TERMS OF SERVICE AGREEMENT
Effective Date: 22 August 2009 Last Updated: 03 May 2024
Introduction
Welcome to Wilkerson Trailers, a Texas-based trailer dealership specializing in horse trailers, livestock trailers, living quarters trailers, stock trailers, and cargo trailers. Your access to and use of our website, services, and products are conditioned on your acceptance of and compliance with these Terms of Service.
These Terms of Service define the terms and conditions upon which you are allowed to access and use our website, services, and products. Please read this agreement carefully, as it contains important information about your rights and obligations.
By accessing and using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Definitions
Key Terms
- “Company,” “Wilkerson Trailers,” “we,” “us,” or “our” means Wilkerson Trailers and its affiliates and subsidiaries.
- “Site” or “Website” refers to our online platform at wilkersontrailers.com, including all content, functionality, and services.
- “Services” refers to trailer sales, customer support, delivery coordination, trade-in services, and related activities.
- “Products” means horse trailers, livestock trailers, living quarters trailers, stock trailers, cargo trailers, and any related accessories.
- “Customer,” “you,” or “your” refers to the person, entity, organization, or company that accesses and uses our website and services.
- “Agreement” refers to these Terms of Service and any additional terms that may apply to specific services or products.
Account Registration and Security
User Accounts
- Certain services may require you to create an account by providing a valid email address and creating a secure password.
- You are responsible for maintaining the confidentiality and security of your account credentials.
- You must immediately notify us of any unauthorized account access or security breach.
- You are responsible for all activities that occur under your account.
- You must provide accurate, current, and complete information during registration and keep your account information updated.
Account Termination
We reserve the right to suspend or terminate your account at any time for:
- Violation of these Terms of Service
- Fraudulent or illegal activity
- Providing false or misleading information
- Failure to pay for purchased products or services
Ordering and Payment Terms
Order Process
- All orders placed through our website or other channels are subject to acceptance by Wilkerson Trailers.
- We reserve the right to refuse or cancel any order at our discretion.
- Order confirmation does not guarantee product availability or final acceptance.
- Prices and product availability are subject to change without prior notice.
Payment Terms
Accepted Payment Method:
- Bank transfer (wire transfer) is our exclusive payment method
- All payments must be in US Dollars (USD)
- Payment is due in full before order processing and shipment
Payment Process:
- Complete banking details will be provided upon order confirmation
- Payment must be initiated within 48 hours of order confirmation
- Orders will be processed upon receipt and verification of payment
- Payment confirmation must be provided to our team immediately after transfer initiation
Pricing and Taxes
- All prices are listed in US Dollars and are subject to change
- Prices do not include applicable taxes, fees, or shipping costs unless specifically stated
- Customer is responsible for any applicable sales tax, use tax, or other taxes
- International customers are responsible for import duties, customs fees, and related charges
Product Information and Warranty
Product Descriptions
- Product specifications, features, colors, and images may vary and are subject to change without notice
- We strive for accuracy but do not warrant that product descriptions are complete, reliable, or error-free
- Actual products may differ from website images due to photography, monitor settings, and manufacturing variations
Warranty Information
- Products are warranted according to manufacturer specifications and warranty terms
- Warranty coverage varies by manufacturer and product type
- Detailed warranty information is provided with each product purchase
- Warranty claims must be processed according to manufacturer procedures
- Wilkerson Trailers facilitates warranty claims but is not responsible for manufacturer warranty coverage
Product Availability
- Product availability is subject to prior sale and manufacturer availability
- We reserve the right to discontinue products or modify specifications
- Back-ordered items will be communicated with estimated delivery timeframes
Shipping and Delivery
Delivery Terms
- Shipping costs and estimated delivery times are outlined in our Shipping Policy
- Standard delivery cost is $750 USD for most US locations
- Delivery dates are estimates and may be affected by circumstances beyond our control
- International shipping available with additional requirements and costs
Delivery Process
- Customer must inspect trailers immediately upon delivery
- Any damage or discrepancies must be reported to both the carrier and Wilkerson Trailers immediately
- Customer must be present (age 18+) to accept delivery and sign delivery confirmation
- Delivery to accessible locations only; customer responsible for final positioning
