OUR WARRANTYWe work hard every day to produce the finest trailers in the industry. Vanguard National Trailer Corporation backs it up with our 5 year Limited Warranty. Contact Vanguard for any of your Warranty needs.
289 East Water Tower Drive - Monon, IN 47959
Telephone: 888-253-3008 | Fax: 219-253-1899
Email: Jeff Hintz
Vanguard National Trailer ("Manufacturer") hereby warrants to the original purchaser ("Purchaser") of each new Vanguard National Trailer, trailer van, container, chassis, and converter dolly ("Product") that the Product will be free from defects in materials and workmanship for a period of five years, if properly maintained and used in normal service. "Normal service" means usage in the manner and for the purposes for which such Products are customarily utilized, and includes the loading, unloading and carriage of uniformly distributed legal loads of noncorrosive cargo, properly secured, in a manner that does not subject the Product to strains or impacts greater than those normally imposed during lawful use on well-maintained public roads, with a gross vehicle weight that does not exceed the gross vehicle weight rating (GVWR) specified on the vehicle identification plate affixed to the vehicle by the Manufacturer prior to delivery.
"Normal service" does not include usage that imparts a load application to the sidewalls of 100 inch or greater inside width van trailer, such as the loading of carpets, paper rolls, tires or similar materials. Trailers used in those types of applications must be specifically designed to accommodate the side wall stresses.
Manufacturer's sole obligation under this limited warranty is to repair or replace, at its option, any part or component of the Product that was furnished and installed by Manufacturer and that proves defective in material and/or workmanship during the first sixty (60) months following the date of delivery to the Purchaser. Such repair or replacement will be performed by Manufacturer or, with Manufacturer's prior express authorization, at a repair facility designated or approved by Manufacturer. Manufacturer assumes no responsibility to reimburse Purchaser or pay for repairs made without Manufacturer's prior express authorization or at repair facilities not designated or approved by Manufacturer.
As a pre-condition to Manufacturer's obligation under this limited warranty, Purchaser must notify Manufacturer of any product defect promptly upon discovery, and return Product to Manufacturer or, at Manufacturer's direction, to a repair facility designated by Manufacturer, within ten (10) days after Manufacturer requests its return for inspection and/or repair or replacement.
WAIVERS AND DISCLAIMERS
THE LIMITED WARRANTY PROVIDED HEREIN IS EXPRESSLY IN LIEU OF, AND PURCHASER HEREBY WAIVES, ANY AND ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. MANUFACTURER EXPRESSLY DISCLAIMS AND PURCHASER HEREBY WAIVES ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY WARRANTY THAT EXTENDS TO USES OF THE PRODUCT BEYOND NORMAL SERVICE AS DEFINED HEREIN.
The limited warranty herein does not apply to, and Manufacturer makes no warranties, whether written or oral, expressed or implied, with respect to:
1) Parts, accessories, or other goods made or distributed by other manufacturers which are installed on the Product in accordance with Purchaser's specifications or requirements. Manufacturer will assign to Purchaser any warranties extended to Manufacturer by the makers or suppliers of such items.
2) Used goods delivered hereunder, regardless of their manufacturer, all of which are delivered "AS IS".
3) Components of any Product which, after delivery to the Purchaser, were repaired or altered by anyone other than Manufacturer or one of its authorized service representatives, unless, in Manufacturer's reasonable opinion, such repairs or alterations are in no way responsible for the condition complained of.
4) Parts, accessories or components supplied by Manufacturer which, due to ordinary wear and tear, need replacement during the warranty period, including, for example, but without limitation, light bulbs, brake linings and brake drums.
5) Normal deterioration of sheet metal, aluminum, paint, trim and appearance items resulting from use and exposure to the elements.
6) Tires and other components as to which a separate supplier's warranty applies.
LIMITATIONS OF MANUFACTURER'S LIABILITY
PURCHASER'S SOLE REMEDY FOR ANY DEFECT IN THE PRODUCT, OR ANY COMPONENT OR PART THEREOF, IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE ITEM AT THE MANUFACTURER'S SOLE OPTION.
MANUFACTURER SHALL HAVE NO LIABILITY FOR ANY CARGO LOSS, LOSS OF USE, LOST PROFITS, LOSS OF GOOD WILL, STORAGE, TOWING OR OTHER TRANSPORTATION COSTS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUSTAINED BY PURCHASER OR BY PURCHASER'S CUSTOMERS, ARISING OUT OF ANY ALLEGED DEFECT, OR BREACH OR FAILURE OF WARRANTY.
Vanguard National Trailer
Date of Purchase:
TERMS AND CONDITIONS
1. Customer agrees to pay the full amount of any balance due for the goods when delivery thereof is tendered unless an alternate form of settlement is specified on the face of this Order. Manufacturer may, in its sole discretion and upon reasonable notice to Customer, change the method of settlement, which may include, without limitation, full payment in cash on delivery, if such action in Manufacturer's sole opinion, is required by changes in Customer's ability to perform its obligations hereunder.
2. By signing this Order, Customer represents to Manufacturer that Customer is not insolvent as that term is defined by the Uniform Commercial Code. Customer hereby grants Manufacturer a security interest in these goods to secure payment. Where permitted by law, Customer authorizes Manufacturer to file financing and continuation statements, and amendments thereto, relating to the goods; signed only by the Manufacturer as agent or attorney in fact for Customer.
