This is a binding
contract: All purchases are subject to
the terms of this contract. Hot Rods
USA, Inc. is not obligated to accept any or all purchase orders from buyer and
each is subject to the company’s approval in its sole discretion. All additional
or conflicting terms presented by the buyer in written or oral negotiations
between the parties shall be deemed explicitly rejected by Hot Rods USA, Inc.
and shall have no effect whatsoever.
ORDERS:This
is a web store based company and there is no retail or will call. 95 percent of
items are stocked items, on occasion we run out of an item or our supplier(s)
may have it on back order, due to the lead time required for manufacturing.
Most items ship within 3 business days. Although we are a high volume dealer,
brakes kits and wheels are non-stocking items. These are generally shipped 1-4
weeks from date of purchase, except special and custom orders these can take as
long as 90 days. We offer brake kits and wheels at low prices for you
inconvenience for waiting. In certain cases we can have items expedited, but
you will have to call regarding delivery before placing your order. All items
shipped direct from the manufacturer will be considered a special order. We accept Pay Pal, American Express, VISA,
MASTER CARD, Money Orders, Personal and Cashier's Checks as forms of payment.
If paying by personal check, funds must clear the bank before order is shipped. No checks on International orders. Returned checks are subject to a service charge of $50.00.
Shipping/freight rates will
also include handling and packaging cost. Quoted rates are good for the lower
48 states only. Other locations require charge confirmation via phone or fax.
When ordering by mail, please include your non-cash payment. Faxed orders must
pay by credit card only. Credit card orders subject to credit approval.
RETURNS, EXCHANGE, REFUND: No refunds on electrical or electronic parts (includes
but not restricted to ignition parts), special order, orders shipped directly
from manufacturers, items shown in the Garage Sale section of the
website or any purchases on Ebay. All authorizations and claims
for return or exchange must be made with in fifteen (15) days of receipt of
goods. Buyer must submit evidence of purchase date, invoice number, description
of goods including part numbers, copy of company invoice, reason for return and
(“RGA”) number. You must obtain a
"Return Goods Authorization" ("RGA") number from us before
you can return an item. This RGA number must be prominently displayed on the
shipping label. Returned goods must be returned prepaid within ten (10) days of (“RGA”) number issuance. RGA
is null and void after this period. All
parts must be in new and in re-saleable condition and in original packaging. Refunds
will not include refund of
shipping and handling charges. All returns are subject to a restocking fee of
up to Twenty-five percent (25%). We will not except any returns on items not
normally stocked or that were ordered special by you. All returns must be resalable as new and is
subject to inspection and approval. The
company may refuse or reject returned merchandise for failure to follow the
conditions set forth herein.
PRICES AND AVAILABILITY: Prices shown and availability are subject to change
without notice. If prices should change, we will process your order and notify
you of any difference.
BACK ORDERS: Back orders are merchandise that we normally stock. Parts
not in stock upon fulfillment of your order will be back ordered for 30 business
days, after which you may contact us for a refund.
SPECIAL ORDERS: Special order items are not stocked in our warehouse.
These items are special ordered from our vendors once we receive your order.
These items are often shipped direct from the manufacturer. Please allow 6-8
weeks for delivery on all "Special Orders". No return or exchange on any special ordered
items. Any Special Order that is
cancelled after 24 hours or placement shall be subject to any cost occurred by
Hot Rods USA, Inc. all cancellations subject to minimum transaction fee of
$25.00.
COUPONS: All Coupons must be
redeemed at time of purchase. There is only one applicable coupon per
order. Coupons are not valid for EBAY
purchases. Our “Happy Customer Policy”—If
you forget to use a coupon at check out time, we will apply a credit to your
account towards a future purchase. This credit will be equal to the
coupon at time of purchase. No cash or credit card refunds. You must
contact us for this credit within ten (10) days of your purchase.
GARAGE SALE or SDO (Scratch, Dent or
Over-stock):Items listed on
this page are our scratch, dent, overstock, and close-out items. The items offered on this page are sold
“as-is”. There are no returns or exchanges
on these items. Items in this section
not subject any discounts.
Damaged goods
(DOA): All
damage on arrival (DOA) is subject to a carrier claim. Claims must be made by contacting us and the
carrier within twenty-four (24) hours
upon delivery of goods. You must provide
a written statement and pictures of damage. The written statement must include part number, description of damage
and contact info, including a phone number. Hot Rods USA, Inc. is not responsible for damage caused by the
carrier. We will attempt to assist you
with the claim process at our discretion. The carrier may refuse or reject (DOA) merchandise claims for failure to
follow the conditions set forth herein.
Disclaimer of
warranties: Hot Rods USA, Inc. disclaims all warranties including
implied warranties with respect to altered, repaired, misused goods, or goods
not installed by a certified ASE (Automotive Service Excellence) Technician. We disclaim any and all warranties and
representations other than those explicitly specified in this contract. Company shall not be responsible for any
injuries to person caused by the use or misuse of goods. Buyer agrees that we are not liable, jointly
or severally for any injuries to person(s) or property. Buyer agrees to hold harmless Hot Rods USA,
Inc. from and against any and all actions, claims, demands, liability, loss,
damage, and expense of any kind related to injury to person(s) or property. Buyer’s sole remedy shall be repair,
replacement, or credit at Hot Rods USA, Inc.’s discretion. In NO event shall we be liable for any loss
of use, revenue, or anticipatory profit, or for any direct, indirect or
consequential damages arising out of or connection with the sale. In NO event shall Hot Rods USA, Inc.’s
liability exceed the amount of the particular “defective” product.
Default:In the event of
default by the buyer, including failure to pay or breach of this contract. Hot
Rods USA, Inc. may among any other remedies available in law or equality,
terminate this contract, suspend delivery of any products or services, declare
the entire amount due, and institute immediate legal action to enforce
collection of outstanding amount, plus interest, attorneys fees, cost,
compensatory and incidental damages.
Indemnity:Buyer shall
defend and indemnify Hot Rods USA, Inc. against all damages, liability, claims,
losses and expenses (including attorney’s fees) arising out of, or resulting in
any way from any “defect” in the products or services purchased hereunder or
from any breach of terms and conditions hereunder by Buyer, its agents,
employees or subcontractor.
Shipping: Shipping
charges are subject to fuel surcharge in addition to charges named at time of
order.
Governing Law:This contract
shall be governed and construed in accordance with the laws of the sate of
Washington
. The Buyer agrees that the competent courts in
Clark County
,
Washington
shall have the exclusive
jurisdiction over any legal action with respect to this contract. All intellectual property, such as copy
rights and trademarks, belong to their respective companies. |