INTERSTATE 365, LLC
Effective Date: July 29, 2026
These Website Terms of Use and Terms and Conditions of Sale, collectively referred to as the “Terms,” govern:
Access to and use of the INTERSTATE 365 website;
Inquiries, quotes, reservations, deposits, and orders submitted through the website or directly to INTERSTATE 365;
The sale of trailers, trucks, equipment, parts, accessories, and related products by INTERSTATE 365, LLC.
Please read these Terms carefully.
By accessing the website, requesting a quote, signing a purchase order or bill of sale, paying a deposit, making any payment, or accepting delivery of Equipment, you acknowledge that you have read, understood, and agreed to these Terms.
Separate rental, lease, financing, repair, installation, or service agreements may contain additional terms. Where a separate signed agreement conflicts with these Terms, the separate signed agreement controls for that specific transaction.
INTERSTATE 365, LLC, referred to as “INTERSTATE 365,” “Dealer,” “Seller,” “we,” “us,” or “our,” is an independent dealer of commercial trailers, trucks, equipment, parts, and accessories manufactured by third parties.
INTERSTATE 365 is not the manufacturer of the trailers, trucks, components, parts, or accessories it sells unless a signed sales document expressly states otherwise.
Our principal business address is:
INTERSTATE 365, LLC
12822 Unison Road, Suite B
Houston, Texas 77044
Phone: (832) 384-9596
By using our website, you agree to:
Use the website only for lawful purposes;
Provide accurate information when submitting forms or inquiries;
Refrain from interfering with the website’s security or operation;
Refrain from attempting to access restricted systems, accounts, or data;
Refrain from using automated tools to scrape, copy, overload, or disrupt the website without our written permission.
We may restrict or terminate access to the website when we reasonably believe a user has violated these Terms or applicable law.
Website listings, advertisements, inventory pages, photographs, prices, descriptions, and availability statements are provided for general informational purposes.
A website listing does not constitute a binding offer to sell. Submitting an inquiry, placing an item in a shopping cart, submitting a financing application, or requesting a quote does not guarantee availability or create a sales contract.
A sale becomes binding only after INTERSTATE 365 accepts the order as described in Section 11.
All Equipment is subject to prior sale, withdrawal, pricing confirmation, financing approval where applicable, and final acceptance by INTERSTATE 365.
We make reasonable efforts to keep website information accurate. However, inventory, pricing, specifications, model years, photographs, dimensions, weights, capacities, options, and availability may contain errors or become outdated.
INTERSTATE 365 may:
Correct typographical, pricing, or specification errors;
Update or remove listings without notice;
Cancel or refuse an order based on incorrect information;
Substitute corrected information before accepting an order.
Photographs may include optional equipment, accessories, cargo-control products, tractors, tarping systems, or other items that are not included in the advertised price.
The signed quote, purchase order, invoice, or bill of sale identifies the Equipment and options included in a transaction.
The website and its text, graphics, photographs, videos, layout, logos, product descriptions, software, and other content are owned by INTERSTATE 365 or used with permission from manufacturers or other licensors.
You may view and print website content for your personal or internal business use. You may not reproduce, modify, republish, distribute, sell, scrape, or commercially exploit website content without our written permission.
Manufacturer names, trademarks, product names, and logos remain the property of their respective owners.
When you submit reviews, photographs, testimonials, comments, or similar content, you grant INTERSTATE 365 a non-exclusive, worldwide, royalty-free right to use, reproduce, edit, publish, and display that content for lawful business and marketing purposes.
You represent that your submission:
Is accurate to the best of your knowledge;
Does not infringe another person’s rights;
Does not contain confidential information belonging to another party;
Does not contain unlawful, deceptive, threatening, or defamatory material.
We may remove submitted content at our discretion.
Our website may link to manufacturer websites, lenders, insurers, transportation companies, service facilities, social networks, or other third parties.
Links are provided for convenience. INTERSTATE 365 does not control and is not responsible for third-party websites, policies, pricing, services, security, or performance.