3. Customer shall pay Manufacturer at the rate of 1-1/2% per month (18% per annum) or the highest lawful rate of interest permissible under applicable law; whichever is less, on all accounts more than 15 days past due. If action or suit is instituted for the enforcement of any of Manufacturer's rights hereunder (including, without limiting the generality thereof, the right to payment for goods or services to which these terms and conditions apply). Customer agrees to pay all expenses incurred by Manufacturer in connection with such suit including reasonable attorney's fees and court costs.
4. Manufacturer reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Customer of its obligation to accept remaining deliveries.
5. Customer agrees to pay any state or local tax, excluding income or gross receipts taxes, imposed by any taxing authority as a result of this transaction, or of the manufacture, sale, ownership, use of the goods described herein, or upon the receipts or earnings therefrom, and to reimburse Manufacturer with respect to any such tax which Manufacturer is required to pay. If the price quoted does not include Federal Excise Tax, Customer shall pay or reimburse Manufacturer for applicable Federal Excise Tax.
6. Unless otherwise agreed to in writing between Customer and Manufacturer, the price of goods ordered hereunder is F.O.B. Manufacturer's factory and delivery hereunder shall occur at Manufacturer's factory, and any transportation therefrom is for the Customer's account and Customer shall be responsible for shipment of the goods, any freight charges, risk of loss or damage therefor, and insurance thereof, from and after the time the goods are delivered to the freight carrier at the Manufacturer's factory.
7. The offer of Customer contained in this Order may not be withdrawn, and this Order becomes a contract binding upon the parties when accepted by Manufacturer in the manner provided herein. Any cancellation of its order by Customer shall be a breach of the contract by Customer.
8. The risk of loss of any goods ordered hereunder shall pass to Customer when Manufacturer tenders delivery thereof to Customer, any common or contract carrier for delivery to customer or any representative of customer, including but not limited to any common or contract carrier, bailee, agent, spouse or employee of Customer, or in any manner specified by Customer.
9. Manufacturer will use reasonable means to deliver the goods on the desired delivery date as shown on the face hereof, but customer hereby agrees time is not of the essence and Manufacturer shall have no liability for any loss or damage arising out of any delay in delivery to a date later than the desired delivery date. Title to the goods shall remain in the Manufacturer until such time as the Manufacturer has been paid in full for the goods and until all other outstanding accounts due from the Customer to the Manufacturer have been paid in full. If the Customer shall fail to make any payment when due, or (1) if a receiver or administrator is appointed for the Customer or for any of its assets, or (ii) if a liquidator is appointed or, (iii) if the Customer goes into voluntary liquidation or calls a meeting of or makes an arrangement or composition with creditors, or (iv) upon the commencement of any voluntary proceeding in bankruptcy is initiated against the Customer and such proceeding is not dismissed within sixty (60) days after the filing date, or (v) if distress or execution is threatened or levied on the goods, then the Manufacturer shall be entitled, without prior notice, to enter upon any premises of the Customer to repossess or remove, or at the Manufacturer's election label, mark or list the goods.
10. All claims other than warranty claims by Customer in connection herewith shall be deemed waived unless made in writing and delivered to Manufacturer within ten (10) days after receipt of the goods by Customer.
11. With respect to goods or parts thereof manufactured or produced in accordance with designs, design information, specifications, processes or formulas supplied by Customer, Customer shall indemnify and save harmless Manufacturer, its subsidiaries and affiliates, their successors and assigns and their officers, directors and employees against any and all loss, damage, cost, fees (including without limiting the generality of the foregoing, reasonable attorney's fees), expenses, liabilities, claims, suits, proceedings and actions arising out of or in connection with any actual or alleged infringement of any letters patent, trademark, trade secret or similar rights relating to the manufacture and sale of such goods or to any damages suffered by any third parties as a result of Manufacturer following such designs, design information, specifications, processes or formulas supplied by Customer.
12. In the event Manufacturer is required to make changes in or additions to the goods as a result of applicable law or a request received from the Customer, prior to the delivery of the goods to the Customer, the price of the goods shall be increased to include Manufacturer's usual charges for such changes or additions.
13. It is understood and agreed that this order embodies the complete understanding of Manufacturer and Customer relative to this Order and that the written provisions of this Order may not be revised or modified in any way except by a written instrument specifically purporting to do so and signed by the Customer and a corporate officer of Manufacturer.
14. This contract may not be assigned by Customer without Manufacturer's express written consent.
15. This contract shall be governed by and construed in accordance with the laws of the state of Indiana, including the Uniform Commercial Code as adopted in the state of Indiana.
The NHTSA ruling in 49 CFR 575 specifies specific language, which must be furnished with the sales documentation and reads as follows:
"If you believe that your vehicle has a defect which would cause injury or death, you should immediately inform the National Highway Traffic Safety Administration (NHTSA) in addition to notifying Vanguard National Trailer Corporation.
If NHTSA receives similar complaints, it may open an investigation, and if it finds that a safety defect exists in a group of vehicles, it may order a recall and remedy campaign. However, NHTSA cannot be involved in individual problems between you or Vanguard National Trailer Corporation.
To contact NHTSA, you may either call the AUTO Safety Hotline toll free at 1-800-242-9393 (or 366-0123 in Washington D.C. area) or write to: NHTSA, U.S. Department of Transportation, Washington, D.C. 20606. You can also obtain other information about motor safety from the HOTLINE."