United Tank Trailer Sales Agreement Terms & Conditions
Buyer agrees to each and every term contained in the Agreement as a precondition to Seller's performance. Any term or condition in any purchase order or other form issued by Buyer, regardless of its materiality, that is inconsistent with the terms and conditions contained in the Agreement are rejected unless expressly agreed to in a written acknowledgment issued by Seller. No other terms or conditions not set forth in the Agreement shall apply unless expressly agreed to in a written acknowledgment issued by Seller, in which case such acknowledgement takes precedence.
2. Payment:
a.Price. Unless specifically noted otherwise, prices do not include present or future federal, state or local taxes. Price does not include related freight charges, use tax, sales tax, excise tax, value‐added tax or similar or charges of any nature whatsoever imposed by any government authority. Prices do not include the cost of any independent inspection if such should be required. Buyer shall pay all taxes and fees of any kind that may be levied on either party in connection with the sale of goods with the exception of Seller’s income tax obligations arising out of the sale.
b. Deposits. Upon execution of this Agreement, Buyer shall provide a non‐refundable deposit to Seller, which deposit shall be applied to the Price of the goods.
c.Payment Terms. Payment of any amounts due to Seller is due the sooner of delivery of the goods or 30 days from the date of the Seller’s invoice. Any amounts owing to the Seller after such due date are subject to a 1% interest or the maximum rate permitted by law, whichever is less. An additional late charge of 12% per annum may be added to the unpaid balance for balances more than 60 days after the due date.
d.Default. In the event Buyer defaults in any way, including without limitation the failure to make a timely payment, Buyer shall be liable to Seller for all of Seller’s costs of collection including but not limited to all court costs, attorney fees, and other costs incurred by Seller in collecting past‐due amounts, including interest and late charges.
3. Disclaimer of Warranties. SELLER DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE GOODS AND/OR SERVICES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT BUYER IS NOT RELYING ON SELLER'S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS AND/OR SERVICES SUITABLE FOR ANY PARTICULAR PURPOSE. NO PERSON, INCLUDING BUYER, IS AUTHORIZED BY SELLER TO MAKE WARRANTIES OR ASSUME ANY LIABILITY FOR SELLER WITH RESPECT TO THE GOODS AND/OR SERVICES. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED ON BY BUYER AND ARE NOT PART OF THE AGREEMENT. SELLER'S WARRANTY OBLIGATIONS, AND BUYER'S REMEDY, ARE SOLELY AS STATED IN THIS AGREEMENT.
4. Notice of Claims. Buyer shall inspect the goods or services provided by Seller immediately upon delivery. Notice of any claim for defects discoverable on such inspection shall be made to Seller within five (5) days thereafter. Buyer shall, upon Seller’s request, furnish reasonable proof of any claimed defect and Seller shall be given reasonable opportunity to investigate. Failure of Buyer to give notice within the specified period shall be an absolute and unconditional waiver.
5. Force Majeure: Seller shall not be liable for any delay or impairment of performance resulting in whole or in part from any cause beyond Seller’s control including, without limitation, fires, floods, epidemics, pandemics, explosions, accidents or other catastrophes, acts of God, strikes, lockouts or labor disruption, wars (declared or undeclared), rebellion, civil insurrection, riots or embargo delays, government allocations or priorities, government‐ordered shutdowns, shortages of transportation, fuel, labor or materials, inability to procure the goods or raw materials, severe weather conditions, changes of law or regulation, or any other circumstance or cause beyond Seller’s control. Such excuse from performance shall extend so long as the event continues to delay or impair Seller’s performance.
6. Security Interest: Title to the goods sold pursuant to the Agreement shall remain with Seller until all payments therefore shall have been made in full in cash. Seller shall retain a security interest in the goods sold to Buyer, the accounts receivable related to the goods and the proceeds from the sale of the goods as security for Buyer’s performance of its obligations. Buyer hereby authorizes Seller to create and file a financing statement. Buyer agrees to execute and deliver such other documents as necessary to create, perfect, preserve or enforce such security interest.
