Guten Parts, LLC. Terms of Use as of 01/01/2013 - Please Read Carefully
The Catalogue is confidential and proprietary and may be used by consumers only to search for and purchase products. By using the Catalogue, you consent to the Terms of Use available on this page. If you do not agree with these Terms of Use, then do not use the Catalogue.
These terms govern your use of the Online Order System portion of this website (the "Site") and the purchase of products from Guten Parts, LLC ("GP+S") at the Site. The Site is available only to registered individuals ("Customers") these terms will be legally binding and will affect, among other things, the liability of GP+S and you in transactions conducted at the Site. Customer accept these terms by creating a log in. These terms will be legally binding and will affect, among other things, the liability of GP+S and you in transactions conducted at the Site.
READ THEM CAREFULLY
User Account and Password—Upon registration, you will receive a username and password. You are the only authorized user of the GP+S account assigned to you. You are responsible for keeping your access information confidential. You will be responsible for all orders made at the Site using your access information even if by persons not authorized by you, unless the wrongful access is the fault of GP+S. Usernames and passwords are GP+S's property and may be changed or cancelled at any time at our discretion. If the Customer is a legal entity, the person accepting these terms represents that he/she is authorized to do so on its behalf and has the legal capacity to do so.
Confidentiality—The content at the Site is the proprietary information of GP+S or its suppliers and is confidential, unless it is publicly available through no fault of yours or is independently known or developed. In particular, all pricing information at the Site is confidential and commercially sensitive. You may not use any of the content except for reviewing and purchasing products from GP+S. This Site and its content may not be reproduced, duplicated, copied, resold or otherwise exploited for any commercial or competitive purpose not expressly permitted by GP+S. It is GP+S's policy to terminate the use rights of anyone who violates these important prohibitions.
Intellectual Property—GP+S owns and operates the Site. All content on, the software used at, and the presentation and compilation of information at the Site are protected by U.S. and international copyright and trademark laws and treaties. Except as expressly provided in this Agreement, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, decompile, reverse engineer, disassemble or commercially exploit such content without GP+S's written consent. All trademarks, service marks and trade names appearing at the Site are the property of their respective owners, and may not be used by you.
Orders/Purchases—Orders for products must be submitted in accordance with GP+S's online order procedures and must contain all required information. All orders are subject to acceptance by GP+S. You will pay GP+S's prices in effect at the time of your order submittal. Prices are subject to change from time to time without notice in GP+S's sole discretion. You should check pricing at the time of your order. In the event of product shortages, GP+S will use commercially reasonable efforts to notify you and to procure alternate supplies, but reserves the right to allocate products at its discretion. Work/Repair/Services at our Shop--You will be called and or emailed with estimate as soon as diagnostic work is done. There is a charge for towing and diagnostic work in all cases if we do not do the job, & in some cases if we do the job. Payment is due in full before vehicle leaves the shop. Vehicles left more than 1 day after completion of job will be charged $30 per day storage or the maximum amount allowed by law. Vehicles and or parts left more than 30 days maybe sold. There is no warranty when customer supplied parts or our shop installs used parts. Some other repairs will also require a teardown in order to determine the extent of necessary repairs. If you don't want us to perform needed repairs there will be a charge to remove, teardown, inspect, and make calls to price all the necessary parts. Remove all valuables from your vehicle before leaving. The shop is not responsible for items left in vehicle. You are responsible for having full coverage insurance on your vehicle before leaving it at our shop, contracting shop, or having us tow your vehicle. If you are concerned about any towing damage, you should call a service to do your towing. We are not responsible for any damage we, or any referred/affiliate towing company may cause while towing your vehicle. We do not carry insurance to cover towing damage. We simply offer this service as a convenience to our customers. Our standard warranty is 90 days or 3,000 miles, whichever comes first, except engine rebuilds and transmission rebuilds, which is 6 months or 6,000 miles from time of install, whichever comes first and is limited only to the repairs we made. Any exception would have to be made in writing and signed by (this shop). Neglect and abuse, including installing any performance parts, voids warranty. Our warranty does not cover consequential damage. Our warranty does not cover towing more than 15 miles from our shop where repairs were done. Any check, credit card, or other form of payment that is rejected at the paying institution for any reason whatsoever, you hereby grant us the right to repossess, by any means possible, the vehicle we performed work on and charge a repossession fee of $799 + the amount of the payment that you were charged + any other cost associated with the repossession, and a storage fee of $30 per day or the maximum amount allowed by law. You also agree not to stop payment on any credit card, debit card, or check that we or any of our affiliates accept from you. Our prices do not include sales tax, New Jersey Sales tax of 7% will be billed upon completion and or prior to vehicle leaving the shop. I authorize this shop to accept my verbal approval work to be performed on my vehicle. There is very likely to be additional repairs needed when doing custom non standard repairs.
