Spiegler Brake Systems USA LLC d.b.a. Spiegler Performance Parts User Agreement
TERMS & CONDITIONS
1. Sales Policy. Spiegler Performance Parts a registered trade name of Spiegler Brake Systems USA, LLC; an Ohio limited liability company (“Seller”) reserves the right to decline to do business with any person or entity for any lawful reason whatsoever.
2. Pricing and Terms. The prices shall be Seller’s prices in effect on date of shipment, which are subject to change without notice. Buyer shall pay all federal, state, and local sales, use, property, excise, and other taxes imposed on or with respect to the goods sold. Orders are payable at the time of order, in form of certified check, money order, credit card (American Express, Master Card, Visa or Discover); or C.O.D. (any applicable C.O.D. charges shall be borne by the buyer). All orders are subject to credit approval. Buyer will be charged a $25.00 fee on any returned checks and future orders will be accepted by pre-payment only. After 60 days of the invoice date, all overdue balances on Net term accounts will be charged a monthly late fee of 1.5% on the unpaid balance.
3. Collection Costs. In the event that efforts are necessary to enforce payment, buyer agrees to pay on demand all costs of collection, legal expenses, and attorney fees incurred or paid by the Seller in collecting such payment and / or enforcing its rights.
4. Freight Policy. Seller shall deliver all goods to a carrier for transportation to buyer’s address, as given to Seller.
All costs of shipment and delivery shall be borne by buyer and all risk of loss shall pass to buyer when the goods are delivered to the carrier. In order to preserve any rights that Seller or buyer may have to assert a claim for damages against the carrier, whether under terms of an insurance contract, or otherwise, buyer must promptly report any damaged or missing items to the carrier. The failure of buyer to comply with these conditions shall irrevocable acceptance of the goods. Seller is not responsible for packages lost or damaged during return shipment. Spiegler reserves the right to select best method available for freight carrier used to expedite package/packages.
5. Return Policy (Conforming Goods). All returns of conforming goods are subject to a 20% re-stocking charge.
All returns must be accompanied by the original receipt, or a copy thereof, and buyer must receive prior authorization from Seller before return of conforming goods will be accepted. RMA (Return Merchandise Authorization) forms are available at www.spieglerusa.com. All returns must be shipped freight pre-paid and all
goods must be in new condition, suitable for resale, and must not have been installed or used prior to return. All returns must be received by the Seller within 30 days of receipt by the buyer; any returns received after 30 days without prior approval of the Seller shall be refused or returned to the buyer at the buyer’s expense. If the buyer requests that a replacement be sent immediately, the replacement product will be billed to the buyer’s account in accordance with Seller’s standard payment terms. Once a final decision of the return is made, a credit will be issued upon the allowance of the claim; if denied, buyer will be notified and the charge of replacement / return of merchandise shall be borne to the buyer. UPS return labels supplied for warranty returns will expire 14 days after issuance and will become void. Warranty return shipping expenses occurring after the expiration of the return label will be at the buyer’s expense. A replacement or second UPS return label will not be generated.
6. Non-Returnable Items. Non-returnable items are items damaged, incomplete, used or installed items and poorly packaged returned items. If the original sealed box has been open on electronic items (such as; but not limited to, Kellerman & Motogadget products) it is non-returnable. Custom made brake and clutch lines (selected colors other than clear line with silver fittings, brake and clutch line length adjustments and/or modifications of fittings) are non-returnable.
7. Buyer’s Right of Inspection. Buyer shall have the right to inspect the goods at the time and place of delivery. If buyer desires to make any claim for damages on account of the condition, quality, quantity or grade of the goods, within 10 days after delivery, buyer must give notice to Seller of such claim, and buyer must specify in detail the basis of the claim. The failure of buyer to comply with these conditions shall constitute irrevocable acceptance of
the goods.
8. Product Warranties. Seller warrants all proprietary products to be manufactured to a high standard of quality, and to be free from defects in material and workmanship, under normal use and service, and that such products, when used in accordance with supplied mounting and usage instructions, will be suitable for their intended purpose.
Seller’s warranty is only enforceable if Spiegler brake rotors are used in conjunction with Spiegler brake pads. THIS WARRANTY IS LIMITED TO REPLACEMENT OF ANY PARTS WHICH, WITHIN 30 DAYS AFTER DELIVERY TO THE ORIGINAL BUYER ARE DEMONSTRATED TO BE DEFECTIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED. EXCEPT AS SET FORTH HEREIN, SELLER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER. SELLER SHALL BE IN NO WAY RESPONSIBLE FOR PROPER USE AND SERVICE OF THE PRODUCTS. SELLER SHALL HAVE NO LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
9. Governing Law. The validity, construction and performance of this agreement, shall be governed by the laws of the State of Ohio.