Sale of Goods

1. The Seller will sell, transfer and deliver to the Buyer the goods purchased on Site.

 

Purchase Price

1. The Buyer will accept the Goods and pay for the Goods (USD) (the "Purchase Price"), paid by cash as required in clause 5 of this Agreement.
   
   
2. The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the Purchase Price specified in this Agreement, the amount of any present or future use, excise, or similar tax applicable to the sale of the Goods will be paid by the Buyer, or alternatively, the Buyer will provide the Seller with a tax exemption certificate acceptable to the applicable taxing authorities.
3. The Purchase Price is inclusive of sales tax, and is payable by the Buyer unless the Buyer provides the Seller with a tax exemption certificate acceptable to the applicable taxing authorities, in which case the amount of sales tax will be subtracted from the Purchase Price payable by the Buyer.

Payment

1. Payment for the Goods will be made to the Seller when the Buyer is notified that the Goods have been delivered by the Seller to a carrier for shipment to the Buyer or, in the alternative, when any document of title or registrable bill of sale, bearing any necessary endorsement, is tendered to the Buyer.

Delivery of Goods

1. The Goods will be deemed received by the Buyer when delivered to the Buyer at

the Buyer’s address. The method of shipment will be within the discretion of the Buyer. However, the Seller will only be responsible for the lesser of truck freight or rail freight to the Buyer.

Risk of Loss

1. Risk of loss will be on the Buyer from the time of delivery to the carrier. The Buyer will provide, at its expense, insurance on the Goods insuring the Seller's and the Buyer's interest as they appear, until payment in full to the Seller.

Warranties

1. THE GOODS ARE SOLD 'AS IS' AND THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Seller does not assume, or authorize any other person to assume on the behalf of the Seller, any liability in connection with the sale of the Goods. The Seller's above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.
   
   
2. The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition. Further, the Seller disclaims any warranty as to the condition of the Goods.

Title

1. Title to the Goods will remain with the Seller until delivery and actual receipt of the Goods by the Buyer or, in the alternative, the Seller delivers a document of title or registrable bill of sale of the Goods, bearing any necessary endorsement, to the Buyer.

Security Interest

1. The Seller retains a security interest in the Goods until paid in full.

Inspection

1. Inspection will be made by the Buyer at the time and place of delivery.
2. Any refund will not include costs of delivery or installation/de-installation. Those costs will be borne by the Buyer.

Claims

1. The Buyer's failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.

Excuse for Delay or Failure to Perform

1. The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.

Remedies

1. The Buyer's exclusive remedy and the Seller's limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.

Cancellation

1. The Seller reserves the right to cancel this Agreement:
2. if the Buyer fails to pay for any shipment when due;
3. in the event of the Buyer's insolvency or bankruptcy; or
4. if the Seller deems that its prospect of payment is impaired.

Notices

1. Any notice to be given or document to be delivered to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered mail to the address specified below. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of mailing if sent by prepaid registered mail:

SELLER:

EV PARTS SOlUTIONS

2730 E Jones Ave

Phoenix, AZ 85040

BUYER

General Provisions

1. Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
2. All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement.
3. The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
4. This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
5. This Agreement, including all matters of construction, validity, and performance, will be governed by and construed and enforced in accordance with the laws of the State of California as applied to contracts made, executed, and to be fully performed in such state by citizens of such state, without regard to its conflict of law rules. The parties agree that the exclusive jurisdiction and venue for any action brought between the parties arising under this agreement will be the state and federal courts sitting in Sacramento, California, and each of the parties hereby agrees and submits itself to the exclusive jurisdiction and venue of such courts for such purpose. 
6. Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of California on the date of execution of this Agreement.
7. If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
8. This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
9. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
10. Time is of the essence in this Agreement.
11. This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Seller as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.

We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.

To start a return, you can contact us at sales@evpartssolutions.com Please note that returns will need to be sent to the following address: 

EV Parts Solutions
2730 E Jones Ave Ste 103
Phoenix, AZ 85040

If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

You can always contact us for any return question at sales@evpartssolutions.com.

Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Exceptions / non-returnable items
Certain types of items cannot be returned, like electrical components, control modules, or airbags. Please get in touch if you have questions or concerns about your specific item.

Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.
If more than 15 business days have passed since we’ve approved your return, please contact us at sales@evpartssolutions.com.

Messaging Terms & Conditions

 

EVPS | EV Parts Solutions | 2730 E Jones Ave Phoenix AZ US 85040-1503

 

General

 

When you opt-in to the service, we will send you a message to confirm your signup.

 

By opting into messages, you agree to receive recurring automated marketing and informational text messages from EV Parts Solutions for EVPS (including reminders about what you left in your online shopping cart). Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

 

Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with EVPS. EV Parts Solutions reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. EV Parts Solutions also reserves the right to change the short code or phone number where messages are sent.

 

Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.

 

Your consent to receive marketing messages is not a condition of purchase. Marketing messages may include abandoned shopping cart reminders. EV Parts Solutions uses cookies to help track items in your shopping cart, including when you have abandoned your shopping cart prior to checkout. This information is then used to determine when to send you a cart reminder message.

 

Carriers

 

Carriers are not liable for delayed or undelivered messages.

 

Cancellation

 

You can cancel any time by texting "STOP". After you send the SMS message "STOP", we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from EV Parts Solutions again, just sign up as you did the first time and EV Parts Solutions will start sending messages to you again.

 

Info

 

Text "HELP" at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at sales@evpartssolutions.com.

 

Transfer of Number

 

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at sales@evpartssolutions.com. The duty to inform us based on the above events is a condition of using this service to receive messages.

 

Privacy

 

If you have any questions about your data or our privacy practices, please visit our [Link to SMS privacy policy].

 

Messaging Terms Changes

 

We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes