TRUCKLIST.COM USER AGREEMENT
This User Agreement is Subject to Change.
1. Site and Services: The
TRUCKLIST.COM web Site (the “Site”) and services offered herein are
provided to you by Asset Appraisal Services, Inc. (“AAS”) subject to the
following Agreement (“Agreement”) and any operating rules or policies that may
be published from time to time by AAS, including without limitation AAS’s Privacy
Policy, which is incorporated into and made a part of this Agreement.
Before you subscribe to and/or begin participating in or using the Site, AAS
requires that you read and accept the following Agreement. Please carefully
review this Agreement. If you do not agree to this Agreement, you may not access
or otherwise use the Site.
The terms "we",
"us", and "Company" refers to AAS, a Nebraska corporation,
and "you" refers to the User of this website, to whom we provide our
services.
2. Changes to this Agreement: AAS may, in
its sole discretion, change, modify, add or remove any portion of this
Agreement, in whole or in part, at any time, by posting a new Agreement to the
Site. Your continued use of the Site after such changes are posted will
constitute your agreement to such changed Agreement.
3. Site is Only a Venue: The Site is only
a venue for registered Site users (each a “User” and collectively “Users”) to
purchase heavy transportation equipment (hereinafter referred to as “Equipment”
“Posted Item” or “Unit(s)”). No statement
in this Site is to be construed as furnishing advice or being a recommendation,
solicitation or offer to buy or sell any Equipment. The purchase of
Equipment on the Site involves risk, and Users should be experienced in the
trade. Users will bid on and purchase used Equipment that will be
provided with no guarantees of sale by any seller listed on the
Site (“Sellers”). AAS is
not involved in the actual transactions between Users and Sellers, and
therefore has no control over the quality, safety or legality of the Equipment
advertised, the truth or accuracy of the listings, the ability of Sellers to
sell Equipment, or the ability of Users to buy Equipment. You and
AAS are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
4. Release/Indemnity: AAS does not own,
have title to, or possess any Equipment. While the AAS registration process is
designed to reduce the chance that unqualified Users will participate in the
Site, neither AAS nor the Sellers can guarantee the identity of each User or
the ability of any User to complete a purchase. There may be risks of dealing
with foreign nationals, underage persons or people acting under false
pretense. Because AAS is not and can
not be involved in dealings between Users, in the event that you have a dispute
with another User, you hereby release AAS, its directors, officers, employees
and agents from and against any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. Further, all Users are responsible for any injuries
of whatsoever nature caused to themselves or to third parties by virtue of the
use, operation, or maintenance of any Equipment purchased using the Site and
you hereby indemnify and hold AAS and its subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement and/or your violation of any law or the
rights of a third party. If you are a California
resident, you waive California Civil Code §1542, which says: “A general release
does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor.” Furthermore, AAS
cannot control the information provided by Users which is made available
through the Site. Users may find Site information to be offensive, harmful,
inaccurate or deceptive. Please use caution and common sense when using the
Site.
5. User Requirements/User Information:
Users must be Licensed Dealers and provide AAS with proof of same. A Licensed Dealer shall be defined as a
person or business, having a valid and current license or certificate issue by
the state, province or other governmental entity (where the User is located or
maintains its principal place of business) responsible for the regulation of
Equipment of the kind identified on the Site, that allows the User to purchase
and/or sell (or “re-sell”) Equipment.
Any User who is found not to have a current dealer’s or vehicle sales
license will be suspended from the Site indefinitely. Users from outside of the United States of America must provide
accreditation from either a governmental or financial institution stating the
purpose of their business is purchasing and reselling heavy transportation
equipment. Users of this Site must be
the individuals or entities directly involved in the purchase and/or sale of
the Equipment listed herein. In the course of your use of the Site, you will
provide AAS with certain information including your contact information, your
physical address, e-mail address, and certain proprietary financial
information. By entering into this Agreement, you authorize us to perform an
investigation to determine your qualifications as a Licensed Dealer. This investigation may include contacting
third parties to verify information you have provided to us. In addition, we
may provide any information you provide to us to Sellers using this Site. Sellers are also Users of the Site, and are
limited by this Agreement. However,
Sellers are limited in number and in their use of the Site and AAS provides
separate services to Sellers.
