Terms & Conditions
Terms & Conditions of Use
Last updated: July 15, 2014
Welcome to highwayandheavyparts.com (the “Website”). Highway and Heavy Parts, L.L.C. and/or its affiliates (collectively, “HHP”) provide website features and other products and services to you when you visit or shop at the Website, use HHP products or services, or use any product or service provided by HHP in connection with any of the foregoing (collectively, “HHP Services”). HHP provides HHP Services subject to the following conditions.
BY USING HHP SERVICES, YOU AGREE TO THESE TERMS & CONDITIONS OF USE. PLEASE READ THEM CAREFULLY.
By accessing, browsing, purchasing, or otherwise using the Website, by participating in any promotional program through HHP and/or its affiliates, or by purchasing any HHP product or service, you acknowledge and agree that these terms and conditions of use apply to your use and/or participation and you agree to comply with these terms and conditions. If you do not agree to be bound by these terms and conditions each time that you use the website or when you participate in a promotional program, or if you do not have the authority or capability to agree to or accept these terms and conditions, you may not use the website or participate in the promotional program.
These Terms May Change
HHP reserves the right to modify these terms and conditions of use at any time without prior notice. Your use of the website or participation in any promotional program following any such change constitutes your agreement to follow and be bound by these terms and conditions of use as so modified. Accordingly, you should review these terms and conditions of use for changes whenever you use the Website.
Please review our Privacy Notice, which also governs your use of HHP Services, to understand our practices.
When you use any HHP Service, or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the site or through any other HHP Service and you consent to receive communications from HHP electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Passwords and Security
If you use a password to access the Website, you are responsible for maintaining the confidentiality of the password and/or restricting access to your account, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Website, HHP’s promotional programs and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your accounts.
Notwithstanding the above, we may rely on the authority of anyone accessing your accounts or using your passwords and in no event will HHP be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of us under this provision, (ii) any compromise of the confidentially of your accounts or passwords, (iii) any authorized access to your accounts or use of your passwords.
All the content that you see and hear on the website or in the promotional programs, including text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips and video clips (collectively, “capitalized content”) is owned by HHP, or third parties who have licensed the content to HHP.
Links to Other Websites
HHP makes no representations whatsoever about any other website that you may access through HHP’s Website. When you access a non-HHP website please understand that it is independent from HHP and that HHP has no control over the content on that website. In addition, a hyperlink to a non-HHP website does not mean that HHP endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Website you do so entirely at your own risk.
Corrections of Errors and Inaccuracies
The information on the Website or in offers contained in promotional programs may contain typographical errors or inaccuracies and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing, and availability. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Order Cancellation Policy
If we receive a cancellation request after your order has been accepted into our order processing system and we are able to physically accommodate your request, there will be no charges. However, cancellations cannot be processed on their scheduled shipment day.
Items to be returned are subject to the following:
- Gasket sets, gaskets, chemicals & electrical parts are non-returnable and non-refundable.
- Parts must have a five dollar minimum value to qualify for return.
- All items must have a return authorization number before being returned.
- All items must be in original packaging and original condition. We will not accept items that show signs of wear, installation, or use.
- All returned goods shipments must have prepaid freight.
- Returned items that are not salable will be returned at customer’s expense.
- Restocking fees of up to 25% may apply for certain items. 15% restock is most common for in-stock items.
- No parts are to be returned beyond 60 days from invoice date. Special order parts are non-returnable.
- Special Orders for items not in stock are non-returnable and non-refundable.
- Damaged or defective goods must be reported within five days of receipt.
- Wrong parts send claims must be submitted within five days of receipt to qualify for return and will not be subject to restock.
- Credit will be issued based on original purchase price of parts.
- Core charges will be in accordance with the OEM pricing policy.
- Core value will be in accordance with the OEM policy.
- Cores sent back that do not match the part purchased will not be given credit unless otherwise approved prior to return.
- Core credit will be issued when core credit is received from the OEM. The credit process of core inspection, accounting, and issuing credit may take up to 30 days.
- Freight charges to return core back to HHP are the customers’ responsibility. If a core is determined to have no value, the customer can request the core back at their freight expense.
- Cores must be returned in assembled, rebuild-able condition in accordance with the manufactures policy. Cores not meeting rebuild-able criteria will not receive credit.
- Cores must be returned within 30 days from the delivery date to receive full credit. Cores returned within 30-45 days will receive 50% credit. Cores returned after 45 days will not receive credit.
Shipping & Risk of Loss
All items purchased from HHP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
HHP does not take title to returned items until the item arrives at HHP. Therefore, you are responsible for all risk of loss and damage of products being shipped for return, exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your return.
THE WEBSITE IS OPERATED AND THE PROMOTIONAL PROGRAMS ARE RUN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HHP DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE, ANY PROMOTIONAL PROGRAM, AND ANY PRODUCT OR SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, WITHOUT LIMITING THE GENERAL NATURE OF THIS DISCLAIMER:
- HHP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT OR WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
- HHP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR IN PROMOTIONAL PROGRAMS IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
- HHP DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
HHP DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
HHP ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE WEBSITE OR IN ANY OF THE PROMOTIONAL PROGRAMS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL HHP OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH RESPECT TO THIS WEBSITE, ANY PROMOTIONAL PROGRAM, AND ANY PRODUCT OR SERVICE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HHP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE PROMOTIONAL PROGRAMS, OR ANY OF THEIR RESPECTIVE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE OR PARTICIPATING IN THE PROMOTIONAL PROGRAMS. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HHP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless HHP, its affiliates, agents, employees, members, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of these terms & conditions of use, violation of any law or regulation, or violation of any proprietary or privacy right.
Applicable Law and Consent to Jurisdiction
By accessing and using the Website, participating in any promotional program, or by using any HHP product or service you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of law provisions.
Regardless of where you access or use the Website, participate in any promotional program, or use any HHP product or service you agree that any action at law or in equity arising out of, or relating to, these terms & conditions of use must be filed and adjudicated only in the State Courts located in Midland County, Michigan, USA or in the Federal District Court for the Eastern District of Michigan located in Bay City, Michigan, USA. Moreover, you hereby irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts over any suit, action, or court proceeding arising out of these terms & conditions of use.
YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY (REGARDLESS OF THE SOURCE OF SUCH RIGHT) IN ANY ACTION AGAINST HHP ARISING FROM AND/OR DIRECTLY OR INDIRECTLY RELATED TO OR CONNECTED WITH THESE TERMS AND CONDITIONS OF USE.
Limitations on Claim
Any cause of action you may have arising out of or related in any way to your use of the Website, any promotional program, or any HHP product or service must be commenced within six (6) months after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of these terms & conditions of use, or portion of it, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms & conditions of use, and the remainder of these terms & conditions of use shall continue in full force and effect.
Notwithstanding any of these terms and conditions of use, we reserve the right, without notice and at our sole discretion, to terminate your license to use the Website or exclude you from any and of the promotional programs, and to block or prevent future access to and use of the website or the promotional programs if you violate any of these terms and conditions of use. Upon termination, the terms and conditions of use will still apply.
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from HHP solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Sales Tax and Customs Charges Information
Sales tax is charged on all sales made in the state of Michigan. Tax rate on all goods sold in the state of Michigan is 6%. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer's responsibility. Check with your country's customs office for current rates and fees.