2016-Oliver-Legacy-Elite-II-Twin-Model - Oliver Travel Trailers
737 Columbia Highway Hohenwald,TN 38462 1-888-526-3978 FAX 931-796-0156 Customer Information Sales Date Phone # Sales Rep Estimated D-Date
All quotes are good for 30 days
05 24 2016 931 796 6600 x 315 sales office
Customer Name Customer Address Pickup Location Model
Oliver Travel Trailers 2016 Floor Model Hohenwald, TN ELITE II
Twin Bed
ELITE
VIN # Color Information Primary Graphic Color Cushion Color
Black kovi k8881
Pricing Information NET Sale (Without Options) Option Prices Sales Tax GROSS Sale Amount (With Options)
Secondary Graphic Color Flooring Style
Grey Canyon Aspin 897 Date Req:
$48,500.00 $10,700.00 N/A $58,950.00
Req By:
Awning Color
Date Rec:
Payment Method: Total:
Deposit Due: Payment Due at constuction: Final Payment Due on Delivery:
Misc. Credit
Options
Qty
Par Price
Line Total
Fiber-Granite Counter Tops (Paradise Beach-White Gel)
$1,800.00
$0.00
Fiber-Granite Counter Tops (Tahoe - Grey Gel) Fiber-Granite Counter Tops (Baltic - Brown Gel) Fiber-Granite Counter Tops (Dakota - Black Gel) WiFi Ranger Elite FM Wilson 4G Cell Phone Amplifier Winegard Roadtrip Mission Satelitte TV Winegard Roadstar Omni-Directional Antenna Rear View Camera Front View Camera Additional Fiamma F45S Awning(Elite II Only) 4 Reading Light Package 30 LB Propane Tank Upgrade (Elite II Only) Propane Quick Connect (Front) Propane Quick Connect (Rear) Four (4) Trojan T-105 (Elite II Only) T-105 Hydrolink Watering System Four (4) Trojan AGM (Elite II Only) Lifeline GPL-4CT AGM Deep Cycle Battery Pkg (Elite Only) 200 Watt Solar Package (Elite Only) 320 Watt Solar Package (Elite II Only) Generator Quick Connect Large-Xantrex Power Inverter/2000W Anderson No-Sway Hitch Additional Outlets Mobile Sleep Components - Serenity 10" (Elite II Only) Mobile Sleep Components -Escape 8 1/2" (Elite II Only) Surge Protector Extended Twin Bed Riser Package (Elite II Only) Receiver Hitch/Bike Mount Storage Basket (Elite II Only) Truma Aquago Tankless Water Heater
$1,800.00 $1,800.00 $1,800.00 $625.00 $625.00 $1,500.00 $250.00 $900.00 $695.00 $1,350.00 $229.00 $99.00 $170.00 $170.00 $500.00 $179.00 $1,075.00 $900.00 $2,300.00 $2,800.00 $469.00 $1,075.00 $700.00 $110.00 $550.00 $550.00 $550.00 $1,000.00 $550.00 $650.00 $1,200.00 $270.00 $250.00 $1,550.00 $800.00 $40.00 $60.00
$0.00 $0.00 $1,800.00 $625.00 $625.00 $0.00 $0.00 $900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,075.00 $0.00 $0.00 $2,800.00 $0.00 $1,075.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $250.00 $1,550.00 $0.00 $0.00 $0.00 $10,700.00
1 1 1
1
1
1 1
Auto Drain Back Flow Preventer Custom Cushion Material Upgrade
1 1
Options Total: Sales Tax All quotes are good for 30 days
grey
Notes
250
N/A Modified By: Date/Time Modified: 1
8/8/2016 9:37
$8,842.50 $20,632.50 $29,475.00 $250.00
OLIVER TRAVEL TRAILER SALES, INC. TERMS AND CONDITIONS OF SALE 1. Offer, Governing Provision, and Cancellation. This writing constitutes an offer to purchase by that party designated as Buyer and identified above to purchase those products described herein in accordance with the following terms and conditions. This writing is not an acceptance by Oliver Travel Trailer Sales, Inc. (hereinafter “Oliver”) of any offer made and acceptance by Oliver of this offer made by Buyer is expressly conditioned upon Buyer’s assent to these terms and conditions. Buyer will be deemed to have assented to these terms and conditions when Buyer signs and delivers this purchase order form, along with a deposit of 15% of the purchase price, to Oliver.
