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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,
Saveparts.com shall have the right to refuse, cancel or substitute any
orders placed for product listed at the incorrect price. Saveparts.com
shall have the right to refuse or cancel any such orders whether or not
the order has been confirmed.
Copyright
Everything found at Saveparts.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 Saveparts.com, or other respective
owners that have granted Saveparts.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, Saveparts.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, Saveparts.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. Saveparts.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
Saveparts.com, will not be liable for any direct, indirect, special, punitive,
incidental, exemplary or consequential damages, or any damages whatsoever,
even if Saveparts.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 Saveparts.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 S.A.V.E.'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 S.A.V.E.'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. S.A.V.E.'s warehouses and may change
at the discretion of S.A.V.E. at any time.
2. Freight
S.A.V.E. 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 S.A.V.E. 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
S.A.V.E. 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 S.A.V.E.'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 S.A.V.E. 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 S.A.V.E. 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
S.A.V.E. 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 S.A.V.E., will not be warranted. Warranty claims
will only be honored if the returned part was purchased from S.A.V.E.
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. S.A.V.E. 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 S.A.V.E. 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. S.A.V.E. 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 S.A.V.E.'s
manufacturer may be returned to S.A.V.E. 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 S.A.V.E. 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 S.A.V.E. 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. |
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