DEFINITIONS

LIMITED WARRANTY AGREEMENT

Requirements for all warranties:

• Any warranty services must be accompanied by the order/invoice number from the transaction through which the warrantied product was purchased. The order/invoice number serves as your warranty number and must be retained. E.C.T. will offer no warranty service without an order/invoice number.

Retailed/Re-Sold Products & Parts

• EXPRESS CUSTOM TRAILER MFG. INC. herein after called E.C.T.™, provides a 14-Day Return Window warranty for standard retail product (see Return of Non-Defective Products below) and the following limited warranty for all other products and service. This limited warranty extends only to the original purchaser.

Express-Built Products & Projects

• E.C.T. warrants our-built (products/projects fabricated at Express Custom) products and parts against defects in materials or workmanship for 24 months (for parts and labor) from the original invoice date. Resold parts, accessories and equipment that is sold as part of an Express-Built project are warrantied for 12 months.

3rd Party Warranties (Accessories & Components)

• E.C.T. will help facilitate all warranties related to third-party-acquired (products brought in and/or purchased by Express Custom originally as part of an Express-Built project) accessories and components such as electronics and/or engines.
• E.C.T. will warrant 3rd party acquired items directly or provide one of the following (whichever arrives first):
  (1) Accept shipping fee responsibility for O.E.M. defects for these items up to $250.00
  (2) Accept shipping fee responsibility for O.E.M. defects for these items up to 25% of the costs
  (3) Accept shipping fee responsibility for O.E.M. defects for these items up to the invoice cost
• Shipping fees from returns for under-warranty service in the first 14-days will be paid by E.C.T. in full.
• All additional shipping fees for under-warranty service and shipping fees both to and from E.C.T. following this 14-day period must be paid by the customer and are not the responsibility of E.C.T..
• All returns, both during and following the 14-day period, must comply with the conditions described below:
• All original parts (parts installed by E.C.T. on the original build received by the customer at time of purchase) replaced by E.C.T. or its authorized service center, become the property of E.C.T.
• Any after-market additions or modifications will not be warrantied. The product system owner is responsible for the payment, at current rates, for any service or repair outside the scope of this limited warranty.

Warranty Conditions

• E.C.T. makes no other warranty, either express or implied, including but not limited to implied warranties of merchant-ability, fitness for a particular purpose, or conformity to any representation or description, with respect to this product other than as set forth below.
• E.C.T. makes no warranty or representation, either express or implied, with respect to any other manufacturer’s product or documentation, its quality, performance, merchant-ability, fitness for a particular purpose, or conformity to any representation or description.
• Except as provided below, E.C.T. is not liable for any loss, cost, expense, inconvenience, or damage that may result from use or inability to use the product.
• Under no circumstances shall E.C.T. be liable for any loss, cost, expense, inconvenience, or damage exceeding the original purchase price of the product and/or project (the original invoice amount).
• The warranty and remedies offered are explicitly as written on this agreement and in lieu of all others, oral or written, expressed or implied. No re-seller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.

Limited Warranty is subject to the following conditions:

• (1) This warranty extends only to products distributed and/or sold by E.C.T. or an approved E.C.T. product dealership.
• (2) The product/project requiring warranty must remain (and have remained for its lifespan) in the country of Canada. Customers are not required to provide proof/evidence that an item has not left Canada to qualify for warranty services, however, any evidence that a product/project has left Canada will result in potential valid denial of warranty.
• (3) This warranty agreement covers only normal (typical) use of the product. E.C.T. shall not be liable under this warranty agreement if any damage or defect results from any one of the following:
• (I) misuse, abuse, neglect, or damage/defects stemming from the absence of required/typical maintenance.
• (II) improper shipping.
• (III) improper installation;
• (IV) disasters such as fire, flood, earthquake, lightning, power outage(s), or improper electric current.
• (V) service or alteration by anyone other than an authorized E.C.T. representative.
• (VI) damages incurred through irresponsible use, including those resulting from extreme use such as impacts, abrasive or corrosive environments, overloading, or other non-recommended/unethical practices.
• (4) This warranty extends to corrosion only within the first 30 days from the invoice date.
• (5) You must retain your bill of sale or other proof of purchase to receive warranty service.
• (6) No warranty extension will be granted for any replacement part(s) furnished to the purchaser in fulfillment of this warranty.
• (7) E.C.T. and its Authorized Service Centers accept no responsibility for any tools, accessories or other contents stored in/on or attached to the product(s) returned for repair to E.C.T..
• (8) Except as outlined above in our 3rd Party Warranties (Accessories & Components) section, E.C.T. makes no warranty either expressed or implied regarding third party (non-E.C.T.) parts, accessories, or equipment, rigging and/or up-fitting; Third-party parts, accessories, equipment, rigging and/or up-fitting will be warrantied by the respective manufacturer and/or installation facility or private contractor.
• (9) The 14-day return window on 3rd Party Product does not include product which has been custom-modified either by the customer or any third party.
• (10) E.C.T. offers no warranty for loss of work/employment, travel costs, or any other expense incurred due to product failure(s) and/or stemming from the distance between E.C.T. shop location(s) to the customer.

