TERMS & CONDITIONS
CONDITIONS OF USE
Please read these Terms and Conditions carefully before using our website, www.grigsbytrucks.com, operated by Grigsby Truck Company (herein referred to as “GTC”, “us”, “we”, or “our”).
By using this website or our services, you acknowledge your acceptance of and compliance with the following conditions of use without limitation or qualification. By accessing or otherwise using our service you agree to be bound by these terms and conditions; this applies to all visitors, users and others who wish to access or use our services. If you disagree with any part of the terms then you do not have permission to access our website or our services. These terms and conditions may be revised at any time by updating this posting. Users of our services are bound by any such revisions and should therefore periodically visit this page to review current terms and conditions.
While GTC uses reasonable efforts to include accurate and up to date information on this website, errors or omissions sometimes occur. Your use of our web services is at your own risk. Our web services are provided on an “as-is” and “as-available” basis and without warranties or representations of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We cannot guarantee the accuracy of our web services, to include typographical errors, or that any errors or defects will be corrected. We cannot warrant that our web service will function at any particular time or location uninterrupted and secure. Under no circumstances, including, but not limited to, negligence, shall GTC, nor its owners, directors, employees, agents, suppliers, affiliates, or any party involved in creating, producing, or delivering the website be liable to you for any indirect, direct, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) the use of, or the inability to use, the materials on this website; (ii) any conduct or content of any third party on the web service; (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not GTC or a GTC authorized representative has been advised of the possibility of such damages, and even if remedy set forth herein is found to have failed of its essential purpose. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website. This website may be linked to other websites which are not maintained by GTC. We are not responsible for the content of those websites. The inclusion of any link to such websites does not imply approval of or endorsement by GTC of the websites or the content thereof. GTC also assumes no responsibility, and shall not be liable for, any damages to, or malicious or otherwise undesired or unsolicited programming that may infect or load onto your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website. GTC does not warrant that this website or the server that makes it available are free of viruses, malware or other harmful components. GTC does not warrant or make any representations regarding the use or the results of the use of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not GTC) assume the entire cost of all necessary servicing, repair, or correction. Prices and availability subject to change.
When an account is created with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the termination of your account on our website services. It is your sole responsibility to maintain the confidentiality of your account information and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use a username that is in any way offensive, vulgar, or obscene. Without authorization, you may not use a username that is the name of another person or entity, that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you. At our sole discretion, we reserve the right to refuse service, terminate your account, remove or edit your content, or cancel your order(s).
Customer shall defend, indemnify and hold harmless GTC, their subsidiaries, affiliated companies, and third-party providers, each of the respective owners, directors, agents, subcontractors, and employees (each individually, an “Indemnified Party”) from and against any and all claims, suits, liabilities, damages, settlements, debts, judgments, charges, taxes, and any other expenses (including attorneys’ fees)(collectively “Liabilities”), arising directly or indirectly out of or in connection with any product or service, or the sale, use, operation, maintenance, manufacture, selection, delivery, possession, or modification of any product, including but not limited to claims for physical injury to, illness or death of, any third party regardless of status and damage to or destruction of any tangible property which the third party may sustain or incur, to the extent such Liabilities relate to the services; except for such Liabilities relating to or arising out of a final judgement of gross negligence or willful misconduct of the Indemnified Party.
In any action, suit or proceeding brought against an Indemnified Party by reason as any such claim as specified above, customer shall resist and defend such action, suit or proceeding by counsel of its choice, at the sole expense of customer, provided that (i) the Indemnified Party notifies customer promptly in writing of the claim; (ii) customer’s counsel does not give rise to a conflict of interest with respect to the Indemnified Party; (iii) customer has informed of status; and (iv) the Indemnified Party provides customer with all reasonably necessary assistance, information, and authority to perform the foregoing at customer’s expense. Any indemnification obligation hereunder shall not be limited by the provisions of any worker’s compensation act or similar statute or law. Customers waive any and all defenses they may have under any worker’s compensation act or similar statute or law with respect to claims for indemnification arising out of any injuries and claims mentioned above.
