My Cart
0
$0.00
Search

Terms and Conditions

Introduction

Please read carefully, before submitting your order.

The Terms & Conditions tell you important information about us and how we handle your order.

If you have any questions or concerns, do not hesitate to contact us. Contact Us

We may update these Terms and Conditions without prior notice, therefore it is important that they are read through before every confirmation of an order.

  • Every Customer is obliged at the moment of ordering to become acquainted with our Terms & Conditions. Before placing the order:
  • All business account registrations have to include a valid company registration number. Alternatively, we will reject the account application/order.
  • The prices of all products available in our shop are shown as:
    • Price (+tax) (net Price).
    • Any applicable sales tax will be added before confirming the order.
    • Any applicable import taxation, import duties, import fees are not included in the shown pricing or the sale, unless otherwise clearly indicated.
  • The spareparts supplied under these Terms & Conditions are traded by Spares USA LLC, under the registered company number 32-004357947 ("SPARESUSA.NET").

1. General Terms and Conditions of Sales

1.1 These Terms & Conditions apply to all national and international sales of products by SPARESUSA.NET, unless otherwise explicitly agreed upon in writing. Consequently, SPARESUSA.NET does not accept to be bound by a customer’s general terms and conditions forwarded to SPARESUSA.NET alongside with purchase orders.

1.2 SPARESUSA.NET accepts orders from trade/business customers ("customers") and from consumers and private persons.

1.3 With the confirmation of an order, the customer is accepting and confirming that the ordered parts are for either business purposes or for private consumption.

2. Orders

2.1 Orders placed through SPARESUSA.NET’s website - www.sparesusa.net - by clicking the button "checkout" and flagging the acceptance of SPARESUSA.NET's "Terms & Conditions", are considered binding and as a confirmation that the person placing the order is authorized by the registered company account under which the order is placed, to place the order.

2.2 For customer accounts accepted for prepayment only, the customer is shown the details of the order, including total order price (incl. all local sales taxes and shipping costs), before confirming the order.

2.3 For customer accounts with credit terms, the customer is shown the details of the order, including total order price (incl. all local sales taxes) before confirming the order.

2.4 Upon SPARESUSA.NET’s receipt of the order, the customer will receive an automated e-mail containing the following information:

  • Description of items, amount, price
  • Total order price (including local sales taxes)
  • Delivery expenses that may arise

2.5 The aforementioned automatic e-mail is an order confirmation only. The order will subsequently be reviewed by SPARESUSA.NET and processed in SPARESUSA.NET’s system. For clarification, SPARESUSA.NET may contact the customer through the e-mail address provided when submitting the order, if any changes or notes are added to the order, including but not limited to:

  • If replacements of a part number have been made by SPARESUSA.NET’s suppliers, for the customer's acceptance or cancellation.
  • If a part is in backorder with SPARESUSA.NET’s supplier, for the customer’s acceptance to keep the order or cancellation.
  • If any questions regarding the order arise with the sales staff of SPARESUSA.NET.

2.6 SPARESUSA.NET reserves the right to cancel any order by a customer with whom a dispute exists regarding payment for a previous order, or for any other legitimate reason associated with the order's unusual nature. SPARESUSA.NET shall not be liable for any loss incurred by the customer in connection with such cancellation. If SPARESUSA.NET refuses an order, the customer will be informed immediately by e-mail.

2.7 SPARESUSA.NET will save data submitted by the customer for documentation and processing of the order.

3. Duties & Taxes

3.1 The price shown is exclusive of all local duties and taxes.

3.2 Any duties or taxes which are applicable in the customer’s local country or state where the parts are delivered are the customer’s own responsibility. SPARESUSA.NET is not in any way responsible for any duties, charges, or taxes which are applicable for the delivery in any countries outside the USA. It will at all times be the customer’s responsibility to know the importing laws of the country they request delivery to.

3.3 If a shipment is delayed in local customs offices before clearance, SPARESUSA.NET is not to be held responsible for any costs or loss the customer will face or incur because of this delay.