No additional or different terms or conditions will be binding upon Oliver unless specifically agreed in writing by an officer of Oliver. No other representative of Oliver has any authority whatsoever to waive, alter, vary, modify, or add to the terms hereof. Oliver hereby expressly objects to any such additional or different provisions contained in any purchase order or other communication heretofore or hereafter received from Buyer. This contract and these terms and conditions shall constitute the entire agreement between Oliver and Buyer with respect to this specific sale and shall be governed by and shall be construed according to the laws of the State of Tennessee.
No order may be cancelled or altered by the Buyer except upon terms and conditions acceptable to Oliver as evidenced by Oliver’s written consent. 2. Prices. Prices shall be those prices as published in the current Oliver price list as of the date of the order. Oliver reserves the right to change prices of any items at any time without notice.
All prices listed are payable in U.S. dollars. Only standard prices shall be allowed. No representative of Oliver, other than an officer of Oliver, has any authority whatsoever to waive, alter, vary, discount, add to, or in any fashion modify the current list prices.
A second advance payment of 35% of the purchase price will be required when Buyer is notified by Oliver that construction of the unit has commenced. Upon commencement of construction, it is expressly agreed to by Buyer that the original deposit and this second amount are no longer deposited funds but advance payments for construction and are not refundable to Buyer under any circumstance except where Oliver is unable, for any reason, to deliver under this agreement. Depending upon the specifics of the order, an additional advance payment may be required at the time the order is submitted to Oliver as an advance upon customization or other specific work required in order for Oliver to fill the order. Under no circumstances will this advance be refundable to Buyer upon cancellation or termination of the order to the extent such funds have been expended in the performance of the customization or other specific work requested. It is expressly agreed to by Buyer that such advances are not deposits for the purpose of securing an order but rather represent payment in advance for work to be performed by Oliver at Buyer’s specific request. Final payment is due upon delivery unless other terms have been approved by Oliver.
3. Taxes and Other Charges. Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value add tax, duty, custom, inspection, or testing fee or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Oliver and Buyer shall be paid by Buyer in addition to the prices listed herein. In the event that Oliver is required to pay any such tax, fee, or charge, Buyer shall reimburse Oliver therefore or, in lieu of such payment, Buyer shall provide Oliver at the time the order is submitted with an exemption certificate or other document acceptable to the authority imposing the same. 4. Delivery, Claims, and Delays. Shipping terms for all products sold hereunder are FOB Oliver’s facility in Hohenwald, Tennessee. Delivery of products to a carrier at Oliver’s facility or other loading point shall constitute delivery to Buyer. Regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by Buyer. Oliver reserves the right to make delivery of multiple units in installments unless otherwise expressly so stipulated herein. Payment for each installment is due on delivery without regard to subsequent deliveries. All deliveries not in dispute shall be paid for regardless of other controversies relating to other delivered or undelivered products. Delay and delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Method and route of shipment shall be at the discretion of Oliver unless Buyer shall specify otherwise; any additional expense of the method or route of shipment specified by Buyer shall be borne entirely by Buyer.
2
Claims for shortages or other errors in delivery must be made in writing to Oliver within ten (10) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance of all shipments made prior to Oliver’s receipt of Buyer’s notice of claim and shall constitute a waiver of all such claims by Buyer. Claims for lost or damaged products in transit should be made to the carrier and not to Oliver.
