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, EpiParts.com shall have the right to refuse, cancel or substitute any orders placed for product listed at the incorrect price. EpiParts.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

Copyright
Everything found at EpiParts.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 EpiParts.com, or other respective owners that have granted EpiParts.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, EpiParts.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, EpiParts.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. EpiParts.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
EpiParts.com, will not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if EpiParts.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 EpiParts.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 EPI'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 EPI'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. EPI's warehouses and may change at the discretion of EPI at any time.

2. Freight
EPI 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 EPI 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
EPI 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 EPI'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 EPI 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 EPI 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
EPI 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 EPI, will not be warranted. Warranty claims will only be honored if the returned part was purchased from EPI 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. EPI 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 EPI 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. EPI 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 EPI's manufacturer may be returned to EPI 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 EPI 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 EPI 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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