Terms

General Terms and Conditions:

All of our parts are shipped throught our parts division,  with these terms and conditions:

All transactions between you the Customer (Customer) and Tex-Trail, Inc. (TEX-TRAIL) are subject to the following General Terms and Conditions:

1. All prices are expressed in United States dollars, and are F.O.B. Odessa, Texas or Mt. Pleasant, Texas. Prices are subject to change without notice, and prices in effect at time of delivery/shipment will apply. Special quotes given on items not shown in TEX-TRAIL'S catalog are valid only for the period specified in writing, or 30 days if no period is specified in writing.

2. Unless otherwise agreed to in writing by TEX-TRAIL, and Customer, terms are payment by Cash on Delivery (COD),

3. Invoices not paid within 30 days of the invoice date will bear interest at the maximum rate allowed by state law. If unpaid amounts are turned over to an attorney for collection, Customer shall pay all costs of collection, including reasonable attorney's fees and court costs.

4. Title to items sold and risk of loss and damage shall pass to Customer upon delivery by TEX-TRAIL to common carrier or Customer, as the case may be, except that title to (but not risk of loss) shall in the case of items supplied upon credit terms not pass until payment in full has been received by TEX-TRAIL.

5. Customer agrees to assume all risks incident to the care, handling and use of all products purchased; and warrants, by purchase of an item, that Customer is familiar with the item and its proper use. Before using any item, Customer shall give such item reasonable and prudent examination and/or tests to determine the suitability of item for Customer's intended use. Any item delivered to Customer shall be deemed accepted by Customer unless written notice of defect or nonconformity is received by TEX-TRAIL within thirty (30) days after date of delivery. Customer assumes all risk and liability in connection with an item from time of delivery to Customer.

6. Customer agrees to indemnify TEX-TRAIL and save TEX-TRAIL harmless and free from liability against any and all claims, damages or assertion of liability of every nature whatsoever to persons or property arising out of or in connection with the handling or use of all such products as TEX-TRAIL may cause to be delivered to Customer, including but not limited to, any and all claims based on asserted defects of material or workmanship of such products.

7. TEX-TRAIL does not warrant any product, components or parts not manufactured by TEX-TRAIL and covered by a manufacturers warranty. TEX-TRAIL does not warrant damage caused by use of any equipment, materials or supplies for purposes other than those for which the equipment, materials or supplies were designed. TEX-TRAIL does not warrant damage caused by disasters such as fire, flood, wind, and lightning. TEX-TRAIL does not warrant damages caused by unauthorized attachments or modifications to the equipment, materials or supplies. TEX-TRAIL does not warrant defects caused by failure of Customer to follow all instructions, maintenance schedules, or warnings provided with the equipment, material or supplies.

8. EXCEPT AS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED OFFICER OF TEX-TRAIL, TEX-TRAIL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. In no case shall TEX-TRAIL be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Such damages include but are not limited to, loss of profits, loss of savings or revenue, loss of use of the equipment, materials or supplies or any associated equipment, cost of capital, cost of any substitute equipment, materials or supplies facilities or services, downtime, the claims of third-parties including the Customers of Customer, and injury to property. This limitation does not apply to damages caused by breach of warranty of title nor to claims for personal injury. Some states do not allow limits on warranties or on remedies for breach of certain transactions. In such states, the limits in this paragraph and in the paragraph immediately preceding may not apply.