All delivery dates are approximate. Oliver shall not be liable for any damages as a result of any delay or failure to timely deliver due to any reason whatsoever. In the event of any such delay, Buyer’s exclusive remedy for any such delay or for Oliver’s inability to deliver for any reason shall be rescission of this agreement. 5. Warranties. GENERAL: Oliver warrants its products to be free of defects in material and workmanship under normal use for a period of one (1) year from the date when first placed in service. FIBERGLASS BODY: Oliver warrants to the original purchaser only that its fiberglass body is free of defects in material and workmanship under normal use for the life of the body. ALUMINUM UNDERCARRAIGE TRAILER: Oliver warrants to the original purchaser only that the aluminum undercarriage trailer, manufactured by Oliver, is free of defects in material and workmanship under normal use for a period of five (5) years from the date when first placed in service.
If any product subject to this warranty shall be shown to Oliver’s satisfaction to be defective, Oliver shall have the option to credit the purchase price of such product or repair or replace such product. Such credit, repair, or replacement shall be Oliver’s sole obligation and Buyer’s exclusive remedy hereunder and shall be conditioned upon Oliver’s timely receipt of written notice of any alleged defect and, at Oliver’s option, return of such products to Oliver FOB Hohenwald, Tennessee. THE WARRANTY CONTAINED IN THIS SECTION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES (EXCEPT OF TITLE) EXPRESSED OR IMPLIED AND OLIVER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Oliver is willing and able to repair or replace defective products or credit the purchase price within ninety (90) days of the date which Oliver determines that such products are defective. Any suggestions by Oliver or Oliver’s agents regarding use, application, or suitability of the product shall not be construed as an express warranty unless confirmed to be such in writing by an officer of Oliver. No other representative of Oliver has authority to modify this warranty in any aspect or to any degree whatsoever. The one year Warranty on Oliver products includes attachment points, furniture, plumbing, heating and electrical systems, LP gas lines, axles, doors, cabinet doors, windows, and related hardware. To submit a warranty claim, Buyer must contact the Oliver service department at 1-888526-3978. Buyer will then receive instructions pertaining to their specific warranty claim. Any repairs made prior to express authorization from Oliver will not be reimbursed by Oliver nor otherwise subject to the terms of the warranty stated herein. This warranty expressly excludes all items of normal maintenance and all damages which result from misuse or abuse [which shall be determined at Oliver’s sole discretion], alteration or modification of the product, damages resulting from environmental exposure such as salt, hail, moisture, chemicals, etc.; and normal maintenance and service items such as light bulbs, fuses, lubricants, seals, waxes, etc. This warranty also expressly excludes all equipment, appliances, and other devices not manufactured by Oliver but which may be installed by Oliver in the production of the Oliver product, including but not limited to ranges, ovens, refrigerators, pumps, heaters, air conditioners, audiovideo equipment, electronic stabilizers and power converters. Each of these items is covered by their own manufacturer’s warranty and warranty claims with regard to such products should be made directly to the appropriate manufacturer. 6. Exclusion of Consequential Damages and Disclaimer of Liability. Oliver’s liability with respect to products sold hereunder shall be limited as provided in section 5 and with respect to other performance shall be limited to the contract price of the portion of the goods on which such liability is based. OLIVER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, OR OTHER THEORIES OF LAW, WITH RESPECT TO GOODS OR SERVICES FURNISHED BY IT OR WITH RESPECT TO ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATED THERETO. Without limiting the generality of the foregoing, Oliver expressly disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits, loss of use of equipment, cost of capital, cost of substitute products, facilities, or sevices, or any other type of economic loss or claim. OLIVER SPECIFICALLY DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER.
7. Indemnification by Buyer. Buyer shall indemnify and hold Oliver, its officers, agents, employees, successors, and assigns harmless from and against any and all losses, damages, or expenses of whatever form or nature (including attorneys fees and other costs of defending any action) which they or any of them may incur as a result of any claim by Buyer or others arising out of or in connection with the products sold to Buyer and not proven to have been caused solely by a breach by Oliver of its express warranties in section 5, above, or caused solely by Oliver’s negligence.
