Liberty Legal Information

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TERMS AND CONDITIONS OF SALE & WARRANTY POLICY

This document sets out the terms and conditions of sale of the vehicle and/or the conversion and the warranty that is provided on your purchase.

There are four sections to this document:

If you purchased a vehicle with a rear-entry conversion from Liberty, sections 1 and 3 apply to your purchase. If you purchased a vehicle with a side-entry conversion from Liberty, sections 1 and 4 apply to your purchase. Section 2 does not apply if you purchased a vehicle with a conversion. If you purchased a rear-entry vehicle modification only (on a vehicle that you previously owned), sections 2 and 3 apply. Sections 1 and 4 do not apply. If you purchased a side-entry vehicle modification only (on a vehicle that you previously owned), sections 2 and 4 apply. Sections 1 and 3 do not apply.

Section 1:
CONDITIONS OF SALE FOR VEHICLES SOLD BY LIBERTY

If you purchased a vehicle (including the conversion) from Liberty, this section applies to your purchase.

Payment: Unless otherwise specified in writing, the Purchaser is obliged to pay the purchase price in full for the goods sold by Liberty, prior to shipment of the goods by Liberty. In the event that payment is not received from the Purchaser within seven days from the shipment date, Liberty shall be entitled to treat the Purchaser as being in default of the Agreement of Purchase and Sale and these terms and conditions of sale. Liberty may then repossess the goods at any time without notice to the Purchaser, sell the repossessed goods, and retain the proceeds from the sale. The Purchaser shall be liable for payment of the difference between the proceeds of sale and the original purchase price of the goods and any costs, direct or indirect, incurred by Liberty in repossessing and selling the goods. Any deposits paid by the Purchaser shall be applied towards payment of any amounts due and owing to Liberty.
Title and Risk: Title to the goods sold by Liberty shall remain with Liberty and shall not pass to the Purchaser until such time as Liberty has received payment in full of the purchase price and the Purchaser has reimbursed Liberty for all bank charges in connection with the sale. Notwithstanding the foregoing, the goods shall be at the Purchaser's risk during delivery, as of the commencement of carriage from the place where the carrier takes possession thereof. The Purchaser assumes liability and responsibility for all losses and damages to the goods and all losses and damages caused by or in connection with the goods following commencement of carriage by the carrier and agrees to indemnify and hold harmless Liberty from all losses, damages, claims, actions, applications, and proceedings arising after such time.
Warranties and Conditions: The parties agree that there are no warranties, conditions or agreements, express or implied, statutory or otherwise, affecting the goods purchased from Liberty, other than those set out in section 3 or 4 of this document as applicable (section 3 applies to rear-entry conversions and section 4 applies to side-entry conversions), and any warranties, conditions, and agreements expressly contained within these conditions of sale. Without limiting the generality of the foregoing, under no circumstances shall Liberty be liable to the Purchaser or to any party whatsoever for any claims, losses, damages, actions, applications or proceedings arising from any defects of any nature in the goods, whether latent or apparent, except as set out herein, and the Purchaser undertakes to indemnify Liberty in respect of any claims or demands that may be made against it by reason of said defects.
Force Majeure and Delay: The parties agree that any delay in delivery of the goods ordered from Liberty does not render the Agreement of Purchase and Sale or these terms and conditions of sale invalid, void, or voidable. The terms and conditions of sale herein are continued and shall apply to the purchase and sale of the goods notwithstanding any delay. The Purchaser agrees to extend the delivery date of the goods if Liberty requires an extension to effect delivery of the goods. Liberty shall not be liable for the non-performance of any of its obligations hereunder occasioned by any Act of God, "force majeure" or event beyond its control. Liberty shall not be liable to the Purchaser or any third party for any losses, damages, costs, claims, actions, applications, or proceedings arising from any delay in the shipment or delivery of the goods.
Taxes: The Purchaser accepts liability for and agrees to indemnify and hold harmless Liberty from the payment of all taxes and other government and non-government charges, present or future, assessed or imposed in connection with the registration, ownership, and shipment of the goods.
Liens and Encumbrances: The Purchaser shall not hereafter cause or permit any charge, lien, or encumbrance whether possessory or otherwise, to exist against the goods until the purchase price has been paid in full.
Applicable Law: The Agreement for the Purchase and Sale of the goods takes place in the Province of Ontario. All disputes arising out of the said Agreement and these terms and conditions or otherwise relating to the sale of the goods by Liberty shall be governed by the law of the Province of Ontario and shall be referred to the courts of that province which shall have exclusive jurisdiction to adjudicate such disputes. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby specifically excluded.
Severability: If any section or any portion of any section of these conditions of sale are determined to be unenforceable or invalid for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of these conditions of sale and such unenforceable or invalid section or portion thereof shall be severed from the remainder of these conditions.
Money Back Guarantee: The Purchaser may cancel this contract before 11:59 pm E.S.T. on the day following the date of delivery of the goods to The Purchaser, on the condition that notice of cancellation is received in writing by Liberty by 11:59pm E.S.T., the goods are returned to Liberty within seven (7) days of the date of cancellation and the goods are received by Liberty in the same condition as shipped to the Purchaser by Liberty. If all of these conditions are met, Liberty shall return all monies paid to the Purchaser, minus all shipping and registration fees paid by Liberty, following receipt by Liberty of the goods in the same condition as shipped to the Purchaser by Liberty. The Purchaser is not entitled to cancel this contract after 11:59pm E.S.T. on the day following the date delivery of the goods to the Purchaser. The Purchaser is not entitled to cancel this contract at any time if there is any modification, alteration, or damage to the goods after shipment by Liberty, whether effected or caused by the Purchaser or a third party. All notices of cancellations received by Liberty after 11:59 pm E.S.T. on the day following the date of delivery of the goods to The Purchaser are void, non-binding on Liberty, and of no effect.

