Cantril Truck and Trailer, LLC Terms & Service

Conditions and Use of Site:

You must be at least 18 years old to use the Site or its Services.  These Terms of Service (the "Terms") govern your use of all web sites or mobile web sites owned or operated by Cantril Truck and Trailer, LLC, including the web site currently located at www. cantriltruckandtrailer.com (the "Site"), any applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered Cantril Truck and Trailer, LLC, and any other applications, interactive features, widgets and resources offered by Cantril Truck and Trailer, LLC.com through traditional Internet websites, mobile devices or other platforms (all of which are collectively referred to as the "Services"). By using the Site or Services, you agree to these Terms of Use.  Your use of certain Services, including purchases you make on the Site, may be subject to additional terms and conditions ("Additional Terms"). When Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using the Services, you agree to the Additional Terms.


Website SITE Uses AND SERVICES

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. At www.cantriltruckandtrailer.com, we prohibit certain kinds of conduct that may be harmful to other users.

 When you use the Site or Services, you may not:

  • violate any law or regulations
  • violate or infringe other people's intellectual property, privacy, publicity, or other legal rights
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable stalk, harass, or harm another individual
  • send unsolicited or unauthorized advertising or commercial communications, such as spam
  • transmit any malicious or unsolicited software
  • impersonate or misrepresent your affiliation with someone else
  • use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site (although may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Cantril Truck and Trailer, LLC reserves the right to revoke these exceptions either generally or in specific cases);
  • use automated methods to use the Site or Services in a manner that sends more requests to the in a given amount of time than a human can reasonably produce in the same amount of time by using a conventional Web browser; or interfere with or disrupt the Site or Services.

Use Restrictions

The copyright in all material provided on this Site is held by Cantril Truck and Trailer, LLC or by WebbRes, the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Cantril Truck and Trailer or the copyright owner. You also may not, without permission, copy any material contained on this Site onto any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Cantril Truck, WebbRes, Vendors and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Cantril Truck and Trailer, LLC enforces its intellectual property rights to the fullest extent of the law. The name Cantril Truck and Trailer, LLC, or the Cantril Truck and Trailer, LLC logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Cantril Truck and Trailer, LLC prohibits use of their logo as a "hot" link to any Cantril Truck and Trailer, LLC site unless establishment of such a link is approved in advance by Cantril Truck and Trailer, LLC in writing.

Product and Services

We make no claims or promises about the quality, accuracy, or reliability of any recommendations, reviews, comments or other content available on or through the Site or Services. Cantril Truck and Trailer, LLC is not liable for any loss or damage that might arise from your reliance on any recommendations or other content available on or through the Site or Services.

Limitation of Liability

Individuals use this site and services at their own risk. The site and services and all products are provided on an "as is" and "as available" basis. UNDER NO CIRCUMSTSNCES, WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Changes and Corrections to the Site & or Services

Cantril Truck and Trailer, LLC reserves the right to update, modify or make corrections often.  Although we strive to provide accurate and up to date information, sometimes errors can still occur and will happen.  We apologize for any inconvenience; however, please be aware that product prices and specifications are subject to change without notice. Also, typographic, photographic, and/or descriptive errors are subject to correction and assumes no liability or responsibility for such errors, but will, upon notice or recognition of such, make reasonable efforts to correct said errors.  We may change or discontinue the Site or any Services at any time with or without notice to you. Cantril Truck and Trailer, LLC reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Such errors, inaccuracies or omissions may relate to pricing or availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability. To the extent Cantril Truck and Trailer, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Cantril Truck and Trailer, LLC liability will be the minimum permitted under such law.

Applicable Law; Jurisdiction

These Terms of use will be governed by the laws of the United States and the State of Iowa. In the Event of any lawsuits or legal action brought forth, the jurisdiction shall be in Van Buren County, Iowa District Court.

Placing Orders & Shipping:

Privacy

Cantril Truck and Trailer, LLC respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you.

Placing Orders Online

Orders received before 1:30pm Central Standard time generally ship the same day but can take up to 3 days to be processed. Orders placed outside of business hours will be processed the next business day.

Online Only Items

Not all items offered online are available “in store”. Contact your local Cantril Truck and Trailer, LLC store for information on availability and pricing of a comparable product.

Shipping

Please note all listed weights in the product description are dimensional shipping weights and not actual weight. Your shipping cost will be based on total weights listed.  Shipping fees include packaging, handling, and postage fees. Postage fees vary depending on total weight, dimensions, and destination of package(s). Delivery time varies depending on which shipping option is selected at checkout. Boxes are amply sized and your items are well-protected. Special care is taken to protect fragile objects. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. UPS and FedEx do not deliver to P.O. Boxes. Please give a street address when selecting your carrier. You will receive a tracking number once it is scheduled for pickup and physically shipped

Canceling Your Order

Please call or email sales.cantriltruckandtrailer@gmail.com to cancel your order prior to fulfillment.  An order that has already been shipped cannot be Canceled.

