Terms & Conditions

Globe Trekker Inc. | Updated: 12/2024

 

1. The sale of units of products shall contain no sales tax in the State of Oregon. If other States require the payment of sales tax, the buyer shall be responsible to file and pay the taxes due.
2. Products shall be F.O.B. Clackamas Oregon, shipped by 3rd party. Customer shall pay shipping cost. Seller shall deliver Products to Buyer F.O.B. shipping point. Buyer shall pay all delivery costs and charges or pay Seller’s standard shipping charges plus handling. Partial deliveries or direct shipments from Globe Trekker’s suppliers are permitted. Seller may deliver Products in advance of the delivery schedule. Delivery times are approximate and are dependent upon prompt receipt by Seller of all information necessary to proceed with the work without interruption. If Products delivered do not correspond in quantity, type or price to those itemized in the shipping invoice or documentation, Buyer shall so notify Seller within ten (10) days after receipt in writing.
3. 2.9% credit card processing fee added if not using ACH bank transfer and seller reserves the right to change the credit card processing fee based on 3rd party transaction cost . The sale of any Products or Services is expressly conditioned on Buyer’s assent to these Terms and Conditions. Any acceptance of Seller’s offer is expressly limited to acceptance of these Terms and Conditions and Seller expressly objects to any additional or different terms proposed by Buyer. No Buyer form shall modify these Terms and Conditions, nor shall any course of performance, course of dealing, or usage of trade operate as a modification or waiver of these Terms and Conditions. Any order to purchase products or receive services shall constitute Buyer’s assent to these Terms and Conditions. Unless otherwise specified in the quotation, Seller’s quotation shall expire thirty (30) days from its date and may be modified or withdrawn by Seller before receipt of Buyer’s conforming acceptance.
4. If any Products to be delivered under this Contract cannot be shipped to or received by Buyer when ready due to any cause attributable to Buyer, Seller may ship the Products to a storage facility, including storage at the place of manufacture or repair, or to an agreed freight forwarder. If Seller places Products into storage, the following apply: (i) title and risk of loss immediately pass to Buyer, if they have not already passed, and delivery shall be deemed to have occurred; (ii) any amounts otherwise payable to Seller upon delivery or shipment shall be due; (iii) a fee of two percent (2%) of the value of the Products will be charged to Buyer; and (iv) when conditions permit and upon payment of all amounts due, Seller shall make Products and repaired equipment available to Buyer for delivery.
5. Any liability of Seller for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or adjusting the invoice respecting such Products to reflect the actual quantity delivered.
6. Buyer may cancel its order only with the prior written consent of Seller, which Seller may withhold in its sole discretion. All cancellations will be subject to payment to Seller of reasonable and proper cancellation charges. Buyer may return Products only at its sole cost and only with the prior written authorization of Seller, subject to a restocking fee as agreed by the parties. No returns of special, custom, or made-to-order Products will be permitted. No returns will be permitted more than thirty (30) days after delivery. Buyer shall pay for all shipping costs.
7. As collateral security for the full payment of the purchase price of the Products, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title and interest of Buyer in, to and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under (i) if in the United States, the Texas Uniform Commercial Code or (ii) if in Canada, the Personal Property Security Act (Canada). Seller shall have the right to file any and all documents and take any action it deems necessary to fully establish protection of its security interest in the Products; however, the failure of Seller to file any such document shall not in any way act as a waiver of Seller’s right to such security interest.
8. In the event Buyer desires for Seller to perform any assembly/installation work, said work will be performed pursuant to a separate agreement to be entered into in writing by both Buyer and Seller detailing the terms of said work.
9. 50% Deposit required on all orders, unless in stock or less than 3-week lead-time, payment required in full.  Balance due before shipment or pick-up.
10. Estimated “will call” pick up date will be provided after with reception of deposit and confirmation with warehouse and supply partners.
11. Customer to confirm Solar Panel sizes and responsible for mounting application.
12. Customer responsible for assembly of components, functionality and usage of assemblies.  
13. Any custom or special order requirements, will require approval before production commences and estimated pick up dates are provided.
