- The Auto Body Supplies Inc. shopping site located at www.abspaint.com, (the “Site”) is a shopping website where you can browse, select and order products from ("Auto Body Supplies Inc.”, “us” or “we”).
- Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
- You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site or by phone.
Terms and Conditions of Sale
- You may order Products by selecting and submitting your order through the Site or by phone in accordance with these terms and conditions.
- Any order placed through this Site or by phone for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site or by phone.
- You agree to provide us with current, complete, and accurate details when asked to do so by the Site or by phone during order placement.
- In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
- Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions; and provide you with an email confirmation of that order.
- If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavors for 30 days to order the relevant Product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
Delivery of products
See Shipping and Delivery for Delivery Methods
- We will only deliver Products ordered through the Site to a location where we provide delivery services.
- You agree to comply with certain delivery requirements specified in Shipping and Delivery and such other requirements that we notify you when you place your order through the Site.
- We also recommend that you be present to accept the delivery of your order
- You acknowledge and agree that any person at the Delivery Address who receives the Products is authorized by you to receive your order.
- Risk and title to the Products pass to you on the date and time of delivery to the Delivery Address.
Changes to a Placed Order
See Ordering Options for Additional Details
- We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
- The Products in that order are not available; or
- There is an error in the price, or the product description posted on the Site for the Product in that order; or
- That we reasonably believe your order has been placed in breach of these terms and conditions.
- If we do so, then we will endeavor to provide you with reasonable notice of that cancellation and will not charge you for the canceled order.
Fees and Charges
- We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify you when you place your order ("Delivery Fee") and any other fees and charges set out in these terms and conditions.
- The purchase price of each Product is shown on the product detail page on the Site at the time you place your order.
- Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
See Payment Method for Accepted Methods of Payment
- If we have previously agreed that you are a business customer that may obtain Products from us on a deferred payment basis, then we will invoice you the fees and charges for the Products you have ordered when the aggregate amount payable by you for all orders placed under these terms and conditions reaches or exceeds the agreed amount. You must pay us the fees and charges in accordance with these terms and conditions.
- If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card account.
- You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
Damaged Products and Returns
See Returns & Exchanges For Additional Details
- You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Customer Service.
- If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Returns Policy.
- Where any law implies in this agreement any term, and that law voids or prohibits provisions that exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
- In the case of services: the resupply of the services; or the payment of the cost of resupply; and
- In the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
- Subject to the above clause, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
- Subject to the above clause, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings, and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute, or otherwise.
- Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
Changes to Terms and Conditions
- We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
- The breach cannot be remedied; or
- You fail to remedy the breach within 10 days of our notice to you of that breach; or
- If there is an emergency.
- We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund you all valid payments received by us for those Products.
- For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
- We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you place your order.
- If the whole or any part of a provision of this agreement is void, unenforceable, or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
- You agree that any legal action brought against Auto Body Supplies Inc. shall be governed by the laws of the State of Michigan. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made through Auto Body Supplies, Inc. shall be an appropriate federal or state court located in Macomb County, Michigan.
- Capitalized terms used are defined in these terms and conditions. In these terms:
- Contact Hours means 8 am to 5 pm Monday to Friday (EST.)
- Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
- LoginID means the email address that you provided to us as part of the registration process to use the Site.
- Product means each good or service that is advertised on the Site.