Standard Terms and Conditions I US and Canada


Exclusivity
No territorial protection or exclusivity of any kind is granted by this agreement. Once adequate performance, as determined by Aftermarket Parts, Inc. is exhibited by the distributor, an exclusive territory may be requested. However, the granting of an exclusive territory, shall be at the sole discretion of Aftermarket Parts, Inc., must be evidenced in writing, and executed by an authorized corporate officer of Aftermarket Parts, Inc.

Termination
Two consecutive months of account inactivity relinquishes all rights and privileges granted in this agreement. This application and agreement may be terminated for any reason at any time by Aftermarket Parts, Inc. and/or the distributor. Any outstanding balance due Aftermarket Parts, Inc. including, but not limited to, finance charges, costs, and fees shall be due immediately upon such termination. Refusal to update credit information could result in the cancellation of your account.

Prices
Appropriate pricing information may be provided once this applicant is approved by Aftermarket Parts, Inc. as a distributor. All merchandise will be invoiced at the price in effect at the time of shipment. Prices are subject to change without notice.

Special Orders
These are orders placed for items which Aftermarket Parts, Inc. does not stock and may buy in order to sell to the distributor. No special order can be cancelled. No parts from a special order can be returned. Freight in to Aftermarket Parts and out to a distributor will be billed to the distributor.

Returns
Only Aftermarket Parts, Inc. stocking items will be considered for return. All returns must be pre-authorized with our return materials authorization (RMA) number before being shipped. Special order items and non-stocking parts are not returnable. All returns are subject to a restocking charge. Returned items must be unused, and in new, sellable condition. 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. All return shipments must be prepaid to Aftermarket Parts, Inc., 150 Market St, New Bern, NC 28560.

Freight and Shipping
Orders qualify for prepaid (free) freight once order has exceeded minimum amount per destination. Destination must be a commercial location and have off-loading capabilities or charge backs may occur.

1. Minimum dollar amount of AMP Prime Items* by destination.

      Continental US, East of the Mississippi River = $1,000.00

      Continental US, West of the Mississippi River = $1,500.00

      Canada = $2,000.00

2. *AMP Prime Items include stocking items as confirmed by Aftermarket Parts, Inc. which excludes large pumps, seats, some mufflers and a few other large parts. Non-Prime items can be added to prepaid orders that meet minimums, and will ship with those orders.

3. For prepaid, free freight, orders, carriers will be designated by Aftermarket Parts, Inc.

4. For orders that do not qualify for prepaid, free freight, carriers will be designated by Aftermarket Parts, Inc. unless otherwise specified by the distributor. The distributor will be responsible for these freight charges.

5. Aftermarket Parts, Inc. reserves the right to decline any request for direct shipment (order shipped to locations other than those approved on your application.)

6. Backordered items will be shipped upon receipt once the distributor has been notified, freight will be charged on this shipment.

Damage and Transit Losses
The responsibility of Aftermarket Parts, Inc. ceases at the moment shipments have been accepted by a common carrier. Insurance is the distributor’s responsibility. Any loss or damage must be reported at time of delivery to the carrier and notice must also be given to Aftermarket Parts, Inc. to file the claim. Keep all damaged boxes and take pictures before opening if possible. Invoice payment must not be withheld pending the outcome of any claim.

Business Structure
Aftermarket Parts, Inc. must be notified in writing of any change in your business structure, including any change in name, ownership, and/or your form of operations.

Terms
If open account status is established, the entire balance is due and payable in full by the tenth of the month following that of purchase.

Invoicing
A priced packing slip will accompany every order unless otherwise requested. Invoices are emailed daily or mailed weekly to match each packing slip.

Statements
We send a monthly statement detailing each outstanding transaction. We strive to send this on the first business day of each month. Remittance Advice or a copy of the statement explaining your payment needs to accompany payment.

Finance Policy
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."

Errors
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."

Litigation
If your account is referred to an attorney for collection because of your noncompliance with the terms of this agreement, you as the buyer of parts from Aftermarket Parts, Inc. hereby agree to pay all costs and expenses incurred by Aftermarket Parts, Inc., including, but not limited to, the payment of reasonable attorney’s fees.

Warranty
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 part is returned, freight prepaid, 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, 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.

Any "brand name" or other item distributed by Aftermarket Parts, Inc. but warranted by its manufacturer will be adjusted or warranted at the sole discretion and convenience of that manufacturer. Aftermarket Parts, Inc. assumes no liability whatever for the performance or any other characteristic of such an item.

This warranty and the obligations and liabilities of the Company hereunder are exclusive and in lieu of all other warranties, expressed, or implied, including any implied warranty or guarantee of merchantability or 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 from 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.

Activity
An initial order of sufficient size (as determined by Aftermarket Parts, Inc.) to service your market may be required. Thereafter, business of a magnitude deemed sufficient as determined by Aftermarket Parts, Inc. in its sole discretion, will be required for this agreement to remain in effect.



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