Standard Terms and Conditions I International
No territorial protection or exclusivity of any kind is granted by this agreement.
Three consective months of account inactivity, relinquishes all rights and privileges granted in this agreement. Either party may terminate this contract and agreement for any reason at any time by written notice.
Appropriate pricing information will be provided upon approval by Aftermarket Parts, Inc. of this agreement. Quoted availability is subject to change prior to sale. Prices are quoted as EXW (Ex Works) — New Bern, North Carolina, USA. All merchandise will be invoiced at the price in effect at the time of shipment. All prices are in U.S. Dollars and prices are subject to change without notice unless otherwise specified.
Special ordered parts cannot be cancelled or returned. Payment in full is required on all special order parts before they are placed on order.
All returns must be authorized with our return materials authorization (RMA) number prior to return. All returns are subject to a restocking charge. Returned items must be unused, and in new and saleable condition. A copy of the original purchase invoice must accompany all returned items. Items returned within (30) days after date of purchase will be credited less 15% of purchase price. Items returned thirty one (31) to sixty (60) days after date of purchase will be credited less 30% of purchase price. No credit will be allowed on items returned after sixty (60) days from the date of purchase. Purchaser is responsible for all freight, insurance, customs, and broker charges on return shipments. Parts must be returned to: Aftermarket Parts, Inc.; 150 Market St.; New Bern, NC 28560; USA.
Backorders generated from a shipment will be held for shipment with the Purchaser’s next order unless you specified other arrangements.
All prices are quoted as EXW (Ex Works) New Bern, NC, USA. Therefore, you are responsible for all freight, insurance, clearance, duties and taxes that will be incurred on this shipment. Because as the Purchaser, you are responsible for the freight charges, you have the choice of the following:
1. Designate a freight forwarder or air carrier with whom you have an account so that all freight charges will be incurred by you. You can then ask your carrier to contact us when they are ready to pickup the shipment from our loading dock.
2. Allow us to choose a carrier for you. If this is the case, we will need payment of all freight charges included with your wire transfer when you pay for the parts. After freight payment is received, the freight will be delivered to a major airport to be designated by you and consigned to your broker for them to arrange customs clearance.
Broker and/or Freight Forwarder will need to be indicated on each Purchase Order. Purchaser MUST designate a broker for each shipment.
The responsibility of Aftermarket Parts, Inc. ceases when shipments have been accepted by the carrier. Insurance for shipment is Purchaser’s responsibility.
Payment must be received in full before any orders will be released. All payments will be made by wire transfer to our bank. All payments are to be in U.S. Dollars. Appropriate bank information for wire transfer is provided. .
A priced packing slip will accompany every order. An invoice will be emailed for each shipment.
If you feel there has been an error, you must notify Aftermarket Parts, Inc. in writing within 30 days of the date of the shipment in question or you may not allege the error or problem. Any dispute or controversy arising out of this contract, including the sale of merchandise or the furnishing of services, shall be determined by the laws of the state of North Carolina, USA.
A 1.5% per month (18% annual percentage rate) finance charge will be applied to all past due balances which have not been paid by the end of the month following that of purchase. All buying privileges may be terminated by Aftermarket Parts, Inc. if any past due balance exists.
Return Check Policy
Once a check is returned, future shipments will be made "Cash in Advance" or "Certified Funds Only."
If you feel there has been an error in your billing or with the parts purchased, you must notify Aftermarket Parts, Inc. in writing within 30 days of the date of the invoice in question. You hereby agree that if you do not so notify Aftermarket Parts, Inc., then you may not allege the error or problem as a defense or counterclaim in any subsequent legal action. Any dispute or controversy arising out of this contract, including the sale of merchandise or the furnishing of services, shall be determined by the laws of the state of North Carolina."
Aftermarket Parts, Inc., (hereinafter referred to as the "Company") warrants to the original purchaser that parts warranted by it shall be free from defects in material and workmanship under normal use for 180 days from the date of retail sale. The Company’s sole obligation under this warranty is limited, at the Company’s option, to replacement of the part at no charge or an extension of credit for the cost of the part, provided that the return is pre-authorized and that the part is returned, prepaid including freight, customs and broker charges, to the Company and determined by the Company to be defective in material or workmanship. This warranty shall not apply to any part which has been subject to negligence, an accident or misuse, misapplication, improper installation or maintenance, or which has been repaired or altered in any way which in the judgment of the Company would impair the performance of the part.
Any claims arising out of this warranty must be made in writing to Aftermarket Parts, Inc. within 30 days of the part (s) failure; But in no instance, more than 210 days after the original purchase.
This warranty and the obligations and liabilities of the Company hereunder are exclusive an in lieu of all warranties, expressed, or implied, including any implied warranty or guaranty of merchantability of fitness for a particular purpose, and is also in lieu of all other obligations or liabilities of the company, including any obligation or liability arising for contract, tort or otherwise for damages, whether direct, indirect or consequential. The foregoing warranty states the company’s entire and exclusive remedy for any claim of damages in connection with the sale of the Company’s parts. Except as expressly provided hereinabove, there are no other warranties, expressed or implied, made by the Company and the Company neither assumes nor authorizes any other person or firm to assume for it any other obligation or liability in connection with the sale of its parts.
Said warranty to apply to the defective part only and will not cover secondary parts damage, labor, travel time or mileage.