TERMS & CONDITIONS

These Terms & Conditions (“Terms”) govern your access to and use of the website located at www.ertrailer.com (the “Site”), operated by E & R Trailer Sales & Service Inc. (“E & R,” “Company,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, OR BY PURCHASING PRODUCTS FROM US, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS SITE.

1. Company Information

2. Changes to These Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. Updated Terms will be posted on this Site with a revised Effective Date.

Your continued use of the Site following any changes constitutes acceptance of those changes.

3. Eligibility

You must be at least 18 years old and capable of entering into a legally binding contract to use this Site or purchase products.

By using this Site, you represent and warrant that:

• You have authority to place orders.
• All information provided is accurate and complete.
• Your use complies with all applicable laws.

4. Use of Site Content

All content on this Site, including text, images, graphics, logos, product descriptions, layout, and design (collectively, “Content”), is the property of E & R Trailer Sales & Service Inc. or its licensors and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for personal or business purchasing purposes.

You may not:

• Copy, reproduce, republish, distribute, or modify any Content without prior written consent
• Use automated systems (bots, scrapers, spiders)
• Attempt unauthorized access to any portion of the Site
• Introduce malicious code
• Interfere with Site functionality

We reserve the right to terminate access for violations.

5. Product Information & Availability

We strive for accuracy but do not guarantee that:

• Product descriptions are error-free
• Pricing is always accurate
• Products are always available

We reserve the right to:

• Correct pricing errors
• Cancel orders resulting from pricing mistakes
• Limit quantities
• Refuse service at our discretion

Product images may not exactly represent the final product.

6. Orders & Acceptance

Your order constitutes an offer to purchase. Orders are not binding until accepted by E & R.

We may refuse or cancel orders due to:

• Pricing errors
• Suspected fraud
• Inventory shortages
• Payment issues

7. Payment Terms

At this time, purchases are processed as:

• Approved charge account transactions; or
• Cash on Delivery (COD), where applicable

Approved account holders are subject to the terms of their separate credit agreement.

Failure to pay invoices when due may result in:

• Suspension of account privileges
• Finance charges (if permitted by agreement)
• Collection efforts

8. Shipping & Risk of Loss

• We ship only within the United States.
• Shipping times are estimates only.
• Risk of loss passes to the customer upon transfer to the carrier.

E & R is not responsible for shipping delays caused by carriers, supply chain issues, weather, or other circumstances beyond our control.

Customers must inspect shipments upon receipt and report damage promptly.

9. Fitment & Installation Disclaimer

Customers are solely responsible for verifying correct part numbers and compatibility prior to purchase.

E & R Trailer Sales & Service Inc. is not responsible for:

• Incorrect part selection
• Improper installation
• Modifications
• Misuse or abuse
• Failure to follow manufacturer instructions

Professional installation is recommended where applicable.

10. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE SITE, ITS CONTENT, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

E & R TRAILER SALES & SERVICE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS

Any applicable product warranty is provided solely by the manufacturer.

We do not guarantee uninterrupted or error-free operation of the Site.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

E & R TRAILER SALES & SERVICE INC. SHALL NOT BE LIABLE FOR ANY:

• INDIRECT
• INCIDENTAL
• CONSEQUENTIAL
• SPECIAL
• EXEMPLARY
• PUNITIVE DAMAGES

INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS
• LOSS OF USE
• LOSS OF DATA
• BUSINESS INTERRUPTION
• PROPERTY DAMAGE

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SOME STATES DO NOT ALLOW LIMITATIONS ON LIABILITY, SO CERTAIN LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation on Time to File Claims

Any claim or cause of action arising out of or related to these Terms, the Site, or any products must be filed within one (1) year after the claim arises, or it is permanently barred.

13. Indemnification

You agree to indemnify, defend, and hold harmless E & R Trailer Sales & Service Inc., its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from:

• Your misuse of the Site
• Your violation of these Terms
• Improper installation or use of purchased products
• Your violation of any law or third-party rights

14. Third-Party Services & Links

We may use or link to third-party services, including:

• OPTICAT (catalog services)
• Email marketing platforms
• Facebook advertising

We are not responsible for the content, policies, or practices of third-party services.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles.

Any legal action shall be brought exclusively in a court of competent jurisdiction located in the State of Ohio.

16. No Export

Products may not be exported in violation of U.S. law. We ship only within the United States.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and E & R Trailer Sales & Service Inc. regarding use of the Site and supersede all prior agreements or understandings.

19. Contact Information

  E & R Trailer Sales & Service Inc.
20186 Lincoln Hwy
Middle Point, OH 45863

  419-968-2115

  ertrailer@ertrailer.com

  www.ertrailer.com