A referral does not constitute a guarantee or endorsement of the third party.
Our collection and handling of personal information is governed by the Privacy Policy published on our website.
Information submitted to a lender, insurer, carrier, manufacturer, or other third party may also be governed by that party’s privacy policy.
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, INTERSTATE 365 DISCLAIMS WARRANTIES REGARDING THE WEBSITE’S AVAILABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM ERRORS OR INTERRUPTIONS.
This website disclaimer does not replace the separate Equipment warranty provisions below.
For purposes of these Terms:
Buyer means the individual or entity requesting, reserving, ordering, or purchasing Equipment.
Dealer or Seller means INTERSTATE 365, LLC.
Equipment means any trailer, truck, vehicle, part, component, accessory, cargo-control product, tarp system, or other product sold by Dealer.
Unit means an individual trailer, truck, or major piece of Equipment identified in a sales document.
Manufacturer means the third party that manufactured the applicable Equipment or component.
Manufacturer’s Warranty means a written limited warranty issued by the applicable Manufacturer.
Sales Document means a quote, order confirmation, purchase order, invoice, financing document, delivery receipt, or bill of sale issued or accepted by Dealer.
A Buyer’s inquiry, purchase order, financing application, deposit, or proposed order constitutes an offer to purchase Equipment under these Terms.
Dealer accepts the offer only when Dealer:
Signs or electronically accepts a Sales Document;
Sends written confirmation that the order has been accepted;
Accepts payment and expressly confirms the sale; or
Delivers the Equipment.
Dealer may reject or cancel a proposed order before acceptance.
Any terms contained in a Buyer’s purchase order or other document that add to or conflict with these Terms are rejected unless an authorized INTERSTATE 365 representative expressly accepts them in a signed writing.
Acceptance of a Buyer’s purchase order number does not constitute acceptance of the Buyer’s standard purchasing terms.
The order of priority for transaction documents is:
A signed bill of sale or purchase agreement;
A signed change order;
The accepted quote or order confirmation;
These Terms;
Other documents incorporated by reference.
“In-Stock Equipment” means Equipment that Dealer reasonably believes is physically available for sale when the quote is issued.
In-stock status does not guarantee availability until Dealer accepts the order and receives any required deposit or full payment.
In-stock Equipment remains subject to prior sale. Dealer may sell the Equipment to another buyer if the prospective Buyer has not completed the required paperwork or payment by the stated deadline.
A deposit reserves In-Stock Equipment only for the period stated in the applicable Sales Document.
“Incoming Equipment” means Equipment that has been ordered, is in production, is in transit, or is expected to enter Dealer’s inventory.
Estimated arrival dates are not guaranteed. Dealer may not have a final vehicle identification number, serial number, component list, production date, or exact delivery date when the reservation is accepted.
A reservation may be transferred to a substantially similar Unit if the originally expected Unit becomes unavailable, but only with Buyer’s written agreement.
“Factory-Ordered Equipment” or “Custom Equipment” means Equipment ordered from a Manufacturer for Buyer or built with Buyer-selected specifications, options, dimensions, configurations, paint, components, or accessories.
Custom orders are subject to:
Manufacturer approval;
Production capacity;
Component availability;
Manufacturer price changes;
Engineering approval;
Applicable laws and safety requirements;
The deposit and cancellation provisions below.
Dealer does not control Manufacturer production schedules.
Unless the quote states otherwise:
Quotes are valid for 15 calendar days;
Prices are stated in U.S. dollars;
Pricing remains subject to final confirmation;
Availability is not guaranteed;
Freight, delivery, taxes, registration, title fees, documentation charges, permits, and installation are excluded unless separately itemized.
A price shown on the website does not control over an accepted Sales Document.
Factory-order pricing may change before production or delivery because of Manufacturer increases, raw-material charges, tariffs, component substitutions, transportation costs, or government action.
If a material price increase occurs before production, Dealer may provide Buyer with an adjusted price. Buyer must accept or reject the adjusted price within the period stated in Dealer’s notice.
