IMPORTANT READ CAREFULLY: This Trailer Agreement is a legal agreement between you (“Buyer”) and Tumbleweed Tiny House Company, a California company with a principal business address of 1450 Valley Street, Colorado Springs CO 80915 (hereinafter “Licensor,” “we,” “Seller,” or “us”). By purchasing the trailer, you agree to be bound by the terms of this Agreement. Either of us may be referred to individually as a “Party” or collectively as the “Parties.”
All trailer sales are final. Trailers are a customized product and as such, Tumbleweed Tiny House Company does not offer refunds on trailer sales.
This sale does not give the Buyer any rights to reproduce, distribute, or make any other use of the TUMBLEWEED®, ELM®, MICA™, LINDEN™, CYPRESS® Trademarks and logos, any plans, specifications, instructions, manuals, photographs or other such materials supplied with your Trailer without our express written permission.
TRAILER PICK UP
Buyer agrees to pick up trailer within 9 (nine) weeks of order. If trailer is not picked up within 9 (nine) weeks of order, Seller will charge Buyer $100 per week for each week trailer is not picked up after the ninth (9th) week.
Buyer is purchasing a trailer from the Seller. Trailer warranty may be provided by the manufacturer of the trailer.
Seller can make no guarantee that Buyer will be able to use this structure for Buyer’s intended purposes, PLEASE CHECK YOUR LOCAL CODES AND STATUTES. SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY ARISING BY OPERATION OF LAW OR STATUTE, COURSE OF DEALING, USAGE, TRADE PRACTICE OR PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT.
The trailer you have purchased has been certified to meet the applicable Federal Motor Vehicle Safety Standards (FMVSS) for a trailer over 80 inches wide and less than 30 feet long. The date of manufacture is provided on the certification label located on the tongue of your trailer. A link to the lighting requirements for trailers of this size and length is provided below: http://www.nhtsa.gov/cars/rules/standards/conspicuity/trlrpstr.html#trlr6
The proper Society of Automotive Engineers (SAE) lens code for each of the lamps, signals and reflectors can be found in column 2 of the chart in the link provided above. It is imperative that any alterations to the purchased trailer do not exceed the gross vehicle weight rating stated on the certification label.
If you believe that your vehicle has a defect which could cause a crash or could cause injury or death, you should immediately inform the National Highway Traffic Safety Administration (NHTSA) in addition to notifying Tumbleweed Tiny House Company.
If NHTSA receives similar complaints, it may open an investigation, and if it finds that a safety defect exists in a group of vehicles, it may order a recall and remedy campaign. However, NHTSA cannot become involved in individual problems between you, your dealer, or to contact NHTSA, you may call the Vehicle Safety Hotline toll-free at 1-888-327-4236 (TTY: 1-800-424-9153); go to http://www.safercar.gov; or write to: Administrator, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. You can also obtain other information about motor vehicle safety from http://www.safercar.gov.
If you intend to modify your trailer for the purpose of resale, be aware that you will assume responsibilities as an “alterer” under the Code of Federal Regulations (CFR) 49, Part 567. As such you are required to apply a certification label to the trailer stating the date the vehicle was altered and that it continues to conform to the requirements of the FMVSS. For an electronic copy of the CFR go to www.ecfr.gov and select title 49 and then select part 571.108 for lighting, 571.110 for trailers under 10,000 lbs and 571.120 for trailers over 10,000 lbs.
This Agreement shall be construed, governed by, and enforced in accordance with the laws of the State of Colorado, without regard to conflict of laws principles.
Buyer and Seller agree to initially mediate any dispute or claim arising from this Agreement, or any resulting transaction. Mediation fees, if any, shall be divided equally among the parties involved.
ACCEPTANCE OF TRAILER
Buyer takes possession of the trailer upon either pick up from dealership, or delivery by Tumbleweed, based Buyer’s choice of obtaining trailer. Tumbleweed is not responsible for supplying Buyer with insurance. Buyer acknowledges and accepts their responsibility to obtain insurance for their vehicle.