As of June 1, 2026 the following Bailment terms and conditions will apply to all Vehicles of any and every kind situated on property owned by Vanair® Manufacturing, LLC or The Lincoln Electric Company (collectively referred to herein as “Vanair”).
1. BAILMENT
Customer acknowledges and agrees that by delivering a vehicle (“Vehicle”) to Vanair’s facility for up-fitting, modification, repair, maintenance, or service, a bailment relationship is created to which these terms and conditions apply under Indiana or Ohio law dependent upon the location of Vehicle delivery. Vanair shall exercise reasonable care in the custody and handling of the Vehicle but shall not be liable for loss or damage caused by circumstances beyond its control, including rodent infestation, theft, fire, or acts of nature, weather, or natural disaster. Buyer is responsible for maintaining insurance coverage on the Vehicle during the period of bailment and must provide proof of insurance to Vanair within fifteen (15) calendar days of delivery of vehicle to Company’s facility (“Facility”).
2. STORAGE FEES
a. Fees. Customer agrees and acknowledges that any vehicle delivered to Facility shall be held in storage at Customer’s sole cost and expense, and risk of any and every kind, including but not limited to rodent infestation, theft, fire, or acts of nature, weather, or natural disasters, at a rate to Customer of Ten Dollars per day ($10.00) per vehicle commencing the day the vehicle is delivered to Facility.
b. Interest. If any storage fee remains unpaid for more than fifteen (15) days after the due date, such unpaid fee shall accrue interest at the maximum rate permitted by applicable law. Interest shall be calculated from the original due date until payment is received in full. Customer acknowledges that this interest provision is a reasonable estimate of the cost of delayed payment and agrees that it shall be enforceable under the laws of the state in which the vehicle is stored.
c. Waiver of Fees. Such storage fee shall be waived if Customer provides a valid purchase order for services and proof of insurance (or retrieves the vehicle) within fifteen (15) calendar days of delivery. Notwithstanding the foregoing, if Customer fails to arrange for retrieval or delivery of the vehicle within fifteen (15) calendar days following the date Vanair’s final invoice for services is issued or defers work on a vehicle for which a purchase order has been issued for more than fifteen (15) calendar days beyond the agreed build date, the storage fee shall resume and accrue from the sixteenth (16th) day onward and shall be invoiced monthly.
d. No Waiver of Rights. Company’s assessment of storage fees shall not limit or waive its rights to enforce any liens, security interests, or other remedies available under applicable law for unclaimed or abandoned vehicles.
e. Storage Prior to Work Commencement. Prior to the date required by Vanair to commence work on the Vehicle, Customer shall have the right, at its sole cost, expense, and risk, to store the Vehicle at a facility of Customer’s choosing. Vanair shall have no responsibility or liability for any loss, damage, or claim arising out of or relating to such storage, including but not limited to the condition, security, or handling of the Vehicle while in the custody of such facility.
3. TITLE & RISK OF LOSS
Title and risk of loss for the Goods provided by Vanair (including any Vehicle-mounted Goods) shall transfer to Customer on the date of invoice. Vanair shall retain a purchase money security interest on and in the Goods until Vanair receives payment in full. Customer will cooperate with Vanair to perfect any such interest as deemed reasonably necessary by Vanair. Customer acknowledges and agrees that the storage of Goods at Vanair’s Facility is at Customer’s sole risk, and Customer shall indemnify and hold Vanair harmless from any claims, damages, or liabilities arising from such storage, except in cases of gross negligence or willful misconduct by Vanair.
4. UNCLAIMED OR ABANDONED VEHICLES
Vanair shall have the full right to enforce any and all remedies available under applicable law for unclaimed or abandoned vehicles, including, but not limited to the rights set forth in Section 5 below, if a) a vehicle is delivered to Facility without notifying Vanair within sixty (60) calendar days of delivery, b) a vehicle is delivered to the Facility with notice to Vanair but for which Customer has failed to submit a valid purchase order or otherwise notified Vanair as to the status of the order within sixty (60) calendar days of delivery, or c) a vehicle is left at the Facility for more than sixty (60) calendar days following Company’s notification to Customer of completion of services by delivering a final invoice. Notwithstanding the above, enforcement shall not commence until a vehicle has remained in Vanair’s possession without retrieval or payment by Customer beyond the required statutory period under applicable Indiana or Ohio law.
5. ENFORCEMENT RIGHTS
a. Remedies Vanair shall have the full right and authority to enforce any and all remedies available under law or contract with respect to these terms and conditions, including but not limited to:
- Possessory Liens for unpaid charges related to towing, storage, repair, or administrative services, enforceable through retention, sale, or title transfer under applicable state law.
- Mechanic’s Liens for labor, materials, or services rendered, enforceable through foreclosure, judicial sale, or other statutory procedures.
- Security Interests under Article 9 of the Uniform Commercial Code, enforceable through repossession, disposition, or sale of collateral, whether perfected by possession, control, or filing.
- Contractual Remedies, including setoff, retention of title, acceleration of obligations, and recovery of costs, fees, and expenses associated with enforcement.
b. Cumulative and Concurrent Remedies All remedies described herein shall be cumulative and may be exercised concurrently or successively, at Vanair’s sole discretion. The exercise of one remedy shall not preclude the exercise of others.
c. Perfection and Priority The Customer acknowledges and agrees that Vanair may take all necessary steps to perfect its lien or security interest, including filing UCC-1 Financing Statements, retaining possession of collateral, or asserting priority over other creditors as permitted by law.
d. Assembly and Access to Collateral Upon default or abandonment, the Customer shall cooperate in making the vehicle or collateral available for enforcement, including physical access, documentation, and location disclosure, as required under UCC § 9-609 and related provisions.
e. Recovery of Enforcement Costs Vanair shall be entitled to recover all reasonable costs of enforcement, including attorney’s fees, filing fees, notice costs, auction expenses, and administrative charges, from the proceeds of sale or directly from the Customer.
f. Indemnification and Waiver of Claims The Customer shall indemnify and hold harmless Vanair from any claims, liabilities, or damages arising from lawful enforcement of liens, security interests, or contract rights, and waives any objection to enforcement actions taken in accordance with applicable law and this Agreement.
ACKNOWLEDGMENT OF TERMS
1. Opportunity to Review: Customer acknowledges having been provided reasonable opportunity to review this Agreement in its entirety prior to acceptance.
2. Understanding of Terms: By accepting this Agreement, Customer confirms having read, understood, and agreed to all terms and conditions contained herein.
3. Binding Effect: Customer understands that by electronically accepting this Agreement, Customer is entering into a legally binding contract with Vanair and agrees to be bound by all terms and conditions set forth herein.
4. Constructive Acknowledgment: If Customer continues to use Vanair’s services following notification of these terms without explicit acceptance, such continued use shall constitute constructive acknowledgment and acceptance of all terms and conditions.
By clicking the “I Accept” button, checking the acceptance box, or continuing to use Vanair’s services, Customer expressly acknowledges and agrees to be bound by the terms and conditions of this Agreement. Customer’s electronic acceptance shall have the same legal effect as a handwritten signature and constitutes valid and enforceable consent to all terms herein. To accept and continue with service please visit https://vanair.com/summary-of-bailment-terms/.