If Buyer rejects the adjusted price, Dealer may cancel the unproduced portion of the order and refund amounts paid for that portion, less any separately authorized and non-recoverable services or costs already incurred.
Unless an accepted Sales Document expressly states that a particular tax or charge is included, the Buyer is responsible for all applicable:
Sales and use taxes;
Federal excise tax;
Title and registration fees;
Documentary or administrative fees;
Inspection fees;
Permit fees;
Import or export charges;
Similar government assessments.
Certain first retail sales of qualifying heavy trucks, trailers, semitrailers, chassis, bodies, parts, and accessories may be subject to federal excise tax.
The applicable Sales Document will state whether federal excise tax is included, excluded, exempt, or separately charged to the extent known at the time of sale.
A Buyer claiming an exemption must provide complete and valid exemption documentation before the transaction is completed.
If a taxing authority later rejects an exemption or determines that additional tax is due, Buyer shall pay the additional tax, interest, and penalties attributable to Buyer’s transaction, except to the extent caused solely by Dealer’s failure to remit tax previously collected from Buyer.
Dealer may require a deposit to reserve or order Equipment.
The deposit amount and any reservation deadline will appear in the Sales Document.
A deposit on In-Stock Equipment may become non-refundable after Dealer:
Removes the Equipment from active sale;
Incurs transportation, inspection, preparation, installation, financing, or documentation costs;
Rejects another sale in reliance on Buyer’s commitment;
Performs Buyer-requested modifications;
Completes the sale documents.
Any retained amount will be limited to the deposit, Dealer’s actual losses, an agreed reasonable cancellation charge, or another amount permitted by law and stated in the Sales Document.
Deposits on Incoming Equipment may become non-refundable after Dealer allocates a specific Unit to Buyer, commits to the Manufacturer, arranges transportation, installs options, or otherwise incurs non-recoverable costs.
Unless a signed Sales Document states otherwise, a deposit on Factory-Ordered or Custom Equipment becomes non-refundable when Dealer submits the order to the Manufacturer or begins Buyer-specific work.
The parties agree that custom-order cancellation losses can be difficult to calculate because they may include Manufacturer charges, reduced resale value, transportation, engineering, storage, financing, and lost sales opportunities.
Any cancellation charge is intended as a reasonable estimate of Dealer’s anticipated loss and not as a penalty. Dealer may also recover additional actual damages to the extent permitted by law and the applicable Sales Document.
Unless Dealer approves written credit terms, payment in full must be received in cleared funds before Dealer releases Equipment, title documents, or the Manufacturer’s Statement of Origin.
Dealer may accept:
Wire transfer;
ACH transfer;
Cashier’s check;
Certified funds;
Approved financing proceeds;
Other methods approved by Dealer.
Dealer may refuse personal or company checks or wait for funds to clear before releasing Equipment.
Buyer is responsible for verifying payment instructions directly with an authorized INTERSTATE 365 representative. Dealer is not responsible for money sent to fraudulent or altered payment instructions that Buyer failed to verify.
Past-due balances accrue interest at the lesser of:
1.5% per month; or
The maximum rate permitted by applicable law.
Buyer is responsible for reasonable collection costs, repossession expenses, court costs, and attorneys’ fees incurred in collecting overdue amounts, to the extent permitted by law.
Buyer is responsible for obtaining financing or leasing approval.
A financing application, preliminary approval, or lender commitment does not obligate Dealer to release Equipment.
Unless the accepted Sales Document contains an express financing contingency, Buyer’s obligation to purchase is not contingent on Buyer obtaining financing.
Dealer does not act as the agent, partner, or fiduciary of a lender, lessor, insurer, or finance broker. Any referral is provided only as a convenience.
The lender or lessor may impose separate conditions, fees, documentation requirements, insurance requirements, or security interests.
Any requested change to an accepted order must be submitted in writing.