In Stock Count

Please note that our inventory is not always. Also, online orders may ship from any or combination of all of them. If you intend to pick up items at one of our stores locations, please, call first to check availability.

Disclaimer Warranty

The materials on this site are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, Cantril Truck and Trailer, LLC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Cantril Truck and Trailer, LLC does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the materials on this site or any sites linked to this site.

Returns

Please call or email us at sales.cantriltruckandtrailer@gmail.com within 30 days of receiving your order to arrange for a return. Shipping charges cannot be refunded, and a 10% restocking fee will be deducted from the refund amount. All products must be returned in their original packaging without damage or wear. We will inspect the product(s) when we receive the return and determine if the customer will receive a refund based on the condition of the product(s). The customer shall bear all responsibility for shipping charges and risk of loss or damage during transit to return product(s).

Payment

Payment must be made in full before any goods are dispatched. We currently accept VISA, Mastercard, Discover, and American Express.

Payment Security

Your payment is made through an Authorize.net payment portal. Authorize.net is a PCI DSS certified payment processing company Preferred Payments. The order and payment pages of our website are SSL secured. Customers can check out as guests or register an account for future purchases.

Note: We do not capture any credit card or banking information, you will be required to enter your payment information for each purchase.

Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user's right to access the Site or Services at any time, at our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

Cantril Truck & Trailer, LLC Terms & Conditions “Units”

ACCEPTANCE AND APPROVAL

The sale of products and services (collectively, “Goods”) by Cantril Truck & Trailer, LLC or any of its affiliates (individually and collectively, the “Dealer”) to the buyer (the “Buyer”), as designated on the invoice, quote, purchase order, and/or other document, bill of sale or communication in which these Terms and Conditions of Sale are referenced (collectively, the “Invoice”), is subject to Buyer’s acceptance of these Terms and Conditions of Sale (the “Terms and Conditions”), without modification. These Terms and Conditions are the only terms and conditions applicable to the sale of Goods, except for provisions relating to product price, quantity, specifications, delivery schedules, and locations as elsewhere agreed to in writing by the parties. Buyer acknowledges and agrees that these Terms and Conditions are incorporated into, and are a part of, any Invoice, release, requisition, work order, shipping instruction, specification, and/or any other document, whether expressed verbally, in written form or electronic commerce, relating to the sale of Goods by Dealer to Buyer (these documents are collectively referred to as the “Contract”). Signing the Invoice, issuance of a purchase order, or acceptance of the Goods by the Buyer all constitute acceptance of these Terms and Conditions. Any additional or different terms or modifications to these Terms and Conditions proposed by Buyer are expressly rejected by Dealer and are not part of the Contract. All orders and shipments are subject to acceptance by Dealer and/or approval of Dealer’s credit department.

PRICE

Prices for Goods and other related information shown in any Dealer or manufacturer product publication, including but not limited to catalogs, brochures, and websites, are subject to change without notice. Prices do not include related freight charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority unless otherwise expressly noted by the Dealer.

DEPOSIT

The amount of the deposit (the “Deposit”) shall be as stated on the face of the accepted Invoice, or as otherwise confirmed in writing by Dealer. Dealer will submit Buyer’s order for new Goods to the manufacturer within a reasonable time after the date on the accepted Invoice. Buyer acknowledges and agrees that the Deposit shall be non-refundable, except as otherwise specifically provided herein and, with respect to any Deposit on new Goods, said Deposit shall be refundable only to the extent Dealer is able to obtain a refund of the Deposit from the manufacturer. Upon completion of the transaction contemplated by the Contract, Dealer will credit the Deposit toward the purchase price of the Goods.

TERMS OF PAYMENT

Unless otherwise specifically agreed in writing by Dealer, the total price is due and payable to Dealer, without setoff or other deductions or charges, on the Delivery Date (as hereinafter defined). All amounts shall be paid in $US. If Buyer fails to fulfill the terms of payment or to comply with any other provision of this Contract, Dealer may (a) defer performance under this and any other purchase orders of Buyer; (b) revise its terms of payment and/or credit; or (c) without waiving any other rights it may have, terminate this Contract. Dealer reserves the right before placing an order for any additional Goods to require from Buyer payment in cash or satisfactory security for performance of Buyer’s obligations if, in Dealer’s sole opinion, the credit or financial condition of Buyer is, or is about to become, impaired. In the event Buyer fails to make payment of the purchase price or any other amounts due under this Contract, when due, Dealer shall have the right to employ attorneys to collect the balance due and Buyer agrees to pay all collection costs incurred by Dealer, including Dealer’s attorney’s fees.

