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SaveEpc.com
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, SaveEpc.com
shall have the right to refuse, cancel or substitute any orders placed for product
listed at the incorrect price. SaveEpc.com shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed.
Copyright
Everything found at SaveEpc.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 SaveEpc.com, or other respective
owners that have granted SaveEpc.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, SaveEpc.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, SaveEpc.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. SaveEpc.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
SaveEpc.com, will not be liable for any direct, indirect, special, punitive,
incidental, exemplary or consequential damages, or any damages whatsoever, even
if SaveEpc.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 SaveEpc.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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