PartsQuick Terms of Sale |
Terms and Conditions
The use of this
site is governed by the policies,
terms and conditions set forth
below. Please read them carefully.
By using this site, you agree
to these terms of use. If you
do not agree to these terms,
you may not use this site. We
reserve the right, at any time,
to modify, alter, or update
these Terms of Use, and you
agree to be bound by such modifications,
alterations, or updates.
Typographical
Errors
In the event a product is listed
at an incorrect price due to
a typographical error or an
error in pricing information
received from our suppliers,
PartsQuick.com shall have the
right to refuse, cancel or substitute
any orders placed for product
listed at the incorrect price.
PartsQuick.com shall have the
right to refuse or cancel any
such orders whether or not the
order has been confirmed.
Copyright
Everything found at PartsQuick.com
is copyrighted (unless otherwise
noted) and may not be used except
with our express written consent.
Use of our HTML, images, and
or ideas and concepts by you
or other third parties for purposes
other than those expressed or
implied is strictly prohibited
and may violate the copyright
laws, trademark laws, privacy
laws and other laws and regulations.
Nothing contained on this site
may be construed as granting
any license or right to use
any of our trademarks or service
marks without our prior written
consent.
Trademarks
All trademarks, service marks,
and trade names (collectively
the "marks") that
appear on our site are proprietary
to PartsQuick.com, or other
respective owners that have
granted PartsQuick.com, the
right and license to use such
marks.
Disclaimer
All information, services, products,
and materials contained in this
site, including text, graphics,
and links, are provided on an
"as is" basis with
no warranty. To the maximum
extent permitted by law, PartsQuick.com,
disclaims all representations
and warranties, expressed or
implied, with respect to such
information, services, products,
and materials, including but
not limited to warranties of
merchantability, fitness for
a particular purpose, title,
non-infringement, freedom from
computer virus, and implied
warranties arising from course
of dealing or course of performance.
In addition, PartsQuick.com
does not represent or warrant
that the information accessible
via this site is accurate, complete
or current. Price and availability
information is subject to change
without notice.
Order Acceptance
The receipt of an e-mail order
confirmation does not constitute
the acceptance of an order or
a confirmation of an offer to
sell. PartsQuick.com, reserves
the right, without prior notification,
to limit the order quantity
on any item and/or refuse service
to any customer. Verification
of information may be required
prior to the acceptance of any
order.
Limitation of
Liability
PartsQuick.com, will not be
liable for any direct, indirect,
special, punitive, incidental,
exemplary or consequential damages,
or any damages whatsoever, even
if PartsQuick.com, has been
previously advised of the possibility
of such damages, whether in
an action under contract, negligence,
or any other theory, arising
out of or in connection with
the use, inability to use, or
performance of the information,
services, products, and materials
available from this site. These
limitations will apply notwithstanding
to any failure of essential
purpose of any limited remedy.
Because some jurisdictions do
not allow limitations on how
long an implied warranty lasts,
or the exclusion or limitation
of liability for consequential
or incidental damages, the above
limitations may not apply to
you.
External Sites
This site may include links
to other sites on the Internet
that are owned and operated
by third party vendors and other
third parties (the "external
sites"). You agree that
PartsQuick.com is not responsible
for the availability of, or
the content located on or through,
any external site. You should
contact the site administrator
or Webmaster for those external
sites if you have any concerns
regarding such links or the
content located on such external
sites.
1. Conditions
of Sale
By accepting PartsQuick.com's merchandise,
it is agreed that in case suit
or action is instituted to collect
any amounts due, purchaser shall
pay reasonable attorney's fees
such as the court may award,
and costs of suit. In addition,
the parties hereto agree that
all rights and obligations of
the parties hereto (with the
exception of warranty claims
which shall be governed by PartsQuick.com's
Warranty Agreement in section
8. below) shall be governed
by the Uniform Commercial Code
as enacted and enforced in the
State of California on the date
of said invoice, and that any
dispute concerning this invoice
must be resolved in an action
brought in any court in the
County of Orange, State of California,
having jurisdiction in the matter.