LIMITATION OF LIABILITY
By agreeing to purchase a product, including but not limited to service, parts, vehicles and accessories, from GTC, by written agreement or by virtue of having provided payment in part or in full for said products, you agree to be bound by the following:
The product and service information and descriptions contained herein are not intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. To the fullest extent permissible pursuant to applicable law, the vehicles and equipment sold by GTC on this website are provided “as is” and without warranties of any kind either expressed or implied and GTC disclaims all warranties of products not branded GTC and/or not originally manufactured under the name GTC, such as vehicles and other equipment, expressed or implied, including, but not limited to, implied warranties of title, merchantability and fitness for any particular purpose, relating to your use and/or installation of products offered by GTC. Products and services are provided by GTC at sole risk of purchaser, on a when-available basis.
GTC expressly disclaims any liability for consequential, incidental, special, exemplary, or punitive damages. At no time will GTC be liable to you for special, indirect, incidental, liquidated or consequential damages whatsoever, including but not limited to, costs incurred for service calls, towing, or vehicle downtime, loss of business or profits, and damages arising from operation or use of the products, which may cause serious injury or death. We will not be liable to you for any delay in the delivery, modifications, installation or use of the products, as well as product service life, performance, applicability for the use intended, proper installation, or the accuracy of information provided.
Products sold by GTC may be previously owned (used), newly manufactured (new), new old stock, or modified products originally manufactured-by-others. We are not the manufacturer of items not branded Grigsby Truck Company or GTC and we do not represent any manufacturer of any products offered or sold under the branding of others, GTC does not warrant that materials will be uninterrupted or error-free, or that defects will be corrected. Products sold by us may be rebuilt or modified. These modifications may include, but are not limited to additions of custom components and accessories, suspension modifications, replacement tires and wheels, changes to the frame, upgrades to the transmission and/or engine, and changes to vehicle configuration. Used military vehicles may be sold as mileage exempt, which means the original mileage is not known, therefore we do not warrant the odometer’s current reading on these vehicles. We will list the odometer mileage reading and/or chronometer reading (if installed) and any additional information we know about a particular vehicle or equipment, but what we list is not evidence for the exact condition of the engine, body or chassis. Military vehicles price values are based on current market prices and cannot be verified through Carfax, AutoCheck, Kelly Blue Book, Edmunds, or similar other systems for reporting vehicle history and value.
For customer convenience, we provide as much information about the product as we have access to or knowledge of. All descriptions are our opinion only and should not be considered a complete description of any or all faults, and may not be relied upon, taken as fact, or otherwise considered a representation or warranty of any sort. Previously owned (used) products, to include vehicles, are sold AS-IS, WHERE-IS with all faults known or unknown and with no implied warranty.
Do to the nature of surplus products, vehicles, and equipment We do not guarantee the following for items previously owned:
Product, to include vehicle and equipment, condition as described by GTC
Odometer and speedometer readings or discrepancies;
Frame or body damage whether current or previous;
Incidence of water, fire or theft damage;
Modifications, salvage or rebuild of products;
Vehicular titles, whether current or previous; and
Authenticity or history of the item.
Operation and use of items offered by GTC may be dangerous in nature. You, as the customer, acknowledge these warnings and appreciate the possible dangers these items could pose to you and others and, understand and assume all responsibility in the operation and proper maintenance of the items. You further agree to waive any and all causes of action against GTC and/or any employee and/or officer of GTC resulting from your use and operation of the items. You, as the customer, of products and services offered and sold by GTC, acknowledge that proper service and repair procedures are vital to the safe, reliable operation of all products, as well as the personal safety of those using, operating, installing or otherwise handling a product for any purpose. You further acknowledge that standard safety procedures and precautions (including use of safety belts, safety goggles and other proper tools and equipment) should be followed at all times to eliminate the possibility of personal injury or improper service which could damage products or compromise their safety.