6. Modifications to Site: AAS reserves
the right, for any reason, in its sole discretion, to terminate, change or
suspend any aspect of the Site, including but not limited to content, features
or hours of availability. AAS may impose limits on certain features of the Site
or restrict your access to part or all of the Site or the Site without notice
or penalty.
7. User Registration: The Site is
available only to individuals and businesses that can form legally binding
contracts under applicable law. Upon your acceptance of this Agreement, your
completed Registration Form shall be submitted to AAS. AAS reserves the right
to disapprove your registration or terminate your use of the Site for any
reason at any time, in its sole discretion. Without limiting the foregoing, no
one under the age of 18 may participate in the Site. AAS will notify Users by
e-mail when their Registration Form has been approved. Only registered Users
may use the Site and the services provided therein.
8. User Information: AAS is free to
market the Site to you using your user information provided. Providing false user information is a reason
for immediate termination from the Site.
You are responsible for making any applicable updates to your profile on
the Site. If you need assistance making
updates to the Site call technical support at 1-402-390-0505. By using the Site, you consent to an
“Established Business Relationship” (“EBR”) with AAS, as that term is defined
in the regulatory framework of the national “Do Not Call” and “Do Not Fax”
legislation, and any subsequent legislation relating to electronic mail. See 47 U.S.C. § 227; 15 U.S.C. § 6101; 16
CFR Part 31, et seq.; 47 CFR 64.1200 et seq.
These regulations may require your signature, and by signing this
Agreement you agree to provide us with the signature of an authorized person
allowing AAS to send you facsimile messages and e-mail messages concerning the
Equipment listed on the Site and survey contacts from AAS or any of its
affiliates.
9. E-mail Address, Login ID and Password:
You are solely responsible in all respects for all use of and for protecting
the confidentiality of your email address, your login ID and your password. You
may not share your login ID or your password with any third parties or use such
ID or password for any unauthorized purposes. You agree to notify AAS
immediately of any unauthorized use of any login ID or password or any other
breach of security regarding the Site and services offered therein. Failure to follow the rules outlined in this
section could result in your immediate termination from the Site.
10. User Conduct: As a condition of
your use of this Site, or using any of the information, data or images from the
Site, you warrant and represent to us that you will not use this Site or
information, images or data on the Site, for any illegal purpose, or for any
purpose that is prohibited by this Agreement, and you agree not to: modify,
copy, distribute, transmit, publish, display, license, create derivative works
from or sell any product, services, information or software obtained from this
Site. You are solely responsible for the
content of any Information you post through the Site. You warrant and agree
that, while using the Site, you shall not upload, post, transmit, or
distribute, or otherwise publish through the Site: (a) any materials which: (i)
are unlawful, threatening, harassing or profane; (ii) restrict or inhibit any
other User from using and enjoying the Site; (iii) constitute or encourage
conduct that would constitute a criminal offense or give rise to civil
liability; (iv) contain a virus or other harmful component, advertising of any
kind, or false or misleading indications of origin or statements of fact; or
(v) constitute bulk e-mails, advertisements, solicitations, offers for sale of
goods or services, chain letters, pyramid schemes, investment opportunities or
schemes or other unsolicited commercial communication (except as otherwise
expressly permitted by the Site). You shall not engage in spamming or flooding.
You also warrant and agree that you shall not (1) impersonate or misrepresent
your affiliation with any other person or entity; (2) upload, post, publish,
transmit, reproduce, distribute or in any way exploit any information or other
material obtained through the Site for commercial purposes; or (3) attempt to
gain unauthorized access to other computer systems through the Site.
11. Unauthorized Use:
You agree, by using the Site, that you will not use any robot, spider, scraper
or any other automated means to access the Site without express written
permission from AAS. Additionally, you
agree that you will not: (a) take any action that imposes or may impose, in our
sole discretion, an unreasonable or disproportionately large burden on our
servers, programs, or human assets; (b) copy, reproduce, modify the Site, or
create derivative works from the Site, or distribute or publicly display any
content (except for such content that is owned by you) from the Site, without
the prior express written permission of AAS and of any third party owner of
said content, as applicable; or (c) interfere or attempt to interfere with: the
proper operation of the Site or any activities conducted on the Site.