Changes to Factory-Ordered or Custom Equipment are subject to Manufacturer approval and may cause:
Additional charges;
Engineering fees;
Production delays;
Loss of an existing production position;
Component substitutions;
A new estimated delivery date.
A change is binding only after Buyer and Dealer accept a written change order.
Dealer is not responsible for specifications communicated only verbally or contained in an unaccepted Buyer document.
Buyer may not cancel an accepted order except with Dealer’s written consent.
Dealer may condition cancellation on payment of:
Manufacturer cancellation charges;
Freight or transportation costs;
Installation or removal costs;
Inspection and preparation costs;
Financing or documentation costs;
Loss in resale value;
Reasonable storage costs;
Other actual damages caused by cancellation;
A reasonable cancellation charge stated in the Sales Document.
Dealer may cancel an order if:
The Manufacturer discontinues or cannot produce the Equipment;
The Unit is damaged, lost, or unavailable;
Buyer fails to make payment when due;
Buyer fails to provide requested documentation;
Dealer cannot verify the transaction or Buyer’s identity;
Dealer reasonably suspects fraud, unlawful activity, or export restrictions;
A pricing or specification error materially affects the transaction;
Performance becomes commercially impracticable due to circumstances outside Dealer’s reasonable control.
If Dealer cancels without a Buyer default, Buyer’s primary remedy is a refund of amounts paid for the undelivered Equipment. Separately authorized services or non-recoverable third-party expenses may remain payable where stated in the Sales Document.
All production, arrival, preparation, shipping, and delivery dates are estimates unless a signed Sales Document expressly guarantees a date.
Time is not of the essence unless the signed Sales Document specifically states that it is.
Dealer is not liable for downtime, substitute equipment, lost revenue, lost contracts, driver expenses, permits, financing charges, or other losses resulting from a delay.
Buyer should not schedule freight, drivers, permits, cranes, escorts, or other dependent services until Dealer confirms that the Equipment is ready.
Unless otherwise stated in the Sales Document, delivery occurs when:
Buyer or Buyer’s representative takes possession at Dealer’s location;
Dealer makes the Equipment available for pickup and Buyer fails to collect it within the required period; or
Dealer releases the Equipment to a carrier for transportation to Buyer.
When Dealer arranges transportation, Dealer normally does so as a convenience and as Buyer’s arranging agent. The carrier remains an independent contractor.
Buyer is responsible for reviewing the carrier’s insurance, authority, rates, and delivery terms.
Transit damage must be noted on the carrier’s delivery receipt before it is signed. Buyer must promptly photograph and report visible transit damage to the carrier and Dealer.
Buyer must collect Equipment within 10 calendar days after Dealer notifies Buyer that it is ready, unless the Sales Document provides another period.
After that period, Dealer may charge a reasonable daily storage fee. Buyer remains responsible for insurance and risk of loss during storage after the pickup deadline.
Risk of loss passes to Buyer upon the earliest of:
Buyer taking possession;
Delivery to Buyer’s representative;
Release to a carrier for Buyer;
Expiration of Buyer’s pickup deadline after the Equipment is made available.
Dealer may withhold the Manufacturer’s Statement of Origin, certificate of title, bill of sale, lien release, or other ownership documents until Dealer receives full payment in cleared funds.
To the extent Dealer retains an ownership interest after delivery, that retained interest will operate as a security interest to secure Buyer’s payment and other obligations.
Buyer grants Dealer a purchase-money security interest in the Equipment and its identifiable proceeds until all amounts due are paid. Buyer authorizes Dealer to file financing statements and other documents reasonably necessary to perfect or enforce that security interest.
Buyer has the right and responsibility to inspect Equipment before accepting delivery.
Buyer should confirm:
Manufacturer and model;
Model year;
VIN or serial number;
Dimensions and configuration;
Axle and suspension configuration;
Tires and wheels;
Installed options;
Visible condition;
Quantity of parts and accessories.
Buyer accepts the Equipment when Buyer:
Signs a delivery receipt or bill of sale;
Takes possession;
Uses, registers, modifies, leases, or resells the Equipment;
Fails to report a visible shortage or nonconformity within three business days after delivery.
