The Parts Machine, LLC
TERMS OF SALE
1. Acceptance of Terms
Your purchase of any item or part (“item”) or Advertizing Services (defined below) from The Parts Machine, LLC (doing business as Thepartsmachine.com, hereinafter “Thepartsmachine.com”, “us”, “our”, or “we”) is subject to this Terms of Sale. By clicking the "Confirm Order” button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms.
This Terms of Sale is meant to provide general information regarding policies surrounding purchases from the Thepartsmachine.com Web Site. The Terms & Conditions of Use is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms & Conditions of Use.
2. Purchased Items
You agree that you have read our Web Site and/or researched independently and that you know what each of these items is and what you are buying. Thepartsmachine.com only represents that you will receive the items you purchase, as advertised on our Web Site. You agree that Thepartsmachine.com is not responsible for items received which you thought to be something other than the item advertised on the Web Site. We have done our best to display the items on Thepartsmachine.com as accurately as possible but we make no guarantee as to the actual appearance or functionality of the item.
You agree that all items sold by Thepartsmachine.com are sold as “AS IS”. You agree that all of the content and artwork on any Thepartsmachine.com item, including, for example, sweaters, shirts, and the images, illustrations, graphics, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Thepartsmachine.com, one of its affiliates, or by third parties who have licensed their materials to Thepartsmachine.com. You agree that your purchase of the item grants you only the right to use the item and associated intellectual property rights for personal, private, non-commercial use and that you may not copy, reproduce or otherwise use any of the intellectual property listed above associated with the item for any other use.
3. Advertizing Services
You agree that any amounts paid to Thepartsmachine.com for Advertizing Services, including but not limited to, placing an ad in the “Vehicle Classifieds” on our Web Site are not refundable for any reason whatsoever.
4. Correction of Errors and Inaccuracies
The information on the Thepartsmachine.com Web Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any error, inaccuracy, or omission and to change and 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. We apologize for any inconvenience this may cause. If you are not fully satisfied with your Thepartsmachine.com purchase please see our Return, Refund, and Exchange Policy.
In the event an item is listed at an incorrect price due to typographical error, or systems error, Thepartsmachine.com shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Thepartsmachine.com shall have the right to refuse or cancel any such orders whether or not the order or payment has been confirmed. If your credit or debit card has already been charged for the purchase and your order is cancelled by us, we will issue a credit to your card equal to the amount paid by you.
6. Estimated Delivery Time
Orders are processed within three (3) business days of receiving a confirmed payment. We work hard to ensure that orders will be delivered to you in a timely manner. Shipping times vary depending on the manufacturer of the item and your location. The average shipping time within the contiguous United States is between five (5) business days and four (4) weeks. Orders shipping from Europe may take between six (6) to eight (8) weeks to reach a United States delivery destination. Nothing in this paragraph is to be construed as a representation, warranty, or guarantee of delivery time by Thepartsmachine.com. The above are estimates are for illustrative purposes and your convenience only.
7.Return, Refund, and Exchange Policy
By purchasing an item or part from Thepartsmachine.com you agree any return, exchange, or refund is subject to approval or denial by Thepartsmachine.com in its sole and absolute discretion.
a. Return, Refund, or Exchange Request
Prior to any return, refund, or exchange you must complete a return, refund, or exchange request (“Request”) as described herein.
b. Additional Terms
You agree that all return, refund, or exchange Requests are subject to the following additional terms:
8. Changes to Your Order
You agree that Thepartsmachine.com is not responsible for reviewing, revising or cancelling orders, once an order has been placed. A Thepartsmachine.com employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
You agree all disputes arising out of, relating to, or connected with these Terms of Sale or your purchase of any item from Thepartsmachine.com will be exclusively resolved under confidential binding arbitration held in Westchester County, New York before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying New York law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale will be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a state court located in Westchester County, New York, or in a federal court for the Southern District of New York. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and New York courts in Westchester County, New York. By entering into these Terms of Sale, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Sale, your use of any part of the Thepartsmachine.com, or items purchased from us must be asserted individually. Notwithstanding anything to the contrary in this Section, Thepartsmachine.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
THE ITEMS 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, THEPARTSMACHINE.COM DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. THEPARTSMACHINE.COM 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. THEPARTSMACHINE.COM 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. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.Limitation of Liability
THEPARTSMACHINE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ITEMS ON THE THEPARTSMACHINE.COM SITE OR THE PERFORMANCE OF THE ITEMS, EVEN IF THEPARTSMACHINE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The Parts Machine LLC
11 West Prospect Ave.
Mount Vernon, New York 10550