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Section 2:
CONDITIONS OF SALE FOR MODIFICATIONS PROVIDED BY LIBERTY

If you purchased a vehicle modification only from Liberty (on a vehicle that you already own), this section applies to your purchase.

Payment: Unless otherwise specified in writing, Liberty is not obligated to commence modifications to the vehicles until the purchase price for the modifications has been paid in full by the Purchaser. Monies paid by the Purchaser are no longer refundable immediately upon commencement of modifications by Liberty.
Authorization for Modifications: The Purchaser represents and warrants that the Purchaser is the owner of the vehicles or has been authorized in writing by the owner of the vehicles to request, purchase and authorize the modifications provided by Liberty. The Purchaser agrees to indemnify and hold harmless Liberty from any breach of this condition and any losses, damages, claims, actions, applications, and proceedings arising from any unauthorized modifications to the vehicles by Liberty.
Title and Risk: Title to the vehicles provided by the Purchaser for modification by Liberty shall remain with the Purchaser. The vehicles shall remain at the Purchaser's risk during shipment to and from Liberty and while in possession by Liberty. The Purchaser assumes liability and responsibility for all losses and damages to the vehicles and all losses and damages caused by or in connection with the vehicles during shipment to and from Liberty and while the vehicles are in possession by Liberty. The Purchaser hereby agrees to indemnify and hold harmless Liberty from all losses, damages, claims, actions, applications, and proceedings arising from its possession, shipment, and receipt of the vehicles.
Warranties and Conditions: The parties agree that there are no warranties, conditions, or agreements, express or implied, statutory or otherwise, affecting the vehicles modified by Liberty, other than those set out in section 3 or 4 of this document as applicable (section 3 applies to rear-entry conversions and section 4 applies to side-entry conversions) and any warranties, conditions, and agreements expressly contained within these conditions of sale. Without limiting the generality of the foregoing, under no circumstances shall Liberty be liable to the Purchaser or to any party whatsoever for any claims, losses, damages, actions, applications, or proceedings arising from any defects of any nature in the modifications, whether latent or apparent, except as set out herein, and the Purchaser undertakes to indemnify Liberty in respect of any claims or demands that may be made against it by reason of said defects.
Force Majeure and Delay: The parties agree that any delay in completion of the modifications by Liberty and delivery of the vehicles by Liberty to the Purchaser does not render the Agreement of Purchase and Sale or these terms and conditions of sale invalid, void, or voidable. The terms and conditions of sale herein are continued and shall apply to the purchase and sale of the modifications notwithstanding any delay. The Purchaser agrees to extend the delivery date of the vehicles if Liberty requires an extension to effect the modifications and delivery of the vehicles. Liberty shall not be liable for the non-performance of any of its obligations hereunder occasioned by any Act of God , "force majeure" or event beyond its control. Liberty shall not be liable to the Purchaser or any third party for any losses, damages, costs, claims, actions, applications, or proceedings arising from any delay in the shipment or delivery of the goods.
Taxes: The Purchaser accepts liability for and agrees to indemnify and hold harmless Liberty from the payment of all taxes and other government and non-government charges, present or future, assessed or imposed in connection with the modifications by Liberty and the shipment to and from Liberty.
Applicable Law: The Agreement of Purchase and Sale of the modifications by Liberty takes place in the Province of Ontario. All disputes arising out of the said Agreement and these terms and conditions or otherwise relating to the modifications provided by Liberty shall be governed by the law of the Province of Ontario, including the Repair & Storage Liens Act, R.S.O. 1990, c. R.25 and all regulations and amendments thereto, and shall be referred to the courts of Ontario which shall have exclusive jurisdiction to adjudicate such disputes. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby specifically excluded.
Severability: If any section or any portion of any section of these conditions of sale are determined to be unenforceable or invalid for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of these conditions of sale and such unenforceable or invalid section or portion thereof shall be severed from the remainder of these conditions.