Risk of Loss
- Risk of loss and title passes to customer upon delivery acceptance
- Customer is responsible for insurance coverage after delivery acceptance
Return and Refund Policy
Return Eligibility
- Returns accepted within 14 days of delivery for unused products
- Product must be in original condition with all accessories and documentation
- Customer responsible for return shipping costs
- Restocking fee of 15% may apply to returned products
Refund Process
- Refunds processed within 10 business days of approved return receipt
- Refunds issued via bank transfer to original payment account
- Shipping costs are non-refundable unless product defect or shipping error
- Custom or modified products are non-returnable unless defective
Exchanges
- Product exchanges subject to availability and price differences
- Exchange shipping costs are customer responsibility
- Custom modifications void exchange eligibility
Customer Support and Service
Support Availability
Wilkerson Trailers provides customer support through:
- Telephone during business hours
- Email support with response within 24 hours
- Website inquiry form
Contact Information:
- Phone: [Phone Number]
- Email: support@wilkersontrailers.com
- Address: 1752 Co Rd 10, Weimar, TX 78962
- Business Hours: Monday-Friday (8:00 AM to 5:00 PM)
Service Expectations
- We strive to provide professional and responsive customer service
- Support hours and response times may vary during holidays and peak seasons
- Complex technical issues may require additional response time
Intellectual Property
Company Rights
- Wilkerson Trailers retains all rights to website content, trademarks, logos, and trade dress
- No permission granted to reproduce, distribute, or modify our intellectual property without written consent
- Product images and descriptions are proprietary and protected by copyright
User Content
- Any content you submit (reviews, testimonials, images) may be used by us for marketing purposes
- You retain ownership of your submitted content but grant us usage rights
- You warrant that submitted content does not violate third-party rights
Disclaimer of Warranties
Legal Disclaimers
WILKERSON TRAILERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
PRODUCTS ARE SOLD “AS IS” WITH ALL FAULTS. WE DO NOT WARRANT THAT:
- Products will meet your specific requirements
- Website operation will be uninterrupted or error-free
- Defects will be corrected
- Website content is accurate or complete
Limitation of Liability
Liability Limits
WILKERSON TRAILERS’ TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM.
WE SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Lost profits, revenue, or business opportunities
- Data loss or corruption
- Personal injury or property damage (except as required by law)
- Delays or failures due to circumstances beyond our control
Force Majeure
We are not liable for delays or failures caused by:
- Natural disasters, weather conditions, or acts of God
- Government actions, laws, or regulations
- Labor disputes, strikes, or work stoppages
- Supplier failures or material shortages
- Transportation disruptions or carrier issues
Governing Law and Jurisdiction
Legal Framework
- These Terms of Service are governed by Texas state law and federal US law
- Any disputes will be resolved in the courts of Texas
- If any provision is deemed invalid, the remaining provisions remain in effect
- These terms constitute the entire agreement between parties
Dispute Resolution
- Good faith efforts will be made to resolve disputes through direct communication
- Binding arbitration may be required for certain disputes
- Class action lawsuits are waived where legally permissible
Privacy and Data Protection
Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. The Privacy Policy is incorporated into these Terms of Service by reference.
Terms of Service Changes
Modification Rights
- Wilkerson Trailers reserves the right to modify these Terms of Service at any time
- Changes will be posted on our website with updated effective date
- Material changes will be communicated via email to registered users
- Continued use after changes constitutes acceptance of modified terms
Notification Process
- Check our website regularly for updated terms
- Email notifications sent for significant changes
- Your continued use indicates agreement to updated terms
Miscellaneous Provisions
Entire Agreement
These Terms of Service, together with our Privacy Policy and Shipping Policy, constitute the entire agreement between you and Wilkerson Trailers regarding your use of our website and services.
Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Waiver
Our failure to enforce any provision of these Terms of Service does not constitute a waiver of that provision or any other provision.
Contact Information
Questions and Concerns
If you have questions or concerns about these Terms of Service, please contact us:
Wilkerson Trailers Address: 1752 Co Rd 10, Weimar, TX 78962, United States Phone: [Phone Number] Email: support@wilkersontrailers.com Business Hours: Monday-Friday (8:00 AM to 5:00 PM)
By accessing and using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
These Terms of Service were last updated on 03 May 2024 and are effective immediately.