CUSTOM FABRICATION TERMS & CONDITIONS

Terms that apply to all customers:

1.      (CHANGE REQUESTS) Any change request, no matter the scope/scale, after the date of deposit and/or P.O. issued, will carry additional charges (Changes requested during the order).

2.      (CHANGE REQUESTS) Any change request, no matter the scope/scale, may delay or reset the entirety of the project’s timeline.

3.      (CHANGE REQUESTS) Once drawings have been approved by the customer, no further changes to the design will be accepted. Should changes be absolutely necessary, the order will be stopped and be removed from the production schedule and then the order will be treated as if is was a new order with respect to the price and production schedule. We recommend ensuring that the designs meet your expectation prior to approving the design.

4.      (CHANGE REQUESTS) Change requests which do not affect the design will be evaluated by the manufacturing team at Express Custom Trailer Mfg. Inc. to determine whether the change(s) will have a bearing on the production schedule with respect to both the relevant order and other customers orders already in queue. Should the changes be determined to affect the schedule in the way that a design change would, the order will be stopped and be removed from the production schedule, and then the order will be treated as if it was a new order with respect to the price and production schedule. Otherwise, the order will be revised regarding pricing, details and construction drawings while production continues. All change orders are subject to a minimum surcharge of a 1hr labour fee.

5.      (LIABILITIES) E.C.T. is not liable under any circumstances for a fabricated project/piece/component not performing (or failing while performing) its expected task after the customer approved/provided specifications/drawings.

6.      (LIABILITIES) As stated in E.C.T.’s limited warranty agreement, E.C.T. is not liable for any inherent costs or concerns stemming from the distance (and therefore corresponding travel time or down time) between our shop(s) and the customer.

7.      (LIABILITIES) There is no warranty provided for customer-supplied components (built third-party). If a customer elects to provide their own components to be part of a project, those individual components are not covered by Express Custom’s warranty. (e.g., a customer brings in their own lightbar from another company to have us integrate into a headache rack, the lightbar is not covered by E.C.T.’s warranty.)

8.      (LIABILITIES) Express Custom is not responsible for third-party acquired or built components (that may or may not be part of an Express Custom standardized or custom product) changing, discontinuing, or recalling assets resulting in irreplaceable/unfixable components, within 24 months or not.

9.      (ESTIMATES) Quotes are valid for a maximum of 14 days unless specified otherwise in writing.

10.    (ESTIMATES) An estimate is not a fixed value and should be understood as a variable figure subject to change based on actual time/material/parts invested.

11.    (ESTIMATES) A quote is a fixed price and valid for customers to place a deposit down onto for up to 14-days, of which upon completion the final balance will be the original quoted value (minus deposit’s/payments) unless any changes were requested by the customer or any impacts occurred that were beyond the control of E.C.T. – Should anything occur that affects a customer’s quoted project in-progress, E.C.T. will make all efforts to notify the customer as soon as possible and seek alternative (next-best) solutions.

12.    (DEPOSITS/PAYMENTS) Deposits / Down Payments are non-refundable. Deposits / Down Payments are simply payments toward the final balance due. The first payment on a project results in E.C.T.’s designation of the project’s labor/materials/parts/timeline, and therefore are not reversible/refundable.

a.      For standardized products, the required down-payment is 10% of the quoted sub-total price.

b.     For customized products, the required down-payment is 20% of the quoted sub-total price.

c.      For custom-built products, the required down-payment is 50% of the quoted sub-total price.

d.     The remaining balance is due upon completion and prior to installation/delivery. Note: Financial institutions ordering on behalf of customers must provide a sign PO and initiate the payment process with their customers to ensure that the sales is fully secured.

13.    (DEPOSITS/PAYMENTS) Unless explicitly stated in writing, orders are not considered “started” or begun until a deposit has been received by Express Custom. (Important distinction for bank transfers: Money is considered “Received by Express Custom” when it is in our bank account, not when it is sent. This can add additional duration to an order if a bank transfer is sent upon completion of an order instead of prior). Express Custom holds no responsibility for delays or unavailability of customer vehicles in our possession resulting from pending bank transfers that are yet to show up in our account (be processed by the banks). Under no circumstances will Express Custom release a product that has not been paid for, unless the customer/client/business has already established a previous withstanding agreement with Express Custom indicating either 15 day or 30 day payment terms (NET15/NET30).

