Services. These terms and conditions (these “Terms”) shall govern the sale and provision of services (“Services”) by Fleetworthy Solutions, Inc., a Wisconsin corporation (“Fleetworthy”) to the buyer (“Customer”) set forth in the order form signed by Customer for the Services of Fleetworthy (“Order Form”), which Services may include the following, licensing, registration, administrative, titling, fuel tax reporting, fuel bonding services, driver qualification file management, log auditing, background checks, Controlled substance testing, DOT safety services, risk management, asset management, periodic inspection tracking, maintenance management, CSA scorecards, online driver training and reports for Customer’s vehicles (trucks, tractors, buses, and trailers, etc., collectively referred to as “Vehicles”) or access to Fleetworthy Software as provided and further described in the Order Form.
The Order Form, its included Supplements and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties and supersede all prior and contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Customer’s general terms and conditions of purchase regardless whether or when Customer has submitted its purchase order or such terms. Fulfillment of Buyer’s order or the Order Form does not constitute acceptance of any Customer terms and conditions and does not serve to modify or amend these Terms.
Fleetworthy agrees to perform all of the Services set forth in the Order Form in accordance with written requirements included in the Order Form and all applicable laws, regulations, rules, ordinances, guidelines and professional standards, including those pertaining to the confidentiality and the use and disclosure of people’s health information. The Services will be performed in a timely and professional manner, and Customer agrees to supply Fleetworthy, in a timely manner, with all correct information required by Fleetworthy to perform the Services. Customer will not hold Fleetworthy responsible for, and agrees to pay, any additional costs, fines, or other issues created by Customer’s incorrect or incomplete information, insurance certificate errors, delays in State or federal processing time, or other matters not directly controlled by Fleetworthy. Fleetworthy may utilize outside contractors, subcontractors, contract consultants, representatives, or agents to perform the Services in Fleetworthy’s sole discretion. Fleetworthy may, from time to time, change the Services identified in Order Form without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates agreed upon.