8. Changes and Improvements. Oliver may furnish suitable substitutes for 3 materials or goods unobtainable because of priorities or regulations
8. Changes and Improvements. Oliver may furnish suitable substitutes for materials or goods unobtainable because of priorities or regulations established by governmental authority or the unavailability of material or goods from suppliers. Oliver has no obligation to furnish Buyer with changes in the design or construction of goods previously shipped despite incorporation of such changes in current shipments. If the particular model of goods ordered by Buyer has been replaced by a new model, Oliver may at its option ship the new model of such goods.
9. Severability. The provisions set forth hereunder are severable and if any provision is invalid, void, or unenforceable in whole or in part for any reason whatsoever, the remaining provisions shall remain in full force and effect. 10. Non-Waiver. Oliver’s failure or refusal to insist upon strict performance of any provisions set forth hereunder shall not b e deemed a waiver of Oliver’s rights or remedies or a waiver by Oliver of any subsequent default by Buyer in the performance of or compliance with these terms and conditions of sale. 11. Captions. The captions herein are included for convenience and general reference only and shall not be construed to describe, define, or limit the scope or intent of the provisions of these terms and conditions of sale.
12. Entire Agreement. This instrument constitutes the entire agreement and understanding of the parties and supersedes all prior agreements and understanding relating to the subject matter hereof. No agreements, understanding, restrictions, warranties, or representations exist between or among the parties other than those expressly set forth herein. Once fully executed below, this is a legally binding contract which shall be binding on all parties, consistent with the terms and conditions of sale listed above and which Terms and Conditions are incorporated herein in their entirety. IN WITNESS WHEREOF, the parties have hereto set their hands. BUYER
OLIVER TRAVEL TRAILER SALES, INC.
Name (Buyer 1): ________________________
Name: ________________________________
Name (Buyer 2): ________________________
Title: _________________________________
Date: ________________________________
Date: __________________________________
4
All quotes are good for 30 days
05 24 2016 931 796 6600 x 315 sales office
Customer Name Customer Address Pickup Location Model
Oliver Travel Trailers 2016 Floor Model Hohenwald, TN ELITE II
Twin Bed
ELITE
VIN # Color Information Primary Graphic Color Cushion Color
Black kovi k8881
Pricing Information NET Sale (Without Options) Option Prices Sales Tax GROSS Sale Amount (With Options)
Secondary Graphic Color Flooring Style
Grey Canyon Aspin 897 Date Req:
$48,500.00 $10,700.00 N/A $58,950.00
Req By:
Awning Color
Date Rec:
Payment Method: Total:
Deposit Due: Payment Due at constuction: Final Payment Due on Delivery:
Misc. Credit
Options
Qty
Par Price
Line Total
Fiber-Granite Counter Tops (Paradise Beach-White Gel)
$1,800.00
$0.00
Fiber-Granite Counter Tops (Tahoe - Grey Gel) Fiber-Granite Counter Tops (Baltic - Brown Gel) Fiber-Granite Counter Tops (Dakota - Black Gel) WiFi Ranger Elite FM Wilson 4G Cell Phone Amplifier Winegard Roadtrip Mission Satelitte TV Winegard Roadstar Omni-Directional Antenna Rear View Camera Front View Camera Additional Fiamma F45S Awning(Elite II Only) 4 Reading Light Package 30 LB Propane Tank Upgrade (Elite II Only) Propane Quick Connect (Front) Propane Quick Connect (Rear) Four (4) Trojan T-105 (Elite II Only) T-105 Hydrolink Watering System Four (4) Trojan AGM (Elite II Only) Lifeline GPL-4CT AGM Deep Cycle Battery Pkg (Elite Only) 200 Watt Solar Package (Elite Only) 320 Watt Solar Package (Elite II Only) Generator Quick Connect Large-Xantrex Power Inverter/2000W Anderson No-Sway Hitch Additional Outlets Mobile Sleep Components - Serenity 10" (Elite II Only) Mobile Sleep Components -Escape 8 1/2" (Elite II Only) Surge Protector Extended Twin Bed Riser Package (Elite II Only) Receiver Hitch/Bike Mount Storage Basket (Elite II Only) Truma Aquago Tankless Water Heater