Should the dispute involve more
than one invoice, the same conditions
apply for the entire account.
As the law allows, a service
charge of 1.5% per month (18%
annum) may be charged on all
past due balances. Regular open
account terms are Net 10th Prox.
Payment for merchandise invoiced
during the current billing period
is due the 10th the following
month. The terms of orders shipped
are F.O.B. PartsQuick.com's warehouses
and may change at the discretion
of PartsQuick.com at any time.
2. Freight
PartsQuick.com has a generous freight
pre-paid policy. Please ask
your salesperson for the minimum
amounts for your area. These
limits are subject to change
without notice. All orders will
be shipped "best way"
unless previous arrangements
are made between PartsQuick.com and
the buyer. Whenever possible,
orders will be shipped the same
day as they are placed.
3. Refused Shipments
Refused shipments are subject
to a minimum of 15% handling
charge in addition to freight
charges.
4. Shipping Claims
In the unlikely event packages
arrive damaged, claims should
be made directly to the carrier.
Every assistance in making such
claims will be provided. Any
errors; i.e., mis-shipments,
etc., must be brought to our
attention within five (5) working
days from receipt of merchandise.
Claims on errors not reported
within five (5) working days
from receipt of merchandise
may not be honored.
5. Prices
Our prices are subject to a
number of variables including
freight costs and foreign currency
fluctuations among others, and
are subject to change without
notice.
6. Returns
PartsQuick.com will not accept unauthorized
returns. If you have merchandise
that must be returned, please
tell your sales representative
exactly what needs to be returned.
You will be given a Return Authorization
number (R.A.), which must appear
on the outside of each package
being returned. The actual merchandise
returned must agree with the
list given to your sales representative.
Any unauthorized merchandise
accompanying an authorized return
will be shipped back to the
customer (at customer's expense)
or scrapped at our discretion.
Returns sent freight collect
are not allowed and will be
refused at PartsQuick.com's door.
Customers who ship returns freight
collect will be charged back
the freight bill to their accounts.
Returns without a Return Authorization
(R.A.) number on the outside
of the package will be refused
at the door by PartsQuick.com Credit
issued for C.O.D. customers
will be deducted from future
purchases unless a check is
requested. Credit issued for
open accounts will appear on
your next statement. Items returned
in an unsaleable condition will
not be honored for credit and
will be returned to the customer
(at the customer's expense)
or scrapped at their discretion.
Returns with damaged packaging
may be assessed a re-boxing
fee. Returns are subject to
a minimum 15% handling charge.
Returns for electrical or fuel
injection parts will not be
accepted except for warranty
returns. Returns for accessories
will not be accepted except
for warranty returns with the
final disposition to be determined
by the manufacturer. Returns
for special order items and
obsolete items are not allowed.
Items no longer stocked by PartsQuick.com
are not returnable.
7. Exchange Unit
Cores
All cores being returned must
be shipped freight pre-paid.
Return procedures are the same
as detailed above. Cores are
examined upon receipt. Cores
missing parts or missing portions
of the core, will be subject
to charges for the missing or
damaged parts. All cores must
be returned in rebuildable condition
to receive full credit. All
cores must be returned in the
box from which it was purchased.
Cores received in unacceptable
boxes will be charged a re-boxing
fee. Unusable cores will be
returned to the customer (at
the customer's expense) or scrapped
at our discretion.
8. Warranty
PartsQuick.com warrants that parts
sold by us will be free from
defects in material and workmanship,
and suitable for a specific
purpose. Warranty claims will
not be honored for items, which
have been subject to unauthorized
use, improper installation,
alteration from original specifications,
or improper maintenance. Items,
which have failed due to failure
of other related parts not sold
by PartsQuick.com, will not be warranted.
Warranty claims will only be
honored if the returned part
was purchased from PartsQuick.com
Warranty claims must be accompanied
by proper documentation of both
initial installation and subsequent
replacement work orders with
a copy of our invoice showing
purchase date and part number.
