Terms of service
PRE-PURCHASE ORDER AGREEMENT
This Pre-Purchase Order and Deposit Agreement (the “Contract”) is entered into on the date of acceptance, by and between CarCamp, LLC (“the Company” or “CarCamp”) and _____ (“Buyer”), notated on associated order documentation, (cumulatively referred to as “the Parties”).
In consideration of the Products to be rendered, the sums to be paid, and each and every covenant and condition contained herein, the parties hereto agree as follows:
1. Products. The Buyer hereby orders and the Company agrees to provide the purchased products
2. Buyer recognizes and agrees that this is an Agreement to purchase products that are intended to be used with a vehicle and not actual modifications, work, and/or services on a vehicle.
3. Payment
a. Initial Non-Refundable Order Deposit. Buyer will send an build deposit of 30% of ticket items over $450 to the Company with this Contract, signed, to establish an Order of the Products outlined herein above. The deposit amount is non-refundable. The Products being created are custom and Company incurs significant costs and time expenditures related to ordering materials, manufacturing and coordinating the delivery of the Products. The Deposit is a fair and reasonable estimate of the actual damages the Company may incur if Buyer cancels the Order.
b. Final Payment. The remaining amount of 70% is still owed by the Buyer to the Company upon notice of completion of the Products identified above before shipping or pick-up will be completed. Once Final Payment is completed, the Products will be available at the Company’s location for pickup or shipping. Final Payment must be completed prior to or in conjunction with pickup of Products. No Products will be released to Buyer without complete payment. These amounts do not include shipping, delivery or install costs.
c. Taxes. All applicable taxes, including but not limited to North Carolina sales tax, any duties together with any other import fees, governmental or any other fees or taxes of any kind due on account of the purchase(s) hereunder shall be paid by the Buyer.
4. Any and all CarCamp products are for PERSONAL USE ONLY. IT IS NOT INTENDED FOR COMMERCIAL USE OR RENTAL.
5. Time of Completion. The Company estimates that it will take 14 business days from the Order date herein to complete these Products. This is simply a time estimate and not a hardline Products completion date. The Company states and Buyer agrees that Buyer has no claims and the Company has no potential liability to Buyer for delay in development, preparation and scheduled availability of the Products. Buyer herein waives and agrees it will have no claims or damages against the Company for any delays that may occur for the Time of Completion of Products.
6. Pickup or Shipping At this time, and under this Contract, Products are available to Buyer for pickup or shipping, when full payment has been made. When Products are ready for Final Payment and Pickup or Shipping, the Company will notify Buyer and coordinate pickup/shipping. Shipping Fees are not listed on this agreement.
7. Liability and Indemnity. The Company assumes no liability to Buyer or Buyer’s guests, family members, passengers, or other Buyer invitee individuals who use or ride in Buyer’s vehicle with Products, or who use or transport the product outside of a vehicle. The Buyer agrees to defend, indemnify, and hold the Company harmless from any and all suits or other claims by third parties stemming or emanating from the installation and use of Products outlined in this Agreement. The Buyer assumes responsibility for damages to other property incurred while using the product in or out of a vehicle. The Buyer assumes responsibility for damages incurred to the product while in use or transport, after initial receipt of package from the shipping company. The Buyer agrees never to use the product in any capacity while the vehicle is in motion.
8. Warranty of Work: The Products simply have a warranty against any defects at time of purchase. Buyer should inspect Products at time of pick up and notify the Company if any alleged defects exist. There is no extended warranty in general or for natural wear and tear, abuse of the Products and/or vehicle in which they may be installed, negligence in installation, operation, and use, or any damage caused by any accidents in which the vehicle in which the Products are installed or transported is involved. No warranty work will be completed if any monies are still owed and outstanding by the Buyer to the Company.
9. Miscellaneous.
A. Future Purchases. This document contains important information about Buyer’s (future) purchases. It and the provisions and terms herein automatically apply to all purchases and transactions Buyer has with the Company.
B. Not for Resale. Any Products purchased by the Buyer in accordance with this Agreement shall be purchased for the Buyer’s own use and not for the purpose of resell to any other individual or entity. These Terms and Conditions only apply to natural persons customers and are not applicable for retailers and legal entities. There is no resale allowed by any businesses or other retailers.
C. No Export. In accordance with this Agreement no Products shall be purchased for the purpose of export to any country. The Buyer agrees not to export, re-export or transfer any Products without obtaining the explicit written permission of the Company.
D. Entire Agreement. The foregoing, along with the attached estimate and any other exhibits, shall and does constitute the entire agreement of the parties, and there are no other provisions written or oral between parties. Any modification to this Contract shall be in writing, shall refer to the Contract and shall be signed by the parties charged.
E. Remedies. In addition to any and all other rights a party may have available under the laws of the State of North Carolina, if a party defaults or breaches this Contract by failing to substantially perform any provision, the other party may terminate this Contract by providing written notice to the defaulting/breaching party. This notice shall describe the nature of the default(s) with sufficient detail. The party receiving the notice shall have _30_ days from the effective date of said notice to begin curing the default(s). Unless waived by the party providing notice, failure to cure or begin curing the default(s) within such time period shall result in automatic termination of this Contract. Termination of this Contract by Buyer will not include return of the Deposit.
F. Force Majeure. If performance of this Contract or any obligation under it is prevented, restricted or interfered with by causes beyond either party’s reasonable control, and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.
G. Governing Law and Venue. The Company and the Client agree that this Contract shall be governed by and construed in accordance with the laws of the State of North Carolina. The Parties agree that any suit relating to the Project under this Contract must be filed in Buncombe County, North Carolina.