DELIVERY

Unless otherwise specifically agreed in writing by Dealer, Buyer shall take delivery of the Goods on the date the Goods are ready for delivery, as determined by Dealer in its sole discretion (the “Delivery Date”). Dealer will endeavor to provide Buyer advance written notice of the Delivery Date. If Buyer fails to take delivery on the Delivery Date, Dealer reserves the right to sell the Goods without notice or liability to Buyer. If delivery of Goods is delayed by or at the request of Buyer, Dealer may store the Goods on Dealer’s premises at Buyer’s risk, and Buyer shall pay all storage charges and other incidental expenses incurred by Dealer as a result of the delay.

INSPECTION

Buyer will have the right, during normal business hours at Dealer’s location, to inspect the Goods for defects and nonconformance and to notify Dealer, in writing, of any defects, nonconformance, or rejection of the Goods. Buyer will be deemed to have inspected and irrevocably accepted all Goods unless written notice of rejection, specifying the basis therefore in reasonable detail, is provided to Dealer on or before the Delivery Date. After acceptance, Buyer will have no right to reject the Goods for any reason or revoke acceptance.

DELIVERY DELAYS

Any delivery dates or other schedule of performance by Dealer are approximations, and the sole obligation of Dealer with respect to the schedule of delivery or performance will be to use commercially reasonable efforts to deliver the Goods, or otherwise to perform, consistent with the reasonable demands of its business. In any event, Dealer will have no liability to Buyer or any other person for delays in performance due to strikes or labor disputes of any type; accidents, fire, floods, acts of God, or actions by governmental authorities; acts, omissions, or delays of Buyer, manufacturer, or any other third party; shortages of labor; or without limitation of the above, for any causes reasonably beyond the control of Dealer.

TITLE AND RISK OF LOSS

Risk of loss or damage to the Goods will pass to Buyer upon acceptance of the Goods pursuant to Section 7 of these Terms and Conditions, or as otherwise specifically indicated in the Contract. Title to all Goods shall remain in Dealer until all terms of payment have been satisfied.

PARTIES TO THE CONTRACT

The provisions of this Contract are and will be for the benefit of Dealer and Buyer only and are not for the benefit of any third party, and accordingly, no third party shall have the right to enforce any provision of this Contract. Any reference to the manufacturer of Goods is for the sole purpose of generally indicating the source of the Goods.

CHANGE IN THE CONTRACT PRICE

If the price to Dealer of new Goods of the series and body type ordered by the Buyer is increased by manufacturer prior to delivery of said Goods to Buyer, Dealer reserves the right to increase the cash delivered price of such Goods to Buyer accordingly. If such cash delivered price is increased by the Dealer by more than five (5.0%) of the purchase price stated in the accepted Purchase Agreement, the Buyer may terminate this Contract and receive a refund of the Deposit. If a used item has been traded in as a part of the consideration for the new Goods, the used item shall be returned to Buyer upon payment of a reasonable charge for storage and repairs (if any) or, if such used item has been previously sold by Dealer, the amount received therefor, less a selling commission of 15% and any expense incurred in storing, insuring, conditioning or advertising the used item for sale, shall be returned to the Buyer.

MANUFACTURER’S DESIGN CHANGES

In the event the manufacturer changes or modifies the design of, or any part or accessory of the new Goods after Buyer’s order has been entered by the Dealer, the Buyer shall have no claim or right against the Dealer should the Buyer’s new Goods not contain such changes or modifications, nor shall the Dealer be required to effect such changes or modifications to the Buyer’s new Goods.

CHANGES OTHER THAN MANUFACTURER’S DESIGN CHANGES

If the ordered Goods are not equipped in accordance with this Contract on the Delivery Date, the Buyer may either refuse to accept delivery and terminate this Contract, with no loss of Deposit, or Buyer may proceed with the purchase of the new Goods and the parties will negotiate in good faith to adjust the purchase price to account for the fact that the Goods are not equipped in accordance with this Contract.

EVIDENCE OF TITLE

Any used item delivered by the Buyer to the Dealer in connection with this transaction shall be accompanied by title documents sufficient to enable the Dealer to obtain a title to the item in accordance with applicable state law. The Buyer represents and warrants that it has the right to sell or otherwise convey title to such item and that such item is free and clear of liens or encumbrances, except as may be noted on the accepted Invoice.

APPRAISAL OF USED ITEM

If a used item is being traded in by Buyer as part of the purchase price and the delivery to the Dealer will not be made until delivery of the Buyer’s new Goods, the Dealer shall have the right to reappraise the Buyer’s used item at the time of delivery of the new Goods. The reappraised amount shall be the amount allocated for the used item in this transaction.