Buyer must report visible shipping damage, missing items, or an incorrect Unit in writing within three business days after delivery.
This inspection period does not create a return right and does not replace the applicable Manufacturer’s Warranty for latent defects.
Except where a signed Sales Document expressly provides otherwise or INTERSTATE 365 issues a separate written return authorization, all sales are final.
ALL SALES OF TRAILERS, TRUCKS, VEHICLES, USED EQUIPMENT, DEMONSTRATOR EQUIPMENT, CONSIGNMENT EQUIPMENT, FACTORY-ORDERED EQUIPMENT, CUSTOM EQUIPMENT, INSTALLED PARTS, AND SPECIAL-ORDER PARTS ARE FINAL AND NON-RETURNABLE.
Equipment may not be returned, exchanged, or refunded because:
Buyer selected an incorrect model, size, configuration, specification, or option;
Buyer’s tractor, towing vehicle, fifth wheel, hydraulic system, electrical system, or other equipment is incompatible;
Buyer cannot obtain financing, leasing, insurance, registration, permits, or operating authority;
Buyer’s intended load does not comply with applicable weight, dimension, axle, bridge-law, route, or permit requirements;
Buyer no longer needs or wants the Equipment;
Buyer’s customer, contract, shipment, project, or business opportunity is delayed, changed, or cancelled;
Actual operating costs, payload capacity, fuel use, maintenance requirements, or commercial performance differ from Buyer’s expectations;
Buyer fails to take delivery within the required period.
No return or exchange is permitted without prior written authorization from an authorized INTERSTATE 365 representative. Verbal approval from a salesperson, employee, contractor, or other representative does not authorize a return.
Where INTERSTATE 365 authorizes a return, the authorization may be subject to:
Inspection and approval of the returned item;
Return within a specified period;
The item remaining unused, uninstalled, undamaged, and in resalable condition;
Buyer providing the original invoice, packaging, manuals, accessories, and documentation;
Buyer paying all shipping, transportation, loading, unloading, inspection, repair, and reconditioning costs;
Deduction of a reasonable restocking charge;
Deduction of any reduction in the item’s resale value;
Deduction of Dealer’s actual costs and losses relating to the original sale and return.
Shipping, delivery, installation, documentation, financing, inspection, preparation, and other service charges are non-refundable unless INTERSTATE 365 agrees otherwise in writing.
Deposits, cancellations, rejected deliveries, and failures to take possession remain governed by the applicable provisions of these Terms and the signed Sales Documents.
Nothing in this Section limits any right or remedy that cannot lawfully be excluded or waived under applicable law.
New Equipment may be covered by a written limited warranty issued by its Manufacturer or component manufacturer.
The Manufacturer’s Warranty, where applicable:
Is issued by the Manufacturer, not INTERSTATE 365;
Determines the available coverage and remedy;
May require registration;
May be limited to the original purchaser;
May contain strict notice and claim deadlines;
May require advance authorization before repair;
May exclude wear items, maintenance, overloading, misuse, corrosion, unauthorized repairs, accidents, alterations, downtime, cargo loss, and consequential damages.
Buyer is responsible for obtaining, reviewing, and following the applicable Manufacturer’s Warranty, operator’s manual, maintenance schedule, safety instructions, load charts, decals, and claim procedures.
Dealer may assist Buyer with a Manufacturer warranty claim as a courtesy. Assistance does not make Dealer responsible for the Manufacturer’s decision, response time, repair process, parts availability, labor rate, transportation cost, or claim denial.
Dealer has no authority to alter, extend, approve, or waive a Manufacturer’s warranty terms.
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS WARRANTIES PROVIDED BY INTERSTATE 365.