14. A Non-recurring set-up charge or engineering services may be imposed for any special tooling, including without limitation, dies, fixtures, molds and patterns acquired to manufacture items sold subsequent to this contract. Such special tooling shall be and remain Sellers property notwithstanding payment of any charges therefore by buyer unless otherwise agreed to on the face hereof. Payment of charges in connection with tooling or apparatus does not constitute ownership of same. All charges in connection with this contract will be imposed only with the knowledge and acceptance of Buyer. Seller shall have the right to alter, discard or otherwise dispose of any special tooling or other property at its sole discretion at any time.
15. Other than the products you purchased, under these Terms, Globe Trekker and/or its licensors own all the intellectual property rights and materials contained on this website.
16. Buyer shall purchase the Products and, if applicable, shall pay for the services provided, from Seller at the Contract Price. Prices are subject to change without prior notice and Seller shall thereafter notify Buyer of any price increases. In the event of a price increase, Buyer may cancel any undelivered portion of any order by written notice to Seller, provided such notice is received by Seller not more than ten (10) days after Buyer’s receipt of Seller’s notice of price increase. Upon cancellation, Buyer shall pay Seller: (1) the Contract Price for all Products which have been completed or are in the process of completion, (2) components or goods secured by Seller from outside sources for the performance of the Contract, and (3) special tooling and equipment procured for the performance of the Contract. All prices shall be confidential and Buyer shall not disclose such prices to any unrelated party.
17. All Contract Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets.
18. The Contract Price excludes shipping and handling charges, which are the obligation of Buyer and will be added to the invoice if prepaid by Seller.
19. Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees and court costs. In addition to all other remedies available under these Terms and Conditions or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Products if Buyer fails to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof.
20. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy or otherwise.
21. If Buyer disputes any invoice or portion thereof, Buyer shall notify Seller in writing within ten (10) days of receipt of said invoice, detail the reason for the dispute, and pay all undisputed amounts. All charges not timely disputed in writing shall be deemed to be undisputed and shall be due and payable as set forth above.
22. SDS & Assembly Instructions provided with shipment and or be available on the company website. Globe Trekker will provide recommendations of the assembly process.  It is the responsibility of the Buyer to follow manufacturer’s guidelines for application, installation and safety recommendations.  Seller makes no claims beyond the supplier’s or manufacturer’s claims or warranties.  Note: online assembly videos available via Globe Trekker website (www.rvglobetrekker.com).
23. Sub-Frame installation, truck compatibility, and Zero Torsion application dependent on customer installation.  Some modifications of components or truck chassis may be required.  Buyer assumes liability and responsibility for application, installation, and functionality of components and assemblies.
24. Seller warrants that all products manufactured by Seller shall, at the time of sale, comply with applicable Seller specifications. All products not manufactured by Seller are sold only with the warranties provided by the manufacturer of products, if any, unless expressly specified by the Seller. SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller personnel are not authorized to alter this disclaimer of warranty.
25. Warranty provided to ensure assembly of components, or replacement of components will be available.  Any painting or modification of components beyond design intent will void warranty.
26. 1 year warranty on Composite Panels from time of receipt (transferrable from panel manufacturer).  Includes any delamination or construction quality concerns.
27. 3 year warranty on aluminum extrusion components.   Parts packaged to protect against freight damage, and will offer replacement parts at discount if required.  Any freight damage not impacting functionality or usage will not be included in warranty.
28. Not following manufacturers recommended instructions for assembly and usage of subcomponents will void any warranty from Globe Trekker.
29. Globe Trekker Inc is only responsible and liable for the amount of purchase or replacement of components.
30. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
31. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER OR, AS TO SERVICES, FOR THE AMOUNTS PAID TO SELLER FOR SERVICES PERFORMED HEREUNDER.
32. This limitation of liability is a material basis for the parties’ bargain and reflects the bargained-for allocation of risks between Seller and Buyer, without which Seller would not have agreed to provide the Products or services at the price charged.
33. Each of Buyer and Seller (as an “Indemnifying Party”) shall indemnify the other party (as an “Indemnified Party”) from and against claims brought by a third party, on account of personal injury or damage to the third party’s tangible property, to the extent caused by the negligence of the Indemnifying Party in connection with this Contract. In the event the injury or damage is caused by joint or concurrent negligence of Buyer and Seller, the loss or expense shall be borne by each party in proportion to its degree of negligence. For purposes of Seller’s indemnity obligation, no part of the Products is considered third party property.
