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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, 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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