TRAIL MAXX TRAILERS'
MANUFACTURER'S LIMITED WARRANTY
MANUFACTURER'S LIMITED WARRANTY FOR ALL PRODUCTS MANUFACTURED BY TRAIL MAXX TRAILER SALES, LLC AND SOLD UNDER THE "TRAIL MAXX" LABEL ARE SUBJECT TO SPECIFIC AND IMPLIED WARRANTIES AS FOLLOWS:
Trail Maxx Trailer Sales, LLC warrants that each Trail Maxx trailer operated by the original purchaser under normal use in the Continental United States or Canada will be free from defects in materials and workmanship for one (1) year following the original purchase, subject to the requirements, exclusions, and limitations stated below which will be strictly applied.
THREE-YEAR LIMITED WARRANTY
Subject to the requirements, exclusions, and limitations stated below, the structure of your Trail Maxx trailer is warranted to the original retail purchaser against defects in materials and workmanship by Trail Maxx Trailer Sales, LLC, arising from normal use for three (3) years from the date of purchase. The structure is that portion of the trailer that includes the main frame, consisting of the bottom rails, cross members, and the sub-frame, excluding the floorboards (where applicable) and running gear.
Trail Maxx Trailer Sales, LLC warrants its paint finish to be consistent with industry standards for 90 days from the date of original retail purchase, with the exceptions of "normal use" limitations set forth below and of deterioration due to use or exposure, such as chipping, scratching, fading, cracks in caulk seams, road salt or tar, damage by animals or pressure washing. Warrantable paint repairs are limited to spot repairs and blending consistent with standards in the trailer industry.
Lumber is warranted for 90 days from the date of the original retail purchase.
Wiring is warranted for one (1) year from the date of purchase. Damage due to customer neglect, extreme weather conditions, road salt/tar, or damage by animals will not be covered.
Any trailer utilized as a rental unit or as part of a rental combination with rental equipment is warranted for 90 days from the date of the original retail purchase.
EXCLUSION OF COMPONENTS WARRANTED BY OTHER MANUFACTURERS
Tires, axles, brake components, springs and suspension components, couplers, jacks, hydraulic components, and batteries purchased and installed by Trail Maxx Trailer Sales, LLC are warranted by their respective manufacturers and are excluded from this Trail Maxx Limited Warranty.
NORMAL USE, NO REPAIRS OR ALTERATIONS
This Limited Warranty covers only defects in original components which arise from normal use and does not apply if the trailer has been subjected to negligence, accident, abuse, misuse, neglect, overload or has been repaired or altered without the prior written consent of Trail Maxx Trailer Sales, LLC Normal wear items, including but not limited to struts, lights, bearings, brakes, brake linings, tires and batteries will not be replaced due to wear.
TRANSPORTATION COSTS EXCLUDED
Transportation of any trailer to and/or from your dealer or any Trail Maxx approved repair facility shall be the responsibility of the trailer owner. Trail Maxx Trailer Sales, LLC shall not be liable for any such costs.
PRIOR WRITTEN CONSENT IS REQUIRED AND THE RETURN OF DEFECTIVE PARTS REQUIRED
No reimbursement will be made to any dealer or owner for repairs made without the prior written consent of Trail Maxx Trailer Sales, LLC. Any defective part(s) must be sent by prepaid freight to Trail Maxx Trailer Sales, LLC in order to qualify for replacement or reimbursement under this Limited Warranty.
OTHER PRODUCTS EXCLUDED
This Limited Warranty applies exclusively to trailers manufactured by Trail Maxx Trailer Sales, LLC .Any products not manufactured by Trail Maxx Trailer Sales, LLC are specifically excluded from this warranty. Authorized repairs do not extend the term of this Limited Warranty.
THE SOLE RESPONSIBILITY TRAIL MAXX TRAILER SALES, LLC UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR AND REPLACE PARTS AT A TRAIL MAXX FACTORY; HOWEVER, UNDER UNUSUAL CIRCUMSTANCES WITH PRIOR WRITTEN APPROVAL AND AT TRAIL MAXX TRAILER SALES, LLC DISCRETION, A REASONABLE ALLOWANCE MAY BE MADE FOR REPAIR OFF SITE. ALL OTHER OBLIGATIONS OR LIABILITIES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF THE FAILURE OF ANY PARTS TO OPERATE PROPERLY, ARE HEREBY EXCLUDED, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, INCONVENIENCE, LOSS OF TIME, COMMERCIAL LOSS OR ANY OTHER TYPE OF DAMAGES, GENERAL OR SPECIFIC, FORESEEN OR UNFORESEEN, UNLESS APPLICABLE STATE LAW PROVIDES OTHERWISE.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND REPRESENTATIONS. TRAIL MAXX TRAILER SALES, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO TRAIL MAXX TRAILERS WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. NO ONE, INCLUDING AN AUTHORIZED TRAIL MAXX TRAILERS DEALER, IS AUTHORIZED TO MAKE FURTHER OR ADDITIONAL WARRANTIES ON BEHALF OF TRAIL MAXX TRAILER SALES, LLC. ALL IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR INTENDED USE ARE LIMITED TO WARRANTY PERIODS STATED ABOVE UNLESS ANY APPLICABLE STATE LAW PROVIDES OTHERWISE.
DISPUTES UNDER THIS LIMITED WARRANTY
Any and all disputes and claims of any kind and nature whatsoever arising under this Limited Warranty shall be handled as provided in any agreement of purchase and sale for the Product.
If such agreement does not include an express provision relating to the handling of disputes and claims, then the following terms shall apply to this Limited Warranty: This Limited Warranty shall be deemed to have been made in the State of Texas (without regard to the conflict of law principals of the State), including all matters of construction, validity, and performance regardless of the location of the Product. You expressly waive any and all rights to a jury trial regarding any dispute hereunder. You hereby irrevocably submit to the exclusive jurisdiction and venue of courts sitting in Titus County, Texas, You hereby irrevocably waive, and hereby agree not to assert by way or motion, defense, or otherwise, any claim that you are not subject personally to the jurisdiction of such courts, that the Product or any other property of yours is exempt or immune from attachment or execution, that any action brought under this Limited Warranty is brought in an inconvenient forum, that the venue of the action is improper or that this Limited Warranty cannot be enforced by any such courts.