PROVISIONS AND CONDITIONS
- Purchaser must allow products to be delivered within 30 days of the estimated shipment date. Purchaser may delay shipment upon approval by seller. In the event the purchaser refuses shipment then the order will become non-deliverable. Seller then has the right to sell such products in any manner Seller may deem appropriate. Purchaser will not claim damages of any kind or character whatsoever arising out of such sale. Further, Seller may retain any deposits paid as set forth in Section 5 below. This agreement is not transferable by the Purchaser without prior written consent of the seller.
- Seller shall not be liable to the Purchaser in any way for failure or delay in making delivery on any intended delivery date by Seller, where such delay arises from failure to secure material, parts or any essential elements necessary to the completion of Seller’s materials package due to delay caused by strikes, fires, or causes beyond control of Seller.
- Freight is not included. Purchaser understands that the freight charges are to be prepaid by Purchaser. Purchaser understands that all items shipped have been inspected prior to shipping. When shipments are made, any claims for shipping damages must be made to carrier making delivery. It is the Purchaser’s obligation to inspect all deliveries for damage and so note on the bill of lading at the time of the delivery. Purchaser must inventory their kit and report any shortages to seller within 30 days of receipt. (Shortages shall mean: Items shown as shipped on the packing list, but not contained in the shipments.) At the point Purchaser’s product leaves Seller’s premises, Purchaser agrees that they have accepted delivery of the product. The responsibility lies with the Purchaser to adequately protect their interest in their purchase with appropriate insurance.
In the event Purchaser fails to notify Seller as to which freight carrier has been selected 30 days prior to the estimated shipment date. Seller shall have the right to select a freight carrier and ship order to purchaser, freight C.O.D. shipment will be made by common carrier. The customer may pick-up their kit at the factory by giving Seller 30 days prior notice of estimated pick-up date.
- Section Four applies to delivered kits only. If Purchaser is not satisfied with the quality of their kit, they must notify Seller’s customer service department of their quality problem by phone and in writing, postmarked or faxed, no later than 10 days after the delivery date. If Seller’s customer service department is unable to arrange an acceptable remedy, Purchaser may arrange for return shipment of their kit. Purchaser can only return the kit if they have provided Seller’s customer service department with the proper initial 10 day notice, and Seller has received Purchaser’s written final notice of their desire to return the kit no later than 30 days after the date of delivery. The provision is intended solely to assure Purchasers receive only top quality components. This is not a provision that can be used to cancel this agreement for any other reason i.e., changes of mind, change of personal circumstances, etc.
- A deposit of $2000.00 must be submitted with the order. Kit deposits are non-refundable and will be retained by Seller in the event the purchaser fails to complete the purchase. NOTE: The only exception is defined in Section 4 above and Sections 11 & 14 below.
- From time to time, the seller may make specifications and price changes as deemed necessary.
- If purchaser requests delivery more than 90 days from the purchase date, and Seller has made changes in specifications and/or price. Purchaser agrees to accept new specification and/or price. Seller reserves the right to waive 90 day period on pricing.
- It is the responsibility of Purchaser to ensure to their vehicle meets the emission certification requirements in their respective state. This applies to custom built, rolling chassis, or kit purchases
- Title/MSOs to all products remains in the hands of the seller until paid in full.
- This purchase agreement, when accepted by Seller, is the only contract controlling the purchase, and contains all agreements, expressed or implied Purchaser acknowledges that Seller will not recognize verbal agreements and that no part of this agreement can be modified except in writing and agreed to by the Seller. Buyer agrees that any action brought against Seller regarding this purchase agreement must be brought in the State of Texas, and such action shall be governed by the laws of the State of Texas.
- Financing is the responsibility of the Purchaser. Seller offers no in-house financing, but does offer financing though a third party. If financing offered by Seller is desired by the purchaser, ability to obtain financing is totally at the discretion of the third party lender. Rejection of Purchaser’s credit application does not cancel their financial obligations under this agreement. If the Purchaser wishes to make purchase contingent upon obtaining financing, the Purchaser may say so, in writing, on the face of the purchase agreement. Seller is not obligated to accept contingent contracts
- Resale of the Purchaser’s automobile depends upon many factors including, but not limited to, the quality of any drive train components utilized by Purchaser, the amount of use and the customer demand at the time the car is offered for sale. Resale is the sole responsibility of the Purchaser in no event does Seller guarantee the resale or the resale price of any vehicle.
- Non competitive agreement: Purchaser acknowledges that Lone Star Classics has the sole rights to the design and manufacture of the LS300, LS40, LS53, LS32, Panther GT, Growler, and the LS427. Purchaser agrees and warrants that they will not attempt to copy or reproduce these products either on whole or in part. Purchaser agrees that they will not allow their agents to do so, nor will they act as agents for any other person, group or corporation to do so. Purchaser will not claim products as their own and will not make any claims to the right to sell these products. (Except the resale of their own vehicle.) Purchaser further agrees that the provisions of this agreement shall be binding on their heirs, personal representatives, successors and assigns.
NOTICE TO BUYER
- LUXURY TAX. The Internal Revenue Service (I.R.S.) requires Seller of a car with a sales price in excess of $30,000 to collect a luxury tax and that car and remit to the I.R.S. The amount of tax is equal to 10% of the total purchase price which exceeds $30,000.
Seller will repair or replace, at Seller’s discretion, any body components or automotive accessories sold by Seller which are determined to be defective in materials or workmanship: provided, however that claim of defective body components or automotive accessories is approved by Seller in writing within 90 days of the date of delivery, freight prepaid. In the event the Purchaser finds a warranted defect in Seller’s , the Purchaser, upon receipt of Seller’s repair order number, will receive a new part immediately and will return defective part, freight prepaid in the same box.
Seller makes no warranty of merchantability of any goods sold pursuant to this purchase agreement, or as to the fitness of the goods for any purpose, express or implied, nor does Seller make any other express or implied warranty with respect to body components, automotive accessories, products, materials and parts sold except as stated above.
It is hereby agreed and understood that Seller shall not be responsible for damage, loss or injury to persons or property, directly or indirectly, immediately or subsequently, arising from the use of, or inability to use, the vehicle or automotive accessory purchased. Purchaser assumes all present and future risk and liability arising out of use of said vehicle or the construction of a vehicle in any form by assembling any body components and automotive accessories sold by the Seller.
Buyer acknowledges that any action brought under this warranty must be brought in, and shall be governed by the State of Texas. Any action under this warranty must be brought within one (1) year from the date of the purchase agreement. In no event shall the Purchaser be entitled to damages greater than a refund by Seller of the purchase price upon return of goods and determination that the same are defective. If Seller is the prevailing party in any action brought under this warranty, the reasonable legal fees incurred by Seller in defending such action shall be paid by Purchaser.