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VIN or Serial #:
Historic: Historic W/ Hidden Features: Modern: Repairs:
Trailers will be received by Heintz Designs Restorations Monday through Friday between the hours of 10:00 am and 5:00 pm unless prior arrangements have been made. Please ensure that the transport company is aware of these hours and has our telephone number to confirm their arrival. All shipping cost are to be covered by the customer and no trailers will be received COD.
Date of Shipping:
Date of Arrival:
Once the Trailer is completed and all payment have been received and cleared by Heintz Designs Restorations, you will be contacted so that Pick-up or shipping arrangements can be made.
Customer is advised to carry coverage on the vehicle while being restored at Heintz Designs Restorations.
Vehicle value for insurance purposes:
PROOF OF OWNERSHIP:
Customer is required to provide a copy of the title and include proof of ownership of the vehicle upon signing of this agreement and prior to the commencement of the restoration project.
Heintz Designs Restorations requires a 40% down payment before the restoration process will begin. Throughout the restoration you will receive invoices for 15% of the estimated contract price. If the restoration is finished before 4 invoices are sent, the remaining balance will be due at the time the trailer is completed and final invoice is received. The final payment will be adjusted according to the remaining balance. If any change orders have been made during the restoration it will be reflected within the next received invoice. If at any point a payment is delayed, missed or the client wants to hold off paying for an amount of time all work will stop. Trailers that have worked stopped for longer than a two-month period will be subjected to monthly storage charge of $225.00 per month. Materials and contracted services will include the cost of advertising and any other cost associated with obtaining the materials for the restoration project. Customer acknowledges that there are many unknown variables associated with the cost of their restoration project, including, but not limited to, cost of labor and services, condition of wood, frame, inner body construction, other structural components, general mechanical condition, availability and cost of parts. Therefore, it is impossible for us to provide an accurate estimate of total cost of your restoration project, and no such estimate has been given to you, orally or otherwise, unless indicated in writing and signed by both parties and attached to this agreement. By signing this agreement, the customer agrees, and understands that the estimate given can run 20% more or less than the final estimated price included in this contract.
Customer initials: _________________ Date: _________________
Customer will make an initial down payment to Heintz Designs Restorations in the sum of 40% of the Restoration.
Any account that has not been paid within thirty (30) days after receipt of the invoice will be subject to a late pay charge at the rate of seven percent ( 7% ) per month on the unpaid balance.
Customer agrees to pay our reasonable attorney fees incurred in collecting any invoices that are more than 60 days past due. Should you be unable to make the next phase down payment or the final payment, please notify Heintz Designs Restorations in writing so that we can adjust the work schedule or suspend work to conform with your payment schedule. We encourage you to discuss the situation with us so that we can try to accommodate a special arrangement.
If Heintz Designs Restorations discontinues or suspends work on your vehicle prior the completion of the restoration project due to delays in payments, Heintz Designs Restorations will not be responsible for maintenance, upkeep or any longevity of work already performed. Should any rework need to be done, it will be at the full expense of the customer. If you fail to retrieve your trailer 4 months after final payment is rendered, unless otherwise agreed to in writing, Heintz Designs Restorations is authorized to dispose of the vehicle and any other property associated with the trailer as we see fit. Customer will be provided written notice at least ten (10) days in advance of our intent to dispose of the property. The notice will be sent to the last address on file, with address correction requested. Any funds received from the disposal of your vehicle and property will be applied to your indebtedness to Heintz Designs Restorations for unpaid contracted services, including charges for storage, removing and selling the property. The enforceability and interpretation of this agreement and any matters arising out of the relationship between the parties bound by this agreement shall be governed by the laws of the State of Florida.
Heintz Designs Restorations is committed to providing the highest quality and most authentic restoration reasonably possible. The condition of your vehicle and your financial commitment to the restoration project are keys to our success. Many parts, particularly mechanical parts, will be the existing old parts whose durability we cannot guarantee. We cannot guarantee the condition of your vehicle as a new trailer manufacturer would; however, we do give a limited warranty against certain defects in workmanship or materials and will pass along to you any warranty applicable to parts manufactured or supplies to us by others. We encourage you to contact us or schedule a time to visit your vehicle as work proceeds. If you have any questions about materials being used or work being performed, please ask. We want you to be satisfied with your restoration project. This agreement is understood to be the complete and exclusive agreement between Heintz Designs Restorations and the Customer, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement, unless modified in writing and signed by both parties. No employee of Heintz Designs Restorations or any other party is authorized to change or add to the terms of this agreement.
The enforceability and interpretation of this agreement and any matters arising out of the relationship between the parties bound by this agreement shall be governed by and construed under the laws of the State of Florida (USA), excluding its conflicts of law provisions. Exclusive jurisdiction and venue for any legal actions or proceedings relating to or arising from this Agreement shall be vested with the federal and state courts located in the city of Panama City, Bay County in the State of Florida (USA).
I have fully read this agreement and understand and agree to the terms and conditions as outlined in this document.
Customer Printed Name Date
Heintz Designs LLC. warrants that it will repair or replace defects in material or workmanship built and or repaired by Heintz Designs for a period of 30 days from the date the trailer restoration is completed. In order to obtain coverage under this Limited Warranty, you must notify Heintz Designs of the warrantable defect no later than five (5) days following expiration of this Limited Warranty. Heintz Designs’ obligation to repair or replace defective materials or workmanship is the sole obligation of Heintz Designs under this Limited Warranty. Heintz Designs reserves the right to use new or remanufactured parts of similar quality to complete any warranty work.
