Terms and Conditions

This Agreement was last modified on 12 June 2020.

APPLICABILITY

All sales of products by a vendor (“Vendor”) to Autopointe Quickfit are subject to these standard terms and conditions.  Terms and conditions of Vendor (whether contained in a purchase order confirmation or otherwise) which are in any way in conflict or inconsistent with or different or in addition to these standard terms and conditions (whether communicated orally or contained in a purchase order verification, delivery ticket, invoice or other written correspondence) shall not be binding on Autopointe Quickfit Ventures  and are rejected and shall not be considered applicable to any purchase of products or services by Autopointe Quickfit Ventures  unless expressly agreed to in writing by Autopointe Quickfit Ventures.  The supply of products to Autopointe Quickfit Ventures pursuant to any purchase order or similar order of products by Autopointe Quickfit Ventures shall be conclusive evidence of Vendor’s approval of and consent to the terms and conditions herein contained.

PACKAGING AND SHIPMENT

No charge will be allowed for packing, crating, cartage or storage. Goods shall be suitably packed to secure the lowest transportation costs and conform to the requirements of common carriers and any applicable specification. Vendor shall be liable for and shall promptly refund to Autopointe Quickfit the amount of any loss or damage due to Vendor’s failure to properly preserve, pack, package or handle such products. Shipment shall be made in accordance with Autopointe Quickfit’s instructions on the face of this Order. Vendor shall place this Order number on the outside of each shipment hereunder and on all documents relating to such shipment. Vendor’s serial numbers must be shown on all shipment papers and invoices, where applicable. Vendor shall be liable to Autopointe Quickfit for any increase in transportation charges resulting from Vendor’s failure to utilize the specified method of shipment or carrier.

INSPECTION AND ACCEPTANCE

Autopointe Quickfit reserves the right to inspect all Goods prior to shipment by Vendor. Vendor shall permit employees or representatives of Autopointe Quickfit to have access to Vendor’s facilities in order to perform said inspections at all reasonable hours provided that written notice is provided 24 hours in advance. At the time of inspection, Vendor shall make available to such representatives copies of all specifications, other technical data and any other relevant records applicable to the Goods ordered. All Goods shall nevertheless be received subject to final inspection and approval by Autopointe Quickfit after delivery at destination. Final inspection and acceptance shall be within 60 days. Defective Goods may be returned at Autopointe Quickfit’s option for refund, credit or replacement at Vendor’s expense. At Autopointe Quickfit’s, inspection may be performed on a statistical sampling basis. If the number of defects in the selected sample exceeds the allowable defects, the entire lot of Goods will be rejected. The rejected Goods may be at Autopointe Quickfit’s office be 100% inspected at Vendor’s expense.

WARRANTY

  1. In addition to any other warranty available under applicable law, Vendor warrants to Autopointe Quickfit Ventures, that the articles delivered hereunder are free from defects in materials, shall conform to the specifications represented by Vendor and/or requested by Autopointe Quickfit Ventures and shall be fit for their intended purpose.
  2. In addition to any other remedy available under applicable law, in the event of a breach of any warranty hereunder, (i) Vendor, at Autopointe Quickfit Ventures request and at Vendor’s sole cost and expense, shall promptly correct or replace such products and deliver such corrected or replaced Products to such location as Autopointe shall request or (ii) promptly provide to Autopointe Quickfit Ventures a complete refund of the purchase price and other amounts paid relating to such products. Autopointe Quickfit Ventures shall not be responsible for costs of removal and reinstallation.
  3. Autopointe Quickfit Ventures shall have the sole right to determine whether returned parts shall be refunded or replaced.
  4. Unless notice of a warranty claim or potential warranty claim is provided to Vendor by Autopointe Quickfit Ventures, Vendor’s responsibility under these warranties of any part or component repaired or replaced by Vendor pursuant to the warranty shall remain in effect for the fifteen (15) day period following delivery of the corrected or replacement product.
  5. Vendor agrees to assume round-trip transportation costs for defective or non-conforming part to and from Autopointe Quickfit Ventures facility.

NO THIRD PARTY BENEFICIARIES

Except as expressly provided herein to the contrary, the provisions of this terms and conditions are for the benefit of the parties to the terms and conditions and not for the benefit of any other party, person or entity.

CANCELLATIONS

Autopointe Quickfit Ventures shall be permitted to cancel at any time any purchase order or other order of Products hereunder. In the event such cancellation occurs within 60 days of the placement of such order, Autopointe Quickfit Ventures shall have no liability for such cancellation, and if such cancellation occurs after 60 days following placement of such order, Autopointe Quickfit Ventures shall be responsible for any direct costs associated with such order, but only to the extent that the products ordered or inventory and components relating to such order are not fungible, resalable or useable by another third party.

SHIPMENT/RISK OF LOSS

Except as may otherwise be agreed by the parties, the part being sold hereunder shall be delivered to Autopointe Quickfit destination and shall be deemed accepted by Autopointe Quickfit at Autopointe Quickfit’s facility.

Autopointe Quickfit shall take title at Autopointe Quickfit’s facility upon acceptance and shall bear all risk of loss from and after that time.

TAXES

The amount of Federal, State or local taxes applicable to the sale, use or transportation of the part sold and all duties, imposts, tariffs, or other similar levies shall be included in the prices and thus shall be paid by Vendor, except where Autopointe Quickfit Ventures shall otherwise agree.

ENTIRE AGREEMENT

Upon acceptance of this agreement or order by Vendor, the provisions hereof shall constitute the entire Agreement between the parties and supersedes all prior offers, negotiations and agreements relating to the subject matter hereof.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

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