Terms and Conditions
TERMS OF USE INTRODUCTION: Welcome to http://www.imcparts.net (the "Website"). The Website is owned and operated by Interamerican Motor Corporation ("IMC", "us" or "we"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control. Incorporated into these Terms of Use are the Purchase Terms for our products. Please read these carefully, since they govern your purchases from IMC. PRIVACY AND YOUR ACCOUNT: Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. CONSIDERATION: You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website. RESTRICTIONS ON USE; LIMITED LICENSE: We are granting you the right to use the Website solely to facilitate your purchase of automotive parts from IMC in furtherance of your retail automotive parts sales or automobile repair business. You are not permitted to use this Website or any other IMC website for any other purpose and is expressly prohibited. All content contained on the Website (collectively, "Content"), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions. Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a "Mark") contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your business use, and not for distribution or resale, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use or your facilitation of the use, of Content on any other website or computer environment is strictly prohibited. The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other "hidden text" utilizing any such intellectual property, without our prior express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You may not create a hyperlink to the Website without our express written consent, which we may grant or withhold in our sole discretion. USE AND PROTECTION OF PASSWORD AND ID: IMC may, in its discretion, assign a password and account ID to you so you can access certain areas of the Website to, among things, purchase products. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and IMC shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND IMC, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify IMC of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website's security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID. DISCLAIMER OF WARRANTIES: THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED,MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY). WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. CONFIDENTIALITY: In providing access to the secured portion of the Website IMC will transmit confidential information to including but not limited to inventory and pricing information (collectively, "Confidential Information"). You agree that you will treat Confidential Information with at least the same care as you treat your own confidential or proprietary information (but with no less than reasonable care) and that you will not (a) directly or indirectly use, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose or cause to be disclosed, or otherwise transfer any Confidential Information of IMC to any third party, or (b) utilize Confidential Information for any purpose, except as expressly contemplated by this Agreement or authorized in writing by IMC. You will limit the disclosure of IMC's Confidential Information, including without limitation access to the Price and Inventory availability, to employees with a need-to-know and who have been advised of the confidential nature thereof. You shall within ten (10) days after IMC's request: (a) discontinue all use of any Confidential Information; (b) return to the IMC all materials furnished by IMC that contain Confidential Information; (c) erase or destroy any Confidential Information contained in computer memory or data storage apparatus; and (d) remove the Confidential Information from any software retained by you that incorporates or uses the Confidential Information in whole or in part. INDEMNIFICATION: You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the "Indemnified Parties"), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY SERVICES RELATED TO THE WEBSITE OR $100.00. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU. COPYRIGHT COMPLAINTS We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. AMENDMENT: We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use. TERMINATION: These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:
We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright. The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination. APPLICABLE LAW AND DISPUTES: THESE TERMS OF USE, YOUR RIGHTS AND OBLIGATIONS, OUR RIGHTS AND OBLIGATIONS, AND ALL ACTIONS CONTEMPLATED BY THESE TERMS OF USE, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF COLORADO, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW AND AS IF THESE TERMS OF USE WERE A CONTRACT WHOLLY ENTERED INTO AND WHOLLY PERFORMED WITHIN THE STATE OF COLORADO. ANY DISPUTE REGARDING THESE TERMS OF USE SHALL BE BROUGHT INDIVIDUALLY (NOT AS PART OF A CLASS ACTION) IN COLORADO STATE COURT IN JEFFERSON COUNTY OR THE U.S. DISTRICT COURT FOR THE STATE OF COLORADO; AND, ENTRANT EXPRESSLY CONSENTS TO THE PERSONAL JURISDICTION OF SUCH COURTS. IN ANY SUCH ACTION, YOUR RECOVERY SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED IN CONJUNCTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTS PURCHASED AND EXPRESSLY EXCLUDES ALL OTHER DAMAGES OF ANY KIND (SUCH AS, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES). MISCELLANEOUS LEGAL PROVISIONS: We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other. If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter. Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
IMC's Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Purchase Terms PRICE: All prices are subject to change without notice. PAYMENT TERMS: IMC reserves the right to establish and modify from time to time its payment terms for Customer at any time at IMC's sole discretion. New accounts are typically shipped C.O.D. until approved credit is established by IMC at its discretion. In addition to any of its other rights and remedies, upon any non-payment or untimely payment by Customer, IMC may amend or set new payment terms for Customer at its sole discretion. OPEN ACOUNTS: All invoices are to be paid by Customer according to their terms. Customer agrees that a reasonable late charge of one and one-half percent (1.5%) of the unpaid balance per month will be charged on all accounts 30 days or more past due. Customer understands that terms set by IMC for Internet purchases may differ from past terms offered Customer for its non-Internet purchases. IMC may, in its election, create a floating account for Customer which would permit Customer to purchase products up to a certain cap or maximum amount and IMC would simply bill Customer monthly for purchases made during the prior month. IMC reserves the right to amend the cap at any time at its sole discretion. ORDERS: Customer will make every effort to use the part number indicated in the catalogue when placing its order to assure accuracy and rapid processing of the order. Every effort will be made to ship approved orders on the day such order is received, subject to availability of inventory and the timing of the order. BACK ORDERS: All orders will be processed subject to inventory availability. Customer understands that sometimes inventory information contained in the Site may be inaccurate or outdated. MINIMUM ORDERS: