1. APPLICATION
The following terms and conditions shall govern the sale by BeverageTruckParts.com, Inc. (hereinafter referred to as "BTP") to Customer on orders for products sold by BTP. By accepting delivery of the product described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. BTP reserves the right to change these terms and conditions without prior written notice at any time, at BTP's sole discretion.
2. OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify these terms and conditions will be null and void unless agreed to in writing by an authorized officer of BTP.
3. MINIMUM ORDERS AND FREIGHT CHARGES
BTP no longer offers free freight due to increasing freight charges. We apologize for any inconveniece and if you have any questions regarding this change please call us directly at 877-461-7911. Customers pay shipping charges on emergency air orders and/or when the carrier is specified by the Customer. Orders for product in stock will generally ship the same or next business day, unless otherwise scheduled for a specific delivery cycle. Emergency orders to be shipped by airfreight can be placed until 1:00 PM Central Time for shipment the same day if product is in stock. Emergency orders placed after 1:00 PM Central Time are not guaranteed same day shipment, however every effort will be made to accommodate those orders. Drop shipments are sent direct from the manufacturer and are subject to the shipping times available from their docks.
4. PAYMENT TERMS, ORDERS AND QUOTES
Terms of payment shall be determined at BTP's discretion. All terms must be agreed to by BTP prior to acceptance of Customer's order. Payment shall be made by credit card, procurement card, check or some other pre-arranged method of payment acceptable to BTP. Orders are not binding on BTP until accepted by BTP Any quotation provided by BTP will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours. Where payment is made by credit and/or procurement card, such payment is subject to the approval of the financial institution issuing the card and BTP shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. If BTP has agreed to extend credit terms, Customer shall pay invoices within thirty (30) days from the date of the invoice and otherwise in accordance with the terms stated on such invoice.
Orders are not binding on BeverageTruckParts.com unless accepted by BeverageTruckParts.com. Any quotation provided by BeverageTruckParts.com will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours.
Where payment is made by credit and/or procurement card, such payment is subject to the approval of the financial institution issuing the card and BeverageTruckParts.com shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
If BeverageTruckParts.com has agreed credit terms, Customer shall pay invoices within thirty (30) days from the date of the invoices.
5. PRICES, SHIPPING AND HANDLING CHARGES, TAXES AND CUSTOMS
Prices do not include charges for shipping and handling, taxes, customs or duties, except that shipping charges shall be included in those cases where the Customer meets the qualifying minimum dollar amount described in Section 3 above. In all other cases, separate charges for shipping and handling will be shown on the invoice. Customer is responsible for all sales and other taxes associated with the order, however designated.
6. TITLE AND RISK OF LOSS OR DAMAGE DELIVERY
Title and risk of loss shall pass to Customer upon shipment from BTP's facility, or a manufacturer's facility, as applicable. Unless otherwise agreed in a written agreement between Customer and BTP, BTP may deliver the products ordered in installments. Any delivery or anticipated shipment dates are estimates only and BTP is not liable for, and expressly disclaims any loss, damage, cost or expense associated in any way with failure to deliver in accordance with a specific delivery or shipment date.
7. PRODUCT AVAILABILITY
Products may not be available for immediate delivery. BTP reserves the right, without liability or prior notice, to revise or cease to make available any or all products. If there is any revision or cessation of the product ordered by Customer, BTP may ship products, which have functionality similar to the products ordered, but there may be differences in the specifications or brand between what was shipped and what was ordered. BTP may revise or discontinue any of the products offered for sale at any time.