Due to the nature of surplused, or otherwise previously owned (used) vehicles, equipment and other items, GTC does not warranty these type of items or products. Reference the above LIMITATION OF LIABILITY section for further details.
New products and items manufactured by others are covered by the respective manufacturer’s warranty as in said product or item’s documentation, or as advertised by said manufacturer, or as stated in the product or item listing on the GTC website. GTC is a dealer and/or distributor of various products manufactured by other, and not a representative of said manufacturer; all warranty claims for products and items manufactured by others should be addressed with said manufacturer.
All items and products branded Grigsby Truck Company or GTC and sold by GTC shall be covered against manufacture’s defect for a period of one calendar year from date of purchase. This warranty is nontransferable, and remains with the original purchaser from GTC. Proof of purchase must be presented with any warranty claims. Items or products found to be defective or faulty during the warranty period, and used in accordance with intended design shall be replaced or repaired free of charge. Whether replacement or repair is selected is totally and completely at the discretion of GTC. Items or products which have been abused, or otherwise used in for applications other than those intended by the manufacturer will not be warranted. Abuse shall void warranty. Use in any capacity other than that which was intended by the manufacturer shall constitute abuse. Any modification to GTC products by any others than GTC shall void this warranty. GTC products requiring mechanical installation on or to other equipment will be accompanied by installation instructions, these instruction must be followed during installation, and any deviation from instructions not specifically approved in writing by GTC shall void this warranty.
Jurisdictions have varying laws, codes and regulations governing installation and/or use of products for particular purposes. Certain products may not be available for sale in all areas. Unless otherwise expressly set forth herein, GTC makes no representation that materials on this website are appropriate or available for use in any location, and we make no guarantee of compliance or suitability of the products we sell with any laws, codes or regulations, nor do we accept responsibility for installation and/or use of products. Those who choose to access this website do so on their own initiative and are responsible for compliance with all applicable laws, codes and regulations for each relevant jurisdiction.
These terms shall be governed and interpreted in accordance with the laws of the State of Oregon, United States of America.
If GTC fails to enforce any right or provision of these terms, it is not considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
TRADEMARKS AND COPYRIGHTS
All trademarks, trade names, logos, copyrights, registrations, and icons are proprietary to GTC. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of GTC or such third party that may own the trademarks displayed on this website. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited.
The following are registered trademarks of GTC: Grigsby Truck Company®, Durable Life®, Rediscover Durability®.
This website is owned and operated by GTC. Except as otherwise expressly permitted by GTC, no materials from this website or any website owned, operated, licensed or controlled by GTC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this website for your use only provided you also retain all copyright and other proprietary notices contained on the materials. You, or anyone authorized by you, may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without our written permission. Any unauthorized use of these materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. GTC neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with us.
PAYMENT AND CREDIT TERMS
If you wish to purchase any product or service made available by GTC, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. We accept cashier’s checks, money orders, business checks, bank wires (upon prior authorization), Stripe, PayPal and the following credit cards: Visa, MasterCard, Discover, American Express, Diners Club, and JCB. All payments must be made in U.S. dollars.
When you make a purchase or solicit a service with GTC, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time, for reasons including but not limited to the following: Product or service availability, errors in the description or price of the product or service, errors in your order, restrictions regarding shipping to your location imposed by any federal or state government(s), if fraud or an unauthorized or illegal transaction are suspected.
Parts may be returned with prior authorization and returns may be subject to a 30% restocking fee. VEHICLE SALES ARE FINAL. Please see our Return Policy for further information on returns and exchanges.
GTC does not offer or imply any credit of any kind to any entity, person, persons, business, or other(s) not mentioned here.
Vehicles and equipment may be inspected at our location in Bend Oregon before rendering payment for said item. Any expense incurred to facilitate the aforementioned inspection is the sole responsibility of the customer.
BACK ORDERED ITEMS
IF GTC should run out of stock of an item or items that you have ordered you will not be charged for those item(s), and they will be listed as Back Ordered until they are shipped. Every attempt will be made to fulfill all the items on your order in a timely manner.