12. Outage Policy:
TRUCKLIST.COM occasionally experiences
service failures termed “outages” during which bidders cannot place bids on
Equipment or effectively locate items on the Site. In an effort to compensate for this inconvenience, AAS offers the
following:
Hard Outage
A hard outage occurs when you cannot
bid or buy (specifically, View Item pages are inaccessible and/or bidding
functionality is not available) as a result of unscheduled system downtime. A hard outage is an outage of any
noticeable and verifiable amount of time, as determined by AAS, in its sole
discretion, at the physical location where TRUCKLIST.COM is
hosted. Due to certain conditions that
exist on the Internet, Site Users in one region, time zone, or area may observe
what appears to be a hard outage. These problems may be unrelated to a hard
outage. AAS does not distinguish
between hard outages lasting for one hour and hard outages lasting a few
minutes. The important issue with respect to such problems is whether an outage
interferes with a service provided to our Users in a significant way. AAS
offers the following outage policy with respect to such inconveniences:
Posted Items (Equipment listed or
displayed on the Site) scheduled to terminate (end their listing/display)
during a hard outage (or scheduled to terminate one hour after any outage)
shall be de-listed and may be re-listed at a later date. De-listing is the termination of all bidding
by removing the content describing or displaying Equipment from the Site. Posted
Items not scheduled to terminate during a hard outage or one hour after any
outage shall automatically be extended for 24 hours. When listings are extended following a hard outage of one or more
hours, bidding on these listings may be impossible while the end times are
being reset. After the listing end times have been reset, AAS will update
search and listing indexes. Until these index updates are completed, these
listings will be unavailable via search or listings. This re-indexing can take
a few hours. During an outage updates will be posted via a maintenance page.
Please check there for details about the outage and possible listing extensions.
AAS offers the Outage Policy as a courtesy.
However, you may be satisfied with the bidding activity before the extended
listing end time. If you are, you may end your listing at any time by visiting
our End Your Listing page.
13. Technical
Requirements: AAS is not
responsible for, and does not make any warranties, express or implied, related
to connectivity failures unrelated to the server network maintained by AAS.
This includes, but is not limited to, failures or losses related to other
servers, Internet service providers, and/or telephone, cable, satellite,
broadband, and fiber-optic networks.
The Site is built and configured on Microsoft Internet Explorer v5.0 (or
higher), and AAS will not guarantee performance of the Site to any User of the
Site who is not using Microsoft Internet Explorer v6.0 (or higher) for an
Internet browser. The quality of your viewing can be enhanced by ensuring your
monitor is set at a minimum screen resolution of 1280 x 1024 pixels, displaying a
minimum of 256 colors and it is also enhanced by a broadband network
connection. This Site uses JavaScript, Temporary Cookies, Pop-up windows, Adobe
Reader Files, and is designed for use with the latest version of Internet
Explorer. If you currently use older versions of these browsers (including
Internet Explorer 3.0 or earlier, Netscape Navigator 3.0 or earlier and AOL 3.0
or earlier), you may experience technical difficulties with the Site. We
recommend downloading the latest version of Internet Explorer from Microsoft in
order to fully experience our Site.
14. Buyer Conduct: In addition to the
other obligations set forth in this Agreement, if you use the Site to purchase
a Posted Item, you agree to abide by the following:
(a) Qualification to
Bid: You may only use the Site to buy a Posted Item if you are a dealer.
In this event, you must
pay for Equipment with certified funds, with a wire transfer, or through an ACH
(automated clearinghouse) program.
(b) No Retractions;
Firm Purchase Order: If you use the Site to offer to buy a Posted Item, you
acknowledge and agree that if, as of the close of a sale, you have placed the
highest offer to buy the Posted Item, you may not retract or rescind the offer.
You further agree that bidding at the Site’s auction is the legal equivalent of
a firm purchase order. You further agree that, except as expressly set forth in
the Listing Details of a particular Posted Item, all Equipment is
sold “AS IS”, “WHERE IS”, with all faults. You further agree that you will be
subject to the buyer's fee noted on any unit bid on.
(c) Inspections;
Payment and Payment Schedule:
(i) Unless otherwise
specified in the Unit listing, winning bidders will be expected to pay for
their purchases upon receipt of a Unit.
Invoice notifications will be sent via electronic mail no later than two
hours following the close of the sale.
(ii) Unless otherwise
noted, winning bidders will have no more than ten (10) business days following
the end of the sale to dispute the condition of the vehicle.
(d) Where Description
Inaccurate: All disputes related to inaccurate descriptions shall be
governed by the Limited Warranty of AAS.