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Section 3:
REAR-ENTRY WARRANTY

If you purchased a vehicle from Liberty with a rear-entry conversion or purchased a rear-entry conversion (on a vehicle that you already own), this section applies to your purchase. This section sets out the warranty that is provided on your Rear-entry conversion.

Original Equipment Manufacturer Warranty: The terms of the general warranty policy provided on your Liberty vehicle by the Original Equipment Manufacturer and/or Distributor are applicable. Warranty coverage pertaining to general factory or bumper-to-bumper coverage, powertrain warranty, corrosion warranty, safety restraint system warranty, and emissions control warranty are provided exclusively on this vehicle by the Original Equipment Manufacturer and/or Distributor. For specific policy information, terms, conditions, and exclusions, please contact the Original Equipment Manufacturer and/or Distributor.
Liberty Warranty Extension: Liberty provides an extension of the terms of the general warranty policy provided by the Original Equipment Manufacturer and/or Distributor. (the "OEM Warranty") on your vehicle for 3 months or 3,125 miles (or 5,000 kilometres) after the date of delivery of the vehicle to the original owner of the conversion from Liberty, whichever occurs first, hereinafter referred to as the "Liberty OEM Warranty Extension". If a repair covered under the Liberty OEM Warranty Extension is also covered under the OEM Warranty, the Liberty OEM Warranty Extension does not apply and the warranty claim must be made under the OEM Warranty. There is a $50 deductible on the Liberty OEM Warranty Extension, meaning that the Liberty OEM Warranty Extension shall only cover repair costs in excess of $50, in the currency of the country in which the vehicle is registered. The Liberty OEM Warranty Extension commences on the day the vehicle is delivered to the original owner of the conversion from Liberty. All limitations and exclusions set out below and in the OEM Warranty also apply to the Liberty OEM Warranty Extension.
Liberty Limited Lifetime Warranty: Liberty provides a warranty on its conversion for wheelchair accessibility, hereinafter referred to as "The Liberty Limited Lifetime Warranty". Liberty warrants that its conversion is free from defects in material or workmanship according to the terms herein. The Liberty Limited Lifetime Warranty is independent of the warranty offered on your vehicle by the Original Equipment Manufacturer and/or Distributor and is an additional warranty provided by Liberty.