$1,800.00 $1,800.00 $1,800.00 $625.00 $625.00 $1,500.00 $250.00 $900.00 $695.00 $1,350.00 $229.00 $99.00 $170.00 $170.00 $500.00 $179.00 $1,075.00 $900.00 $2,300.00 $2,800.00 $469.00 $1,075.00 $700.00 $110.00 $550.00 $550.00 $550.00 $1,000.00 $550.00 $650.00 $1,200.00 $270.00 $250.00 $1,550.00 $800.00 $40.00 $60.00
$0.00 $0.00 $1,800.00 $625.00 $625.00 $0.00 $0.00 $900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,075.00 $0.00 $0.00 $2,800.00 $0.00 $1,075.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $250.00 $1,550.00 $0.00 $0.00 $0.00 $10,700.00
1 1 1
1
1
1 1
Auto Drain Back Flow Preventer Custom Cushion Material Upgrade
1 1
Options Total: Sales Tax All quotes are good for 30 days
grey
Notes
250
N/A Modified By: Date/Time Modified: 1
8/8/2016 9:37
$8,842.50 $20,632.50 $29,475.00 $250.00
OLIVER TRAVEL TRAILER SALES, INC. TERMS AND CONDITIONS OF SALE 1. Offer, Governing Provision, and Cancellation. This writing constitutes an offer to purchase by that party designated as Buyer and identified above to purchase those products described herein in accordance with the following terms and conditions. This writing is not an acceptance by Oliver Travel Trailer Sales, Inc. (hereinafter “Oliver”) of any offer made and acceptance by Oliver of this offer made by Buyer is expressly conditioned upon Buyer’s assent to these terms and conditions. Buyer will be deemed to have assented to these terms and conditions when Buyer signs and delivers this purchase order form, along with a deposit of 15% of the purchase price, to Oliver.
No additional or different terms or conditions will be binding upon Oliver unless specifically agreed in writing by an officer of Oliver. No other representative of Oliver has any authority whatsoever to waive, alter, vary, modify, or add to the terms hereof. Oliver hereby expressly objects to any such additional or different provisions contained in any purchase order or other communication heretofore or hereafter received from Buyer. This contract and these terms and conditions shall constitute the entire agreement between Oliver and Buyer with respect to this specific sale and shall be governed by and shall be construed according to the laws of the State of Tennessee.
No order may be cancelled or altered by the Buyer except upon terms and conditions acceptable to Oliver as evidenced by Oliver’s written consent. 2. Prices. Prices shall be those prices as published in the current Oliver price list as of the date of the order. Oliver reserves the right to change prices of any items at any time without notice.
All prices listed are payable in U.S. dollars. Only standard prices shall be allowed. No representative of Oliver, other than an officer of Oliver, has any authority whatsoever to waive, alter, vary, discount, add to, or in any fashion modify the current list prices.
A second advance payment of 35% of the purchase price will be required when Buyer is notified by Oliver that construction of the unit has commenced. Upon commencement of construction, it is expressly agreed to by Buyer that the original deposit and this second amount are no longer deposited funds but advance payments for construction and are not refundable to Buyer under any circumstance except where Oliver is unable, for any reason, to deliver under this agreement. Depending upon the specifics of the order, an additional advance payment may be required at the time the order is submitted to Oliver as an advance upon customization or other specific work required in order for Oliver to fill the order. Under no circumstances will this advance be refundable to Buyer upon cancellation or termination of the order to the extent such funds have been expended in the performance of the customization or other specific work requested. It is expressly agreed to by Buyer that such advances are not deposits for the purpose of securing an order but rather represent payment in advance for work to be performed by Oliver at Buyer’s specific request. Final payment is due upon delivery unless other terms have been approved by Oliver.