H. Unenforceability of Provisions and Severability. If any provision of this Contract, or any portion thereof is held to be invalid and unenforceable, then the remainder of this Contract shall nevertheless remain in full force and effect. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
I. Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel compliance with all other provisions of this Contract.
J. Attorneys’ Fees. In the event that there is alleged breach of this Contract and claims or a lawsuit ensues out of the responsibilities, duties and obligations under this Contract, then the prevailing party is entitled to have his or her attorney’s fees and costs paid by the losing party. Additionally, the Buyer agrees to pay all costs and expenses, including reasonable attorney and other legal fees, incurred by the Company in collecting any outstanding debt owed by the Buyer to the Company under this Contract.
K. Survival. All representations and warranties of the Parties contained herein shall survive termination of this Contract and completion of the subject Project.
IN WITNESS WHEREOF, the undersigned have executed this Contract as of the day and year first written above written to identical counterparts, each constituting an original of the document. Buyer hereto agree that facsimile and scanned signatures shall be as effective as if originals.
BUYER:
Sign: _____________________________________ by electronic agreement Date:
LIABILITY WAIVER AND INDEMNITY AGREEMENT
Buyer assumes all risk and liability whatsoever from the installation and use of CarCamp Kits and Products. In the event of a collision or vehicular accident of any sort, CarCamp assumes no liability whatsoever for loss, loss of use, injury, loss of life and/or incidental or consequential damages.
If the Buyer does modify the interior of his or her vehicle for purposes of using Products, such actions are voluntarily and unilaterally taken by Buyer and Buyer assumes all risk and waives all responsibility against the Company for any claims, damages or other allegations that may emanate from such situation and actions or omissions of Buyer.
By signing this Agreement, Buyer acknowledges the risks associated with the installation and use of the Products and, as a condition to Pre-Order and receive and use Products, agrees to: (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH; (2) WAIVE, RELEASE, and NOT SUE, NOR MAKE ANY CLAIMS OR FILE ANY ACTIONS against CarCamp, LLC as well as any owner, operator, representative, employee, insurance carrier, subsidiaries, affiliates, shareholders, members, officers, directors, representatives, assignees, employees, and agents (“Releasees”); and (3) INDEMNIFY, DEFEND AND HOLD Releases harmless from any and all claims, demands, actions, causes of action, losses or liabilities of it or third parties whatsoever arising from or related to Buyer’s installation and use of the Products.
If by chance Buyer, third parties involved because of the product bought, or others in the chain of commerce, has claims or damages against the Company, such claims and recovery are limited to and shall not exceed the cost of the Products purchased by Buyer.
BUYER HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS AND AGREES WITH ITS CONTENTS AND SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. This Agreement shall be binding upon Buyer’s assignees, subrogees, distributors, heirs, next of kin, executors, personal representatives, and guests and passengers.
BUYER:
Sign:_____________________________________ Date:
I have read and understand the above agreement
Free or paid rental agreement:
**Car Camping Kit Rental Agreement**
This Car Camping Kit Rental Agreement (the "Agreement") is entered into on [Date]__________ (the "Effective Date") between the following parties:
**Owner:** CarCamp (hereinafter referred to as "Owner")
**Renter:** [Renter's Full Legal Name]_________________________ (hereinafter referred to as "Renter")
**1. Rental of Car Camping Kit:**
Owner agrees to rent the CarCamp Kit, including all associated components and equipment (the "Kit"), to Renter for a specified period commencing on [Start Date]__________ and ending on [End Date]__________. “Rent” is $0 and shall not include a monetary charge, except in the case of late return, or damage to the kit or kit paraphernalia.
**2. Damage Charges:**
Renter acknowledges that their credit card information is on file with the Owner solely as a security measure. The credit card will only be charged under the following conditions:
a. Damage to the drawer slides will result in an $90 charge per individual damaged slide.
b. Replacement of drawers without damage to slides will result in a charge of $150 per drawer.
c. Replacement of the base of the kit will result in an $800 charge.
d. Replacement of the second and third tiers of the kit will result in a charge of $600 per tier.
e. Replacement of tri-fold mattress $100
f. Replacement of linen sheet set $120
g. $50 per day for late return of the kit, or any parts of the kit, after the rental agreement “End Date,” noted in Section 1.
Renter acknowledges security deposit and agrees to damage charges by accepting this agreement.
**3. Assumption of Risk:**
a. Renter acknowledges and agrees that CarCamp, its members, representatives, and affiliates are not responsible for any injury or death sustained while using the CarCamp Kit, whether by Renter or any persons invited by Renter to use the Kit. Renter assumes full responsibility for any injury or death sustained by themselves, other users, or any passersby while the Kit is in their possession.
b. CarCamp, its members, representatives, and affiliates are not responsible for any injury or death sustained by drivers or passengers of the occupied vehicle, or other vehicles, while using the Kit. Renter assumes full responsibility and liability for the contents of their vehicle. Renter agrees never to use the product in any capacity while the vehicle is in motion.
**4. Hold Harmless Agreement:**
I, the undersigned Renter, hereby agree to hold harmless, indemnify, and release CarCamp, its designers, builders, company officials, employees, representatives, and affiliates from any liability, loss, injury, or death sustained to myself or any other individuals as a result of the possession and use of the CarCamp Kit during the rental period. I understand that this agreement releases Car Camp from any liability, except for damage charges as specified in Section 2 of this Agreement.
**5. Governing Law:**
This Agreement shall be governed by the laws of [North Carolina, United States].
**6. Entire Agreement:**
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, representations, and understandings. No modification of this Agreement shall be effective unless in writing and signed by both parties.
**7. Signatures:**
In witness whereof, the parties hereto have executed this Car Camping Kit Rental Agreement as of the Effective Date.
Owner: Audra Schroeder
Renter: [Renter's Signature by electronic acceptance]