Documentation. Your Motor Vehicle Order Agreement (the “Agreement”) is made up of the following conditions:
The agreement is between you and Black Series Camper Inc. California Off Road Trailers acts as refer to the manufacturer. Within 2 business days the manufacture will responded and send appropriate documentation to confirm order reservation
Agreement to Purchase.
You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle order form from Black Series Camper Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with a Black Series Camper Inc., representative. Options, features or hardware released or changed after you place your order may not be included in or available for your Vehicle. If you are purchasing a used Vehicle, it may exhibit signs of normal wear and tear in line with its respective age and mileage.
Purchase Price, Taxes and Official Fees.
Final purchase price, taxes and fees are at the discretion of Black Series Camper Inc. The purchase price of the Vehicle is indicated in your Vehicle order. This purchase price does not include taxes and official or government fees, which could amount to up to 10% or more of the Vehicle purchase price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Vehicle, they will be calculated closer to the time of delivery and indicated on your final purchase price. You are responsible for paying these additional taxes and fees. If Black Series Camper Inc., is registering your Vehicle, this will be due when you pay the purchase price. If you are registering your Vehicle in a self-registration state, the sales tax and state-applicable registration fees may be due at time of registration. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-me electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer. If you are purchasing a used Vehicle, your Order Deposit will be applied to your Purchase Price. California Off Road Trailers, will in good faith, attempt to make effort to keep purchase price of vehicle according to order date.
Order Process; Cancelation; Changes.
After you submit your completed order with a deposit collected by the payment processor, we will begin the process of preparing and coordinating your Vehicle delivery. At this point, you agree that any paid Order Fee, Order Deposit and Transportation fee have been earned. If you cancel your order or breach this Agreement and we cancel your order due to fruad, you agree that we may retain as liquidated damages the Order Deposit Fee, Order Deposit and Transportation Fee, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee, Order Deposit and Transportation Fee are a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the Vehicle, costs which are otherwise impracticable or extremely difficult to determine. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original Order Deposit Date. Any changes made by you to your Vehicle Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Vehicle Configuration that will form part of this Agreement. The Order Fee, Order Deposit, Transportation Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery; Transfer of Title.
If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you of when we expect your Vehicle to be ready for delivery at a location agreed to by you and Black Series Camper Inc.,. You agree to schedule and take delivery of your Vehicle within three (5) business days of this date, excluding federal holidays. If you do not respond to our notification or are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers. For new vehicles, if you do not take delivery within six (6) months of our first attempt to notify you, Black Series Camper Inc., may cancel your order and keep your Order Deposit Fee. If you wish to pick up or take delivery of your Vehicle in a state where we are not licensed to sell the Vehicle, or if you and Black Series Camper Inc., otherwise agree, Black Series Camper Inc., will, on your behalf, coordinate the shipment of your Vehicle to you, generally from our factory in California or another state where we are licensed to sell the Vehicle and have available inventory of the model you ordered. In such a case, you agree that this is a shipment contract under which Black Series Camper Inc., will coordinate the shipping of the Vehicle to you via a third-party common carrier or other mode of transport. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the transport (i.e., FOB shipping point). During such transit, your Vehicle will be insured at no cost to you, and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in transit. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled. If you choose to pick up or take delivery of your Vehicle in a state in which we are not licensed to sell the Vehicles, the Vehicle may be delivered or shipped to you from a state in which Black Series Camper Inc., likewise does not have a license to sell the Vehicles. In such a case, you agree that the sale is transacted, and legal title to the Vehicle transfers to you, in the State of California, at the later of the time that you make your final payment to Black Series Camper Inc., in California or if Black Series Camper In., approves your purchase from a sales or delivery location in California (if applicable). The estimated delivery date of your Vehicle, if provided, is only an estimate as we do not guarantee when your Vehicle will actually be delivered on that exact date. Your actual delivery date is dependent on many factors, including your Vehicle’s model and manufacturing availability. Black Series Camper Inc., will make every effort to deliver the Vehicle during the specified time period according to order date and Black Series Camper Inc., Manufacturers Representative.
Obsolete Hardware and Future Features and Updates.
Vehicle features and hardware may not be provided for your Vehicle, or may not be included all existing or new features or functionality, due to your Vehicle’s age, configuration, or parts, after the expiration of your Warranty. Black Series Camper Inc., or California Off Road Trailers are not liable for any parts or labor or any other cost needed to update or retrofit the Vehicle so that it may receive these new features, or any Vehicle issues occurring after the installation of any features due to obsolete, malfunctioning (except as covered by Black Series Camper Inc., Warranty) or damaged hardware.
You will receive the Black Series Camper Inc., New Vehicle Limited Warranty, as applicable, at or prior to the time of Vehicle delivery or pickup. You may also obtain a written copy of your warranty from Black Series Camper Inc., upon request. California Off Road Trailers, does not fulfill any warranty claims or express responsibility or any promises or guarantees made by Black Series Camper Inc., By agreeing to this TOS agreement you hold California Off Road Trailers harmless for any claim or defects arising prior to or after delivery of the Vehicle.
Limitation of Liability.
We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee, or Order Deposit.
Agreement to Arbitrate Deposit.
Please carefully read this provision, which applies to any dispute between you and California Off Road Trailers. California Off Road Trailers, is not responsible for financing, taxes, warranty, payment plan or any and all interaction with Black Series Camper Inc., If you have a concern or dispute, please send a written notice describing it and your desired resolution to [email protected]. If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and califforniaoffroadtrailers.com may not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our services. We will pay all AAA fees for any arbitration, which will be held in the city or county of Los Angeles. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org. The arbitrator may only resolve disputes between you and California Off Road Trailers, and may not consolidate claims without the consent of al pares. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others ordering vehicles. In other words, you and California Off Road Trailers may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated. If you prefer, you may instead take an individual dispute to small claims court. You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: California Off Road Trailers; 2855 Palomino Drive Suite #108, stating your name, Vehicle Identification Number, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement of the order fee.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement. Payment of deposit, deposit fee or order fee constitutes agreement to the terms of this document.
California Off Road Trailers reserves the right to edit or change the conditions of the Terms of Service at any time.