WillGo's National Trailer Inventory Program

Participation Terms and Conditions

Purpose - The new and used trailer inventory found on the internet at www.willgo.com is gathered, formatted and maintained by WillGo, Inc. ("WillGo") of McLean, VA for the purpose of providing sellers, and buyers the most comprehensive listing possible of available trailers throughout the country.

General Description - Information, including equipment specifications, quantity, location, price and photos, will be provided to WillGo by the owner, dealer, or sales agent of record (the "Lister") of the equipment.  WillGo will enter this data into its database and scan in representative photos if available. Listed information on display through the web site will not include the Lister's name and contact info. WillGo will add a listing and brokerage fee as shown below to prices provided by the Lister and enter the resulting total as the "Retail Sales Price" in the database. When WillGo receives buyer inquiries, we quote the retail sales price as listed in the database. We will also note any wholesale discounts that may be applicable as provided by the Lister and shown in the database, after qualifying the inquirer as a prospect for wholesale pricing. WillGo will make every effort to follow-up with inquirers, provide additional requested information, and arbitrate buyer/seller negotiations in order to facilitate the sale. When the prospective buyer is ready to inspect the equipment and/or finalize the purchase, WillGo will provide both the buyer and Lister with the necessary contact information for the other. The Lister is then responsible to "close" the sale directly with the buyer in all respects. When the sale is closed, Lister will notify WillGo and WillGo will invoice the Lister the agreed listing and brokerage fee in consideration of having found the buyer. WillGo invoices are due and payable within five (5) business days after the Lister's receipt of funds from the buyer unless the Lister agrees to allow the buyer to pay over a period of time, in which case payments to WillGo will be due on a pro rata basis within five (5) days of the Lister's receipt of funds. From time to time, WillGo may also buy trailers or containers directly from Lister for its own account. In this circumstance, WillGo will buy the equipment at a price not including the listing and brokerage fee. There are no other costs for the Lister unless additional services are otherwise agreed. Specific terms and conditions follow:

Listing and Brokerage Fees - The fee which WillGo adds to seller pricing for listing and brokerage depends on the type of equipment, and the quantity in the group as follows:

Database Program Listers - By listing trailers for sale with WillGo, sellers are acknowledging having read and understood these terms and conditions of participation including their responsibility to pay the agreed fees to WillGo in the event that WillGo provides a buying customer. WillGo reserves the right to accept or reject any or all  participants and/or any listings at its sole discretion at any time.  Listers may withdraw from the program and decline further listing of their equipment at any time by so indicating in writing.

WillGo's Role - With the National Trailer Inventory Program, WillGo is providing a marketing service to the Listers. WillGo is not a dealer and, unless otherwise agreed or noted, does not hold or pass title to or ownership of the equipment at any time in the transaction.

Equipment Submissions - WillGo has a specific database format and clear preference for information and data submitted. These preferences are specified on the appropriate National Inventory Data Entry Form. Electronic submissions are most preferred and can be submitted through willgo.com using the home page link "Sale Trailer Listing Form".  If electronic submission is not possible, WillGo will make every effort to accept information from Listers in any form that they choose to submit it as long as the information is comprehensive. Brokerage fees are higher for listings not submitted electronically through our website.  WillGo will also accept and scan into the database between 1 and 3 representative photos of the equipment, although we reserve the right not to use specific photos for any reason. All materials submitted will become the property of WillGo and will not be returned. 

Accuracy, Guarantees, Warranties, & Representations - WillGo will make every effort to input and maintain submitted data as accurately as possible. Under no circumstances, however, can WillGo guarantee, warrant or otherwise make any assurances whatsoever expressed or implied regarding the accuracy of the data in the database, or the merchantability, quality or actual condition of the equipment. WillGo relies entirely on the honest submissions of the Listers and due diligence of those Listers to review their database submissions regularly to insure their integrity. All representations of information in the database are the direct and complete responsibility of the Lister. All information presented by WillGo is subject to change without notice at any time.