14.    (DEPOSITS/PAYMENTS) All customers/clients must pay for their purchase prior to the item/product leaving our premises. No company or individual, regardless of scale or implied reputation, is eligible to take any product/project from us with only a PO and/or without payment received by Express Custom. Express Custom does have a small select group of repetitive clienteles that are offered NET15/NET30 agreements. New terms-based account requests are subject to approval by Express Custom’s Vice President on a case-by-case basis and the agreement is only valid if the associating documentation has been signed by a member of Express Custom’s senior management (Vice President, General Manager, Owner/Operator, or Financial Controller). Interested parties should inquire with Express Custom sales staff about potentially opening a NET15/NET30 account PRIOR to when their bill is due and/or project is completed. Do not assume you will be eligible for NET/PO based terms, contact us immediately either before you place an order or near the beginning of the project. Waiting until your project is completed to discuss opening an account is not recommended and such requests are typically met with a swift ‘no’ as opening an account with us requires historical repetitive purchasing. The customer is responsible for any timeline delays or inconveniences if the final bill for the product/project is/was expected to be “under account” (eligible to leave without payment), but in actuality is/was not ever set up or approved for a terms-based account with Express Custom.

15.    (DISCOUNTS) E.C.T. will not offer discounts to any customer based on their reputation, previous business with E.C.T., or any other reason.

16.    (DISCOUNTS) E.C.T. will not accept request from customers to pay more to have their orders prioritized before others. At E.C.T., we recognize that by saying yes to these opportunities we are indirectly delaying every single other order in our system. These delays can translate to costs for our customers, and we do not feel that we have the right to create, manipulate, or steal from that delay variable. It is always the goal at E.C.T. to provide projects on time per estimated completion date or prior, and we will never enter into an agreement that compromises that for anybody.

17.    (DISCOUNTS) Former employees and/or business partners of E.C.T. are not eligible to receive any type of order discount or prioritization.

18.    (DISCOUNTS) Discounts may be applied to products and services at the sole discretion of the management of Express Custom Trailer Mfg. Inc.

19.    (DISCOUNTS) Volume discounts may apply to orders containing high volume of the same products, which help keep production costs low enough to share the savings with you.

20.    (TIMELINES / E.T.A.’S) Order timelines/E.T.A.’s are from when the drawings/details are approved and/or a deposit has been received (for orders without drawings required) through until the product is ready to ship out or be picked up from Express Custom. Our E.T.A.’s are never inclusive of shipping duration. While it is never our intention to “scare away” anybody with harsh E.T.A.’s, we always proceed with a ‘rather be safe than sorry’ mentality (we’d rather tell you 8 weeks and have good news if we get it done in 6, as opposed to telling you 6 weeks and running behind to 8 due to material shortages, staffing issues, mistakes, or anything alike. E.T.A.’s are a best-attempt at a realistic medium between best case and worst case scenario. If you have hard deadlines you must meet – tell us.) Physical/actual build time and production scheduling are vastly different, and we are constantly producing 100+ orders at any given time of varying scale and category (over 150 during our peak season around March). While it may conceivably take significantly less time to complete the actual work than we have estimated for the project to be completed, allocation of worker and finding time for it in-between all previous obligations is factored in. (We know it may only take 2 days of actual hands-on labor to weld out a truck deck, but, it typically takes us 8-10 weeks to get it through all the required stations/steps in-between all other existing orders). When estimating production schedules, sales and production staff at Express Custom Mfg. Inc. do our best to approximate how and when the product in question will fit into the manufacturing system along with other products being manufactured at the same time. In many cases, the timeframe from when the quote/estimate was produced and when the order has been placed will have had other quotes/estimates converted to orders, influencing the actual outcome of the production schedule. In other words, it is very difficult to meet the first estimated timeline.

21.    (TIMELINES / E.T.A.’S) Manufacturing schedules are affected by factors such as extreme weather, sickness, machine malfunction, power outages and more, may cause delays. Express Custom Mfg. does not accept responsibility for late delivery of any products. Any loss of time, inconvenience and/or commercial loss and customers will not be compensated under any circumstance, unless otherwise stated in writing and signed by the administration of Express Custom Mfg.

22.    (SHIPPING) E.C.T. does not provide shipping “in-house”/ourselves. The person(s) driving the trucks that transport your item from (A) to (B) are not E.C.T. employees. As a result, E.C.T. is never responsible for increases in cost beyond estimated values, damages, or any other inconveniences associated to shipping. Every customer is more than welcome to treat their item/order/project as F.O.B. at our shop located at 1365 Alberni Highway, Parksville, B.C., V9P 2B9 and organize their own preferred/insured/covered shipping as they see fit. In this circumstance, E.C.T. reserves the right to charge a packing and/or loading/securing fee.

