Terms and Conditions
APPLICABLE TERMS AND CONDITIONS:
These Terms and Conditions of Sale form part, directly or by reference, of the sale documents, order confirmations, and invoices of UNIVERSAL FOOD TRAILER. The first of the following events that occurs shall constitute acceptance of UNIVERSAL FOOD TRAILER’s offer (and not a counteroffer), thereby originating a purchase and sale agreement (“Contract”) incorporating these Terms and Conditions:
(i) issuance by the Buyer of a purchase order in response to UNIVERSAL FOOD TRAILER’s offer;
(ii) confirmation by UNIVERSAL FOOD TRAILER of the Buyer’s order; or
(iii) commencement of performance in accordance with the Buyer’s request.
Any other terms and conditions, general purchase conditions, or other conditions of the Buyer (whether or not contained in the Buyer’s purchase documents, including electronic commerce interfaces) are expressly excluded and shall not form part of the Contract. The Buyer should sign a copy of these Terms and Conditions.
CANCELLATION:
In the event of cancellation, the Buyer shall not be entitled to a refund of the deposit paid, which shall cover at least 50% of the total invoice.
DELIVERY TIME:
UNIVERSAL FOOD TRAILER will use commercially reasonable efforts to deliver the Products ordered within the term specified in the Contract or, if no date is specified, within the period normally required by UNIVERSAL FOOD TRAILER to deliver the Products sold.
INSPECTION AND COSTS:
The Buyer shall immediately inspect and accept the merchandise delivered under the Contract upon receipt. If the merchandise does not meet the applicable specifications, the Buyer shall notify UNIVERSAL FOOD TRAILER immediately and in writing of the non-conformity. UNIVERSAL FOOD TRAILER shall have a reasonable period to repair or replace any nonconforming merchandise. Repairs will be carried out at the designated UNIVERSAL FOOD TRAILER factory repair center. If the Buyer requires warranty service, they should contact UNIVERSAL FOOD TRAILER for instructions regarding the repair location and associated logistics. If UNIVERSAL FOOD TRAILER does not receive written notification within thirty (30) days after delivery, the Buyer shall be deemed to have accepted the merchandise and waived any claim of non-conformity.
PRICES:
All prices are in dollars and are based on the delivery method indicated above. If the Buyer requests additional Products or services that do not comply with the quantities or types agreed in the Contract, or if significant changes are requested, UNIVERSAL FOOD TRAILER shall be entitled to fair and adequate remuneration; in such cases, the fixed price provisions of the Contract shall not apply.
PAYMENTS:
All payments must be made in the currency of the Country of Order. Payments may be received by PayPal, personal or business check, cashier’s check, credit or debit card, transfer, or cash.
TRANSFERS AND CREDIT OR DEBIT CARD:
Both the Buyer and UNIVERSAL FOOD TRAILER acknowledge that transfers and payments by credit or debit card carry a risk of fraud. To mitigate this risk, the Buyer must verbally confirm any account change for a transfer by calling UNIVERSAL FOOD TRAILER’s Finance Department (Accounts Receivable). If, for any reason, the Buyer cancels any transaction—such as a transfer, credit card charge, or payment by personal or business check—UNIVERSAL FOOD TRAILER will be obliged to take the corresponding legal measures, and the Buyer shall not be exempt from its payment obligations.
NON-PAYMENT:
If payment is not made within the agreed period, UNIVERSAL FOOD TRAILER may, in addition to any other remedy provided by law:
(a) declare that the Buyer has breached its obligations and terminate the Contract;
(b) retain possession of the trailer until delinquent payments are made;
(c) charge delinquency interest of 1–3% per month, or the maximum allowed by law if lower, for each month or fraction thereof during the period of delinquency, plus the corresponding administrative expenses;
(d) seize the trailer for which payment has not been made;
(e) recover all collection costs, including reasonable attorney fees; or
(f) combine any of the foregoing rights and remedies to the extent permitted by law.
The insolvency or bankruptcy of the Buyer, the transfer of its assets for the benefit of its creditors, or the dissolution or termination of its existence shall constitute a breach of the Contract and shall grant UNIVERSAL FOOD TRAILER all rights provided by the laws of the Country of Order.
WARRANTY:
UNIVERSAL FOOD TRAILER, having manufactured, tested, and inspected the Products in accordance with specified engineering requirements, warrants the original owner that the Products will be free from defects in material and workmanship for a period of 2 years. This Warranty is limited to repairing or replacing any part(s) which, in the opinion of the Company, are proven defective in materials or workmanship under normal use and service during the applicable period commencing from the date of purchase. Jack rams, electrical wiring, sealants, doors, seals, locks, plumbing, couplers, and jacks are warranted for one (1) year from the date of purchase. All appliances (cooking and refrigeration equipment), if applicable, are individually covered by the Manufacturer’s Warranty, which is generally one year.
FORCE MAJEURE:
UNIVERSAL FOOD TRAILER shall be excused from fulfilling its obligations under the Contract to the extent that such failure is due to causes beyond its control, including, but not limited to, commercial embargoes decreed by a government, blockades, seizures or freezing of assets, delays or refusals in granting export or import licenses (or their suspension or revocation), or any other governmental act; fires, floods, extreme weather conditions, or any other natural catastrophe; quarantines; strikes or lockouts; unrest; uprisings; insurrections; acts of civil disobedience or crime or terrorism; war; material shortages; or delays in third-party deliveries to UNIVERSAL FOOD TRAILER. In the event of force majeure, delivery and payment terms—including those for payments made by letter of credit—shall be extended for a period equal to the delay. If the force majeure conditions persist for six months, UNIVERSAL FOOD TRAILER may terminate the Contract without penalty and without being deemed in breach.
LIMITATION OF LIABILITY:
Neither UNIVERSAL FOOD TRAILER nor its released parties shall be liable to the Buyer for any special, incidental, or indirect damages or for punitive damages, including (but not limited to) damages or losses related to goods other than the Products purchased under the Contract; damages sustained during installation, repair, or replacement; loss of benefits, income, or opportunities; loss of use; losses resulting from product downtime or inaccurate measurements or reports; the cost of replacement products; or claims by the Buyer’s clients, regardless of the cause and whether such liability is based on warranties, contracts, or any other legal theory (including negligence or strict liability).
APPLICABLE LEGISLATION AND DISPUTE RESOLUTION:
The interpretation and execution of these Terms and Conditions of Sale and the Contract, as well as all transactions conducted under them, shall be governed by the laws of the Country of Order. If any clause of the Contract or these Terms and Conditions violates any statute or legal provision (local, state, or federal) of the Country of Order or is otherwise illegal, that clause shall be automatically deleted without affecting the validity of the remaining clauses. Unless expressly agreed in writing by UNIVERSAL FOOD TRAILER and the Buyer, any litigation related to the Contract that is not resolved amicably shall be submitted to a court of competent jurisdiction in the Country of Order.
COMPLETE AGREEMENT AND MODIFICATIONS:
These Terms and Conditions of Sale, together with the Contracts formed as described herein (incorporating these Terms and Conditions), constitute the complete agreement between the parties and supersede any previous agreements or statements, whether verbal or written. No change or modification of these Terms and Conditions or any Contract shall be binding on UNIVERSAL FOOD TRAILER unless made in a written instrument specifically referencing the modification and signed by an authorized representative of UNIVERSAL FOOD TRAILER. UNIVERSAL FOOD TRAILER rejects any additional or contradictory terms and conditions presented by the Buyer, regardless of whether such terms significantly alter these Terms and Conditions or whether UNIVERSAL FOOD TRAILER accepts the Buyer’s request for the products and services described.