Terms & Conditions
1. GENERAL. The terms and conditions of the sales order outlined herein shall apply to the sale by Coast To Coast Auto Equipment INC (hereinafter referred to as the “Company”) of the items described on the Web Site CARLIFTPARTS.COM (hereinafter referred to as “Merchandise”) to Purchaser.
2. DELIVERY. Delivery shall be deemed to be complete when the Merchandise has been shipped. Shipments are subject to delays from causes or contingencies beyond the reasonable control of the Company. When otherwise not specified, shipments will be made in standard containers via carrier which in the best judgment of the Company will result in the most practical method. Title and right of possession will pass to the Purchaser upon receipt by the carrier at the shipping point. If a customer of the Company should specify specific carriers method of shipping (i.e. UPS Next Day Air) and that carrier does not perform to the customer’s expectations, freight credit to the customers account will not be issued unless the Company can first obtain credit from the carrier.
3. RISK OF LOSS. Identification of the Merchandise under Uniform Commercial Code (hereinafter referred to as “UCC”) Section 2-501 shall take place at the moment of shipment. Risk of loss shall pass to the Purchaser when the Merchandise has been shipped from the Company’s plant or designated ship from location.
4. TITLE. Title to the Merchandise will transfer to the Purchaser when the Merchandise is shipped from the Company’s plant or designated ship from location.
5. WARRANTIES. The Company guarantees its products to be free from defects in workmanship and raw materials for that period of time expressly provided for by the manufacturer of said product, but no less than 90 days on any Merchandise sold. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL WARRANTIES EXPRESS OR IMPLIED. COMPANY DOES NOT WARRANT THE MERCHANDISE IS MARKETABLE OR FIT FOR ANY PARTICULAR PRUPOSE. Company’s liability for breach of the terms of this Agreement, including any warranty, is limited to either refund of the invoice price of the Merchandise, or at Company’s option, replacement of the Merchandise free of charge, including shipping charges but not including the cost of labor. Purchaser has not relied on any statement or upon the conduct of the Company with respect to the prospective use of the Merchandise. Company shall not be liable for, and Purchaser waves any and all claims for any loss or damage, directly or indirectly, arising from the use of the Merchandise and for punitive, incidental or consequential damages, including but not limited to, damages to property, for loss of use, loss of time, loss of profit or loss of income. The Company does not authorize the sale of our products under any other warranty, expressed or implied.
6. SETOFF. All claims for money due or to become due from the Company shall be subject to deduction by the Company for any for any setoff or counterclaim arising out of this or any other claims of the Company or its affiliated companies, whether such setoff or counterclaim arose before or after any assignment by Purchaser.
7. INDEMNIFICATION. Purchaser agrees to indemnify the Company and hold it harmless against any and all claims, liability, loss, damage or expense, including reasonable counsel fees, arising from or by reason of any modifications or alterations made by Purchaser. If a Customer modifies or alters any part, in any manner whatsoever, or uses any part in departure from recommended performance specifications, said customer agrees to indemnify and hold harmless the Company from all liability and expenses based on damage to property or injury to or death of any person arising out of or attributed to such modified or altered part. FURTHER the Company will not accept any such altered or modified part for credit to customers account.
8. FREIGHT POLICY. Freight charges on individual orders are prepaid and added to invoice or collect F.O.B. shipping point. Note: Customers with C.O.D. terms are responsible for all carrier C.O.D. fees.
9. RETURN POLICY. To return parts for credit or inspection Purchaser must first contact the Company to obtain Return Goods Authorization number (RGA#). All parts must be returned freight prepaid and the shipment must include a letter of explanation giving the specific for return including details as to the condition under which the part or parts operated. Note: parts returned without RGA, freight collect or letter of explanation may be refused. Parts which have been used in way or manner, including installation or incorporation into other equipment, shall NOT be eligible for return with or without an RGA assigned.
10. RESTOCK CHARGE. Returns are subject up to a 25% (twenty five percent) restocking charge. Refusals are subject to the same restocking charge plus the cost of outbound and return freight charges and /or fees incurred by the Company due to shipment refusal.
11. PRICES AND PAYMENTS. All prices are subject to change without notice. All prices are F.O.B. shipping point. The Company standard terms are Payment in advance via, American Express, MC, Visa, Discover, Check or Cash. No parts will be shipped until payment in one of these forms has been received. In those cases when special orders are required, customer may be required to make a nonrefundable deposit. (In those rare cases where special orders cannot be obtained within 30 Calendar days Customer will be entitled to a deposit return equaling 80% (eighty percent) of money provided as a deposit.
12. INTERPRETATION. This sales order is intended by the parties as a complete and exclusive statement of the terms of their agreement. It supersedes all prior agreements, written or oral. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any terms used in this sales order. Acceptance or acquiescence in a course of performance rendered under this purchase shall not be relevant to determine the meaning of this sales order even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the UCC is used in this sales order the definition contained in the UCC shall control.
13. MODIFICATION. This sales order can be modified or rescinded only by a writing signed by both parties.
14. WAIVER. No claim or right arising out of a breach of this sales order can be discharged in whole or in part by waiver or renunciation of the claim or right unless such waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
15. ASSIGNMENT. No right or interest in this sales order shall be assigned by either party without the written consent of the other and no delegation of any obligation owed, or the performance of any obligation by either the Company or Purchaser shall be made without the written consent of the other party. Any attempted assigned or delegation not made in conformity with this paragraph shall be wholly void and totally ineffective for all purposes.
16. TIME TO PERFORM AND BRING ACTION. Time is if the essence of this sales order. Any action for breach of this sales order shall be commenced within 2 years after the cause of action has occurred. Any party who loses any litigation shall reimburse the other party for costs including reasonable attorney’s fees. The exclusive jurisdiction for any legal action shall be the Circuit Court of Orange County, Florida.
17. APPLICABLE LAW. This sales order shall be governed by the UCC of Florida as effective and in force on the day of this sales order.