Terms and Conditions
Covering use of our website, browsing and purchasing trailers, placing holds, submitting inquiries, and selling or trading trailers through our platform.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Buyer means any individual or entity that submits an Inquiry, places a Hold, or otherwise seeks to purchase a Trailer through the Service.
- Country refers to: Alabama, United States.
- Company (referred to as either "the Company", "We", "Us", or "Our" in this Agreement) refers to HD Trailers, 19650 Co Rd 70, Andalusia, AL 36421, USA.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Hold means a temporary reservation placed on a Listing through the Service that removes a Trailer from general availability for a limited period, as further described in the "Holds" section below.
- Inquiry means any message, form submission, or other communication sent through the Service by a user regarding a Listing, including questions about a Trailer's condition, pricing, availability, or financing.
- Listing means any advertisement, description, photograph, or other content posted on the Service describing a Trailer that is available for sale, trade, or consignment.
- Seller means any individual or entity that submits a Trailer for sale, trade, or consignment through the Service, whether the Trailer is owned by the Seller or offered on the Seller's behalf.
- Service refers to the Website.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
- Trailer means any trailer, towable unit, or related equipment listed, described, or offered for sale, trade, or consignment through the Service.
- Website refers to HD Trailers, accessible from hdtrailers.com.
- You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, Buyers, Sellers, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Nature of the Service
HD Trailers operates a dealership listing platform that allows Sellers to list Trailers for sale, trade, or consignment, and allows Buyers to browse Listings, submit Inquiries, and place Holds. The Company may act as a dealer, a consignment agent, or a listing platform depending on the arrangement associated with a particular Trailer, and the applicable role will be identified in the Listing or communicated to You directly whenever reasonably possible.
Nothing on the Service constitutes a binding offer to sell a specific Trailer at a specific price unless and until the Company confirms the transaction in writing. The Company reserves the right to correct pricing errors, remove Listings, or decline any transaction at its sole discretion.
Listings and Trailer Descriptions
The Company makes reasonable efforts to ensure that Listings accurately describe the condition, specifications, and features of each Trailer. However, descriptions, photographs, dimensions, weights, and pricing are provided for general informational purposes and may contain errors or omissions. You are encouraged to independently inspect any Trailer and confirm its condition, title status, and specifications before completing a purchase, trade, or sale.
Trailers offered through the Service may be sold "as is" unless a written warranty is separately provided by the Company or a third party. Unless expressly stated otherwise in a Listing or a separate written agreement, the Company makes no representations regarding the fitness of any Trailer for a particular purpose.
Buying a Trailer
Buyers may browse Listings, submit Inquiries, and request additional information, photographs, or inspection appointments through the Service. Submitting an Inquiry does not obligate the Company to sell a particular Trailer to You, and does not obligate You to complete a purchase.
All purchases are subject to the availability of the Trailer at the time a transaction is finalized. Because inventory changes and multiple Buyers may be interested in the same Trailer, a Listing remaining visible on the Service does not guarantee that the Trailer remains available.
Final sale terms, including price, payment method, delivery or pickup arrangements, and any applicable taxes, title, and registration fees, will be set out in a separate purchase agreement or bill of sale between You and the Company. These Terms govern Your use of the Service and do not themselves constitute a purchase agreement.
Selling or Trading a Trailer
Sellers who wish to sell, trade, or consign a Trailer through the Service may be asked to submit information about the Trailer, including its make, model, year, condition, title status, and photographs. By submitting a Trailer for listing, You represent that You have the legal right to sell, trade, or consign the Trailer, that the information provided is accurate to the best of Your knowledge, and that the Trailer is free of undisclosed liens or encumbrances unless otherwise disclosed to the Company in writing.
The Company reserves the right to decline, edit, or remove any Listing submitted for sale, trade, or consignment at its sole discretion, including where the Company is unable to verify ownership, title status, or condition.
Trade-in valuations, if offered, are estimates based on the information and condition disclosed at the time of the offer. The Company reserves the right to adjust a trade-in valuation upon physical inspection of the Trailer.
Holds
The Service allows Buyers to place a Hold on a Trailer directly through the Website. A Hold temporarily removes a Trailer from general availability for a limited period so that the Buyer may complete an inspection, arrange financing, or finalize a purchase decision.
The length of a Hold, any deposit or fee required to place a Hold, and the conditions under which a Hold may be extended, refunded, or forfeited will be presented to You at the time You place the Hold. If a Hold expires without the transaction being completed, the Company reserves the right to release the Trailer back into general availability and to accept offers from other Buyers.
The Company reserves the right to cancel a Hold at its discretion, including in cases of suspected fraud, non-responsiveness from the Buyer, or an error in the Listing. Where a deposit was collected in connection with a cancelled Hold, the Company will address the disposition of that deposit in accordance with the terms disclosed at the time the Hold was placed.
Inquiries and Communications
When You submit an Inquiry through the Service, You consent to being contacted by the Company by phone, email, or text message regarding that Inquiry and related Listings. You may opt out of marketing communications at any time, though the Company may still need to contact You regarding an active Inquiry, Hold, or transaction.
User Accounts
Certain features of the Service, such as placing a Hold, saving Listings, or submitting a Trailer for sale, may require You to create an account. You are responsible for maintaining the confidentiality of any login credentials associated with Your account and for all activity that occurs under Your account. You agree to notify the Company promptly of any unauthorized use of Your account.
The Company reserves the right to suspend or terminate any account that provides false information, violates these Terms, or is used for fraudulent or unlawful activity.
Financing and Third-Party Services
The Company may provide links, referrals, or information regarding third-party lenders, insurers, transport companies, or inspection services. These third parties are independent of the Company, and the Company does not guarantee their services, rates, or approval decisions. Any agreement You enter into with a third party is solely between You and that third party, and the Company is not responsible for any dispute, loss, or damage arising from Your use of a third-party service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately, including any right to maintain an active Hold, unless otherwise agreed in writing by the Company.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind, and We hereby disclaim all warranties and conditions with respect to the Service, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
This disclaimer applies to the Service itself and does not limit any separate written warranty that the Company may provide for a specific Trailer at the time of sale.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Website may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, a Listing, a Hold, or a transaction, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) You are not listed on any United States Government list of prohibited or restricted parties.
Severability and Waiver
- Severability, if any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
- Waiver, except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our services after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the services.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us at Sales@hdtrailers.com or via hdtrailers.com/contact.