Updating - WillGo will make reasonable faith efforts to maintain and update the database information on a timely basis. The final responsibility, however, for the quality and frequency of those updates, remains with the Lister. Registered sellers may update their listings 24/7 using the WillGo home page link, "Update Sale Listings".  Individual submissions will remain active in the system until updated or deleted by the Lister, or for a period of about 90 days after submission if no update is offered.

Types of Equipment - WillGo's National Trailer Inventory Program is principally focused on listing dry vans, flatbeds, and refrigerated (reefer) trailers of all types.  We do not currently list livestock trailers, boat trailers or other highly specialized vehicles.  WillGo is solely and exclusively responsible for determining what submissions, equipment types and relevant information will be listed in the inventory.

Standard Trade Terms - Listers are urged to submit only equipment that meets minimum industry "Standard Trade Terms." For the purposes of this program Standard Trade Terms for highway grade trailers shall include but is not limited to 50% minimum of original tire tread and brake pad depth, water tight and lockable, all damages properly repaired, no holes in or delaminations of the floors, safe and roadable, able to pass a current FHWA. For storage trailers and containers this generally means "water tight and lockable" with all structural damages repaired. Exceptions to these terms (specifically any deficiencies) should be clearly noted on the listing submission. Failure to provide and maintain these standards and properly note exceptions may result in the Lister's termination from the program.

Price Listing - WillGo will add the appropriate listing/brokerage fee to prices submitted by the Lister.  The resulting total is then entered into the Inventory database. This amount represents WillGo's finder's fee in consideration of its service in providing a buyer to the Lister. By signing below the Lister specifically agrees to payment of the finders fee to WillGo as previously stated under "General Description" herein. This fee will apply to equipment sold in the initial transaction and any and all other trailers or containers sold, leased, financed or otherwise conveyed to that buyer for a period of six (6) months following the date of the most recent sale concluded as a result of the involvement of WillGo. When buying for its own account, the finder's fee to WillGo will not apply. A Lister's failure to compensate WillGo as specified will result in permanent and absolute termination from the program.

Other Costs - Other than the finder's fee described above, there are no costs to the Lister for entering or maintaining data in this program. All other costs for development, maintenance and advertising of the database and internet web site will be paid by WillGo.

Back Solicitation - Under  no circumstances does WillGo engage in "Back Solicitation" or attempts to "Go Around" listing sellers in any way.  Similarly, WillGo reserves the right to terminate the participation of any listers suspected of engaging in such practices.

Double Listings - In the event that we identify duplicate listings of the same equipment in the Inventory database, in whole or in part, WillGo reserves the right at its sole discretion to eliminate any and all duplications in favor of the listing by the beneficial owner of the equipment or the owner's designated sales representative.  In most cases this is easily determined by using the lowest listed sales price.

Indemnification - Lister agrees to indemnify, defend and hold WillGo harmless from and against any and all loss or liability (including reasonable attorney's fees) for injuries or damages suffered by any person or property as a result either directly or indirectly of information or equipment listed on the Lister's behalf in this program.

Taxes - Unless otherwise noted, new equipment prices listed in the database include applicable FET for wheeled vehicles. No other applicable sales and/or use taxes are included and remain the responsibility of the buyer and or seller. The Lister specifically agrees to indemnify, defend and hold WillGo harmless from and against any liability or responsibility for sales or use taxes of any kind due and payable now or in the future as a result of these sales transactions.

Delivery - Prices listed in the database are FOB the current location of the equipment as indicated by the Lister unless otherwise noted. Delivery charges are separate and remain to be agreed on a case by case basis by the parties.

Amendments - WillGo reserves the right to modify and amend the terms and conditions of participation in the National Trailer and Container Inventory as it sees fit and at its sole discretion from time to time. These terms and conditions constitute the entirety of the agreement between the parties and are binding on all successors and assigns. WillGo may assign this agreement to a third party at any time.

Term - This agreement will remain in effect until otherwise changed in writing.

Jurisdiction - The terms of this agreement are to be governed and constued in accorcance with the laws of the Commonwealth of Virginia. The Lister waives their rights to a change of venue for settlement of all disputes.

Revised 10/2002