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Many OneGauge products are custom-built, made-to-order, programmed, configured, assembled, or modified according to the customer’s selected components, vehicle information, sensor package, screen design, software configuration, or other requirements. These products are not maintained as finished, ready-to-ship inventory.
The production and shipping period does not begin on the date a deposit or partial payment is submitted. The production period begins on the date that all of the following requirements have been satisfied, referred to in this Agreement as the “Full Order Readiness Date”:
Deposits, down payments, partial payments, financing applications, financing authorizations, unpaid invoices, pending electronic payments, and payments that have not cleared do not establish the Full Order Readiness Date and do not begin the production period.
A delay caused by missing information, an unpaid balance, a requested order change, a failure to approve a design or configuration, or a failure to respond to a reasonable request from OneGauge will postpone the Full Order Readiness Date.
Unless OneGauge expressly agrees to a different shipment date in a separate written agreement, an order may require up to 90 calendar days after the Full Order Readiness Date to manufacture, program, configure, assemble, test, package, and tender to the shipping carrier.
The applicable commitment is a shipment timeframe, not a guaranteed delivery date. An order is considered shipped when it is tendered to the selected carrier. Carrier transit time, customs processing, weather interruptions, carrier delays, incorrect-address delays, and other events occurring after carrier acceptance are not included in the production period.
Any reference to orders shipping “quickly,” “in a few days,” “in a few weeks,” or within another shorter period describes a possible or typical experience for certain orders and does not replace the maximum production period stated in this section unless OneGauge expressly agrees to a different deadline in writing for the particular order.
Customers requiring shipment or delivery by a specific date must contact OneGauge before ordering and obtain written confirmation that the requested date has been accepted. A customer’s statement that a product is needed by a particular date does not create a binding deadline unless OneGauge expressly accepts that deadline in writing.
Expedited labor or production may be offered at OneGauge’s discretion and may require an additional nonrefundable fee.
The production period may be reasonably extended when a customer:
When a customer requests or causes a material order change after the Full Order Readiness Date, OneGauge may establish a new Full Order Readiness Date for the affected portion of the order.
OneGauge intends to ship orders within the applicable stated production period and will maintain a reasonable basis for any shipment estimate it provides.
If OneGauge determines that it cannot ship an order within the applicable shipment period, OneGauge will provide the customer with a delay notice, a revised estimated shipment date when reasonably available, and an opportunity to consent to the delay or cancel the unshipped portion of the order as required by applicable law.
Nothing in this Agreement eliminates or restricts cancellation, refund, notice, or consent rights that cannot lawfully be waived.
If a customer initiates a chargeback, payment dispute, payment reversal, or similar proceeding before shipment, OneGauge may immediately suspend all production, programming, customization, support, and shipment associated with the order.
An order will not be shipped while its payment is disputed, reversed, incomplete, or otherwise unavailable to OneGauge. The production schedule will remain suspended until the dispute has been finally resolved and OneGauge has received cleared payment of the full amount due, including any authorized fees or additional costs.
If production later resumes, OneGauge may establish a new Full Order Readiness Date beginning when the full cleared balance has been restored and all other order requirements have been satisfied.
Initiating a chargeback does not, by itself, modify the character of a custom or special-order product or create a contractual right to retain both the disputed funds and any completed or partially completed product. OneGauge reserves all rights to dispute improper chargebacks and recover amounts, fees, and costs to the extent permitted by law.