a.) SOLD "AS-IS", No Warranty is Expressed or Implied.
ALL ITEMS ARE SOLD ON AN “AS-IS”, “WHERE-IS” BASIS ONLY; we cannot give
any guarantees. Item is sold without any sort of guarantee whatsoever;
includes form, fit, function, condition, age of item, application, use
on any year-make-model of vehicle, etc. Why? For example, it is
impossible for Seller to say if our part "will fit" any vehicle Seller
cannot see or measure first himself. Instead, fitment assessment is solely up to the Buyer. Buyer agrees that auction photos, “item specifics”, auction title, auction description, etc. are collectively
considered a part of this Agreement and are not intended to singularly
be a full and accurate description of the item. Buyer is encouraged to
make an appointment at our location to physically inspect item before
Buyer places a bid. Buyer agrees that Buyer's bid is Buyer's
confirmation that this item is well-suited for Buyer's purposes,
standards, fitment to their project and/or vehicle. Buyer
agrees that Buyer's bid is acceptance of all of Seller's terms written
herein including Seller's return policy, Seller's restocking fee, and
Buyer's responsibility to pay all shipping costs to from and to Seller.
Seller participates in eBay's Non-Paying-Bidder Program and reports all
non-paying bidders to eBay. Regardless of Buyer's type of electronic
device, and what portion of this auction may or may not be displayed on
that device, Buyer is held accountable to ALL the information, photos, and terms contained herein.
b.) All items Sold Need Some Repair Before Use. ALL
ITEMS SOLD NEED TO BE REPAIRED / reconditioned / rebuilt / refreshed /
overhauled / inspected / lubed / approved. etc. by a licensed
professional of Buyer's choosing BEFORE
use or installation, regardless if part/item is advertised herein as
"NOS", "new", “used”, “vintage”, “old”, “working”, “not-working”, or
other. Small parts may be missing and/or minor repairs may be needed on
EVERYTHING sold. ALL items listed for sale have not been bench-tested or
operationally diagnosed or deemed "safe" for use or automotive use in
any way. Notice:
ALL automotive parts/items herein are to be considered NOT ROADWORTHY
in their sold as-is condition. Same goes for home improvement,
electrical, or any other item of parts sold, since these items may be up
to 75 years old and are all sourced from car auctions, estate sales or warehouse inventory clearances and therefore have an uncertain past and operational safety of said part/item is uncertain.
c.) Choice of Law and General Terms. The laws of the State of California, County of Los Angeles, City of Santa Clarita
shall govern the validity of this Agreement, the construction of its
terms and the interpretation of the rights and duties of the parties
hereto. This
Agreement is the product of negotiations of the parties, and in the
enforcement or interpretation hereof, is to be interpreted in a neutral
manner, and any presumption with regard to construction or
interpretation for or against any party by reason of that party having
drafted or causing to be drafted this Agreement, or any portion thereof,
shall not be effective in regard to the interpretation thereof.
d.) Arbitration.
Any controversies arising out of the terms of this Agreement or its
interpretation shall be settled in Small Claims Court or binding
arbitration in accordance with the rules of the American Arbitration
Association, and the judgment upon award may be entered in any court
having jurisdiction thereof. The site of the Small Claims Court and/or
Arbitration and/or Civil Action is to be the Santa Clarita, CA venue and/or jurisdiction. Buyer
is liable for any and all legal fees, related expenses, and Seller's lost
revenue (Seller's time calculated at $90 per hour) caused to the Seller
by Buyer or Buyer's post-auction actions including, but not limited to:
posting any Negative or Malicious Feedback that
hurts Seller's business or online reputation, slander, libel,
defamation of character, intentional infliction of emotional distress
and harassment and any loss of business to Seller or Seller's
livelihood. In addition, Seller may file US Postal Service fraud claim
vs. the Buyer.
e.) Headings.
Section headings are not to be considered a part of this Agreement and
are not intended to be a full and accurate description of the contents
hereof.
f.) Waiver.
Waiver by one party hereto of breach of any provision of this Agreement
by the other shall not operate or be construed as a continuing waiver.
g.) Assignment. The Parties shall not assign this Agreement, without the other Party’s prior written consent.
h.) Notices.
Any and all notices, demands, or other communications required or
desired to be given hereunder by any party shall be in writing and shall
be validly given or made to another party if personally delivered or
served, or if deposited in the United States mail, certified or
registered, postage prepaid, return receipt requested. If such notice or
demand is served personally, notice shall be deemed constructively made
at the time of such personal delivery or service. If such notice,
demand or other communication is given by mail, such notice shall be
conclusively deemed given five days after deposit thereof in the United
States mail addressed to the party to whom such notice, demand or other
communication is to be given as follows:
~ If to the Buyer: the account address for the Buyer supplied by eBay and shown on the eBay invoice.
~ if to the Seller: the address for the Seller shown in the eBay invoice.
Any
party hereto may change its address for purposes of this paragraph by
written notice given in the manner provided above. E-mail,
non-certified/non-registered mail, and/or fax are examples of actions
that do not constitute notice under the terms of this paragraph.
i.) Preparation of the Agreement.
This Agreement in full shall be construed as though all Parties hereto
participated equally in the preparation of this Agreement.
j.) Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
k.) Entire Understanding.
This document and any exhibit attached constitute the entire
understanding and agreement of the parties, and any and all prior
agreements, understandings, and representations are hereby terminated
and canceled in their entirety and are of no further force and effect.
l.) Unenforceability of Provisions.
If any provision of this Agreement, or any portion thereof, is held to
be invalid and unenforceable, then the remainder of this Agreement shall
nevertheless remain in full force and effect.
m.) Voluntary Agreement.
The Parties hereto, and each of them, represent and declare that they
have carefully read this Agreement and know the contents thereof and
that they signed the same freely and voluntarily. Buyer acknowledges
that by placing a Winning Bid,
Buyer voluntarily entered a legally binding contract to commit to buy
this item from the Seller. Buyer agrees to limit any possible
remuneration to the Buyer to an amount not to exceed the original
winning bid price Buyer paid for the item (shipping costs not included
in that amount). Buyer
acknowledges that he/she has read this web page & eBay's "Rules for
Buyers" in their entirety, and has unconditionally accepted all terms
included therein. Buyer also agrees to indemnify and hold harmless the
Seller and his immediate family and/or associates for liability from any
and all claims arising out of Buyer's purchase, use, sale, or other
distribution of this item