costs and Attorney Fees. Buyer agrees to pay all of ASH’s costs and expenses incurred in collecting payments due from Buyer (including without limitation reasonable attorney fees and costs and expenses of any collection agency).
  10. Return Policy. Returns must be accompanied by this invoice and in the original, unopened box or packaging.  A 15% restocking charge will be applied to all returned items.  No returns on electrical items.  No returns on special order items.  No returns after 30 days from invoice date.
  11. Technical Assistance. Unless otherwise stated in the Agreement: (a) any technical advice provided by ASH with respect  to the use of goods or services furnished to Buyer shall be provided as a courtesy without charge and without warranty; (b) ASH assumes no obligation and disclaims all liability for any such advice or for any results occurring as a result of the application of such advice; and (c) Buyer shall have sole responsibility for selection and specification of the goods and services appropriate for the end use of such goods or services.
  12. Miscellaneous. This Agreement will be governed by the laws of the State of Ohio. The exclusive venue for any dispute related to this Agreement shall be the federal and state courts located in Columbus, Ohio.  If any of the provisions hereof shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The individual rights and remedies of ASH reserved herein shall be cumulative and additional to any other or further remedies provided in law or equity. Waiver by ASH of performance or inaction with respect to Buyer’s breach of any provision hereof, or failure of ASH to enforce any provision hereof which may establish a defense or limitation of liability, shall not be deemed a waiver of future compliance therewith or a course of performance modifying such provision, and such provision shall remain in full force and effect as written.
  13. Entire Agreement. This Agreement, including without limitation the Terms and Conditions and any other document incorporated herein by reference, constitutes the sole and entire agreement between Buyer and ASH with respect to any order or sale of goods or furnishing of services to Buyer, superseding completely any prior or contemporaneous oral or written communications.


 Exhibit A-1 – New and Used Bus Sales
Limited Warranty Information – New and Used Bus Sales

Auto Safety House (“ASH”) is proud to be your Total Fleet Solutions provider, assisting end users and fleet operators of all types with products and services that enable them to properly maintain their vehicles and equipment to improve their operation.  As part of our dedication to providing quality products and services for our Customers, we are pleased to offer the following Limited Warranty.

 

Limited Warranty Details

New Bus sales

ASH does not design, manufacturer or produce any vehicle, parts, equipment, or accessories sold or used by ASH.  Accordingly, the sole warranty provided for any New Bus sale is only to assign the warranty offered by the manufacturer, and when applicable, any extended warranty purchased from the manufacturer, to our Customer.

 

ASH MAKES NO REPRESENTATION OR WARRANTY TO THE EFFECTIVENESS OR EXTENT OF SUCH MANUFACTURER WARRANTY.  ASH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and does not assume or authorize any other person to assume for it any liability in connection with the sale.

Used Bus sales

Except as expressly set forth in any applicable Agreement between ASH and Customer, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SALE OF ANY USED BUS IS MADE ON AN “AS IS, WHERE IS” CONDITION AND BASIS, WITH ALL FAULTS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESSLY OR IMPLIED (EXCEPT AS TO TITLE), INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR ANY OTHER WARRANTIES, AND DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE.  CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, NEITHER ASH NOR ANY OF ITS AGENTS HAVE MADE ANY REPRESENTATIONS, WARRANTIES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING (i) THE VALUE, NATURE, QUALITY OR CONDITION OF THE USED BUS, (ii) THE SUITABILITY OF THE USED BUS FOR ANY USES WHICH MAY BE CONDUCTED THEREIN, (iii) THE COMPLIANCE OF THE USED BUS WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY, (iv) THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE USED BUS, OR (v) ANY OTHER MATTER WITH RESPECT TO THE USED BUS.  CUSTOMER SHALL RELY SOLELY ON ITS OWN INVESTIGATION OF THE USED BUS AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ASH OR ITS AGENTS, EXCEPT AS EXPRESSLY SET FORTH IN ANY APPLICABLE AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ASH BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR UNKNOWN DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROPERTY OR EQUIPMENT, LOSS OF DATA, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUE, LOSS OF PROFIT, OR LOSS OF INCOME, WHETHER THE DAMAGES BE IN CONTRACT OR TORT.

ASH’S TOTAL LIABILITY FOR ANY VEHICLES, PARTS, EQUIPMENT, OR SERVICES SOLD SHALL NOT EXCEED THE AMOUNT PAID TO ASH FOR SUCH PARTS, EQUIPMENT, OR SERVICES CAUSING THE LIABILITY.


Exhibit A-2 – Paint and Truck Body Upfitting, Sales
Limited Warranty Information – Paint and Truck Body Upfitting, Sales

Auto Safety House (“ASH”) is proud to be your Total Fleet Solutions provider, assisting end users and fleet operators of all types with products and services that enable them to properly maintain their vehicles and equipment to improve their operation.  As part of our dedication to providing quality products and services for our Customers, we are pleased to offer the following Limited Warranty.

Limited Warranty Details

Parts and Equipment

ASH does not design, manufacturer or produce any parts, equipment, or accessories sold or used by ASH.  Accordingly, the sole warranty provided for any part, equipment, or accessory, including but not limited truck body sales or paint, is only to assign the warranty offered by the manufacturer or supplier to our Customer.