INTERSTATE 365 IS A DEALER AND NOT THE MANUFACTURER OF THE EQUIPMENT IT SELLS. UNLESS INTERSTATE 365 PROVIDES A SEPARATE WRITTEN WARRANTY SIGNED BY AN AUTHORIZED REPRESENTATIVE, INTERSTATE 365 MAKES NO EXPRESS WARRANTY OF ITS OWN CONCERNING THE EQUIPMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, INTERSTATE 365 DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, DESCRIPTION, SAMPLE, OR MODEL.
AS BETWEEN INTERSTATE 365 AND BUYER, EQUIPMENT IS SOLD “AS IS” AND “WITH ALL FAULTS,” SUBJECT ONLY TO ANY NON-WAIVABLE RIGHTS AND ANY WRITTEN WARRANTY PROVIDED DIRECTLY BY THE MANUFACTURER.
No salesperson, employee, website description, brochure, photograph, advertisement, estimate, capacity statement, or oral statement creates a Dealer warranty.
A Dealer warranty exists only where an authorized INTERSTATE 365 representative expressly provides one in a signed writing that identifies the warranty and the covered Equipment.
Nothing in these Terms limits rights that cannot legally be waived. Where applicable consumer law restricts a disclaimer because Dealer provides its own written warranty or enters into a covered service contract, the disclaimer applies only to the maximum extent permitted by that law.
USED, DEMONSTRATOR, AUCTION, CONSIGNMENT, AND TRADE-IN EQUIPMENT IS SOLD “AS IS, WHERE IS, WITH ALL FAULTS,” WITHOUT ANY DEALER WARRANTY, UNLESS A SEPARATE WRITTEN WARRANTY IS SIGNED BY AN AUTHORIZED INTERSTATE 365 REPRESENTATIVE.
Information about mileage, operating hours, ownership history, service records, prior repairs, accidents, prior use, tire condition, brake condition, or remaining warranty coverage may be based on information received from a prior owner or third party.
Dealer does not warrant that such third-party information is complete or accurate.
Buyer is encouraged to inspect used Equipment personally or through a qualified independent mechanic, technician, or inspector before purchase.
Any remaining Manufacturer warranty is subject to the Manufacturer’s transfer rules. Dealer does not guarantee that a warranty remains valid or transferable.
Parts and accessories are covered only by warranties provided by their respective manufacturers, if any.
Where Dealer performs installation or repair work, Dealer warrants its own workmanship for 90 days after the service invoice date, unless the invoice states another period.
Dealer’s sole obligation under this workmanship warranty is, at Dealer’s option, to:
Reperform the affected work; or
Refund the labor charge for that work.
This workmanship warranty does not cover:
The part or component itself;
Normal wear;
Misuse or overloading;
Subsequent damage;
Repairs or changes performed by another party;
Manufacturer design or material defects;
Equipment not presented to Dealer for inspection.
Buyer must obtain written authorization before incurring outside repair charges for which Buyer seeks reimbursement.
Buyer is solely responsible for selecting Equipment suitable for Buyer’s:
Cargo;
Intended loads;
Concentrated load requirements;
Routes;
Tractor or towing vehicle;
Fifth-wheel height;
Kingpin configuration;
Hydraulic or wet-kit requirements;
Air and electrical connections;
Operating environment;
Permits and legal requirements.
Published gross vehicle weight ratings and structural capacities do not guarantee that a particular load can be legally transported.
Buyer is responsible for determining legal payload, axle distribution, bridge-law compliance, dimensions, permits, load securement, towing compatibility, and route restrictions.
Buyer shall comply with all applicable federal, state, and local laws and regulations, including requirements relating to:
Commercial vehicle operation;
Inspection and maintenance;
Tires, brakes, lighting, and markings;
Load securement;
Weight and dimension limits;
Oversize and overweight permits;
Registration, licensing, and insurance;
Driver qualifications;
Export controls and sanctions.
Buyer must maintain the Equipment according to Manufacturer instructions. Overloading, misuse, unauthorized modifications, or inadequate maintenance may cause damage and void warranty coverage.
Buyer must maintain appropriate insurance from the time risk of loss passes to Buyer.