LIMITATION OF IMPLIED WARRANTIES IMPLIED WARRANTIES ARISING UNDER APPLICABLE LAW, IF ANY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED IN DURATION TO THE TERM OF THIS LIMITED WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY HEINTZ DESIGNS.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY This Limited Warranty does not provide coverage for any of the following: 1. Tires, batteries, stereo, television, range/stove, furnace, refrigerator, water heater, microwave, generator, and other materials, parts and components warranted by persons or entities other than Heintz Designs. Please refer to the warranties of component manufacturers for terms and conditions of coverage; 2. Any part or component of the trailer that was not manufactured or installed by Heintz Designs; 3. Normal deterioration due to wear or exposure, including but not limited to rust, corrosion, oxidation, and cosmetic blemishes; 4. Normal maintenance and service items, including but not limited to light bulbs, fuses, lubricants, sealants and seals, door adjustments, and awning tension; 5. After-market equipment or accessories installed on the trailer after completion of restoration/repair by Heintz Designs, or any defects or damage caused by such items; 6. Defects or damage caused by, in whole or in part, or in any way related to: a. Accidents, misuse (including off-road use), or negligence. b. Alteration or modification of the trailer except such alterations or modifications approved in writing by Heintz Designs. c. Acts of God or other environmental conditions, such as lightning, hail, salt, or other chemicals in the atmosphere. d. De-icing agents or other chemicals applied to the trailer. e. Failure to properly maintain or service the trailer, including but not limited to the maintenance of lubricants, sealants, and seals. f. Condensation and the results of condensation including water damage and the growth of mold or mildew. Mold and mildew are natural growths given certain environmental conditions and are not covered by the terms of this Limited Warranty. g. Use of the trailer other than for temporary recreation purposes, including but not limited to use of the trailer for residential, commercial, disaster relief, or rental purposes. h. The addition of weight to the trailer that causes the trailer’s total weight to exceed applicable trailer weight ratings, or addition of weight causing improper distribution of the weight of the trailer. i. Failure to seek and obtain repairs in a timely manner. j. Failure to use reasonable efforts to mitigate damage caused by defects. k. Failure to properly ventilate the trailer. l. Improper electric power supply or improper vehicle hookup to other facilities. m. Acts or omissions of any person or entity other than Heintz Designs.
DISCLAIMER OF INCIDENTAL AND CONSEQUENTIAL DAMAGES Heintz Designs hereby disclaims any and all incidental and consequential damages arising out of or relating to the trailer, including expenses such as transportation to Heintz Designs, loss of time, loss of pay, loss of use, inconvenience, commercial loss (including lost profits), towing charges, bus fares, vehicle rental, service call charges, gasoline expenses, incidental charges such as telephone calls and facsimile transmissions, and expenses for lodging. This disclaimer is independent of any failure of the essential purpose of any warranties provided with a trailer, and shall survive any determination that a warranty failed of its essential purpose.
OBTAINING WARRANTY SERVICE
In order to obtain warranty service under this Limited Warranty, the owner must do all of the following: 1. Notify Heintz Designs of any claimed defect within the warranty period or 5 days thereafter; 2. Provide notification of a defect within 7 days of discovery of that defect; 3. Promptly return the trailer to Heintz Designs for repairs.
If you believe a defect covered by this Limited Warranty still exists after an attempted repair by Heintz Designs, you must contact Heintz Designs, specifying: 1. The complete serial number of the trailer; 2. The date of original pick-up; 3. The nature of the problem and the steps or service which have been performed.
Heintz Designs may direct you to bring your trailer to the Heintz Designs’ shop location for repairs.
Heintz Designs cannot guarantee immediate availability of repairs; therefore, you may encounter delays in scheduling repairs and/or completion of repairs. All costs associated with transporting the trailer for any warranty service shall be the sole responsibility of the owner.
The Entire Limited Warranty provided by Heintz Designs is set forth herein. Heintz Designs will not be responsible for any additional representations or warranties made by any person or entity other than Heintz Designs, and Heintz Designs’ obligations are solely as set forth in the terms and conditions of this Limited Warranty
This Limited Warranty is NOT transferable to subsequent owners for the remaining duration of the warranty period.
CHANGES IN DESIGN
Heintz Designs reserves the right to make changes in design and improvements upon its products from time-to-time, without imposing upon itself any obligation to install additional features in your trailer.
STATUTE OF LIMITATION
No action may be brought against Heintz Designs for breach of this Limited Warranty, any applicable implied warranty, or for any other claim arising out of or relating to an Heintz Designs trailer, more than five (5) days after: (1) expiration of the 30-day Limited Warranty period; or (2) expiration of the five (5) day notice period that follows expiration of the Limited Warranty period, if such notice is given.
Customer Printed Name Heintz Designs Agent (Print)
Customer Signature Heintz Designs Agent (Signature)
HEINTZ DESIGNS RESTORATIONS
3014 Lisenby Ave. STE 12
Panama City, FL 32405
RELEASE AND WAIVER OF LIABILITY AGREEMENT
Services Provided: Vintage Trailer Restoration & Storage
I, __________________________________ acknowledge that I have voluntarily left my personal property at Heintz Designs Restorations located at 3014 Lisenby Ave. STE 12, Panama City, FL 32405 and I hereby release Heintz Designs Restorations, its employee's and property owners from any liability for theft or damage to vehicles or vehicle contents on the property located at 3014 Lisenby Ave STE 12, Panama City, FL 32405 or our additional storage building located at 7137 Bay Crest Road Panama City FL 32409. I agree to assume any and all risks of property damage, whether those risks are known or unknown.
Your signature affixed to this document is testimony that you have read and understand this statement and have no questions.
I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND HEINTZ DESIGNS RESTORATIONS AND
SIGN IT OF MY OWN FREE WILL.