1. The Terms and Conditions set forth herein are for the sale of any product or equipment by Parts Today (collectively, “Seller”) to the party named in the application (“Buyer”). No provision of this agreement shall be waived, modified, altered or amended, except in writing signed by Seller’s Senior Management
2. South Carolina law shall govern this Agreement notwithstanding any choice of law rule to the contrary. Buyer agrees that this Agreement is entered into in Horry County, South Carolina. This agreement shall be enforced as is. Any provision, which has been finally determined by a court of competent jurisdiction to be invalid under applicable laws or regulations, only that section is invalidated, the rest of the agreement shall be valid and remain in effect.
3. Terms and Conditions of All Sales:
(a) Delay. Seller shall not be liable for failure to delivery or delays in delivery occasioned by causes beyond Seller’s control, including without limitation, strikes, lockouts, fires, embargos, war of other outbreak of hostilities, acts of God, delays of carriers or suppliers or governmental acts or regulations.
(b) Waiver. All claims shall be deemed waived unless made in writing, delivered to Seller within Ten (10) days after receipt of goods by buyer.
(c) Inspection. Buyer shall afford Seller prompt and reasonable opportunity to inspect goods as to which any claim is made as above stated. Seller reserves the right, in its sole discretion, to repair or replace any claimed defect in the goods.
(d) Cancellation of Merchandise. Cancellation of standard/stocked items may be honored only if the request is received prior to shipment.
(e) Returns. All Returns must be approved by Seller’s Customer Service department. Any product returned must be associated with an authorized RGA (Return Goods Authorization) number and the RGA number must be clearly visible on the return packaging to assure it can be properly identified.
4. Customer returns are accepted up to 30 days from original invoice date with no additional charge or restock charges per the following guidelines:
a. Material is defective
b. Material is not usable in the expected application
c. Shipment Error – identified by the customer and returned within 30 days of invoice date in new/unused condition and in original packaging
5. Special or custom order products are not returnable.
6. For all other returns, customers may return good material for credit, but return and restocking charges will be accessed and deducted from any potential customer credit.
Restocking Charges: based on return date from original invoice:
a. 0-30 days - 0%
b. 31 to 90 days - 25%
No refunds will be given on merchandise returned after 90 days of the original purchase date except where established contract is in place.
All returns are to be shipped to: Parts Today 3781 Newburg Rd. Louisville, KY 40218
A full refund for the price of the merchandise will be applied within 14 days of receipt. Original and return shipping costs are non-refundable unless the merchandise was shipped incorrectly.
Warranty. Seller warrants that all items shall be free of all known defects. Seller has NO warranties of Merchantability or Fitness of any item for a particular purpose. All warranties are subject to original manufacturer’s limitations and exclusions.
Handling Charge: All orders under $100 will be assessed a handling fee.
Seller retains the right to file security instruments as it sees necessary.
FOB is Seller’s shipping point.
1. The information provided, as well as that on given on any attached pages, is for obtaining credit and is warranted to be True. Buyer hereby authorizes Seller to investigate the references listed pertaining to my/our credit and financial responsibility. Buyer also authorized ongoing annual investigations for credit worthiness and reauthorization of my/our account with Seller.
2. If Buyer is a sole partnership or partnership they authorize Seller to obtain and use consumer reports on the Buyer or its principles for the sole purpose of evaluating current or ongoing credit worthiness.
3. Buyer authorizes their bank, financial or lending institution and credit references to release information to support my application with Seller.
4. Buyer has read, understood, and agrees to all the Terms, and agrees to notify Seller in writing via Certified Mail of any material change in name, ownership, location or corporate status within Thirty (30) days.
5. The Person signing below on behalf of the Buyer hereby certify(ies) that (a) he/she/they is/are authorized to sign this Agreement on Behalf of the Buyer; (b) the information contained herein is true and complete. Declared under penalty of perjury under the laws of the United States of America.