Terms  & Conditions

TERMS AND CONDITIONS

1. Scope of Fleet Partner Agreement

1.1 The Agreement includes scheduled maintenance tracking, repairs, and related services as described in the Agreement.

1.2 Wiers will perform the necessary preventive maintenance and repairs described in the Agreement in accordance with industry standards and guidelines. Customer must approve or decline recommended repairs unless pre-authorization is provided.

1.3 The Customer will select specific services and frequency of maintenance which are defined in the Agreement.

1.4 Discount labor rates for the Agreement are not extended to outsourced repairs.

2. Customer Responsibilities

2.1 The Customer is responsible for providing accurate information about the vehicles and/or equipment (including any issues or problems relating to the vehicles and/or equipment) covered under the Agreement.

2.2 The Customer shall promptly notify Wiers of any issues, problems, or changes in the vehicles and/or equipment or its usage that may affect the maintenance requirements.

2.3 The Customer shall ensure that the vehicles and/or equipment is available to Wiers for scheduled maintenance at established intervals.

• Mobile Customer is responsible for providing safe, unobstructed, approved space for work to be completed. Mobile Customer shall provide Wiers with required codes and keys for units located in secured areas.  If service is called and failure to be at designated location and time, call out/ travel/and cancellation fee will/may apply.

3. Term and Termination

3.1 In the event Wiers fails to cure any material defect in any service or repair within 30 days after written notification from Customer of the existence of such defect, Customer may terminate the Agreement upon written notice to Wiers.

3.2 Wiers may terminate the Agreement at any time by providing a 30-day prior written notice to the Customer.

3.3 Any termination of the Agreement shall not affect the rights of Wiers with respect to any services provided by Wiers under the Agreement which occurred prior to such termination.

3.4 Wiers reserves the right to suspend or terminate the Agreement and services provided for under the Agreement to be performed by Wiers if any invoice of Wiers is not paid by the Customer within 30 days after the date of such invoice.

3.5 In the event of the termination of the Agreement, all rights granted to Customer under the Agreement will cease and Wiers shall have no further duties or responsibilities to Customer with respect to the Agreement and the services provided therein; provided however the Customer will remain liable for and be responsible for any fees or charges incurred prior to the termination.  Notwithstanding anything contained herein, Customer shall be responsible for any prorated expense for Preventive Maintenance/Annual Inspection provided for under the Agreement performed prior to any termination and not paid for by the Customer. If any vehicles and/or equipment remain on Wiers property after termination, such vehicles and/or equipment are not subject to release until the outstanding balance for all fees and charges are satisfied and paid in full.

4. Fees, Changes, Payments

4.1 The Customer is responsible for paying the fees specified in the Agreement to Wiers and/or 3^rd party specified collector by the due date on the statement.

4.2 Discounted Labor Rates are applied only to the vehicles and/or equipment listed in the Agreement.

4.3 Wiers shall send all invoices in writing to the Customer supplied electronic address unless specified physical address is given by Customer.

4.4 Wiers may use and bill/collect through third party billing portal or program, and any terms thereof will be incorporated into these Terms and Conditions of this Agreement.  IBS Terms and Conditions can be found at https://www.wiers.com/credit-application/.

5. Payments and Disputes.

5.1 Credit terms are “Due by 10th.” This means that all of the charges for one month must be paid by the 10th of the following month. (Example, October’s bills, which are due Nov. 10th, will be delinquent after Nov. 10th). Statements are mailed on the 1st of the month.

5.2 All Customers who have not paid for their charges for one month by the 10th of the following month are delinquent and will receive a call from Wiers A/R department.

5.3 All Customers whose charges are not paid 30 days from the due date may be placed on C.O.D. Example: October’s bill not paid by the 10th of December shall be placed on C.O.D. on the 11th of December and will receive notification from Wiers.

5.4 Customers changed to C.O.D. cannot be converted to a charge account unless the total past due amount has been paid. The past due balances must be paid within 30 days from the time the account is placed on C.O.D. If not paid within 30 days, collection proceedings will be initiated.

5.5 A finance charge of 1.5% per month will be charged on any account balances not paid within 30 days of the payment due date.

5.6 All Card charges are subject to 3% surcharged per transaction.

5.7 Customer shall reimburse Wiers for all costs incurred in collecting any overdue account balances, including without limitation, reasonable attorneys’ fees.

5.8 In no event shall either party or any of their respective officers, directors, employees, or shareholders be liable for any indirect, incidental, punitive, special or consequential damages (including loss of profits, revenue, or goodwill) regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranty, or otherwise.

6. Miscellaneous Provisions

6.1 The Agreement, including these Terms and Conditions, constitute the entire agreement between the parties and supersedes any prior agreements, understandings, or representations, whether oral or written.

6.2 The Agreement, including these Terms and Conditions, shall be construed and enforced in accordance with the laws of the State of Indiana.   Each party agrees that the venue for any legal action, suit or proceedings arising out of this Agreement, including these Terms and Conditions, shall be in the state courts located in Hamilton County, Indiana.

6.3 The provisions of the Agreement, including these Terms and Conditions, are severable.  If any provision of the Agreement, including these Terms and Conditions, are held to be invalid, illegal or unenforceable, the validity, legality, or enforceability of the remaining provisions will in no way be affected or impaired thereby.

6.4 Wiers shall not be liable for any delay or failure to perform under the Agreement resulting, directly or indirectly, from strike, fire, war, riot, power failure, failure of utilities, unavailable of parts, or any other circumstance beyond Wiers’ control.

6.5 Customer shall not have the right to sell or assign the Agreement including but not limited to any Agreement.

6.6 The Agreement, including these Terms and Conditions, may be modified only by the written agreement signed by the parties.  Any waiver of a provision of the Agreement or these Terms and Conditions must be in writing fully executed by both of the parties hereto.

6.7 Except as otherwise provided herein, all notices or other communications required or permitted by the Agreement, including these Terms and Conditions, shall be in writing and addressed to the other party at the address provided, or as otherwise directed in writing, and shall be deemed effectively given when personally delivered or on the third business day following the date of mailing if delivered by certified or registered mail, return receipt requested.

6.8 These Terms and Conditions are a part of and incorporated in the Agreement.