TERMS AND CONDITIONS
All references to original equipment manufacturers, their trade names, and their part numbers are used for identification purposes only. It is not our intention to imply that the merchandise is original equipment.
PAYMENT POLICY: All purchase orders are subject to the terms and conditions herein. A minimum order of $10.00 is required. Interest of one and a half percent (1 1/2 %) monthly will be assessed on all accounts which remain unpaid after thirty (30) days of the shipment date and no future orders will be accepted without payment in full. A $25.00 service fee shall be assessed for any returned check. In the event of failure to timely pay, Buyer shall be responsible for all of Seller’s collection costs, including attorneys’ fees and court costs.
SHIPPING: Every effort shall be made to ship in-stock parts within one (1) business day of receipt of order. Buyer will be notified if an item is out of stock. Out of stock items will be shipped and billed separately. Parts and engine orders will be shipped via UPS or other carrier of Seller’s choice. Damaged or missing parts must be reported at time of delivery. Damaged or incomplete shipments must be noted by delivery driver on bill of lading. Buyer is responsible for making any and all claims against freight carrier.
TAXES: Illinois sales tax will be charged to all orders placed by Buyer’s located in the state of Illinois. For Buyer’s located outside of Illinois all prices are exclusive of federal, state, local, and other excise, sales, use, property, transportation, occupational, and other taxes which Buyer shall be responsible for paying.
RETURN POLICY: A return authorization number (RA#) is required for each returned item. Returns will be accepted in original unused condition within thirty (30) days of delivery. In the event an item is returned Buyer shall be responsible for all shipping expenses and a restocking fee of 20% of the purchase price. If Seller has made an error by shipping the wrong part Seller’s error will be corrected upon notification and Seller will cover all shipping expenses associated with the error.
MANUFACTURER’S LIMITED WARRANTY: Except as otherwise provided herein all new parts and engines are warranted by the manufacturer for ninety (90) days from the date of delivery for manufacturing defects in material and workmanship only. This warranty does not cover damage or failure caused by Buyer’s or a third party’s neglect, misuse or abuse, dirt ingestion, fuel gumming, low, incorrect or dirty oil, over speeding of engine RPM, improper air filter maintenance, improper engine mounting, faulty electrical hookup of any kind, impact or rollover damage or any fuel leakage of any kind resulting in fire. UNDER NO CIRCUMSTANCES SHALL THE SELLER BE SUBJECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR CONTINGENT DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY OF LAW, ALL SUCH DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED.
LIMITATION OF REMEDY: If any product has a manufacturing defect in material or workmanship as mentioned above, the defective product shall be repaired or replaced at no cost to Buyer. IN NO EVENT, BE IT A BREACH OF THE WARRANTY MADE IN CONNECTION WITH THIS AGREEMENT, THE NEGLIGENCE OF THE SELLER, OR ANY OTHER CAUSE ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF THE PRODUCT SOLD HEREUNDER SHALL SELLER BE OBLIGATED OR LIABLE TO BUYER IN ANY MANNER FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, OR SUITS BY THIRD PARTIES.
NO WAIVER. The failure Seller to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as waiving any terms and conditions, but such terms and conditions shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
VENUE AND GOVERNING LAW: This Agreement shall be governed and construed by the laws of the State of Illinois. The parties specifically intend that the provisions of Article 2 of the Illinois Uniform Commercial Code will control as to all aspects of this Agreement and its interpretations, and that all definitions contained in the Illinois Uniform Commercial Code will apply to this Agreement except where this Agreement may expressly provide otherwise. Winnebago County, Illinois shall be the exclusive venue for any and all disputes arising in relation to this Agreement.
MISCELLANEOUS PROVISIONS: If any term or provision of this Agreement is held invalid, the remaining terms and conditions shall not be thereby affected. This contract can only be modified or rescinded by the written agreement of both parties. This Agreement contains the ENTIRE AGREEMENT between the parties hereto.