Please read all of the below terms as they apply to ALL phone and internet orders.
All online orders will be charged immediately upon purchase.All phone orders while subject to immediate charge will typically be charged upon shipment of goods. If an item is on back order or is delayed, we have no means to cancel and recharge your credit card if you order online once the order is complete and processed online. Phone orders can be charged and or modified as required.
By ordering through CruiserParts, LLC, the purchaser agrees to our policies. CruiserParts LLC does sell a wide variety of items that are notated as USED, NEW or Re-manufactured parts. In the event Buyer and seller disagree as to the fitment, quality or any aspect of the part i.e. a quality or fitment issue. CruiserParts LLC will in its sole discretion issue replacement, refund the item or deny a return.
By ordering from us you agree to all of the terms on this page. If you do not agree. PLEASE feel free to cancel your order.
We have developed these terms to insulate us from losses due to customers varying issues.
While mistakes sometimes do happen. We have a 99.9% trouble free process. The remaining 0.1% of issues are easily taken care of by following the terms we list below.
If you do not agree to any terms below. Please cancel your order and shop somewhere else.
Though we offer free shipping on some of our items, shipping is not in fact "free". Shipping is factored into the price of each and every item. If the cost point exceeds the built in threshold for the "Cost" of shipping. Then the difference will be asked of from the customer. The difference in price of each free shipping item is after the free shipping price is deducted from the cost of item and you are only liable for the difference. Typically only International and areas outside the contiguous 48 US states would be liable for this section.
Should any item be returned to the seller because the purchaser changed their mind, made a mistake, etc., the purchaser will receive a refund in full less the cost of shipping and any restocking fees.
Should an item be returned to sender due to "refused" or "undelivered" status, the buyer is responsible for all fee's associated with shipping. If the customer wants the product sent back out after "shipping" has been paid for by the seller the buyer will need to repay all shipping charges in full.
USED parts have a 90-day warranty unless a one year warranty is purchased at 10% additional charge. NEW & REBUILT parts have a 1-year parts warranty. DO NOT make your vehicle inoperative until you have confirmed you have received all of the parts that you ordered. If anything is missing call us at 603-847-9400 and we will gladly supply what is missing via Ground service. DO NOT put yourself into an emergency situation demanding "AIR" services (even when an error on our part has occurred), as your request will be denied. If you pay the additional charges we can express the replacements to you. ALL RETURNS with no exchange will incur a Non-Negotiable 25% restocking fee. Returns must be shipped prepaid and carefully boxed to ensure items are not damaged in shipment. If we sent you the wrong or a damaged item and you do not want a replacement or corrected item then the return shipping is YOUR responsibility and you will be subject to a 10% restocking fee.
Shipping times can be anywhere from same day to many months depending on the product ordered. We keep millions of parts in stock for you our customer. In the event that something is delayed we will try our very best to notify you within 1 week if any one item is unable to ship from your order.
If an item has been discontinued or is otherwise unavailable. You will receive a full refund for that item.
In the event you pick a shipping cost or delivery service and we in our sole discretion change such service to give you a better value or delivery time we will do so. You will be refunded for the retail price difference of such a change if you request it of us.
In the event you pick a shipping service that is unavailable to ship the item"s" ordered i.e. a heavy or large irregular part that will not physically fit into a smaller box or if the weight is not correct we will contact you for the difference in cost required to send you the item.
In the event we send you a wrong part. We are only human and mistakes DO happen. We will in our sole discretion require you to send the part back at your expense. Or if CruiserParts LLC deems it to be an issue that WE caused we will provide a return label for the return of the item or items.
Shipping Damage Claims:
Seller "CruiserParts LLC" is the sole party responsible for all damage claims arising from shipping paid for by the shipper. All damage claims must be reported to CruiserParts within 48 hours of receipt of package. If a claim is received outside of that time we will work on a case by case basis with the customer to attempt claims with the shipping company. If this is a freight shipment via a "Common Carrier Trucking Company" ALL Damage must be reported BEFORE signing for the freight. Make sure you inspect fully before accepting ANY freight! If the purchaser arranges and pays for shipping then all damage claims are the buyers responsibility.