8. RETURN POLICIES
All exchanges and returns require a Return Authorization number, which can be obtained by sending a message through the contact us link or by fax at (800) 272-2147. All return requests must be in writing. All returned products must be in resalable condition, and in original packaging. Products and packaging cannot be damaged or marked. Returns will be authorized for standard stocking items purchased within the last 30-days. Return requests for items purchased after the 30-day period will be reviewed and an analysis performed to determine demand by BTP in its sole discretion. If the part is approved for return, a 10% restocking fee will be applied unless item was special ordered from manufacturer (approved return to manufacturer is subject to manufacturers' restocking fee percentage). If any items are classified as obsolete, slow moving or non-stocking, the return authorization will be declined. Returns totaling over $500.00 or 10 items are subject to the same approval process and will incur a 15% restocking fee. All drop shipped product is subject to manufacturer restocking percentages which may vary by manufacturer. Return shipping charges must be paid by Customer. Items returned without prior approval may be refused. BTP reserves the right to deny any return based on any criteria as determined by BTP. Sale is final on any and all cut-to-size, painted, or otherwise customized purchase, therefore NO RETURN is allowed. After authorization of the return and receipt and inspection of the approved merchandise, credit will be issued at the current dollar amount or amount valid at time of purchase as determined by BTP.
9. CATALOG ACCURACY
The catalog information is furnished for the convenience of our customers. BTP makes no guarantee, either expressed or implied, as to the accuracy of any information provided in the catalog. Any representations set forth in the catalog as to product use of application are for illustrative purposes only and are not designed or intended to be relied upon by customers who purchase the product.
10. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the BTP Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Customer is entirely responsible for maintaining the confidentiality of any login or password used to access secure areas of this Site. Customer is solely and entirely responsible for any and all purchases or other activities that occur on this Site under its login account, including any losses incurred by BTP or another party due to someone else using Customer's account or password. Customer further agrees to notify BTP immediately of any unauthorized use of its account or if it discovers any other breach of security. BTP will not be liable for any loss that Customer may incur, including any that may occur as a result of someone else using Customer's account or password, whether such use occurs with or without Customer's knowledge.
11. WARRANTY DISCLAIMER
IF APPLICABLE AND PERMITTED, BTP WILL TRANSFER THE MANUFACTURER'S WARRANTY FOR THE PRODUCT. ALL RECOURSE UNDER THE WARRANTY, IF ANY, SHALL BE TO THE MANUFACTURER AND BTP SHALL HAVE NO RESPONSIBILITY OR DUTY WITH RESPECT TO SUCH WARRANTY. ALL PRODUCTS ARE SOLD "AS IS" WITH ALL FAULTS WITHOUT WARRANTY FROM BTP OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BTP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BTP AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS, EVEN IF BTP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All parts stated to be "OEM" or "Genuine" are genuine and authentic with serial numbers intact. We work hard to bring you high quality products at competitive prices. BTP is an authorized dealer of many parts brands. As an authorized dealer, we can offer you a part with the manufacturer's warranty. BTP also buys parts from other authorized dealers, distributors, and other established lines of distribution within the parts industry. A benefit of buying through these alternative channels is that we are able to offer you a highly competitive price, though the manufacturer's warranty on these parts may not be valid. In the case that the manufacturer's warranty is not valid, BTP offers an industry-leading one-year limited warranty to cover your watch.
The BTP One-Year Limited Warranty will cover the part in the event that it fails due to a defect in the parts manufacturer.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BTP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO FAILURE OF ESSENTIAL PURPOSE, DEFECT, REPLACEMENT COST OR LOSS OF USE OF ANY KIND, EVEN IF BTP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER"S SOLE RIGHTS UNDER THIS AGREEMENT ARE TO RETURN THE PRODUCT UNDER THE RETURN POLICY SET FORTH ABOVE. IF ANY LAW OR COURT FINDS THIS LIMITATION OF LIABILITY OR ANY PART OF IT UNENFORCEABLE, CUSTOMER'S SOLE REMEDY SHALL BE REFUND OF THE PURCHASE PRICE FOR THE PRODUCT.
13. JURISDICTION AND VENUE
The laws of the State of Illinois will govern these terms and conditions, without giving effect to any principles of conflicts of laws. BTP reserves the right to make changes to the products offered and to these terms and conditions at any time, without notice or consent. You must file any claim or cause of action arising under these terms and conditions in a state or federal court nearest to Chicago, Illinois, which shall be the exclusive venue, within one year after any claim arises.