7. Delivery Dates: Quoted delivery dates are based on estimates at the time of quotation. Seller will use reasonable efforts to meeting the delivery schedules but assumes no liability for additional costs or damages resulting from later deliveries. The parties acknowledge and agree that time is not of the essence.
8. LIMITATION OF LIABILITY: THE EXCLUSIVE REMEDY FOR THE BUYER FOR ANY DAMAGES INCURRED AS A RESULT OF THE AGREEMENT IS LIMITED TO THE RETURN OF THE PRICE PAID FOR SUCH GOODS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM THE GOODS OR SERVICES OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE GOODS OR SERVICES FOR ANY PURPOSE WHATSOEVER, IRRESPECTIVE OF WHETHER THE CLAIMS OR ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE. IN NO EVENT SHALL SELLER INCUR ANY LIABILITY WHATSOEVER FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO DELAY IN DELIVERY.
9. Indemnification: Buyer shall indemnify, defend and hold Seller harmless from any liability, loss, cost, penalty, damage or expense, including attorneys' fees, which Seller may incur as a result of any claim, damage, injury, cause of action, proceeding, citation, or work stoppage arising out of or in any way connected with Buyer's installation, modification, or use of any goods provided by Seller. This indemnity includes all costs and attorney’s fees. This indemnity survives the termination or completion of the sales transaction. This indemnity includes all claims for patent infringement or any other intellectual property claims.
10. Modification. Notwithstanding paragraph 1, Seller may modify these terms and conditions at any time, after providing notice to Buyer by publication on Seller’s website, which terms and conditions Buyer can reject by choosing not to purchase goods from Seller.
11. Governing Law/Jurisdiction‐Venue/Statute of Limitations: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law doctrine. By entering into this Agreement, Buyer waives any right to a jury trial. By entering into this Agreement, Buyer submits to jurisdiction in Michigan and to venue in any state or federal court located in Wayne County, Michigan. BUYER WAIVES ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY IF NOT BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST ACCRUED TO BUYER.
TERMS OF SERVICE
United Tank Trailer
Effective Date: February 2, 2026
1. Acceptance of Terms
By accessing or using the United Tank Trailer website (www.unitedtanktrailer.com), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website.
2. Use of Website
You may use this website for lawful purposes only. You agree not to:
• Violate any applicable laws or regulations
• Attempt to gain unauthorized access to our systems
• Transmit harmful code or malware
• Interfere with the website's operation or other users' access
3. Product Information
We strive to provide accurate product descriptions, specifications, and pricing. However, we do not warrant that product information is complete, reliable, current, or error-free. Prices and availability are subject to change without notice. All sales are subject to our verification and acceptance.
4. Equipment and Services
Tank trailers, testing services, repairs, and refurbishment services are subject to separate purchase agreements and contracts. This website serves as an informational resource and does not constitute a binding offer to sell. Specific terms, warranties, and conditions will be outlined in individual sales contracts.
5. Intellectual Property
All content on this website, including text, images, logos, and design elements, is the property of United Tank Trailer or its licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our written permission.
6. Limitation of Liability
To the fullest extent permitted by law, United Tank Trailer shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of this website or inability to use this website, even if we have been advised of the possibility of such damages. Our total liability shall not exceed the amount you paid, if any, for accessing this website.
7. Disclaimer of Warranties
This website is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the website will be uninterrupted, secure, or error-free.
8. Third-Party Links
Our website may contain links to third-party websites. These links are provided for your convenience only. We do not endorse or assume responsibility for the content, products, or services offered by third parties.
9. Indemnification
You agree to indemnify and hold harmless United Tank Trailer, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of this website or violation of these Terms of Service.
10. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Wayne County, Michigan.
11. Changes to Terms
We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to this website. Your continued use of the website following any changes constitutes acceptance of the modified terms.
12. Severability
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. Contact Information
For questions regarding these Terms of Service, please contact:
United Tank Trailer
10200 Harrison Street
Romulus, MI 48174
Phone: (734) 532-4124
Website: www.unitedtanktrailer.com