Where Dealer retains a security interest, Dealer may require proof of physical-damage insurance naming Dealer as a loss payee.
Insurance requirements imposed by a lender, lessor, carrier, or government authority remain Buyer’s responsibility.
When Buyer provides trade-in equipment, Buyer represents that:
Buyer owns the trade-in;
Buyer has authority to transfer it;
The title information is correct;
All liens have been disclosed;
The stated payoff information is accurate;
The condition, mileage, hours, history, and specifications have been accurately described.
A trade allowance remains subject to Dealer’s inspection.
Dealer may reduce or withdraw the allowance if:
The condition differs materially from Buyer’s description;
Undisclosed damage or defects are discovered;
Mileage or hours materially change;
The payoff exceeds the stated amount;
Clear title cannot be delivered;
Equipment or components have been removed or substituted.
Buyer remains responsible for any lien or payoff shortfall.
Manufacturers may change designs, components, materials, suppliers, dimensions, weights, colors, model designations, and production methods without notice.
Dealer is not responsible for minor Manufacturer changes that do not materially alter the Equipment’s intended commercial function.
Approximate weights, dimensions, deck heights, capacities, and other specifications may vary by configuration and build.
Buyer must ensure that critical requirements are expressly included in the accepted Sales Document.
Dealer is not liable for delay or failure caused by events beyond its reasonable control, including:
Manufacturer delays or shutdowns;
Component or material shortages;
Transportation delays;
Labor disputes;
Fire, flood, storms, extreme weather, or natural disasters;
Accidents;
Epidemics or public-health restrictions;
War, terrorism, civil unrest, or government action;
Tariffs, sanctions, or import restrictions;
Cyber incidents or utility failures;
Changes in law or regulation.
Dealer may extend the performance period, offer substitute Equipment, or cancel the affected portion of the order.
TO THE FULLEST EXTENT PERMITTED BY LAW, INTERSTATE 365’S TOTAL AGGREGATE LIABILITY ARISING FROM A PARTICULAR UNIT, PART, SERVICE, OR SALE SHALL NOT EXCEED THE AMOUNT BUYER ACTUALLY PAID TO INTERSTATE 365 FOR THE SPECIFIC UNIT, PART, OR SERVICE GIVING RISE TO THE CLAIM.
INTERSTATE 365 SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING:
Loss of use;
Downtime;
Towing or recovery costs;
Substitute equipment;
Rental costs;
Lost revenue or profits;
Lost contracts;
Cargo loss or damage;
Driver wages;
Fuel, lodging, permits, fines, or penalties;
Increased operating costs;
Loss of business opportunity.
These limitations apply regardless of the legal theory asserted and even if Dealer was informed that such damages were possible.
Nothing in these Terms excludes liability for fraud, gross negligence, willful misconduct, personal injury liability that cannot legally be limited, or any other liability that applicable law prohibits the parties from limiting.
Buyer shall indemnify, defend, and hold harmless INTERSTATE 365 and its owners, officers, employees, and agents from third-party claims, losses, liabilities, fines, judgments, and reasonable attorneys’ fees arising from:
Buyer’s operation, loading, use, resale, leasing, maintenance, modification, or storage of Equipment;
Buyer’s failure to comply with law;
Buyer-provided specifications;
Buyer’s breach of these Terms;
Acts or omissions of Buyer’s employees, drivers, contractors, customers, or agents;
Injury or property damage caused by Buyer’s misuse, overloading, improper maintenance, or unauthorized modification.
This obligation does not apply to the extent a final judgment determines that the claim resulted from INTERSTATE 365’s gross negligence or willful misconduct.
Buyer must give Dealer written notice of an alleged breach within 30 days after Buyer discovers or reasonably should have discovered it.
The notice must identify:
The Equipment;
VIN or serial number, where applicable;
Date of purchase;
Nature of the claim;
Supporting photographs and documents;
Requested resolution.
Failure to provide reasonably timely notice may bar recovery to the extent Dealer is prejudiced by the delay.