3. Taxes and Other Charges. Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value add tax, duty, custom, inspection, or testing fee or any other tax, fee, or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Oliver and Buyer shall be paid by Buyer in addition to the prices listed herein. In the event that Oliver is required to pay any such tax, fee, or charge, Buyer shall reimburse Oliver therefore or, in lieu of such payment, Buyer shall provide Oliver at the time the order is submitted with an exemption certificate or other document acceptable to the authority imposing the same. 4. Delivery, Claims, and Delays. Shipping terms for all products sold hereunder are FOB Oliver’s facility in Hohenwald, Tennessee. Delivery of products to a carrier at Oliver’s facility or other loading point shall constitute delivery to Buyer. Regardless of shipping terms or freight payment, all risk of loss or damage in transit shall be borne by Buyer. Oliver reserves the right to make delivery of multiple units in installments unless otherwise expressly so stipulated herein. Payment for each installment is due on delivery without regard to subsequent deliveries. All deliveries not in dispute shall be paid for regardless of other controversies relating to other delivered or undelivered products. Delay and delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Method and route of shipment shall be at the discretion of Oliver unless Buyer shall specify otherwise; any additional expense of the method or route of shipment specified by Buyer shall be borne entirely by Buyer.
2
Claims for shortages or other errors in delivery must be made in writing to Oliver within ten (10) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance of all shipments made prior to Oliver’s receipt of Buyer’s notice of claim and shall constitute a waiver of all such claims by Buyer. Claims for lost or damaged products in transit should be made to the carrier and not to Oliver.
All delivery dates are approximate. Oliver shall not be liable for any damages as a result of any delay or failure to timely deliver due to any reason whatsoever. In the event of any such delay, Buyer’s exclusive remedy for any such delay or for Oliver’s inability to deliver for any reason shall be rescission of this agreement. 5. Warranties. GENERAL: Oliver warrants its products to be free of defects in material and workmanship under normal use for a period of one (1) year from the date when first placed in service. FIBERGLASS BODY: Oliver warrants to the original purchaser only that its fiberglass body is free of defects in material and workmanship under normal use for the life of the body. ALUMINUM UNDERCARRAIGE TRAILER: Oliver warrants to the original purchaser only that the aluminum undercarriage trailer, manufactured by Oliver, is free of defects in material and workmanship under normal use for a period of five (5) years from the date when first placed in service.
If any product subject to this warranty shall be shown to Oliver’s satisfaction to be defective, Oliver shall have the option to credit the purchase price of such product or repair or replace such product. Such credit, repair, or replacement shall be Oliver’s sole obligation and Buyer’s exclusive remedy hereunder and shall be conditioned upon Oliver’s timely receipt of written notice of any alleged defect and, at Oliver’s option, return of such products to Oliver FOB Hohenwald, Tennessee. THE WARRANTY CONTAINED IN THIS SECTION IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES (EXCEPT OF TITLE) EXPRESSED OR IMPLIED AND OLIVER EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Oliver is willing and able to repair or replace defective products or credit the purchase price within ninety (90) days of the date which Oliver determines that such products are defective. Any suggestions by Oliver or Oliver’s agents regarding use, application, or suitability of the product shall not be construed as an express warranty unless confirmed to be such in writing by an officer of Oliver. No other representative of Oliver has authority to modify this warranty in any aspect or to any degree whatsoever. The one year Warranty on Oliver products includes attachment points, furniture, plumbing, heating and electrical systems, LP gas lines, axles, doors, cabinet doors, windows, and related hardware. To submit a warranty claim, Buyer must contact the Oliver service department at 1-888526-3978. Buyer will then receive instructions pertaining to their specific warranty claim. Any repairs made prior to express authorization from Oliver will not be reimbursed by Oliver nor otherwise subject to the terms of the warranty stated herein. This warranty expressly excludes all items of