Services

ASH warrants its workmanship for a period of twelve (12) months from the date of invoice to our Customer for the services performed (the “Warranty Period”).  Our Customer may not, in all cases, be the ultimate end-user of the vehicle or equipment.  This limited warranty covers defects in ASH’s workmanship that are discovered and reported to ASH during the Warranty Period.  The Customer’s sole remedy, and ASH’s only liability, for ASH’s breach of its service warranty shall be, at ASH’s option, (i) reperforming the defective services; or (ii) refunding the purchase price paid for the defective services.

Exclusions to the Limited Warranty 

ASH is not responsible, and this Limited Warranty is not available, for any for any of the following:

  1. Damage due to accident, misuse, abuse or alteration of the vehicle or equipment.  Any modification, abuse or misuse of any vehicle or any parts or materials thereon shall void the Limited Warranty in its entirety.
  2. All vehicle or equipment repairs, modifications and alterations performed without written authorization of ASH.
  3. All vehicle or equipment not properly maintained per applicable maintenance instructions.
  4. Paint, decals, or any finish not applied by ASH.  For example, paint applied by the manufacturer would NOT be covered under this Limited Warranty. 
  5. Paint, decals, or any finish deterioration caused by chemical reactions including, but not limited to, acid rain, industrial fallout or improper cleaning materials. 
  6. Specific paint, decals, or any finish warranty exclusions:
    1. Vehicles or equipment which may have been used to carry corrosive materials, where such materials may result in corrosion or perforation caused by rust.
    2. Damage or corrosion caused by airborne fallout, salt from the sea air, salt or other materials used to control road conditions, chemicals, tree sap, stones, hail, earthquake, water or flood windstorm, lightning or the application of chemicals or sealants not performed by ASH.
    3. Damage due to normal wear-and-tear on the vehicle or equipment.

LIMITATION OF LIABILITY

ASH MAKES NO REPRESENTATION OR WARRANTY TO THE EFFECTIVENESS OR EXTENT OF SUCH MANUFACTURER OR SUPPLIER WARRANTY.  ASH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and does not assume or authorize any other person to assume for it any liability in connection with the sale.

IN NO EVENT SHALL ASH BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR UNKNOWN DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROPERTY OR EQUIPMENT, LOSS OF DATA, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUE, LOSS OF PROFIT, OR LOSS OF INCOME, WHETHER THE DAMAGES BE IN CONTRACT OR TORT.

ASH’S TOTAL LIABILITY FOR ANY VEHICLES, PARTS, EQUIPMENT, OR SERVICES SOLD SHALL NOT EXCEED THE AMOUNT PAID TO ASH FOR SUCH PARTS, EQUIPMENT, OR SERVICES CAUSING THE LIABILITY.

 

Exhibit A-3 – Parts or Equipment Sales and Service
Limited Warranty Information – Part or Equipment Sales and Service

Auto Safety House (“ASH”) is proud to be your Total Fleet Solutions provider, assisting end users and fleet operators of all types with products and services that enable them to properly maintain their vehicles and equipment to improve their operation.  As part of our dedication to providing quality products and services for our Customers, we are pleased to offer the following Limited Warranty.

 

Limited Warranty Details

Parts and Equipment

ASH does not design, manufacturer or produce any parts, equipment, or accessories sold or used by ASH.  Accordingly, the sole warranty provided for any part, equipment, or accessory sold by ASH is only to assign the warranty offered by the manufacturer or supplier to our Customer.

Services

ASH warrants its workmanship for a period of ninety (90) days from the date of invoice to our Customer for the services performed (the “Warranty Period”).  This limited warranty covers defects in ASH’s workmanship that are discovered and reported to ASH during the Warranty Period.  The Customer’s sole remedy, and ASH’s only liability, for ASH’s breach of its service warranty shall be, at ASH’s option, (i) reperforming the defective services; or (ii) refunding the purchase price paid for the defective services.

Exclusions to the Limited Warranty 

ASH is not responsible, and this Limited Warranty is not available, for any for any of the following:

  1. Damage due to accident, misuse, abuse or alteration of the vehicle or equipment.  Any modification, abuse or misuse of any vehicle or any parts or materials thereon shall void the Limited Warranty in its entirety.
  2. All vehicle or equipment repairs, modifications and alterations performed without written authorization of ASH.
  3. All vehicle or equipment not properly maintained per applicable maintenance instructions.

 

LIMITATION OF LIABILITY

ASH MAKES NO REPRESENTATION OR WARRANTY TO THE EFFECTIVENESS OR EXTENT OF SUCH MANUFACTURER OR SUPPLIER WARRANTY.  ASH EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and does not assume or authorize any other person to assume for it any liability in connection with the sale.

IN NO EVENT SHALL ASH BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR UNKNOWN DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROPERTY OR EQUIPMENT, LOSS OF DATA, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUE, LOSS OF PROFIT, OR LOSS OF INCOME, WHETHER THE DAMAGES BE IN CONTRACT OR TORT.

ASH’S TOTAL LIABILITY FOR ANY VEHICLES, PARTS, EQUIPMENT, OR SERVICES SOLD SHALL NOT EXCEED THE AMOUNT PAID TO ASH FOR SUCH PARTS, EQUIPMENT, OR SERVICES CAUSING THE LIABILITY.

 

(800) 352-5355