Any lawsuit or other legal action against Dealer for breach of a sales contract or Dealer warranty must be commenced within one year after the claim accrues.
This one-year limitation does not govern:
A claim directly against a Manufacturer under its warranty;
A personal injury claim;
A fraud or gross-negligence claim;
A claim for which applicable law does not permit a shortened period.
Buyer may not withhold, deduct, charge back, or offset amounts owed to Dealer based on a disputed claim unless Dealer agrees in writing or a final court order authorizes the offset.
A dispute concerning one Unit does not excuse payment for another Unit or transaction.
Buyer agrees that quotes, Sales Documents, disclosures, notices, signatures, and transaction records may be created and delivered electronically.
Electronic signatures, typed names, checkbox acceptance, scanned signatures, and acceptance through an electronic platform will be treated as signatures to the extent permitted by law.
Buyer is responsible for maintaining accurate email and contact information.
These Terms and each sale governed by them shall be interpreted under the laws of the State of Texas, without applying conflict-of-law rules that would require another jurisdiction’s laws.
Any action arising from these Terms, a Sales Document, or a sale of Equipment shall be brought exclusively in the state or federal courts located in Harris County, Texas.
Buyer and Dealer consent to the personal jurisdiction and venue of those courts.
The prevailing party in an action arising from these Terms or a Sales Document may recover reasonable attorneys’ fees, expert fees, court costs, and other recoverable litigation expenses, to the extent permitted by law.
Buyer may not assign an accepted order or transfer its contractual rights without Dealer’s written consent.
Dealer may assign its right to payment, security interest, or other contractual rights to a lender, financing company, affiliate, or purchaser of the applicable account.
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, or fiduciary relationship between Buyer and Dealer.
Neither party may bind the other except as expressly stated in a signed agreement.
Dealer’s delay or failure to enforce a provision does not waive that provision or any later breach.
A waiver is effective only when made in writing by an authorized Dealer representative.
If a provision is found invalid or unenforceable, it shall be modified only to the minimum extent necessary to make it enforceable.
The remaining provisions will continue in effect.
These Terms, together with the applicable accepted Sales Documents and documents expressly incorporated into them, constitute the complete agreement concerning the sale.
They replace prior or contemporaneous oral statements, proposals, communications, negotiations, and understandings concerning the same transaction.
Buyer acknowledges that Buyer has not relied on any promise or representation not contained in the applicable Sales Documents.
Except for indemnified parties and permitted assignees, these Terms do not create rights for any person or entity other than Buyer and Dealer.
INTERSTATE 365 primarily offers commercial transportation Equipment.
Nothing in these Terms is intended to waive or restrict a consumer right that cannot lawfully be waived. Where a provision conflicts with a mandatory consumer-protection law, the provision applies only to the maximum extent permitted.
Dealer may update the website-use provisions at any time by posting a revised version.
For a sale of Equipment, the version in effect when Dealer accepts Buyer’s order governs that sale unless the parties later sign an amendment.
Updates do not retroactively change an accepted order.
Questions about these Terms may be directed to:
INTERSTATE 365, LLC
12822 Unison Road, Suite B
Houston, Texas 77044
Phone: (832) 384-9596
Email: [email protected]
By signing a Sales Document, paying a deposit, making payment, or accepting delivery, Buyer acknowledges and agrees that:
Buyer has read and accepted these Terms;
INTERSTATE 365 is a dealer and not the Manufacturer of the Equipment;
Dealer provides no Equipment warranty unless contained in a separate signed writing;
Any applicable Manufacturer’s Warranty is issued and administered by the Manufacturer;
Buyer has had the opportunity to inspect the Equipment and review the Manufacturer’s Warranty;
Buyer is responsible for selecting Equipment suitable for Buyer’s intended use;
Factory and custom orders may be non-cancellable and deposits may become non-refundable;
Equipment sales are final except where Dealer agrees otherwise in writing;
The warranty disclaimers and liability limitations above form a material part of the parties’ agreement.