4. Payment

Credit Card

4.1 All payments must be effected by credit card or any other payment option offered on the website, using the online ordering facility. Customers wishing to use alternative forms of payment must contact SPARESUSA.NET directly to arrange and place the order.

4.2 By confirming the payment by credit card, the confirming person warrants to have the necessary authorizations to use the method of payment by credit card issued to the customer. SPARESUSA.NET reserves the right to cancel any order and/or shipping (regardless of its nature and the delivery stage it is at) if the customer fails to pay any partial amount or the order's full sum. Notwithstanding the foregoing, any new order may be canceled if a dispute exists regarding the customer’s payment for a previous order. In order to ensure greater safety for SPARESUSA.NET customers, SPARESUSA.NET reserves the right to request, if necessary and before the order is dispatched, a copy of the ID card for all payments made by credit card. For any amounts exceeding 500 (five hundred) DOLLARS, including taxes, SPARESUSA.NET reserves the right to ask for a certified copy of the ID card of the person authorized by the customer to place the order. In order to prevent any online fraud, the details given when placing an order may be transferred to third parties for verification purposes.

4.3 The payment gateway of SPARESUSA.NET is provided by STRIPE transaction systems, which assures all details provided for a payment by credit card are encrypted to guarantee the highest possible standard of safety and confidentiality, and they are stored in a secure server.

Alternative Payment Methods

4.4 The customer can at all times request "credit terms" or "payment before shipment" terms to be able to place orders without using credit card prepayment. For such a request, please contact SPARESUSA.NET directly to undergo the application procedure.

4.5 All prices paid are in USD, unless otherwise clearly stated.

5. Supply & Delivery

5.1 The order placed by the customer can include parts with different supply schedules, which will be advised by the "delivery" information given for each part at the time of order. Ordered parts not present in SPARESUSA.NET stock will be ordered from the relevant suppliers immediately after receipt of the order and will be ready for shipment within the mentioned time frame given in the "delivery" information. The information is to be used as a guideline and not a guarantee. If the customer has any doubts or questions regarding the delivery time of a certain product, the customer is encouraged to contact SPARESUSA.NET before placing the order.

5.2 The delivery time frame can be extended depending on the content and combination of the order.

5.3 If an order contains parts with different supply schedules, SPARESUSA.NET will, unless otherwise agreed, dispatch the full order when the order is complete.

5.4 If an order only contains items in stock, SPARESUSA.NET will make its best effort to dispatch the same day.

5.5 An order is sent by SPARESUSA.NET’s choice of courier and method at all times, depending on the shipment method available for the place of delivery in question. All orders and products are delivered ex-works, cf. Incoterms 2020, unless otherwise agreed.

5.6 Customers are entitled to use their own courier, subject to approval by SPARESUSA.NET that the shipment can be organized.

5.7 SPARESUSA.NET cannot be held responsible for any goods lost or damaged on shipments organized by the buyer/customer.

5.8 Any special requirements for an order or shipment must be given at the time of placing the order. In such cases, the shipment price quoted in the order estimate/confirmation on the website will not apply but will be altered depending on the customer’s special requirements.

5.9 Upon delivery of the order, the buyer/customer must report any discrepancies or shortages no later than 2 days after signing for the delivery with the courier/transporter.

6. Claims and Limitation of Liability

6.1 The customer acknowledges that SPARESUSA.NET is not the manufacturer of any of the products supplied, and therefore acknowledges when confirming an order:

  • Since SPARESUSA.NET only sells to businesses with a valid company registration number, ALL sales are considered trade sales.
  • Any warranty which would apply to a purchased product will be mentioned in the order confirmation, if it applies.
  • Any warranty request addressed to SPARESUSA.NET will be passed to the relevant supplier for validation and any outcome will be communicated to the customer.
  • For any products which do not have a manufacturer warranty, SPARESUSA.NET warrants that the product sold is conforming with the description given on the website/order confirmation.

6.2 The customer is obliged to examine and sign for the products upon receipt. Claims for discrepancies or shortages in a delivered order must be made to SPARESUSA.NET no later than 2 days after receipt of the ordered products.