23.    (ACCURACY OF INFORMATION) Advertised prices on printed material (fliers, pamphlets, etc.), the internet, or any other platform are not guaranteed to always be up-to-date. E.C.T. reserves the right to quote/estimate our project with the up-to-date relevant costs of material/labor. It is not always feasible for E.C.T. to update all advertised price tags the moment a changed is realized or announced. At the same time, we will not forcibly “stand by” outdated prices simply because they exist. We prioritize customer service and correspondence above calculating updating advertised prices immediately because both come from the same staff pool/capability. It is not false advertisement, deception, or an attempt to entice purchases if a price advertised is explained by E.C.T. at the time of a potential sale to be out of date and that a new price will be required prior to a purchase. Rather, this is the dynamic realities of custom fabrication, metal supply chains, and staffing capabilities working together.

24.    (RESEARCH AND DEVELOPMENT) Consultations and Conceptualizations: After the initial contact (meet and greet, e-mail, phone call, discussion, etc.) going over the project idea, E.C.T. reserves the right to bill R&D (Research and Development) and/or Consultation charges at a minimum of 30 minutes per meeting. We are available day-to-day to offer expertise, insight, and recommendations within reason. We are not available to come up with viable solutions (that we are expected to stand behind for 24 months warranty) to every problem pro-bono, and always value as much homework as possible that a customer completes themselves. At E.C.T. we are not an engineering firm. At E.C.T. we are excited by new ideas and look forward to working with customers to produce new solutions together. Our favorite customer is the one who requests what they need to solve their problem, not the customer that brings us their problem to solve for them.

25.    (RETURNS) With the exception of special circumstance requiring the approval of upper management, custom built or custom products may not be returned for a refund. Standardized or retailed product may be eligible for approved return/refund subject to the terms in our LIMITED WARRANTY AGREEMENT.

26.    (REFUSAL OF WORK) Express Custom Trailer Mfg. Inc. reserves the right to refuse work based the discretion of it’s sales persons to determine whether or not to accept worked based on the following factors:

a.      – Conflict of interest, morals, values and/or association

b.     – perceived legal implications

c.      – perceived health and safety risks

d.     – perceived financial risks

e.      – availability of resources and staffing

f.      – behaviour such as bullying, manipulation, etc.

g.     – availability and capability of workforce

27.    (RESELLING) Products or projects built/sold by E.C.T. may be purchased for the purpose of reselling; however, resellers may not act as agents or representatives of Express Custom Trailer Mfg. Inc. without a signed dealer agreement.

28.    (DRAWINGS) – Due the customer and/or complex nature of some products, a required prior to the commencement of the manufacturing of the product. CAD drawings and design work may increase the original estimated time to manufacture the product. Additionally, in the event that the product is very custom or the customer specially requests CAD drawings, the final price of the order may increase for the amount of time added for CAD and/or on hands designs.

29.    (PAYMENTS) Payments may be applied through any of the following methods:

a.      – Cash (Canadian currency only, or in some cases, US currency may be accepted)

b.     – Credit Cards (Either Visa or Mastercard is accepted. American Express is not accepted. Maximum of $5,000.00 payable via credit card PER ORDER/PROJECT. Beyond $5,000.00/order, please note that a transaction service fees of 2.5% will be applied)

c.      – e-transfer (bank to bank transfers only, EFT/EMT’s are not accepted)

d.     – PayPal (Please note that transaction service fees of 3.6% will be applied in most cases)

e.      – bank draft.

f.      – Certified Cheques (We can only accept personal cheques or company cheques when there is sufficient time to clear them before the product order is placed.)

30.    (CANCELLATIONS) The Customer(s) may request to cancel their order within 24hrs. of committing to their order. Beyond 24 hours, if the customer(s) wish(es) to cancel their order, the sales management at Express Custom Trailer Mfg. Inc. will evaluate the financial impact incurred from invested R&D, labour, disruption to other job/project progression, parts purchased and/or allocated, and materials specific to the project, to determine if and to what extent any refund may be issued. Should the incurred costs exceed the amount of the down-payment, the difference will be applied to the invoice as a balance owing, the outstanding balance provided to the customer(s), and the customer(s) will be required to remit the balance within 72hrs. E.C.T. reserves the right to refuse any request for refund of a down-payment/deposit (See Point#14 (DEPOSITS/PAYMENTS)) for any reason beyond 24hours after the payment was made and under no circumstances will E.C.T. be liable for any customer(s) loss of work, financial burden, or any other perceived impact from an order being cancelled or being requested to be cancelled.