THE FINE PRINT...

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Additional Standard Terms and Conditions

CHOICE OF LAW AND FORUM

The terms of business contained in this website page (“Terms”) shall be governed by and construed in accordance with the laws of the State of Iowa, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or Customer’s use of the trclassic.com website (“Site”) shall be filed only in the state or federal courts located in the State of Iowa, and Customer further agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

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EXPORT SALES

If this transaction involves an export under the Export Administration Regulations, the products sold or distributed under these Terms exported from the United States by Classic Cars were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.

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WARRANTIES

Customer understands that Classic Cars is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not "Classic Cars". All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by "Classic Cars"."Classic Cars" AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF "Classic Cars", INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.

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LIMITATION OF LIABILITY

IN NO EVENT WILL "Classic Cars" OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED OR USED BY CUSTOMER. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF "Classic Cars" HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NEITHER "Classic Cars" NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER "Classic Cars" NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES IN THE AGGREGATE ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

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EXCLUSIONS

"Classic Cars" will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

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INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless "Classic Cars" and its affiliates, and their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, fines, penalties, assessments, and expenses, including attorney’s fees and costs, based on any third party claim that arises from Customer’s (a) breach of these Terms, or (b) use of any products purchased from Classic Cars. Classic Cars reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Classic Cars in asserting any available defenses.

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SEVERABILITY

If any provision of these Terms is held invalid, null, void, inapplicable, or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.

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DISPUTE RESOLUTION

In the event of any dispute, claim, question or disagreement arising from or relating to these Terms, or the relationship that results from these Terms (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Customer shall give written notice to Classic Cars (at contact us) of any complaint or dispute. If the parties do not reach such solution within a period of thirty (30) days, then the Dispute shall be resolved by binding arbitration in Black Hawk County, Iowa, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made in writing within sixty (60) days following the end of the 30-day negotiation window stated above in this paragraph, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. Each party shall bear its own costs of the arbitration, but shall equally share the expenses of arbitration, including the fees and expenses of the arbitrator, and any arbitration facility expenses.

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CLASS ACTION WAIVER

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

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LIMITATION OF TIME TO FILE CLAIMS

Any action, claim or dispute Customer has against Classic Cars must be filed within twelve (12) months from the date the claim arose. To the extent permitted by law, any claim or dispute under these Terms must be filed within twelve (12) months in an arbitration proceeding. The twelve-month period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within twelve (12) months, it is permanently barred.