The Liberty Limited Lifetime Warranty commences on the day the vehicle is delivered to the original owner of the conversion from Liberty. Liberty warrants that it will repair or replace, free of charge, any aspect of its conversion which, under normal conditions of use and service, proves to be defective in material or workmanship, on the condition that such defect shall become apparent while the original owner of the conversion from Liberty remains the owner of the vehicle and that such defects impair the functionality of the conversion.

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Limitations and Exclusions:

The Liberty Limited Lifetime Warranty and the Liberty OEM Warranty Extension cover all material and labor costs preauthorized by Liberty. Liberty reserves the right to determine where repair work is to be performed.
The Liberty Limited Lifetime Warranty and the Liberty OEM Warranty Extension are warranties for the original owner of the conversion. They are not transferable to subsequent owners.
The Liberty Limited Lifetime Warranty and the Liberty OEM Warranty Extension do not cover any defects or failures caused by acts of nature, misuse, negligence, improper maintenance, modification, abuse, accident, unauthorized repair work or normal wear and tear.
The Liberty Limited Lifetime Warranty and the Liberty OEM Warranty Extension do not cover towing charges or incidental or consequential damages such as loss of use of vehicle, loss of time, loss of income, inconvenience or travel, food and accommodation expenses.
The Liberty Lifetime Warranty does not cover repairs and replacements to Kinedyne or Q'Straint tie-down straps, shock absorbers or parts designed and manufactured by parties other than Liberty. However, the producers of these parts may provide a warranty on the parts independent of the Liberty Lifetime Warranty. If you are interested in obtaining the applicable warranty policies provided by the producers of these parts, please ask your Liberty sales representative.
The Liberty Lifetime Warranty does not cover repairs and replacement to the exhaust and emissions control system, except as required by law.
The Liberty OEM Warranty Extension only applies if the purchaser of the conversion also purchased a rear-entry conversion vehicle from Liberty. If the purchaser only purchased the conversion to be installed on a vehicle already owned by the purchaser or if the purchaser purchased a side-entry conversion, the Liberty OEM Warranty Extension is not provided by Liberty.
The Liberty Limited Lifetime Warranty and the Liberty OEM Warranty Extension do not cover repairs to vehicles that are registered or operated in countries other than the United States, territories of the United States, and Canada.
To the extent permitted by law, the Liberty Limited Lifetime Warranty and the Liberty OEM Warranty Extension are provided in lieu of all other express and implied warranties, including the implied warranties of merchantability and fitness for a particular purpose.

To make a claim for warranty coverage under the Liberty Limited Lifetime Warranty or the Liberty OEM Warranty Extension, the owner of the conversion must contact Liberty to request coverage prior to any work performed to repair the conversion. Please contact Liberty at telephone number 1-888-578-8886.

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Section 4:
SIDE-ENTRY WARRANTY

If you purchased a vehicle from Liberty with a side-entry conversion or purchased a side-entry conversion (on a vehicle that you already own), this section applies to your purchase. This section sets out the warranty that is provided on your side-entry conversion.

Original Equipment Manufacturer Warranty: The terms of the general warranty policy provided on your vehicle by the Original Equipment Manufacturer and/or Distributor are applicable. Warranty coverage pertaining to general factory or bumper-to-bumper coverage, powertrain warranty, corrosion warranty, safety restraint system warranty, and emissions control warranty are provided exclusively on this vehicle by the Original Equipment Manufacturer and/or Distributor. For specific policy information, terms, conditions, and exclusions, please contact the Original Equipment Manufacturer and/or Distributor.
Eclipse Warranty: The warranty on your side-entry conversion is provided exclusively by Eclipse Specialty Vehicles LLC (“Eclipse”). The terms of the warranty on your side-entry conversion are available from Eclipse. For specific policy information, terms, conditions and exclusions, please contact Eclipse at tel: 574-262-1223. Eclipse posts the terms, conditions, and exclusions of its warranty policy at its website: www.eclipseconversions.com/service

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