Definitions: Purchaser shall mean the party placing and executing this order hereof, and Seller shall mean Rainier Truck & Chassis, LLC
Price Changes: The motor vehicle, equipment, and accessories manufactures reserve the right to change manufactures suggested retail price (MSRP) and wholesale price (s) of new motor vehicles, equipment and accessories to consumers and dealers without notice. Seller hereunder reserves a similar right against Purchaser to increase the manufactures suggested retail price (MSRP) in the event of an increase in wholesale price(s) thereof.
Configuration: The vehicle configuration above describes the vehicle that the Purchaser has configured, agreed to purchase, and ordered from Rainier Truck & Chassis LLC.
Design Changes: The motor vehicle, equipment and accessories manufactures reserve the right to change the design of any new motor vehicle, equipment, accessories or parts thereof at any time without notice and without obligation to make the same or any similar change upon any motor vehicle, equipment, accessories, thereof covered by this agreement, either before or subsequent to delivery thereof to Purchaser.
Ordering Stage: Your order will be submitted to the factory for production three calendar days after the Order Date. During this three day grace period, you may cancel your order or make changes to your vehicle configuration without incurring any charges. Your Order Payment will be refunded if you cancel within this three day grace period.
Production Stage: When we submit your order for production three days after your order date, your Order Payment becomes earned and non-refundable. If you want to make changes to your vehicle configuration, we will try our best to accommodate your request. If the factory decides to accept your request, you will be subject to a non-refundable $500 change fee and possible price increase for any pricing adjustments made since your original date. All changes made to your vehicle configuration, including changes to the purchase price, will be reflected in a subsequent vehicle configuration that will form part of this agreement.
Taxes: The price for the motor vehicle configured on this order does not include federal excise taxes, sales taxes, use taxes or occupational taxes based on sales volume,(federal, state, or local) unless expressly so stated. Purchaser assumes and agrees to pay, unless prohibited by law, any such federal excise, sales, use, or occupational taxes imposed on or applicable to the transaction covered by this agreement, regardless of which party may have primary tax liability thereof.
Delivery: Seller shall not be liable for failure to deliver or delay in delivering the motor vehicle covered by this agreement where such failure or delay is due, in whole or in part, to any cause beyond the control of or without the fault or negligence of Seller. All Rainier truck models are sold through and delivered through authorized dealers only. Dealer will notify Purchaser when vehicle is ready for delivery.
Warranty: There are no implied warranties of merchantability, of fitness for a particular purpose or which extend beyond the specification of the motor vehicle
Disputes: Agreement to Arbitrate. In the event of a dispute between us, please forward your concern in writing to Rainier Truck & Chassis LLC, P.O. Box 3106 Yakima Washington 98901 describing the nature of the dispute and the relief being sought.
If the dispute is not resolved within 60 days, Rainier and you agree that any dispute arising out of or relating to any aspect of the relationship between us will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA). This includes claims arising before this Agreement including claims related to statements about our products.
Rainier Truck and Chassis LLC and you agree the AAA Consumer Arbitration Rules will apply and that the arbitration will be held in Yakima, Washington. To learn more about the rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
The arbitrator may only resolve disputes between you and Rainier Truck & Chassis LLC on an individual basis. The arbitrator cannot award relief for anyone who is not a party and may not consolidate claims. In other words, you and Rainier Truck & Chassis LLC may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.
Governing Law: This agreement will be governed and construed according to the laws of the State of Washington which Rainier Truck & Chassis LLC is located.
Liability Limitation: Rainier Truck & Chassis LLC is not liable for any incidental, special or consequential damages arising out of this Agreement.
No Resellers / Cancellation: Rainier and its Dealers sell vehicles directly to end consumers, and we may cancel any order that we believe has been made in bad faith or made with a view toward resale of the vehicle. We may also cancel your order and refund your deposit if we discontinue a product, feature or option after the time you place your order. This Agreement is entered into and effective as of the date you accept this Agreement by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.