An explanation of this Warranty is set forth at the end of this
document. Such disputes shall be known
as “Condition Report
Omissions” (“CROs”)
(e) Buyer’s Default:
Winning bidders who fail to purchase Equipment for any reason other than for an
inaccurate description of such Equipment shall be deemed to have engaged in a
“Default” and shall not be permitted to bid on Equipment or to purchase
Equipment on the Site as follows:
(i) In the sole discretion of
AAS, a single Default by a User will result in that User being prohibited from
the Site. If the defaulting User
provides AAS with a letter of credit from a bank or other qualified lending
institution, which letter expresses User’s ability to pay, the User may, in the
sole discretion of AAS, be allowed to use the Site and the letter shall be used
to determine User’s bid limit.
(ii)
In
the sole discretion of AAS, a second Default by a User will result in your
access and privileges to the Site being permanently revoked. For a first or second Default, Your Winning
Bid Deposit attributable to any transaction in which you shall have committed a
Default shall not be refunded to you, and shall be retained by the Seller as
liquidated damages.
15. Auction:
(a) Auction Period:
The auction period ("Auction Period") shall be determined by AAS.
However, AAS reserves the right to start or end an auction at any time. Titled
and non-titled Equipment will be auctioned, and both reserved, absolute, and
buy now formats are available for auctions at the election of Seller. In a
reserved auction, the Seller sets a minimum price for the piece of Equipment or
lot to be sold. If bidding does not reach this minimum price, Seller may
withdraw such piece of Equipment or lot without accepting the highest bid. In
an absolute auction, after AAS calls for bids on a piece of Equipment or lot,
that piece of Equipment or lot may not be withdrawn until the end of such
auction, subject to the terms and conditions of this Agreement.
(b) Minimum Opening
Bids: Sellers agree to set the minimum opening bids for particular
Equipment at prices designated for such Equipment by AAS, if any. If a minimum
opening bid is designated by AAS, AAS will clearly communicate this minimum
opening bid to Seller prior to the end of the Auction Period. Sellers do have the option of creating an
opening bid on unreserved auctions after the auction has opened. All auctions and bids shall be in United
States dollars.
(c) Removal:
Sellers may remove an item from the Site at any time, regardless of where the
unit is in the bidding process. The
seller may or may not explain it’s actions.
Neither AAS nor the seller is responsible for any losses by bidders in
conjunction with use of this Site.
(d) Winning Bids:
AAS is the one and only judge for the determination of winning bids, but AAS
shall not be liable for any errors or omissions relating to such determination,
whether by AAS or some other person.
(e) Last Chance Offer
on Equipment Which Does Not Reach Reserve Price: In a reserved auction,
Seller may choose to offer the Equipment to the highest bid if the reserve
price is never met. In such a case, the new winning bidder is notified and will
have the option of completing the sale at his highest bid price, which must be
at or exceed the minimum bid, and such new winning bidder must respond within 1
business day after notification of being the new winning bidder.
(f) No Price
Manipulation: Sale price manipulation of any kind, directly or indirectly,
by Users is prohibited, including, but not limited to, through a secondary
account, agent or assign, by making offers for your own account and the Posted
Items you have provided, by communicating with other Buyers and Sellers, or by
shill bidding. AAS reserves the right to reject or void bids, whether winning
or not, which it believes have not been made in good faith, are intended to
manipulate the auction process, or are prohibited by applicable law.
(g) Buyer’s Failure
to Complete Sale: If for any reason a winning bidder fails to complete a
sale, Seller may sell to the second highest bidder who met or exceeded the
minimum opening bid, who will then be declared the new winning bidder and will
be notified immediately by AAS. The new winning bidder will have the option of
completing the sale at his highest bid price, which must be at or exceed the
minimum opening bid, and such new winning bidder must respond within 1 business
day after notification of being the new winning bidder.
(h) Postponement and
Cancellation: AAS reserves the right to postpone or cancel any auction in
its own discretion, without notice. AAS will have no liability to prospective
Buyers or Sellers as a result of any withdrawal, cancellation or postponement
of any auction.
