WEBSITE TERMS & CONDITIONS
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS IN THE USE OF THIS WEBSITE, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. General.
The Website Terms and Conditions contained herein (referred to herein as the “Terms and Conditions”) apply to the purchase and sale of products through http://www.rightparts.com. (referred to herein as the “website”).
This website and its contents are the property of Aftermarket Parts, Inc. and/or its subsidiaries, affiliates or assigns (referred to herein as “us” or “we”). The web address is http://www.rightparts.com. The mailing address for Aftermarket Parts, Inc. is 150 Market Street, New Bern, NC 28560 USA.
2. Acceptance of Website Terms and Conditions.
This website may only be used by authorized users as defined herein. If you are a distributor in good standing under an agreement with Aftermarket Parts, Inc., you are an authorized user of this website. Notwithstanding any other provisions in these Terms and Conditions, any use or attempted use of this website by someone who is not an authorized user shall be null and void.
By placing an order for products using this website, you agree to be bound by and accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not obtain products from this website. These Terms and Conditions are subject to change by us without prior notice at any time, in our sole discretion. The latest version of the Terms and Conditions will be posted on this website, and you should review these Terms and Conditions prior to purchasing any product and services that are available through this website or contact us directly with any questions. You should also carefully review our Privacy Policy before placing an order for goods or services through this website.
The site and its contents are protected, without limitation, pursuant to United States copyright and trademark laws. All content, graphics, code and software used on or incorporated into the website, and the arrangement or integration of all such content, graphics, code and software, are subject to any copyrights held by or licensed to Aftermarket Parts, Inc. and/or rightparts.com. Permission is granted to electronically copy and print hard copies of pages from this website solely for purposes related to the placement of an order on this website. Any other use of this website content or information contained in the website is strictly prohibited, unless the written permission of Aftermarket Parts, Inc. is first obtained.
3. Payment Terms. You are responsible for payment for all of your orders placed on the website in accordance with our standard payment policies in our Statement of Policy then in effect.
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4. Changes in Products and Pricing
We are constantly updating and revising our offerings of products, and we may discontinue products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our website.
We reserve the right, in our sole discretion, with or without notice, to modify, amend or correct these Terms and Conditions at any time ( including after an order has been submitted) without notice. The latest version of our Terms and Conditions is always posted at this website.
5. Advertising Disclaimer and Trademarks
We are not responsible for the accuracy of any descriptions furnished by our suppliers, nor are we responsible for typographical, pricing, product information, advertising or shipping errors. Manufacturers' names and part numbers used on the website are for reference purposes only. We do not suggest or imply that any item ordered is that of the original manufacturer.
All trademarks and registered trademarks relating to products available through this website are the sole property of their respective owners. “Rightparts.com” as well as page headers, custom graphics, buttons, images and other content on this website are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Aftermarket Parts, Inc. or in respect of which Aftermarket Parts, Inc. is protected or entitled to by operation of any law. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this website is strictly prohibited.
6. Disclaimer and Limitation of Liability
THIS WEBSITE, ANY INFORMATION AND DATA INCLUDED THEREIN AND AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR CORPORATE AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE USE OF THIS WEBSITE, THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES IS AUTHORIZED TO MODIFY THIS LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION™S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
IF WE ADD MORE DETAILS ON ANY WARRANTY OFFERED ON PRODUCTS PRODURCED BY AFTERMARKET, THIS SECTION WILL CHANGE.
7. Warranty
Certain of the products available through our website are covered under the manufacturer™s warranty, which is detailed in the product™s description. You understand that we do not operate or control the products or services offered by other manufacturers of the products offered on our website, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our website.
Certain of the products available through our website are covered under our warranty, which is detailed in the product™s description.
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You hereby agree to indemnify and hold us harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by us directly or indirectly by reason of any act or omission which you commit in breach of these Terms and Conditions.
8. Account Access.
We will give you access to your account with Aftermarket Parts, Inc. upon the execution of the written “Web User Application” and the “Agreement on Website Terms and Conditions” by your authorized employee or agent and returned to us. We will then provide user login(s) and temporary password(s). It is your responsibility to change and protect your password(s). You will have the ability to change your password(s) at anytime. Website access allows you to view availability and pricing along with creating quotes and placing orders. You can also check on sales orders, shipping status, and view back orders. Access to the Account Inquiry function, which allows you to check on and print invoices, check your statements and review current account status, is optional.
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9. Shipping Policy.
Shipping locations include your shipping address(es) and any drop ship location(s) listed on your account. New shipping addresses cannot be entered on the website. Drop ship addresses that have been added to your account from past and/or future orders can be viewed in the checkout section of the website. Shipping charges and availability are subject to change without notice. Prices are in US dollars and do not include shipping, taxes, custom charges or duties. Applicable shipping charges will be added to your order at time of invoicing.
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10. Privacy and Customer Information
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.
At any time you may update your customer account information by following the instructions posted elsewhere on this website. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
11. Service and Support
All requests for technical service and support with respect to the products and services available through our website should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products.
Should you have any other questions or concerns, you may contact us by e-mail at ________________ [e-mail address] or by mail at 150 Market Street, New Bern, NC 28560 USA. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
12. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
13. Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this website is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
14. Governing Law and Venue.
This website is controlled by us from our offices within the State of North Carolina, United States of America. By accessing this website you agree that the statutes and laws of the State of North Carolina, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this website and the purchase of products available through this website. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Craven County and the United States District Court for the Eastern District of North Carolina with respect to such matters.
