Top Flight Automotive: Policies
Updated October 2019
Terms and Conditions: Goods and/or services sold by Top Flight Automotive, hereinafter referred to as “Seller”, to customer, hereinafter referred to as “Buyer”, are expressly subject to these terms and conditions set forth below. Any proposal for different or additional terms and conditions contained in any prior oral or written communication,including, without limitation, are hereby objected to and rejected, but such proposal shall not operate as a rejection of this agreement unless such variances are in the terms of the description, quantity, price or delivery schedule of the goods and/or services but shall be deemed a material alteration thereof, and this agreement shall be deemed accepted by Buyer without said additional or different terms. Buyer’s acceptance of shipment or performance and/or payment for the goods or services constitutes acceptance of Seller’s terms and conditions. The Seller may, from time to time, change or supplement these terms and conditions.
Payment: We accept credit & debit cards, checks, and money orders. Payment must be received in full prior to shipment.
Prices Subject to Change: All prices and/or discounts are subject to change without prior notice. All prices quoted by Seller will be in effect for a period of thirty (30) days from the date of the written quotation unless otherwise stated. While every effort is made to ensure accuracy, Seller is not responsible for errors or omissions or unforeseen price adjustments in distributed catalogs or our website. Note: Some non-discount, limited discount or pre-discounted items may be excluded from certain promotional pricing and cannot be combined with other offers.
Limited Warranty: Seller makes every effort to list the warranty for each product on the product webpage. Unless otherwise specified, all products are warranted to be free of defects in workmanship and materials under normal use for a period of 30 days from the invoice date.
Limitation of Liability: Seller’s liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on contract, warranty, tort (including negligence) or other grounds shall not exceed the price allocable to such goods or services or part hereof involved in the claim regardless of cause or fault. Seller shall not under any circumstances be liable for any labor charges without its prior written consent. In no event shall Seller be liable for any incidental or consequential damage, including but not limited to, loss of profits or revenue, loss of use of products or associated product, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of Buyer for such damage.
Shipping Damage, Lost or Missing Merchandise: Unless otherwise noted, all sales of goods are made F.O.B. point of shipment and, in all cases, title and risk of loss or damage shall pass upon Buyer with delivery to the carrier at point of shipment. Seller reserves the right of carrier selection. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Buyer is required to examine all shipments upon arrival to ascertain condition. If any shortages or damages occurred in transit, please contact Seller within 5 days of receipt for instructions on how to proceed. Failing to do this could jeopardize the
refund or replacement of the damaged or missing items. Please save the original box and packaging materials for inspection by the carrier. Damage/loss claims cannot be filed after 15 days from the date of receipt of the package. Items shipped via truck must be opened and inspected while the driver is still on the premises, and damage noted if
there is any.
Refused Shipments: If a shipment is refused, customer will be charged for shipping and handling plus a restocking charge of 15% of the product value.
Returns: You may return products other than Special Orders, if returned in unused, original condition in original packaging. There is no need to call for authorization. Complete the Return Form enclosed with your shipment and send the package back to us. It is recommended that you insure the package and retain your receipt of shipment. No COD returns will be accepted. Qualified returns will be refunded in the same method they were paid (i.e. credit card refund or refund check). There will be a full refund on returns up to 30 days from invoice date. Qualified returns older than 30 days but less than 90 days, will be assessed a 25% restocking fee. Special orders, custom products, electrical products, tools, books, videos, CD’s/DVD’s, exhaust products after installation, returns of partial sets/kits or returns more than 90 days old will not be accepted. Any unauthorized returns will be mailed back to customer at customer’s expense.
Core Return Policy: Our rebuilders are not able to accept core returns on items once they have been modified in any manner. In order to receive full core credit, core returned must be from a vehicle that is the same year, application and options as the item ordered. Core must be complete, in rebuildable condition and drained of all fluids to receive full credit. Cores are to be shipped to Seller pre-paid by the customer. Core verification takes approximately 3-4 weeks. If you have any questions, please contact our Customer Service Department prior to returning.
Force Majeure: Seller shall not be liable for failure to deliver or for delay in delivery or performance due to (i) a cause beyond its reasonable control, (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
Indemnification: Buyer hereby (1) waives, releases and discharges any and all claims with the exception of claims for breach of this sales contract of every kind, including, but not limited, to injury or death of any person or damage to property, which it may have at any time against Seller, its agents or employees, by reason of or arising out of any condition of or defect in the goods and (2) covenants to indemnify and hold harmless Seller, its agents and employees from and against any and all loss, damage, expense, claims, suits, costs of defense, including attorney’s fees which Seller or any or its agents or employees may sustain or incur at any time for or by reason of any injury to or death of any person or persons or damage to any property arising out of any condition of or defect in the goods or any claimed inadequate or insufficient safeguards of safety devices or warnings.
Governing Law: This Agreement shall be governed by and construed according to the laws of the State of Pennsylvania.
Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing, duly executed by both parties.
Severability: If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
Assignment: Buyer shall not assign or delegate any or all of its duties or rights hereunder without Seller’s prior written consent. Any assignment or delegation made without Seller’s consent shall be null and void.
Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.