MANUFACTURER’S WARRANTY – DISCLAIMER OF WARRANTIES

UNLESS A SEPARATE WRITTEN DOCUMENT SHOWING TERMS OF ANY DEALER OR MANUFACTUERER WARRANTY OR SERVICE CONTRACT IS FURNISHED BY THE DEALER TO THE BUYER, THE GOODS ARE SOLD “AS-IS”, “WHERE-IS”, AND DEALER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO THE GOODS, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DEALER WILL TRANSFER TO BUYER ANY WARRANTY EXTENDED BY THE MANUFACTURER OF THE GOODS, PROVIDED SUCH WARRANTY IS TRANSFERABLE. THE SOLE REMEDY AVAILABLE TO BUYER WITH RESPECT TO DEFECTS IN THE GOODS WILL BE AGAINST THE MANUFACTURER UNDER ANY APPLICABLE MANUFACTURER’S WARRANTY TO THE EXTENT AVAILABLE TO BUYER. If the Goods, or any portion thereof, are resold by Buyer, Buyer will include in its agreement for resale provisions that limit recoveries in accordance with the Contract. In case of Buyer’s failure to include in any agreement for resale the terms providing for such limitations, Buyer will indemnify, defend and hold Dealer harmless against any liability, loss, cost, damage, or expense (including attorney’s fees) arising out of or resulting from the failure. BUYER ASSUMES FULL RESPONSIBILITY THAT THE GOODS PURCHASED UNDER THE CONTRACT MEET THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND DEALER MAKES NO REPRESENTATION WITH RESPECT TO THEM.

LIMITATION ON LIABILITY

Dealer shall not be liable to Buyer for incidental or consequential damages of any kind, whether based in contract or tort, including but not limited to: lost profits, loss of financing, lost production, additional labor costs, loss of anticipated profits or goodwill, loss by reason of plant shutdown, nonoperation or increased expense of operation, service interruption, cost of replacement power, claims by customers of any nature, loss of use of capital or revenue, lost revenue, lost bonding, and fines or penalties of any nature. The liability of Dealer to Buyer shall also not in any situation exceed the purchase price of the specific underlying and/or related Goods.

INDEMNITY

Buyer agrees to indemnify, hold harmless, and defend Dealer from and against any claim, action, loss, liability, expense, damage, and/or judgment, including litigation costs and attorney’s fees, which arise or result from the Goods purchased from Dealer. In the event of any action by Dealer to enforce Buyer’s indemnity obligation under this provision, Dealer shall be entitled to recover not only the underlying attorney’s fees and costs pursuant to the indemnity obligation, but also the attorney’s fees and costs incurred in connection with the enforcement action.

BUYER DEFAULT

in the event of default under this Contract by the Buyer, the Dealer shall have the right to retain any Deposit made by Buyer, and, in the event a used item has been traded in as a part of the consideration for the Goods ordered hereunder, to sell such used item and reimburse itself out of the proceeds of such sale for the expenses for such other expenses and losses as Dealer may incur or suffer as a result of such default. In addition, Buyer will promptly pay to Dealer on demand all direct and indirect costs (including, without limitation, reimbursement for direct costs assessed by the manufacturer) incurred directly or indirectly by Dealer in connection with the Contract, all as reasonably determined by Dealer, plus a ten (10%) percent profit. SAVINGS CLAUSE If any provision of this Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Contract shall nonetheless remain in full force and effect.

Mileage Disclaimer

The mileage shown on Bill of Sale of other documents for the Goods sold hereunder at the time of delivery to Buyer is believed by Dealer to be the actual mileage of the Goods unless otherwise disclosed; however, Dealer makes no warranty or representations as the actual mileage that said of new or used Goods have been driven, and hereby expressly disclaims any liability for damages which may be asserted by Buyer or his transferees or assigns in the event such mileage as shown shall not be correct.

 MODIFICATIONS AND WAIVER—ENTIRE AGREEMENT

Neither party has rights, warranties, or conditions expressed or implied, statutory or otherwise, other than those contained in the Contract. The Contract contains the entire agreement between Dealer and Buyer and can be modified or rescinded only by a writing signed by both parties. No waiver of any provision of the Contract will be binding unless in writing signed by an authorized representative of the party against whom the waiver is asserted, and unless expressly made generally applicable, will apply only to the specific case for which the waiver is given. Failure of either party to insist on strict performance of the Contract will not be construed as a waiver of any term or condition of the Contract. In the event of any conflict between these Terms and Conditions and any other term or condition on any Invoice or other document or communication, the term or condition imposing the greatest burden on Buyer shall control.

Applicable Law; Jurisdiction

These Terms of use will be governed by the laws of the United States and the State of Iowa. In the Event of any lawsuits or legal action brought forth, the jurisdiction shall be in Van Buren County, Iowa District Court.