PartsQuick.com agrees to furnish a
replacement for any product
or component (except electrical
components) which, within six
(6) months from date of sale,
or 6,000 miles (whichever comes
first), shall upon test and
examination by PartsQuick.com and
its suppliers prove defective
within the above warranty with
the exception of manufacturers'
warranties. Warranty policies
vary within product groups by
vendor. Any questions relating
to warranty policies on specific
items should be directed to
your salesperson. PartsQuick.com will
not be liable for any loss,
damage, or consequential damages
of any kind arising in connection
with the sale, use or repair
of products purchased from us.
Denied warranties from PartsQuick.com's
manufacturer may be returned
to PartsQuick.com and you will be
further notified for return
and/or scrap instructions. Credits
already issued for denied warranties
will be reversed on your account.
A handling charge may be assessed
on warranty claims proven to
be unfounded by PartsQuick.com and
its suppliers. All warranties
are to be returned to our Anaheim
warehouse, unless otherwise
instructed. All warranty claims
for all parts must be accompanied
with copies of the original
and replacement work orders.
The work orders must show: 1)
Date and mileage of original
installation; 2) Date and mileage
of replacement; 3) Serial number
of the car; 4) Make and model
and 5) Description of defect
(the word "defective"
is not acceptable). Warranty
returns will be returned to
the customer (at the customer's
expense) if proper documentation
is not supplied.
Billing and Late
Charges
Payment on all orders is due
10th Prox defined as the 10th
of the month following the billing
period in which the merchandise
you purchased was invoiced.
If Buyer fails to make payment
when due, Buyer may be charged
a late fee on the unpaid balance
at the end of each month at
the highest rate of interest
permitted by law, but in no
event in excess of a rate of
1.5% per month.
Purchase Agreement
In order to induce PartsQuick.com
and its affiliates to sell goods
and extend credit to the above
named company, all at the discretion
of Seller, the undersigned (a)
hereby certifies to the accuracy
of these statements set forth
in this application, (b) agrees
to pay the late charges set
forth above and all collection
costs and attorney's fees, (c)
waives trial by jury, and (d)
hereby grants a security interest
to such seller in all goods
that it has sold or may sell
to the undersigned and the proceeds
thereof, as collateral security
for the payment of all of the
undersigned's obligations, presently
existing or hereafter arising,
to such seller.
This information
is submitted for the purpose
of inducing you to extend credit
to the undersigned and the information
is true and correct to the best
of our knowledge and belief,
and you may rely on it. The
undersigned authorizes you to
inquire of and acquire from
our bank or any other creditor,
past or present information
pertaining to our financial
condition, reputation, or other
information, as you may deem
necessary. We will hold you
harmless from all claims and
liabilities, which may arise
from your inquiries.
For value received
and other good and valuable
consideration, I do hereby personally
guarantee the full and punctual
payment to the above named company
or its affiliated companies,
of all indebtedness incurred
or which may be incurred for
the purchase of merchandise
from you. The liability of the
undersigned hereunder shall
not be affected by the amount
of credit extended hereunder,
nor by any change in the form
of said indebtedness by note
or otherwise, nor by extension
or renewal thereof. Notice of
acceptance of this guarantee,
or extension of credit hereunder,
of default in payment, in change
in form of renewal or extension
of said indebtedness, or of
any matter with respect hereto,
is expressly waived. This guarantee
shall continue in full force
and effect until such time as
you shall receive from the undersigned
written notice of revocation,
and such revocation shall not
in any way relieve the undersigned
from liability from any indebtedness
incurred prior to the receipt
by you of said notice. The obligations
of this guarantee shall be joint
and several.
It is agreed that
in case suit or action is instituted
in court to collect any amounts
due Seller from Buyer, Buyer
agrees to pay all collection
costs including all Attorney's
fees and court costs. In addition,
the parties hereto agree that
all rights and obligations of
the parties hereto shall be
governed by the Uniform Commercial
Code as enacted and enforced
in the State of California on
the date of said invoice, and
that any dispute concerning
this invoice must be resolved
in an action brought in any
court in the County.
All Terms and
Conditions Are Subject to Change
At Any Time.
|
|
|