Use Instructions and Restrictions—Products purchased from GP+S may have instructions on proper use and installation. Some products are designed only for certain, specific uses and GP+S accordingly sells them only for such permitted uses. Failure to observe and comply with such restrictions may expose the user to personal injury or death or property damage. You must convey all such instructions, warnings, and restrictions on use and installation of products to your customers and must use commercially reasonable efforts to ensure that end users observe and comply with them.
Limited Warranty—GP+S warrants full title of all products sold. GP+S does not manufacture any of the products and accordingly cannot and does not warrant or guarantee their performance, function, or non-infringement of third party rights. GP+S will pass to you any manufacturer's warranties for products purchased by you, to the extent permitted, and will use commercially reasonable efforts to assist you in presenting and processing any claims against the manufacturer under such warranty. Manufacturer warranties may not be available if the product (1) fails due to improper modifications, improper handling, improper installation, improper removal or improper repairs by persons other than GP+S or its authorized representatives; (2) is accidentally damaged, or subjected to abuse or improper use; (3) is altered or damaged such that GP+S cannot verify the defect with normal test equipment; or (4) has had its markings altered or removed.
Disclaimer—YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK. MATERIAL PARTS OF SUCH CONTENT ARE SUPPLIED BY THIRD PARTIES. SUCH CONTENT IS BELIEVED TO BE RELIABLE BUT GP+S CANNOT CONTROL OR VERIFY IT. ALTHOUGH GP+S TRIES AND INTENDS TO PROVIDE TIMELY AND ACCURATE INFORMATION, IT CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION OFFERED AT ALL TIMES. GIVEN THE MAGNITUDE OF ITS INVENTORY AND CONSTANTLY CHANGING STOCK CONDITIONS, GP+S CANNOT BE RESPONSIBLE FOR OUT OF DATE APPLICATIONS, CHANGES IN WARRANTY, OR UNTIMELY PRODUCT INFORMATION FROM SUPPLIERS. THE SITE MAY BE UNAVAILABLE AT TIMES AND MAY PRODUCE UNINTENDED OR ERRONEOUS RESULTS WHEN ACCESSED BY CUSTOMERS. YOU ACCEPT THE SITE "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY WHATSOEVER. GP+S EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Limitations on Liability—GP+S does not control the condition, quality, timing, safety or legality of any product delivered by our contracted carriers or employees. GP+S only facilitates communication and transactions. In the event that you have a dispute with one or more independent buyers or sellers, you acknowledge that GP+S (and its officers, directors, agents, subsidiaries and employees) will not be liable for any claims, demands, damages, costs and expenses of any kind or nature relating in any way to such disputes. NEITHER GP+S NOR ANY OTHER PARTY INVOLVED WITH THE SITE SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF THIS AGREEMENT, YOUR USE OF THE SITE OR ITS CONTENTS, OR YOUR PURCHASE OF PRODUCTS ONLINE (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR COMPUTER FAILURE OR MALFUNCTION), EVEN IF YOU HAVE NOTIFIED GP+S IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. GP+S'S MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS SITE OR YOUR PURCHASE OF PRODUCTS SHALL IN NO EVENT EXCEED THE AMOUNT OF PAYMENTS TO GP+S FOR THE PARTICULAR PRODUCT GIVING RISE TO THE CLAIM. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. Consult your state's laws.
Indemnification—You agree to indemnify, defend and hold harmless GP+S and its parents, subsidiaries, affiliates, officers, directors, agents and employees, from any claim or demand, including reasonable attorneys' fees and other legal costs, made by any third party due to or arising out of your breach of this Agreement, your violation of any law or the rights of a third party, or any other wrongful conduct or misconduct hereunder or in marketing, selling, or using any products purchased from GP+S. You shall cooperate fully in any defense of such claim. GP+S reserves the right to control the defense of any such claim.
General Terms—(a) Any claim arising out of this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, Chicago, Atlanta, or New York, at the election of the claiming party. Either party may seek equitable relief from any court of competent jurisdiction. This provision shall survive the termination of this Agreement. This Agreement will be governed by and in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. (b) GP+S reserves the right to change this Agreement (on a going forward basis), the Site, and its content at any time. You may be asked in the future to accept such changes before accessing the Site. Your continued use of the Site after any such change is made constitutes acceptance of such change. If you do not agree to any such changes, your recourse is to discontinue use of the Site. (c) If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between you and GP+S and supercedes all proposals and other communications made between the parties, written or oral. This Agreement can only be changed as stated above. GP+S General Business Terms available on request.