Engine Parts Warehouse, Inc.
dba PBM Performance Products/Erson Cams/World Products
Standard Terms and Conditions
Terms of Payment: After credit has been established, Buyer shall pay the invoiced amount within thirty (30_days from the date of Seller’s statement. Past due balances are subject to an interest charge at the rate of one and one-half percent (1.5%) per month or portion thereof (but not to exceed the maximum lawful rate) until paid, including post-judgment. All sales are on a C.O.D. basis until sufficient good credit information has been received and processed so Seller may set up Buyer’s open account. Seller’s business month is from the 26th of each month to the 25th of the next month, not the 30th. Statements are due and payable the 25th of the following month. Buyer shall notify Seller of any disputed invoices within thirty (30) days from the date of the invoice. Should collection be required, Buyer agrees to pay reasonable attorneys’ fees plus all reasonable expenses incurred by Seller in enforcing this Agreement. Seller reserves a purchase money security interest in material sold to Buyer until such time as it has received payment in full. At Seller’s request, Buyer agrees to execute and deliver a separate financing statement and such additional documents as may be requested by Seller in order to perfect its security interest. Buyer shall pay a $25.00 fee for all checks returned for insufficient funds or for any other reason, and in such event, Buyer shall be placed on a C.O.D. cash-only/cashier’s check-only basis. Current accounts are eligible for a ten percent (10%) discount on purchased product (excluding tax and shipping & handling charges) if entire balance is paid by the 10th of the following month. Credit invoices will be issued for product and core returns and will appear on Buyer’s statement and should not be deducted separately by Buyer from balance due when such returns are delivered or when remitting payment.
Delivery: Title and risk of loss or damage to material shall pass to Buyer at the time Seller or its supplier delivers possession of the material to a carrier or to Buyer if there is no carrier. Seller will make carrier selection based on current rates, reliability and transit schedules. Shortages must be reported within 24 hours of receipt of order by Buyer. Buyer shall promptly report damage in transit from the carrier. Should Buyer request alternate transportation, Buyer agrees to pay any excess charges and be responsible for any damages or delays resulting from such carrier selection. Quoted shipping and delivery dates are approximate and are based on prompt receipt of all necessary information from Buyer. Seller will attempt to notify Buyer of any material delay and will specify the revised delivery date as soon as practical.
Warranty: Due to (i) ever-changing specifications by original equipment manufacturers, (ii) errors in supplier’s/vendor’s catalogs and (iii) wrong or incomplete information provided by Buyer regarding application, among other factors, the wrong parts may be ordered/sent. It is the Buyer’s or installing mechanic’s responsibility to check the component being installed/used for proper size and to verify that such part will correctly replace original parts. Seller will be pleased to exchange any incorrect parts prior to installation. Seller will not assume any liability for loss or damage if a wrong part is installed. Warranties of parts sold by Seller, if any, are issued solely by Seller’s supplier of such parts. Seller expressly disclaims any and all additional warranties, express or implied. Seller shall not be liable for labor charges by Buyer or its customers resulting from the removal, repair or replacement of any parts. Seller may assist Buyer in completing labor claim requests to be submitted to Seller’s suppliers, however any decision to honor any portion of said labor claim is the decision of such supplier, and not that of the Seller. Seller expressly prohibits and denies any person from issuing any express or implied warranty on its behalf.
Returns: Seller, at its election and as an accommodation to Buyer, may accept returns of conforming material and may pick up such returns at the premises of Buyer and deliver to Seller’s premises. Returns not picked up by Seller shall be sent by Buyer to Seller at Buyer’s cost. Merchandise for which return credit is sought from Seller by Buyer should be in such a condition to be restocked and resold and must be free of grease, dirt, damage, modification, installation, etc. Merchandise not purchased by Buyer from Seller will not be accepted as a return for credit. Returns accepted by Seller will be credited at Seller’s cost or at Buyer’s cost, if invoice number showing purchase is provided. Credits, if related return is accepted by Seller, will be issued/invoiced in the current month of business, if such returns are delivered to the Seller’s premises by the 20th. Special orders, drop shipment and other non-stocking items will be subject to a twenty percent (20%) handling charge.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.
This website may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that Engine Parts Warehouse Inc. is not responsible for the operation of or content located on or through any of these sites. Use of these sites is completely at your own risk.
If you access and use this website outside the United States you are responsible for complying with your local laws and regulations.
Choice of Law: The construction, interpretation and performance of this Agreement shall be governed by the laws of the Commonwealth of Kentucky.
Non-Waiver: No course of dealing, course of performance, or failure of either party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of such or any other term, right or condition. Determination that any term, right or condition of this Agreement is illegal or invalid shall not affect the validity or enforceability of the remaining provisions of this Agreement.
Limitation of Liability: Seller shall in no event be liable to Buyer or to any other person or company using any product or service supplied by Seller for indirect, special, reliance, incidental or consequential loss or damage arising out of this Agreement or any obligation resulting therefrom or the use or performance of the material, whether in an action arising out of this breach of warranty, breach of contract, delay, negligence, strict tort liability or otherwise.
Entire Agreement: The terms, rights and conditions contained in this Agreement supersede all prior oral or written understandings between the parties and shall constitute the entire agreement between the parties with respect to the subject matter of this Agreement. There are no misunderstandings or representations, express or implied, not expressly set forth in this Agreement.
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