All orders placed by Customer shall adhere to the minimum ordering criteria established by IMC from time to time. Customer acknowledges that IMC may set minimums according to any number of criteria, including but not limited to quantity, style, size and/or product category. Any order failing to adhere to IMC minimums may be rejected or cancelled by IMC at any time in its discretion. SHIPPING: All shipping is F.O.B. our warehouse (currently in Canoga Park, CA) and shall be sent by ground unless otherwise agreed in writing by IMC. SHIPPING CLAIMS: All visible damage should be claimed against the CARRIER immediately upon arrival. Hidden damage should be claimed against the CARRIER as soon as it is discovered. The foregoing notwithstanding, all errors in any shipment (other than manufacturing defects) must be reported by Customer to IMC in writing within five (5) calendar days after receipt of such shipment by Customer or its designee. Customer acknowledges and agrees that in no event will any refund be issued. FREIGHT POLICY: IMC will participate in the cost of freight with our customers. The premise is that with increased purchasing levels by our customers, IMC's freight participation will increase. The freight participation allowance is calculated based on achieved loyalty levels. Please contact your IMC Sales Representative for more information. RETURNS/EXCHANGES: All returns and/or defective items must contain the correct invoice and packing list number. Each return must be tagged by Customer indicating the reason for return along with the valid Return Authorization Number issued by Customer's salesman, or else it will not be accepted. Returned merchandise must be new, in original package and currently stocked by IMC. All returns must be shipped freight prepaid by Customer. Customer shall be charged a 10% restocking fee unless an item is found to be detective. There shall be no return or warranty on any electrical part sold by IMC, with the exception of Bosch products, which are subject to the Bosch Warranty Policy. LIMITED WARRANTY POLICY:Unless otherwise indicated, Customer agrees to first seek redress from the manufacturer of the part[s] in question to pursue a warranty claim. All merchandise is guaranteed by IMC to be free from defects in material and workmanship for a period of 24 months or 24,000 miles from date of purchase, whichever comes first, provided that the total liability of IMC shall be limited to replacement of the part only and does not include labor or consequential damages of any kind. If the manufacturer's warranty exceeds IMC's then the manufactures' terms will apply. The warranty period begins when the product is purchased by the end user. All warranty claims must include the invoice number; a copy of the Repair Order documenting time and method of installation, a copy of the Warranty Repair Order, and the mileage accumulated after the claimed item was installed. Any alteration of the foregoing policy or an assumption of any liability beyond the policy implied or otherwise, shall not be binding upon the Company, unless the same is committed to writing and signed by an officer of IMC. Alteration of any part voids any warranties hereunder. DISCLAIMER: Every effort has been expended to assure the accuracy of the information included on this site. No responsibility can be assumed or accepted as a result of error in specification. All references to vehicle models, manufacturers and photos are supplied for informational purposes ONLY and are not intended to imply affiliation or approval by the Vehicle or Original Equipment manufacturers. OE numbers are used for reference only. In addition to any other disclaimers or limitations of liability, IMC does not warranty the legality of its products which do not comply with local, state or federal regulations, nor does IMC recommend illegal modifications. SOME PRODUCTS OFFERED BY IMC ARE NOT LEGAL FOR STREET USE AND MAY BE FOR OFF-ROAD OR RACING ONLY. Vehicle regulations vary greatly from state to state. IMC RECOMMENDS THAT YOU TO CHECK LOCAL LAWS AND REGULATIONS FOR YOUR AREA BEFORE ORDERING ANY PART. IMC does not warranty the performance, performance enhancement or performance characteristics of any product it sells. PLEASE OBEY ALL TRAFFIC AND OTHER LAWS. RESALE: California firms purchasing merchandise for resale must have a valid Resale Card on file at IMC, which IMC reserves the right to inspect upon demand. RESERVED RIGHTS; AMENDMENT: IMC may amend, supplement or replace these Terms and Conditions at any time, in IMC's sole discretion, and without advance notice to Customer. PRODUCT CHANGES: IMC reserves the right, without notice and without incurring any liability whatsoever to Customer, to modify or change product brand, content, labels, packaging and/or price of the merchandise ordered by Customer, whether due to market conditions, raw material availability, in order to correct defects or otherwise, which factor[s] may or may not be beyond the control of IMC. JURISDICTION; VENUE: Each party consents to the exclusive jurisdiction and venue of the state courts located in the County of Los Angeles and, as applicable, the federal courts of the Central District of California, in connection with any dispute arising hereunder or in any way related to IMC or its products, and further consents and submits to the personal jurisdiction of those courts with respect to any such dispute. ATTORNEY FEES: In the event either party hereto shall institute an action to enforce any rights hereunder, including any action for collection instituted by IMC or its assignees, the prevailing party in such action shall be entitled to seek and collect attorneys' fees and litigation expenses. CORE POLICY: All cores being returned to IMC must be shipped Freight Prepaid. All cores will be examined upon receipt according to a commercially reasonable timetable. IMC reserves the right to determine the acceptance or rejection of cores in its sole discretion. Unusable cores will be returned as per Customer's instructions at Customer's cost. Failure to provide contact or notification instructions to IMC permits IMC, at its election, to keep or dispose of the core item[s] returned. Cores will be held for 30 days after notification by IMC and thereafter IMC may claim ownership or dispose of such item[s] in its discretion. Cylinder Head Cores must be complete and in original box. All Bosch cores must meet the requirements of the Bosch Exchange Program Guidelines. Cores which have any signs of tampering or disassembly will be refused. The following characteristics are most apparent and inherent in unusable cores: HEAD: Three or more broken fins, broken rocker arm housing, holes in exhaust or intake chamber walls, cylinder diameter fly cut larger than standard, excessive damage caused by foreign object loose in combustion chamber. CRANKS: Cracked or broken, more than two journals requiring welds, stripped threads woodruff keys slots mutilated, more than four dowel pin holes, or elongated pin holes. Crankshaft journals must be grindable to no more than .020" undersize. Crankshafts requiring .030" or more will be refused. RODS: Severely burnt journal diameters, severely bent, missing or mismatched caps. We welcome and encourage your suggestions and recommendations for additional items to be added to our various programs. |
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