34. Seller reserves the right by written notice to cancel any order or require full or partial payment or adequate assurance of performance from Buyer without liability to Seller in the event of: (i) Buyer’s insolvency, (ii) Buyer’s filing of a voluntary petition in bankruptcy, (iii) the appointment of a receiver or trustee for Buyer or (iv) the execution by Buyer of an assignment for the benefit of creditors. Seller reserves its right to suspend its performance until payment or adequate assurance of performance is received and also reserves its right to cancel Buyer’s credit at any time for any reason.
35. In the absence of written agreement to the contrary, Seller holds the copyrights and all rights of (industrial) property to the offers it has made and the designs, images, drawings (test) models, software, templates and other goods that it has issued.
36. Seller shall take reasonable steps to ensure the Products are in conformity with applicable laws and regulations; however, Buyer acknowledges that Products may be used in various jurisdictions for various applications subject to disparate regulations and therefore that Seller cannot warrant compliance with all applicable laws and regulations. Seller disclaims any representation or warranty that the Products conform to federal, state or local laws, regulations, ordinances, codes or standards, except as expressly set forth by Seller in writing. Buyer shall comply with all applicable laws, regulations and ordinances. Seller may terminate this Contract if any governmental authority imposes antidumping or countervailing duties or any other penalties on Products.
37. Product, assemblies, services and 3rd party services sold to the Buyer, are the responsibility and liability of the buyer with respective functionality and usage, either assumed or implied.  Any liability, serviceability, functionality, or risk; whether to Buyer’s vehicle, bodily harm, or environment; are the liability, responsibility and diligence of the Buyer.
38. The buyer must be aware of the characteristics of their vehicle with a habitat attached. Damage, injury, or death due to the buyer’s lack of this awareness shall be the buyer’s liability. (i.e. most notable issues include, but are not limited to tall vehicles driving under low clearance obstacles will damage the vehicle. Higher speed turns or uneven terrain with high center of mass vehicle leads to roll-overs. Heavy vehicles take longer to stop and are more difficult to control in downslope and upslope conditions. Wide vehicles on narrow roads or bridges may cause the vehicle to swerve off the road or strike the narrow obstacles. Large vehicle 360 visibility is difficult to maintain, especially when backing up, or when hazards, people, or pets are in close proximity blind spots. Vehicles that allow access to the roof have a greater fall hazard, ect..) Globe Trekker’s services support the buyer’s material sourcing solution for a DIY overland expedition vehicle. The end product constructed by the buyer is the liability of the buyer.
39. The use of stairs or ladder systems shall be at the owners own risk, and shall extend to any person using the stairs or ladder, such that the owner must inform those of the risks and techniques of using the stairs/ladder prior to allowing anyone access to the stairs/ladder. The stairs/ladder must only be deployed or stowed by handling the front edge of the bottom step to avoid a pinching hazard. Prior to use or considering the stairs/ladder stowed, the position locking handles must be fully engaged. Route inspection must be conducted to ensure proper operation of the position locking handles. The stairs must be kept free of debris or items that would cause a hazard. The stairs must be kept clean to avoid a slick surface and slip hazard. The stairs must be properly grounded on a solid and even surface prior to use. The stairs and ladder components must be routinely inspected for missing hardware, condition and security. Replace any wore parts immediately upon discovery. The stairs do not include a handrail and require three points of contact at all times while negotiating the stairs. It is up to the buyer to ensure RV code for use is complied with.
40. In addition to any remedies that may be provided under these Terms and Conditions, Seller may terminate this Contract with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Contract and such failure continues for thirty (30) days after Buyer’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
41. If Buyer defaults on balance of purchase due when order is ready for pick-up, after 60 days, Customer agrees this is a default of the order, and a cancellation of order which and Seller is available to retain deposit for manufacturing cost incurred.  After cancellation of order, Seller reserves the right to resell the product to another customer to recover manufacturing cost.  
42. All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Contract is confidential, solely for the use of performing this Contract and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller’s request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.
43. Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
44. Sellers delay in delivery is not a cause or order cancellation.  Seller to provide updated delivery expectations, which is a current snap shot of product availability.
45. Buyer shall not assign any of its rights or delegate any of its obligations under this Contract without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Contract.
46. The relationship between the parties is that of independent contractors. Nothing contained in this Contract shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
47. These General Terms and Conditions constitute the entire agreement between Buyer and Seller relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof.
48. Globe Trekker is permitted to revise these Terms at any time as it sees fit, and by using this product and/or website you are expected to review these Terms on a regular basis.