16. Freight; Taxes: Except as otherwise
specified in the Listing Details, you acknowledge and agree that
if a successful auction and sale has occurred, then Buyer is responsible for
negotiating and handling shipping and all other costs related to transporting
the Equipment from the “Free on Board” (“FOB”) location. You acknowledge and
agree that AAS does not take any responsibility to calculate, report or remit
sales or use taxes
which may be assessed, due or owing to the taxing authorities of any
jurisdiction for transactions that arise in connection with your use of the
Site. You further acknowledge and agree that you are solely responsible for the
calculation, collection and remittance of any applicable taxes, which may be
incurred or assessed, in connection with your use of the Site.
17. DISCLAIMER OF WARRANTIES: WITH THE
EXCEPTION OF THE LIMITED WARRANTY SET FORTH AT THE END OF THIS DOCUMENT, THE
SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR
ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. AAS DOES NOT WARRANT THAT THE SITE OR THE
FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. AAS MAKES NO
WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS, AND EXPRESSLY DISCLAIMS
ANY WARRANTIES OR GUARANTEES THAT BY POSTING AN ITEM ON THE SITE, THE POSTED
ITEM WILL BE SOLD. AAS MAKES NO ENDORSEMENT OR WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION
ANY EQUIPMENT) OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AAS OR THROUGH THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. AAS EXPRESSLY DISCLAIMS ANY
ENDORSEMENT OR WARRANTY OF ANY GOODS SOLD ON OR THROUGH THE SITE, AND ANY
RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER
USER.
18. LIMITATION OF LIABILITY: IN NO EVENT
SHALL AAS OR ANY SELLER BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER (BE THEY
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO OR ARISING FROM THE USE OF, OR THE INABILITY TO USE THE
SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT
LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST
SALES, EVEN IF AAS OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE
TOTAL LIABILITY OF AAS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR
OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE
AGGREGATE, $100.00.
19. Indemnification: You shall indemnify,
defend and hold AAS, its officers, directors, employees and agents (each an
“Indemnified Party” and collectively, the “Indemnified Parties”), harmless from
and against any and all claims, losses, damages, liabilities, judgments and fees
and expenses related thereto (including, without limitation, reasonable
attorneys’ fees), incurred by any Indemnified Party in connection with any
claims arising out of, based upon or resulting from any breach or violation by
you of this Agreement or any use by you of the Site or as a result of a dispute
with another User. AAS reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and you shall not in any event settle or otherwise
dispose of any matter without the prior written consent of AAS.
20. Termination: This Agreement
constitutes a binding agreement between you and AAS which shall remain in
effect until terminated by you or AAS, which AAS may do at any time, without
notice, in AAS’s sole discretion. If you become dissatisfied with the Site, in
any way, your only recourse is to immediately discontinue use of the Site.
21. Choice of Law; Dispute Resolution:
This Agreement shall be governed by and in accordance with the laws of the
State of Nebraska, without regard to conflicts of laws provisions. Any
controversy involving AAS arising from or in any way related to this Agreement
or your use of the Site shall be heard in the appropriate State or Federal
court in Douglas County, Nebraska and you irrevocably consent to the
jurisdiction of such courts.
22. Notices And Disclosures: Except as
explicitly stated otherwise, any notices shall be given by e-mail to, in the
case of AAS, SUPPORT@TRUCKLIST.COM
or, in the case of a User to either: (a) the e-mail address you provide to AAS
during the registration process, (b) the mailing address provided to AAS during
the registration process, or (c) such other address as you may specify. Notice
shall be deemed given 24 hours after e-mail is sent, unless the sending party
is notified that the e-mail address is invalid or, in the case of mailing, 3
days after the date of mailing.
23. General Provisions: If any provision
of this Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be enforced to the maximum extent
permissible so as to effect the intent of this Agreement, and the remainder of
this Agreement shall continue in full force and effect. The failure by either
you or AAS to exercise or enforce any rights or provisions of this Agreement
shall not constitute a waiver of such right or provision. You agree that any
cause of action arising out of or related to the Site or this Agreement must
commence within 1 year after the cause of action arose; otherwise, such cause
of action is permanently barred. The Agreement comprises the entire agreement
between you and AAS and supersedes all prior agreements between the parties,
regarding the subject matter contained herein. All provisions in this Agreement
regarding representations and warranties, indemnification, disclaimers and
limitations on liability shall survive any termination of this Agreement. The
descriptive headings of the several Sections of this Agreement are inserted for
convenience only and do not constitute a part of this Agreement. Use of this Site constitutes complete
acceptance of this user agreement.
