Terms & Conditions
ACKNOWLEDGMENT AND ACCEPTANCE
ZZR PARTS (the Company) provides the use of this website to you, conditioned upon your acceptance without modification of the following Terms and Conditions. Please review these Terms and Conditions carefully. By using this website, you are agreeing to these Terms and Conditions. If you do not agree or do not wish to abide by these Terms and Conditions, you may not use this website.
APPLICABILITY
These Terms and Conditions shall be incorporated into the contract and shall apply in place of and prevail over any Terms and Conditions contained or referred to in any communication from the customer or implied by trade, custom or practice or course of dealing; EXCEPT that, to the extent there is any conflict between these terms and any terms set out in the contract, the terms of the contract shall take precedence. Other purported Terms and Conditions which either party seeks to impose or incorporate are expressly rejected by the Company.
PRICES
Prices stated herein or in buyer’s order are based on present costs. Such prices are subject to increase by the Company at anytime before delivery in respect to all or any portion of the products on order to the extent necessary to cover increased costs applicable thereto. Such prices do not include reasonable and normal local preparation and delivery charges which buyer will pay upon receipt of the Company’s invoice therefor.
Unless previously withdrawn, quotation is open for acceptance within the period stated therein or, when no period is so stated, within 10 days after its date.
Prices are firm for delivery within the period stated in the quotation. Prices are for Goods delivered EXW (Ex works) the Company shipping point, exclusive of freight, insurance, handling, packaging, transportation, Value Added Tax, custom duty or other taxes, unless otherwise stated in the written confirmation.
PAYMENT
The customer shall comply with the payment obligations also in case of claims or contestations, for whatever reason. Breach of Terms and Conditions of payment shall relief the Company from delivery and guarantee obligations, also with reference to deliveries other than those relating to such breach, and shall allow the Company to claim immediate advance payment of all sums due by the customer. In the event of breach of the payment obligations, the Company shall have the right to rescind the agreement with immediate effect and claim for damages.
CANCELLATION
Your order, having been accepted, CANNOT BE CANCELLED without our written consent.
Customer may change the details of or cancel an order only by mutual agreement, depending on the timing of the cancellation, type and quantity of the products and other factors. The customer may also be required to pay a cancellation fee. Buyer shall indemnify the Company against any loss resulting therefrom
The Company reserves the right not to accept cancellations because of the nature, type, quantity or shipping date of products, the distribution system used, or other relevant factors.
If a cancellation is made through no fault of the Company there may be a restocking charge or a production cancellation charge. These fees are applied to offset the costs incurred by the Company for handling and/or production work already performed.
SHIPMENT
Routing of shipments will be made at the discretion of our Logistics Department unless otherwise specified on the face of your order. Shipping dates are approximate and based on prompt receipt of all necessary information. All prices are made F.O.B. our plant, and title to the goods passes to you upon delivery of the goods to the carrier. Our responsibility ceases upon issuance of a Bill of Lading or delivery to the transportation company. We have no responsibility for goods in transit. All goods are delivered to and accepted by the carrier in good condition. You as the owner of the shipped goods, for your protection, should inspect at the time of delivery and have all damages noted on the Bill of Lading or Delivery Receipt. Written notice of any loss or change should immediately be given by you to us and the delivering carrier and arrangements made directly with that carrier for inspection of the damaged goods.
DELAY
The Company shall not, under any circumstances, be liable for any loss or damage, direct or consequential, arising out of the use of, or the inability to use, our goods for the purposes intended or for late delivery. Failure to perform or delay in performance here under shall be excused for acts of God, acts of the Government, fire, floods, accidents, differences with workmen, sabotage, riots, weather conditions, inability to procure parts from usual sources of supply, or other factors beyond our reasonable control.
TAX AND DUTY
Customer is responsible for payment of all applicable duty and local tax, or for providing a valid sales tax exemption certificate. In the case that the invoiced goods are subject to any countries, states or other sales or use taxes now or hereafter enacted, the amounts of any such sales or use or other taxes shall be added to the purchase price and be payable by the purchaser.
WARRANTY
Products are subject to the Terms and Conditions. The Company provides Limited Warranty to the original purchaser for products. Customer, through their purchase of products, agrees to be bound by this Limited Warranty. A manufacturer guarantee certificate or warranty may also apply to certain products, which shall supersede and void this Limited Warranty as to such product(s).
A. SCOPE AND PERIOD OF WARRANTY
The product sold or supplied to the customer is suitable for the ordinary use to which products of the same kind are destined. No special or particular use is guaranteed by the Company. The Company warrants that the products shall be free of defects in material and workmanship. During the Warranty Period, the Company at its sole discretion may repair or replace a product with a defect attributable to the Company free of charge on condition that the customer provides the Company with written notice describing the alleged defect, within the warranty period (defined in the Limited Warranty), and the Company deems the alleged defect covered under this Limited Warranty. Minor flaws such as scratches, marks, dents or discoloration that do not affect the function of the Product do not constitute a defect, unless the Company, in its sole discretion, deems such flaw to be a defect.
EXCLUSIONS
This Limited Warranty does not cover damages or defects to products resulting from or in any way contributed to:
- Use in devices that transport humans such as automobiles, vehicles, or ships; medical equipment with the purpose of curing or diagnosing humans; or general household consumer goods such as electronic and electric equipment.
- Use in aerospace equipment, nuclear energy equipment, or military-related products such as weapons or arms.
- Customer’s reckless, negligent or abusive handling or use of the product.
- Natural disasters including, but not limited to, earthquakes, fires and floods.
- Failure to comply with product specifications, intended uses, Terms and Conditions, drawings; or documentation shipped with the product or accessory.
- Any repair, modification, processing or disassembly of the Product.
- Damage to equipment other than the product itself.
- Use outside of the country where the Company originally shipped the product at the time of purchase.
- B. WARRANTY PERIOD
This Limited Warranty is valid for a period of one (1) year from the date the Company ships product to original purchaser.
- C. INSPECTION AND NOTIFICATION
Within one (1) week of receipt of product, customer should confirm the name, quantity and specifications of the product(s) and check for any defect. The customer must provide written notice to the Company within one (1) week of receipt of product, or the Company may deem that the product(s) are free from defect.
- D. LIMITATION OF LIABILITY
In no event shall company be liable for any incidental, consequential or special damages, including but not limited to, any claims of property damage, based upon breach of warranty, breach of contract, tort, or any other legal theory.
- E. LIMITATION OF WARRANTY
This limited warranty is the exclusive warranty for the product. Company disclaims all other warranties, express or implied, including any implied warranties of merchantability, fitness for particular purpose or otherwise. Products are sold business to business and not to consumers, rendering any consumer law inapplicable. In no event shall company’s liability with regard to the sale of product exceed the original purchase price paid by customer.