normal maintenance and all damages which result from misuse or abuse [which shall be determined at Oliver’s sole discretion], alteration or modification of the product, damages resulting from environmental exposure such as salt, hail, moisture, chemicals, etc.; and normal maintenance and service items such as light bulbs, fuses, lubricants, seals, waxes, etc. This warranty also expressly excludes all equipment, appliances, and other devices not manufactured by Oliver but which may be installed by Oliver in the production of the Oliver product, including but not limited to ranges, ovens, refrigerators, pumps, heaters, air conditioners, audiovideo equipment, electronic stabilizers and power converters. Each of these items is covered by their own manufacturer’s warranty and warranty claims with regard to such products should be made directly to the appropriate manufacturer. 6. Exclusion of Consequential Damages and Disclaimer of Liability. Oliver’s liability with respect to products sold hereunder shall be limited as provided in section 5 and with respect to other performance shall be limited to the contract price of the portion of the goods on which such liability is based. OLIVER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, OR OTHER THEORIES OF LAW, WITH RESPECT TO GOODS OR SERVICES FURNISHED BY IT OR WITH RESPECT TO ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATED THERETO. Without limiting the generality of the foregoing, Oliver expressly disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits, loss of use of equipment, cost of capital, cost of substitute products, facilities, or sevices, or any other type of economic loss or claim. OLIVER SPECIFICALLY DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER.
7. Indemnification by Buyer. Buyer shall indemnify and hold Oliver, its officers, agents, employees, successors, and assigns harmless from and against any and all losses, damages, or expenses of whatever form or nature (including attorneys fees and other costs of defending any action) which they or any of them may incur as a result of any claim by Buyer or others arising out of or in connection with the products sold to Buyer and not proven to have been caused solely by a breach by Oliver of its express warranties in section 5, above, or caused solely by Oliver’s negligence.
8. Changes and Improvements. Oliver may furnish suitable substitutes for 3 materials or goods unobtainable because of priorities or regulations
8. Changes and Improvements. Oliver may furnish suitable substitutes for materials or goods unobtainable because of priorities or regulations established by governmental authority or the unavailability of material or goods from suppliers. Oliver has no obligation to furnish Buyer with changes in the design or construction of goods previously shipped despite incorporation of such changes in current shipments. If the particular model of goods ordered by Buyer has been replaced by a new model, Oliver may at its option ship the new model of such goods.
9. Severability. The provisions set forth hereunder are severable and if any provision is invalid, void, or unenforceable in whole or in part for any reason whatsoever, the remaining provisions shall remain in full force and effect. 10. Non-Waiver. Oliver’s failure or refusal to insist upon strict performance of any provisions set forth hereunder shall not b e deemed a waiver of Oliver’s rights or remedies or a waiver by Oliver of any subsequent default by Buyer in the performance of or compliance with these terms and conditions of sale. 11. Captions. The captions herein are included for convenience and general reference only and shall not be construed to describe, define, or limit the scope or intent of the provisions of these terms and conditions of sale.
12. Entire Agreement. This instrument constitutes the entire agreement and understanding of the parties and supersedes all prior agreements and understanding relating to the subject matter hereof. No agreements, understanding, restrictions, warranties, or representations exist between or among the parties other than those expressly set forth herein. Once fully executed below, this is a legally binding contract which shall be binding on all parties, consistent with the terms and conditions of sale listed above and which Terms and Conditions are incorporated herein in their entirety. IN WITNESS WHEREOF, the parties have hereto set their hands. BUYER
OLIVER TRAVEL TRAILER SALES, INC.
Name (Buyer 1): ________________________
Name: ________________________________
Name (Buyer 2): ________________________
Title: _________________________________
Date: ________________________________
Date: __________________________________
4