Explanation of Limited
Warranty (05/12/08)
TRUCKLIST.COM and its Sellers are proud to offer a
“limited guarantee of condition” on certain Equipment purchased on
TRUCKLIST.COM. Only Units purchased that are not marked Salvage
are subject to the warranty described below.
Units sold that are marked Salvage will not be covered by this warranty
except in cases that are outlined under the heading “Salvage”.
All claims are subject to approval by TRUCKLIST.COM and the
Seller of the Equipment in question.
TRUCKLIST.COM strongly recommends that the winning
bidder have their own agent perform a brief inspection of purchased Units
before removal from the pick up location.
Condition reports from TRUCKLIST.COM may be printed or e-mailed
by selecting “Dealer Handout” or by simply printing the condition report screen.
TRUCKLIST.COM strongly suggests that all fluids on
purchased trucks be checked before transport from the pick-up location. Failure to do so may cause damage not
covered by this or any other warranty.
WARRANTY CLAIMS THAT
MUST BE MADE BEFORE THE TRUCK LEAVES THE PICK UP LOCATION:
The following situations require winning bidders to make a
“Discrepancy Claim” with TRUCKLIST.COM prior to the purchased Unit
leaving the pick up location. Failure
to make a Discrepancy Claim for the items listed below at the pick-up location
shall result in an automatic denial of the claim by TRUCKLIST.COM.
Claims need to be made verbally by calling 1-402-390-0505. Ask for a Trucklist Administrator.
ECM:
The Unit is damaged, missing or
inoperable.
Tires:
The tire condition of the Unit significantly varies from the description
on TRUCKLIST.COM.
Rims:
The tire rim condition of the Unit significantly varies from the
description on TRUCKLIST.COM.
Clutch:
The clutch is inoperable at the time of pick-up. All claims related to clutch inoperability
made after the Unit leaves the pick up location will be denied.
WARRANTY CLAIMS THAT MAY
BE MADE AFTER THE TRUCK LEAVES THE PICK UP LOCATION:
CONDITION REPORT
OMISSIONS AND DISCREPANCIES
Claims of “Condition Report Omissions” (“CROs”) may be
examined on a limited basis after the unit has left the pick up location.
Inquiries must be directed to TRUCKLIST.COM. Claims may be made online at www.trucklist.com or the
winning bidder may call 1-402-390-0505. Ask for a Trucklist Administrator.
15
DAY LIMITED WARRANTY
I. What This Warranty Covers
Engine:
TRUCKLIST.COM warrants that unless otherwise listed, trucks
sold in the “Public” or “Special” booths will start and run.
This is no claim of the actual quality of the engine, nor is it a
warranty that extends past the fifteen day period following the release of the Unit.
Units purchased that are marked “Salvage/In-Operable” have no
engine warranty.
Transmission:
TRUCKLIST.COM will examine transmission claims on a case-by
case-basis. Transmissions on trucks
purchased that are not marked salavage will be warranted to fully
operational for fifteen days following the release date of the Unit purchased.
Units purchased that are marked “Salvage/In-Operable” have no transmission
warranty.
Rear Axle Assembly:
TRUCKLIST.COM will warrant the operation of rear axle
assemblies for fifteen days following the date of release on Units sold in the
“Public” or “Special” booths to meet or exceed OEM specifications unless otherwise
noted. This is NOT
a warranty for seals or gaskets in the rear axle assembly. Units purchased that are
marked “Salvage/In-Operable” have no rear axle assembly warranty.
Items listed above are subject to the warranty only under
the following conditions:
1.
The
Unit is still in the possession of the winning bidder.
2. The
covered item has not been repaired or removed from the Unit.
3. The
winning bidder makes the Unit available for inspection to AAS and/or the
Seller.
4. The
winning bidder does not engage in the following:
- Operates the Unit with ancillary or peripheral
equipment not furnished or otherwise certified by the manufacturer of the
Unit.
- Allows someone other than AAS to test, adjust, install,
maintain, alter, or modify the Unit in any way. Any of these voids the
warranty.
- Removes, alters or obliterates Vehicle Identification
Numbers.
II.
What the Period of Coverage Is
Fifteen
(15) days from the date the Unit or Units are released to the winning bidder
.
III. Who is Covered
This warranty extends to the winning bidder only.
