Terms & Conditions of Use
Welcome to highwayandheavyparts.com (the “Website”). Highway and Heavy Parts, LLC 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.
Privacy
Please review our Privacy Notice, which also governs your use of HHP Services, to understand our practices.
Electronic Communications
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 Website 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.
Intellectual Property
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 Capitalized Content to HHP.
Links to Other Websites
HHP makes no representations 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. 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 websites 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 have the right to refuse or cancel any orders placed for product listed at the incorrect price. We 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 issue a credit to your credit card account in the amount of the incorrect price. Customers are advised to independently verify product specifications and suitability for their intended use directly with the manufacturer.
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.
Return Policy
- Chemicals and electrical parts are non-returnable and non-refundable.
- Open gaskets and gasket sets are non-returnable and non-refundable.
- Parts must have a $30 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. HHP will deduct the cost of return shipping from the refund.
- 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 30 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. Failure to report within this timeframe may result in forfeiture of claims for damage or defect.
- Wrong parts sent claims must be submitted within five days of receipt to qualify for return and will not be subject to restock. Failure to submit claims within this timeframe may result in forfeiture of claims for wrong parts.
- Credit will be issued based on the 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 customer’s responsibility. If a core is determined to have no value, the customer can request the core back at the customer’s 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 45 days from the delivery date to receive full credit. Cores returned within 46-50 days will receive 50% credit. Cores returned after 50 days will not receive credit.
- Cores deemed not like for like may be subject to a reduced core refund.
Rebuild Kits:
- Open Rebuild Kits will not be accepted.
- Minimum return shipping of $250.
- Rebuild Kit returns are subject to a 15% restock fee.
- Shipping labels and instructions will be provided.
Returns for Customers Outside the Continental US:
Prepaid shipping labels for part and core returns will not be provided for locations outside the Continental US. In these instances, the customer located outside the Continental US will be responsible for all return shipping charges.
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. 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.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
THIS WEBSITE, ANY PROMOTIONAL PROGRAM, AND ANY GOOD, PART, OR SERVICE IS PROVIDED OR SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, UNLESS OTHERWISE NOTED IN THESE TERMS AND CONDITIONS.
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 GOOD, PART, OR SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
HHP MAKES NO WARRANTY BASED ON ORAL STATEMENTS OR REPRESENTATIONS. ANY WARRANTY MUST BE IN WRITING AND SIGNED BY AN AUTHORIZED HHP REPRESENTATIVE. CUSTOMER AGREES NOT TO RELY ON ANY ORAL PROMISES.
Limited HHP Rebuild Kit Warranty
HHP offers a limited one-year warranty on specific rebuild kits sold directly by HHP. This warranty covers replacement of the rebuild kit only. Labor, progressive damage, and incidental or consequential damages are excluded. HHP may request return of the used or failed kit for internal quality control purposes. Return is not required to validate warranty eligibility. A prepaid return label may be provided. This warranty is issued by HHP and is separate from any OEM, vendor, or third-party warranties.
HHP disclaims any and all warranties, express or implied, for any merchandise offered on the website, any promotional program, and any product or service. This disclaimer does not apply to any product or warranty offered by the manufacturer of the item.
HHP is not responsible for any associated costs including, but not limited to, labor, towing, vehicle downtime, diagnostic fees, rental equipment, or lost revenue. These are considered incidental or consequential damages and are expressly excluded from all warranties and liabilities.
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 websites 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.
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 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 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 any liability shall not exceed one hundred dollars ($100.00). If any part of this limitation on liability is found to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect, and HHP’s liability will be limited to the maximum extent permitted by law.
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.
A part or good sold by HHP may be warranted by the manufacturer. No other warranties, either express or implied, are made by HHP. HHP hereby disclaims any warranty of merchantability or fitness for a particular purpose. Customer’s exclusive remedy for any defective good or part sold by HHP shall be, at HHP’s sole discretion, to secure replacement thereof or refund.
Applicable law may not allow the limitation of liability set forth in this agreement, 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 any liability shall not exceed one hundred dollars ($100.00).
Installation
HHP is not responsible for damage caused by misuse, abuse, faulty parts, and improper installation. It is your responsibility, or the installer’s responsibility, to ensure that the parts or goods are correct. HHP assumes no responsibility or liability for damages resulting from the installation of incorrect parts or goods. It is your responsibility to read the Technical Data Sheet, Material Safety Data Sheet, and any other materials or instructions for each product, tool, or equipment used and to follow the safety and installation recommendations of the manufacturer when using any parts or goods sold by HHP.
Indemnification
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.
Time 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.
Termination
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 all 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, or at HHP’s discretion. Upon termination, the terms and conditions of use will still apply.
Signatures
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. For orders placed via telephone, you agree that your verbal assent to these Terms & Conditions, as confirmed during a recorded call, constitutes your binding agreement to these terms.
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 customer’s responsibility. Check with your country’s customs office for current rates and fees.
Mobile Terms of Service
The Highway and Heavy Parts LLC mobile message service (the “Service”) is operated by Highway and Heavy Parts LLC (“Highway and Heavy Parts LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Highway and Heavy Parts LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Highway and Heavy Parts LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Highway and Heavy Parts LLC. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Highway and Heavy Parts LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, call the phone number provided on HHP’s website.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Entire Agreement & Limitation on Representations
These Terms & Conditions, along with any written warranty or sales documentation, represent the entire agreement between the customer and HHP. No employee, agent, or representative of HHP is authorized to make any oral statements or representations that modify or contradict these terms. Buyer agrees that they are not relying on any oral representations made before or after the purchase and that no warranty, promise, or guarantee exists beyond those expressly provided in writing.
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