Should a ìrefusedî or ìundeliverableî or "Damaged" parcel be returned and the buyer no longer wants it, a refund will be granted less the cost of original shipping and restocking fees.
International (Outside of USA) orders:
Most international shipments will require the payment of import charges, duties and taxes depending on your country of residence. Returns for any items that were misdelivered, damaged or wrong items are entirely the sole responsibility of the purchaser. Replacements as CruiserParts LLC deem necessary will be sent at the cheapest rate available to us. You must pay the cost difference between such shipping rate and an express option at your choice. If replacements are not available. As a courtesy for INTERNATIONAL customers we will not charge you a restocking fee. But you Must return the item for a refund LESS shipping costs. We ONLY offer international shipping as a courtesy and while we value your business we will not be able to absorb any losses incurred in any International transactions.
- Returns are for STORE CREDIT ONLY.
- Store credit will only be applied to parts returned in an acceptable, unaltered and uninstalled condition. All store credits expire one year from the original order date.
- Returned parts must be packaged with the same care as originally shipped.
- Returns will be accepted up to 30 days after the order date, and are subject to a 25% restocking charge.
- The return authorization number (which is your invoice number) and customer name must be printed on the outside of the box.
- A copy of the original invoice must be included with a note describing the reason for the return.
- All returns must be shipped freight prepaid. COD or freight collect returns will not be accepted.
- CruiserParts has no responsibility in the diagnosis, troubleshooting, ordering or installation of a part or problem. The responsibility of correctly diagnosing the problem, ordering the correct part, and successfully installing the part, remains with the customer and his or her technician.
- CruiserParts liability due to a defective part is limited to the value of the part only. We will not be responsible for labor costs, downtime, freight costs, or any other associated costs, for any reason.
- CruiserParts will exchange a part only after the original part has been received in an acceptable, unaltered condition. The customer is responsible for shipping the original part to CruiserParts at their expense. Returned parts must be packaged with the same care as originally shipped. The replacement part will be shipped at CruiserParts expense.
- Electrical parts are guaranteed 90 days. Exchanges of electrical parts that become faulty within 90 days are accepted for identical replacement only.
- Electrical parts may not be returned for refund or store credit. An electrical part that becomes faulty may not be exchanged for a different part.
- Special order items such as body or frame cut off sections are not returnable for either refund or store credit.
- Core Refunds to be credited to original payment method must be received within 60 days of the original charge date. Core returns will be accepted for up to 1 year as a store credit only. Core must be rebuild-able.
- Orders canceled prior to shipment are subject to a 10% cancellation charge.
- CruiserParts accepts Visa, Master card, Discover, and Pay Pal.
We take charge backs very seriously. Should you charge back your credit card we will automatically charge you a $50 processing fee plus the maximum amount of damages allowed by law. Furthermore, we will dispute the charge back with supporting documentation and report the charge back to law enforcement authorities and related financial agencies. Should we be unable to collect this fee we may report your account to a collection agency (damaging your credit) to collect it for us.
Customers who prematurely issue charge backs for non-delivery, misdelivery, order cancellation, refund, damages, exchange, etc. without working through us or the delivery carrier, etc. are also liable for charge back fees. Failure to reverse a premature charge back will result in us turning the account over to collections including a $50 charge back fee and applicable collection fees and fines as allowed by law.
Charge backs should be the last line of customer protection used in obviously fraudulent situations. Quickly posting a charge back or threatening to post a charge back against us for shipping damage, etc or situations out of our control - could be a costly decision if used frivolously - and because of our business ethics and customer care programs - should never be necessary. Always work with us on issues - we are more than happy to help!
We assume NO liability or coverage for any labor charges ever!
CruiserParts, LLC assumes NO liability for any of our products!
We neither assume, nor authorize any person to assume for us any liability in connection with the sale or use of the goods sold, and there are no oral agreements or warranties collateral to or affecting this agreement. We hereby give notice that any statement made by us in the sale of the goods, shall not create any warranty that the goods shall be fit for any particular purpose. Statements, images or descriptions are informational only, and not made or given as a warranty of the goods in any way. We specifically disavow any other representation, warranty, or liability related to the condition or use of the goods.
