STANDARD TERMS AND CONDITIONS
The terms and conditions of this form constitute the entire agreement between the parties. All sales of European Auto Service Parts (seller) are expressly conditioned under the conditions set forth below (The terms), which are the only Terms of this sale and supersede all prior negotiations, correspondence and statements. These Terms may in some instances conflict with those affixed to Buyer’s purchase order or other order, if so, such terms not in conformance with these Terms are rejected and these Terms govern. Acceptance of Buyer’s order is expressly conditioned upon Buyer’s acceptance of or assent to these Terms which shall be established by a written acknowledgement, by implication, or by acceptance of payment for products ordered hereunder. Seller’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these Terms. Any changes in these Terms must specifically be agreed to in writing and signed by an officer of Seller before becoming binding. Retention by Buyer of any product sold hereunder shall be conclusively deemed acceptance of these terms.
All shipments are made F.O.B. seller’s shipping point unless otherwise specified. Seller selects the carrier. Title to products and risk of loss are passed to Buyer upon delivery of the products by Seller to carrier or delivery service. Buyer assumes all risk of loss in shipping and all liability for loss or damages, whether direct, indirect, and consequential or otherwise, due to delays once the products have been delivered to the carrier. Buyer agrees to purchase any and all insurance it deems necessary to indemnify it against any loss in shipping.
Seller shall not be responsible for loss or damage, delay or failure with respect to the products if any due to or arising from storage of raw materials, fires, labor troubles of any kind, accidents, breakdown of machinery, government acts of any kind, failure of manufacturers, subcontractors or suppliers to deliver materials or supplies or to provide services as agreed or contemplated by past dealings, transportation difficulties of any kind, acts of God, acts of Buyer or anything reasonably beyond Seller’s control, whether or not presently occurring or contemplated by either party. Seller shall not be liable for damages, general, consequential or otherwise, or for failure to give notice of any delay until it shall have such additional time within which to deliver the products as may be reasonably necessary under the circumstances and shall have the right to apportion its inventory among its customers in such a manner as it considers acceptable. Seller shall also have the right to deliver the products in installments. 3-1) some brands e.g. SPAL and a few others may not ship same day. Depending on schedules it may take 48 Hours after orders are in.
A 25% restocking fee and FREIGHT charge will be assessed to all refused shippments. Note we can not refund any shipping charges forward or backwards.
4) Exclusion of Warranties.
Seller assigns to its Customers those warranties and only those warranties extended by its vendors and or manufacturers. Seller does not itself warrants any product and sells only on as is basis. SELLER DOES NOT MANUFACTURE THE PRODUCTS THAT IT SELLS AND AS SUCH CANNOT ASSUME RESPONSEABILITY THAT MAY ARISE DUE TO DEFECTS OR MISSUSE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL THE SELLER BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ITS OWN NEGLIGENCE OR FAULT. SELLER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY ANY PARTS OR PRODUCT.
Seller shall be responsible only for refunds on products sold only if Seller determines that the product was not PREVIOUSLY INSTALLED OR DAMAGED in anyway and it is limited only to products that are Non Hydraulic, non electrical or electronic in nature and or rubber such as belts or Tires.
6) NO REFUNDS ARE GIVEN ON ELECTRIC AND OR ELECTRONIC PARTS/EQUIPMENT, ENGINES, GEAR BOXES, MANUAL OR AUTOMATIC Gearboxes, HYDRAULIC PUPMPS and SPECIAL ORDER PARTS.
7) HIGH PERFORMANCE WARRANTY DISCLAIMER: Due to the intended use of high performance parts, they are sold WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE PURPOSE. Installation of parts intended for “Off highway use” could adversely affect the vehicle manufacturer’s warranty coverage.
8) RETURNS: No returns will be accepted without PRIOR AUTHORIZATION. All requests for returns must have the following: original invoice. REASON FOR RETURN and PREPAID FREIGHT if not brought to store in person. Merchandise will be inspected and if manufacturing is defective full credit minus 20% AND OR SHIPPING COSTS will be returned.
9) REFUSED SHIPPMENTS A 25% restocking fee and FREIGHT charges fowards and backwards will be assessed to all refused shipments. Note: we cannot refund any shipping charges assed by freight companies-forward or backwards.
10) DAMAGED GOODS
For any goods damaged by freight providers Please note: All claims for damaged items during shipping must have the following before shipping company pick up; 1) original box 2) original packaging material 3) Item with all parts and all damaged parts. We cannot replace any item that was damaged during shipping if it is not returned with the above mentioned. A Credit Card to secure replacement item must be signed and eMail to us prior to shipping replacement. No charge will be assessed unless parts 1, 2 and 3 are not met.
11) Ordering via phone call, text or email
You may order by calling-contacting us. In doing so we will enter in our systems you personal data e.g. payment and billing information in order to process your request. A Paid invoice will be included with your shippment and or emailed to you incluiding these terms & conditions. When placing your order by contacting us, you may be asked to see our eCommerce site to view and agree to these terms before completing your order. We may understand that you have previously seen these terms before calling in. Please be aware that due to the lenght of this form it may not be prudent to keep you on the phone for extended periods of time.
Please note that if you or anyone in your company initiates a claim (ie “Unauthorized Charge”) after a valid purchase is made and delivered and your financial institution refuses to decide in our behalf then we can and will pursue legal means to collect the full purchase amount and any fees incured by merchant services.
We use a merchant service and or Pay Pal for purchases made on our eCommerce site. All payments are due at the time of purchase and before any shipment is processed.
For those customers who have applied for an account with us, i.e., 10 or 15 days’ net payments must be in our office within that time, there is a 3 days’ grace period but we do expect to receive the payment before the end of the term.
All new term accounts must have a credit card on file for security porpoises.
Any payments not received are subject to a finance charge. (Rate is 18% per YEAR or min US$25.00 per month until PAID in full). We thank you for your business and your understanding. Returned checks, a service fee of $45.00 is assessed in addition to bank fees plus the $25.00 late charge.