6.3 Any claim for lack of conformity of a product must be made to SPARESUSA.NET immediately after the defect has been discovered, but no later than 3 weeks after receipt of the product.

6.4 Any claim will be reviewed, provided that:

  • The product has been correctly stored.
  • The product has not been altered in any way, including by any third party when installing the part into a vehicle.
  • Claims sent for any electronic components will only be reviewed if the claim contains proof and evidence that the component has been installed following the Authorized Dealer workshop manual and procedures.
    • SPARESUSA.NET only sells the components and has no liability for providing installation manuals or processes in accordance with the components supplied.

6.5 If SPARESUSA.NET has been duly informed and it has been proven that the products were defective at delivery and that SPARESUSA.NET is therefore liable, SPARESUSA.NET shall at its own discretion have the right to elect - without any further liability, including but not limited to payment of damages or reduction of purchase price - to repair or renew defective parts or to replace the delivered products. SPARESUSA.NET does not cover the costs if the customer purchases a replacement item from an alternative supplier or source.

6.6 SPARESUSA.NET is not liable for any defect due to misuse, alteration or modification, misfitting, or any defect occurring after delivery. The customer shall prove that the relevant maintenance and operating procedures have been complied with.

6.7 If repair or replacement, as per 6.6 above, implies that the product will have to be dismounted, the customer shall perform the dismounting and mounting of the repaired or replaced products at its own cost.

6.8 SPARESUSA.NET shall not be liable for, and therefore expressly disclaims, any remedy, damages, or compensation for trading loss, operating loss, loss of profits, and similar financial consequential losses or indirect losses, including claims from third parties. Accordingly, CISG Art. 74, cf. Art. 45, is deviated from.

6.9 To the fullest extent permitted by law, the customer agrees to limit SPARESUSA.NET’s liability for any and all claims, losses, costs, and damages of any nature whatsoever, so that the total aggregate liability of SPARESUSA.NET shall not exceed the total purchase sum paid by the customer to SPARESUSA.NET for the relevant products.

6.10 Any claim must be put forward to SPARESUSA.NET by e-mail to: sales@sparesusa.net

7. Product Liability - Limitations

7.1 SPARESUSA.NET shall not be liable for any damage due to product liability.

7.2 Notwithstanding clause 7.1, the following specific limitations shall apply:

  • 7.2.1 SPARESUSA.NET shall not be liable for any damage to property caused by the product after it has been delivered and while it is in the possession of the customer, or to products of which the customer’s products form part.
  • 7.2.2 If SPARESUSA.NET incurs liability towards any third party for such damage to property as described in 7.2.1, the customer shall indemnify, defend, and hold harmless SPARESUSA.NET.
  • 7.2.3 SPARESUSA.NET shall not be liable for, and therefore expressly disclaims, any remedy, damages, or compensation for trading loss, operating loss, loss of profits, and similar financial consequential losses or indirect losses, including claims from third parties.

7.3 The limitations set out in 7.2 shall not apply where SPARESUSA.NET has been guilty of gross negligence.

8. Returns

8.1 Any returns in any form are not accepted without prior agreement and confirmation by SPARESUSA.NET.

9. Force Majeure

9.1 SPARESUSA.NET cannot be held liable for shortages, lack, or delays in delivery caused by war, riots, civil unrest, governmental intervention or intervention by another public authority, fire, machine damage, strike, lockout, epidemics or pandemics, export and/or import restrictions, shortage of labor, fuel, or any other reason out of the control of SPARESUSA.NET which causes delay or prevents production or delivery of the products ordered.

10. Governing Law and Venue

10.1 These Terms & Conditions shall be interpreted in accordance with and governed by the CISG. Any and all disputes relating to or arising in connection with these Terms & Conditions which cannot be resolved in accordance with the CISG shall be resolved in accordance with Danish law. The parties consent to the exclusive jurisdiction and venue in the Danish Maritime and Commercial High Court (in Copenhagen), unless SPARESUSA.NET should wish to bring the case before another competent court of law.