Terms & Conditions
BINDING TERMS AND CONDITIONS OF SALE
The following are the terms and conditions for the sale of products by SupplyPart LLC to SupplyPart’s customers.
All orders are subject to acceptance in writing by SupplyPart or an authorized agent of SupplyPart. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by SupplyPart may be Cancelled by Customer upon written consent of SupplyPart provided such order is not “NC/NR” or “Non-Cancelable/Non-Returnable”, “Non-Standard Products” or governed by a Purchase Agreement Letter. Non-Standard Products are defined as Products that are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that SupplyPart will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications. SupplyPart’s website may include mistakes of a technical or other nature regarding product information. Information provided can be updated and changed at any time and without any notice. Trademarks and trade names are the properties of the owners and SupplyPart only claims their own company name as a proprietary interest.
2. Order Cancellation and Return Policy
Non-standard products are non-cancelable and non-refundable. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which SupplyPart may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by SupplyPart, and shall be paid by Customer to SupplyPart. Customer requests to reschedule are subject to acceptance by SupplyPart in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by SupplyPart to the shipment carrier. SupplyPart reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice. If the product is returnable, there is a minimum 15% restocking fee and the original order packaging must be included with the return. SupplyPart accepts returned merchandise within 30 days of the original delivery date accompanied with a valid RMA number from SupplyPart and shipped prepaid. Upon obtaining an RMA number the customer will be instructed where to return the product. Certain products shipped directly from suppliers must be returned to the supplier after obtaining the RMA number from SupplyPart. Authorized RMAs not returned within 30 days from the creation of the RMA number will be automatically cancelled. By returning any product to SupplyPart or supplier (as applicable) you represent and warrant that the returned product was purchased through SupplyPart and is not counterfeit or otherwise non-conforming. You acknowledge that SupplyPart does not accept any counterfeit products, and in the event that you send SupplyPart any counterfeit products you will be liable for all damages related thereto and will indemnify SupplyPart against any claims and damages related to such counterfeit products.
SupplyPart makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Prices are subject to change at any time prior to SupplyPart’s completion of your order. In the event SupplyPart discovers a material error in the description or availability of a Product that affects your outstanding order with SupplyPart, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, SupplyPart will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars. SupplyPart is not responsible for pricing, typographical, or other errors in any offer by SupplyPart and SupplyPart reserves the right to cancel any orders arising from such errors. Orders are billed at the prices (in United States dollars) in effect at the time of shipment. The SupplyPart website reflects the latest pricing information available, which is subject to change without notice. Non-standard Products will be sold at the prices set out in the relevant quotation supplied by SupplyPart. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee. Prices for any rescheduled deliveries may be increased by SupplyPart in the event of an increase in SupplyPart’s prices or costs or causes beyond SupplyPart’s reasonable control.
Except as otherwise provided on the Site, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. SupplyPart charges sales tax unless you have a valid sales tax exemption certificate on file with SupplyPart. SupplyPart will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and SupplyPart is required to pay tax on your purchase, you will reimburse and indemnify SupplyPart for the amount of such tax and any related penalties or other charges, and SupplyPart’s reasonable expenses incurred in connection with the payment and collection of such tax. E-mail your resale certificate and customer number to: “Attention: Sales Tax” at firstname.lastname@example.org
5. Quantity Limitations and Minimum Order
SupplyPart may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. SupplyPart may reject any order, or any part of an order. SupplyPart does not have a Minimum Order requirement unless there is one enforced through the manufacturer or supplier of the part(s) which in such case the customer will be notified of the Minimum Order requirement before an order is placed by SupplyPart.
6. Terms of Payment
Payment terms are major credit cards, major bank debit cards or PayPal payment. SupplyPart requires payment of any or all amounts due or to become due for Customer’s order before shipment of any or all of the Products. SupplyPart may suspend delivery of any order or any remaining balance thereof, until such payment is made or cancel any order or any remaining balance thereof. Customer will remain liable to pay for any Products already shipped and all Non-Standard Products ordered by Customer. If Customer fails to make payment when due, SupplyPart may pursue any legal or equitable remedies, in which event SupplyPart will be entitled to reimbursement of costs for collection and reasonable attorneys’ fees.
7. Delivery and Title
All shipments by SupplyPart are F.O.B. point of shipment from SupplyPart’s manufacturers or supplier’s facility and the amount of all transportation charges will be paid to SupplyPart by the Customer in addition to the purchase price of the Products. Subject to SupplyParts’s right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. SupplyPart will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer’s requested delivery date(s). Customer acknowledges that delivery dates provided by SupplyPart are estimates only and that SupplyPart will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by SupplyPart. SupplyPart reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered. The following is in regards to products shipping direct from suppliers, except as otherwise provided on the Site, (1) shipping or freight charges and insurance will be paid by the customer, (2) all sales are made FOB supplier’s warehouse, and (3) shipping or freight charges from supplier’s warehouse are prepaid and added to the invoice.
8. Shipping Destinations
SupplyPart will ship product to the 48 Contiguous United States addresses
9. Freight Damage
If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a SupplyPart customer service representative to initiate a claim.
10. Limitation of Liabilities
In no event shall SupplyPart be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claim for service interruptions for failure to supply downtime, testing, installation or removal costs, cost of substitute products, property damage, personal injury, death or legal expenses. Customer’s recovery from SupplyPart for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. Customer shall indemnify, defend and hold SupplyPart harmless from any claims brought by any party regarding products supplied by SupplyPart and incorporated into the customer’s product. You and SupplyPart agree to give up any rights to litigate claims in a court of law or before a jury or to participate in a class action lawsuit regarding a claim. If you are dissatisfied with the site, the services, the content, or with the terms of the site, your sole and exclusive remedy is to discontinue using the site, the services, and/or the content.