IV. What We Will Do to Correct
Warranty Problems
At no charge to you, we will have the option to repair or
replace the items listed in Paragraph I that do not conform to the warranty, or
to refund the purchase price and take possession of the Unit. We may use
functionally equivalent reconditioned/refurbished/pre-owned or new products or
parts.
TRUCKLIST.COM will set prices for claims based on
several factors including but limited to: Warranty time, National Fleet Parts
Pricing, Salvage Values, and Real World Examples. TRUCKLIST.COM may or may not disclose the actual source
of its figures. Settlements are considered
confidential in nature and will not be disclosed by TRUCKLIST.COM or
Sellers.
V. How to Get Warranty Service
Filing a claim under this limited warranty is easy. Next to the unit listing on your clipboard,
there is an icon that says “Discrepancy Report”. Click on this icon and follow the on-screen instructions. Please
contact TRUCKLIST.COM with any questions;
402-390-0505, and ask for a Trucklist Administrator.
VI. What This Warranty Does Not
Cover
The
following items will not be warranted by TRUCKLIST.COM:
Air Conditioning:
Components listed as missing on the condition report, Freon or
Re-charging, Freon Leaks, Expansion Valves.
Batteries and Jump
Starts: Regardless of whether or not the vehicle
started during the initial inspection, TRUCKLIST.COM will not cover
battery replacement, jump starting, or costs of damage done to the vehicle
during the commission of jump starting or battery replacement.
Radio:
Missing or in-operable radios are not covered.
Tire Mismatch.
Items Listed or
Pictured on TRUCKLIST.COM.
The Operation of
Attached Components: Including but not limited to the presence or
operation of: Headache Racks, Lift
Gates, Hydraulic Pumps, Dump Boxes, Storage boxes, Insta-chains, aftermarket
chrome, refrigerators.
Ordinary Wear Items: Including
but not limited to: Spring Shackles,
Oil Leaks (Class 1 and 2. Class Three
leaks not covered in the condition report are eligible for a claim), Gaskets, Air Governor, Clutch Brake, Clutch,
Starter, Air Compressor head gasket assembly, Brake Drums, Brake Shoes, Batteries.
Salvage:
All units that are marked “Salvage/In-Operable”
are sold “AS IS WHERE IS”. No guarantee
of condition or repairability is implied.
TRUCKLIST.COM makes no warranty of the unit or it’s
components. Any single unit or portion
of the unit is sold as “FIT FOR NO PARTICULAR PURPOSE.” TRUCKLIST.COM will warrant the
validity of the condition report. For
Example: If the unit had a hood in the
pictures on the condition report on TRUCKLIST.COM and there was no
hood when the purchasing dealer arrived at the pick-up location,
TRUCKLIST.COM would consider this instance a valid claim. MISSING ITEMS ON UNITS SOLD THAT ARE MARKED
“SALVAGE/IN-OPERABLE” MUST BE CLAIMED BEFORE THE VEHICLE LEAVES THE
RELEASE LOCATION.
Other
Items: All other items not specifically listed under the heading
“15 DAY LIMITED WARRANTY” are not covered.
VII. Some Other Limitations
This is TRUCKLIST.COM’S
complete warranty for the Products, and states your exclusive remedies. This
warranty is given in lieu of all other express warranties. Implied warranties,
including without limitation, the implied warranties of merchantability and
fitness for a particular purpose, are given only if specifically required by
applicable law. Otherwise, they are specifically excluded.
In no event shall
TRUCKLIST.COM be liable, whether in contract or tort (including
negligence) for damages in excess of the purchase price of the Unit, or for any
indirect, incidental, special or consequential damages of any kind, or loss of
revenue or profits, loss of business, loss of information or data, or other
financial loss arising out of or in connection with the ability or inability to
use the Units, to the full extent these damages may be disclaimed by law. See
Paragraphs 17 and 18, above.
VIII. State Law and Other
Jurisdiction Rights
Some states and other jurisdictions
do not allow the exclusion or limitation of incidental or consequential damages,
or limitation on the length of an implied warranty, so the above limitations or
exclusions may not apply to you. This warranty gives you specific legal rights, and
you may also have other rights, which vary from jurisdiction to jurisdiction.
QUESTIONS
Questions regarding this limited warranty should be directed
to TRUCKLIST.COM.
Email: support@trucklist.com
Phone: 402-390-0505
Technical
Support: 402-390-0505
Hours of Operation: 8:30am Central Time to 5:00pm Central Time