Service Plan Terms  & Conditions

TERMS & CONDITIONS

1. Scope of Service Plans
1.1 All Service Plans include Planned Maintenance tracking, repairs, and related services as described in the Service Plan selected by the Customer.
1.2 Wiers will perform the necessary Planned Maintenance and repairs described in the Service Plan 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 Service Plan.
1.4 Discount labor rates for the Service Plans 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 Service Plan. Failure to do so may result in at the discretion of Wiers, the termination of the Contract and Service Plans or pricing adjustments.
2.2 The Customer shall promptly notify the Provider of any 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 accessible to Wiers for scheduled maintenance and/or repairs.
2.3.1. Mobile Customer is responsible for providing safe, unobstructed, approved space for work to be completed.
2.3.2. Mobile Customer If in secured location requiring codes and keys for entry needs to supply such codes and keys to Wiers.
2.3.3. Mobile/Emergency Customer if service is called and failure to be at designated location and time, call out/ travel/and cancellation fee may apply.
2.4 The Customer should promptly report any issues or problems with the vehicles and/or equipment to the Provider that can impact safety.

3. Term and Termination
3.1 Customer will be notified electronically of price increases for Customer’s Service Plan 30-45 days prior to the commencement of any renewal term.
3.2 Wiers may terminate the Contract and Service Plans at any time by providing a 30-day prior written notice to the Customer.
3.3 Customer has the right, but not the obligation, to terminate the Contract and any Service Plans by written notice to Wiers within 90 days after the Effective Date. Any termination of the Contract and any Service Plans shall not affect the rights of Wiers with respect to any services provided by Wiers under the Service Plans which occurred prior to such termination.
3.4 Wiers reserves the right to suspend or terminate the Contract and/or any Service Plans and services provided for under the Service Plans 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 Contract and any Service Plan, all rights granted to Customer under the Service Plan will cease and Wiers shall have no further duties or responsibilities to Customer with respect to the Service Plans 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, the Customer shall be responsible for any prorated expense for Planned Maintenance/Annual Inspection provided for under the Service Plans 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 is satisfied and paid in full.

4. Fees, Changes, Payments
4.1 The Customer is responsible for paying the fees specified in the Service Plan to Wiers and/or 3rd 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 Service Plan.
4.3 Discounted Labor Rates are guaranteed for a 12-month term from effective date on the Service Plan.
4.4 Wiers shall send all invoices in writing to the Customer supplied electronic address unless specified physical address is given by Customer.
4.5 Wiers may use and bill/collect through third party billing portal or program, any terms thereof, will be incorporated into the 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 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 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 of 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. The liability of Wiers to Customer shall also not in any situation exceed the purchase price of the underlying and/or related services provided under the Service Plans.

6. Miscellaneous Provisions
6.1 The Contract, Service Plans selected by the Customer, and 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 Contract, these Terms and Conditions, and the Service Plans shall be construed and enforced in accordance with the laws of the State of Indiana. Each party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of the Contract, these Terms and Conditions, or any Service Plans must be brought solely and exclusively in the State courts located in Plymouth, Marshall County, Indiana, and irrevocably accepts and submits to the sole and exclusive jurisdiction of such courts.
6.3 The provisions of the Contract, these Terms and Conditions, and any Service Plans are severable. If any provision of the Contract, these Terms and Conditions, or any Service Plans 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 Contract and any Service Plan 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 Contract, including but not limited to any Service Plan.
6.6 The Contract, these Terms and Conditions, and any Service Plans may be modified only by the written agreement signed by the parties. Any waiver of a provision of the Contract, these Terms and Conditions, or any Service Plans 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 Contract, these Terms and Conditions, or any Service Plans 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 As used in the Contract, any Service Plan, and these Terms and Conditions, the following terms shall have the following respective meanings

• “Contract”: the attached Wiers Terms and Conditions for Service Plans (Service Partner, Fleet Partner, and Priority Fleet Partner) entered into by and between Wiers and the Customer effective with the Effective Date set out therein.
• “Wiers”: means Wiers International Trucks, Inc. and/or Wiers Fleet Partners, Inc.
• “Customer”: means the individual or entity signing the Contract.
• “Service Plans”: means Wiers Service Partner, Fleet Partner, and Priority Fleet Partner Service Plans (individually a “Service Plan” and collectively the “Service Plans”)

6.9 These Terms and Conditions are a part of and incorporated in the Contract.