We do not cover any consequential damages, and our liability is limited to repairing or replacing defective goods. The entire risk as to the quality and performance of the product is with the buyer. We are not an insurer, and bear no liability for any use, misuse, or failure to perform.
All warranties including the implied warranties of fitness and merchantability. Incidental and/or consequential damages are excluded.
Purchaser covenants and agrees that the purchaser or his heirs, agents, assigns shall NEVER bring any action in any court of law regarding ANY issue arising from the Purchase and Sale of product(s) sold by CruiserParts, LLC.
REVIEW YOUR ORDER UPON ARRIVAL!
All items are warrantied by their manufacturers, not by CruiserParts LLC! Rebuilt Items are warrantied for 1 year against defects in workmanship; not against abuse, loading, or improper lubrication. All parts must be shipped prepaid to our facility for inspection & determination. ANY UNAUTHORIZED OUTSIDE REPAIRS VOIDS THIS WARRANTY. We will not pay for labor, loss of revenue or goods, commercial losses, costs of telephone calls or general inconvenience.
Discounts can not be combined on purchases. We reserve the right to modify prices at anytime without notice and are not responsible for typographical errors. If a price is listed in error we will, at our choice, honor the price difference, contact you to ask if you wish to: pay the adjusted price or, void the order with no penalty.
- Ordering Agreement
- By submitting orders with us, you agree to our return and exchange policies.
We reserve the right to modify policies at anytime without notice and are not responsible for typographical errors
Orders submitted requiring additional ship costs will be placed on hold and customer contacted to approve additional costs.
If you find you need to cancel your order please let us know immediately via phone and e-mail. We will do what we can to stop the shipment. Shoppers will be responsible for shipping costs on items which have already shipped and a restocking fee will apply. Custom orders which we are unable to stop production and or shipment, are not refundable.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CruiserParts LLC. The collective work includes works that are licensed to CruiserParts LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with CruiserParts LLC or purchasing products of CruiserParts LLC. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with CruiserParts LLC, or to purchase products of CruiserParts LLC. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by CruiserParts LLC.
All trademarks, service marks and trade names of CruiserParts LLC used in the site are trademarks or registered trademarks of CruiserParts LLC.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, CruiserParts LLC disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. CruiserParts LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. CruiserParts LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
CruiserParts LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, or site itself, even if CruiserParts LLC has been advised of the possibility of such damages.
In the event that a CruiserParts LLC product is mistakenly listed at an incorrect price, CruiserParts LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CruiserParts LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CruiserParts LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CruiserParts LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
CruiserParts LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CruiserParts LLC.
Your use of this site shall be governed in all respects by the laws of the state of New Hampshire, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of CruiserParts LLC products) shall be in the state or federal courts located in Cheshire County, New Hampshire. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of CruiserParts LLC products) must be commenced within one (1) year after the claim or cause of action arises. CruiserParts LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
CruiserParts LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including CruiserParts LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
CruiserParts LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CruiserParts LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CruiserParts LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CruiserParts LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless CruiserParts LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, CruiserParts LLC may link to sites operated by third parties. However, even if the third party is affiliated with CruiserParts LLC, CruiserParts LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CruiserParts LLC.
These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CruiserParts LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on this site including, but not limited to, Parts, services and information, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, news group, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright (c) CruiserParts LLC All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User’s Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (e-mail address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing web page or other content (e-mail address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: CruiserParts LLC
Address: 12 Land Cruiser Dr, Sullivan, NH 03445
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make e-mail, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the New Hampshire, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Ohio, by accessing this site both of us agree that the statutes and laws of the State of New Hampshire, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New Hampshire with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by e-mail, or at CruiserParts LLC, 12 Land Cruiser Dr, Sullivan, NH 03445 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
20. Contact Information
Terms and Conditions of Sale
1. Sale and Purchase of Goods
CruiserParts LLC ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
Goods purchased from this website shall be shipped in a timely manner.
The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforce-ability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of New Hampshire, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of New Hampshire and hereby waives any objection to such jurisdiction and venue.
By ordering from us you agree to these terms. If you do not agree. PLEASE do not continue with your order!
If you feel you need to ask about anything listed. Please e-mail us firstname.lastname@example.org to request any variances before agreeing to your order.