Terms and Conditions
Please read and agree the Terms and Conditions for use of this site below to proceed.
These Terms and Conditions are a legally binding contract between You and European Transmissions and Parts Inc. (“eurotrans”). Carefully read all of the terms and conditions of this Agreement. If you do not agree to these Terms and Conditions, you are not permitted to use this site. By proceeding past this page or by utilizing the www.europeantransmissions.com website, you represent and warrant that you are eligible to do so pursuant to paragraph 2 of these Terms and Conditions, and You agree to by bound by these Terms and Conditions. This site is protected by United States Copyright Law (Title 17, U.S. Code) and applicable international codes and treaties. All contents © European Transmissions and Parts, Inc. 2001.
A. “eurotrans” means European transmissions and Parts, Inc., Cumming Ga. 30041 2430 Oak Street East.
B. “You” or “Customer” means the individual or legal entity that is utilizing any Services provided by eurotrans on this site or purchasing any Products offered for sale on this site.
C. “Products” means the items, parts and equipment offered for sale from time to time by eurotrans.
D. “Services” means the provision of or links to technical information , transmission search capabilities, parts search capabilities and other services offered by eurotrans on this site.
E. “Part Numbers” means the proprietary part numbers and taxonomy developed by eurotrans to designate parts distributed by eurotrans.
F. “Use” refers to using this site as a reference tool to assist in the repair of transmissions or for the purpose of ordering or purchasing Products from eurotrans.
2. Eligibility. eurotrans offers its Products and Services to individuals and legal entities who participate in the aftermarket transmission repair or rebuilding business who utilize or who could utilize eurotrans Products and Services and who are in a position to recommend or order the procurement of such Products and Services. If you are a competitor of eurotrans, or if you are a minor (i.e., under the age of 18) or otherwise incapable of entering into a binding agreement, you are not authorized to utilize eurotrans Services or to purchase Products from this site or to access or utilize this site in any way. eurotrans may suspend or terminate eligibility if it determines, in its discretion, that a User has engaged in fraudulent or improper activity in connection with the utilization of eurotrans Services or the purchase of its Products. To continue to be eligible to use eurotrans Services or to purchase Products from this site, You must comply with all applicable laws, statutes, ordinances and regulations, including, but not limited to, United States laws on export controls.
3. Limited License. Subject to the terms and conditions of this Agreement, and provided you are eligible, eurotrans grants to You the non-exclusive, non-transferable, non-assignable right to Use this site and to create a hyperlink to this site so long as the link does not portray eurotrans, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any eurotrans logo or other proprietary graphic or trademark as part of the link without express written permission. This license grant is exclusive to You. All trademarks, service marks, and trade names (collectively the "marks") that appear on our site are proprietary to Europeantransmissions.com, or other respective owners that have granted Europeantransmissions.com, the right and license to use such marks
4. Prohibitions. Any unauthorized use terminates the permission or license granted by eurotrans. You may not use this site to:
A. Publish or transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
B. Falsely identify yourself as any other person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate another User;
C. Disguise the source or origin of any information provided to eurotrans;
D. Publish or transmit any information that You do not have a legal right to publish or transmit (such as trade secret or other proprietary information or information subject to a confidentiality agreement);
E. Publish or transmit any information that infringes any patent, trademark, trade secret, copyright or other intellectual property of a third party;
F. Publish or transmit any unsolicited or unauthorized advertising, promotional materials, spam, unwelcome e-mail, or any other form of solicitation;
G. Publish or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
H. Interfere with or disrupt the software or hardware underlying this site.
I. Download (other than page caching) or modify this site, or any portion of it for the benefit of any eurotrans competitor, except with express written consent of eurotrans.
J. Copy, distribute, transmit, publish, modify, or otherwise utilize or Use any Parts Numbers, product listings, descriptions, or prices, other than to place orders for Products from eurotrans.
K. Make any derivative use of this site or its contents. You may not download or copy any account information.
L. Use data mining, robots, or similar data gathering and extraction tools.
M. Reproduce, duplicate, copy, sell, or otherwise exploit for any commercial purpose this site or any content of this site without the express written consent of eurotrans
N. Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of eurotrans and its affiliates without express written consent.
O. Use any meta tags or any other "hidden text" utilizing eurotrans name or trademarks without the express written consent of eurotrans.
P. Take any action that imposes an unreasonable or disproportionately large load on eurotrans infrastructure
5. Electronic Commerce and Communications.
A. You consent to receive communications from eurotrans electronically, including both e-mails and postings on this site. You agree that all agreements, notices, disclosures and other communications that eurotrans provides to You electronically satisfy any legal requirement that they be in writing.
B. By utilizing this site to purchase Products from eurotrans, you are:
I. Consenting to do business electronically with eurotrans;
ii. Certifying that you are the person identified by the information you provide.
iii. Certifying that you have the appropriate authority to conduct business electronically on behalf of your employer, if you are accessing this site on behalf of your employer;
C. By using, accessing or attempting to access any portions of this site that requires the use of passwords, personal identification numbers (PINs) or other any other method of authentication or any combination of authentication methods, You are certifying that You are the person legally associated with the passwords, PINs or authentication method being used. Unauthorized access or Use or attempts to access or Use secure portions of this site is prohibited and may violate federal and/or state law. eurotrans will report unauthorized access, Use or attempts to access or Use to law enforcement.
6. Intellectual Property Rights. No trademarks, trade names, service marks, service names and logos (“Marks”) used on this site may be used in any manner that is likely to cause confusion as to the source or origin of any goods or services, or in any manner that dilutes any Mark or disparages or discredits eurotrans. All Marks not owned by eurotrans or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by eurotrans. eurotrans respects the intellectual property rights of others. If you believe that this site in any way infringes on your rights, or the rights of a third party, please notify eurotrans of your concerns at the following address email@example.com.
7. Disclaimers. A. eurotrans may at any time and from time to time modify or discontinue, temporarily or permanently, the Services it offers, with or without notice. eurotrans is not liable to any User or other third party for any modification, suspension or discontinuance of its Services. All information, services, products, and materials contained in this site, including text, graphics, and links, are provided on an "as is" basis with no warranty.
B. Information on this site may contain technical inaccuracies or typographical errors. eurotrans may change or update information or content on this site at any time without notice. eurotrans may also make improvements and/or changes in the Products described on this site at any time without notice. In addition, Europeantransmissions.com, does not represent or warrant that the information accessible via this site is accurate, complete or current.
C. eurotrans reserves the right to change these Terms and Conditions at any time. Any use of this site following any changes shall constitute Your acceptance of the changes. D. eurotrans makes no representations whatsoever about any other Internet site that You may access through this one. When You access a non-eurotrans Web site, You acknowledge that it is independent from eurotrans, and that eurotrans has no control over the content on that site. A link to a non-eurotrans site does not mean that eurotrans endorses or accepts any responsibility for the content, or the use, of that site. You must take appropriate precautions to ensure that whatever You select for Your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.
E. EUROTRANS PROVIDES THIS SITE ON AN “AS IS” AND AS AVAILABLE BASIS. EUROTRANS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR ANY HYPER-LINKED SITE, OR THE SERVICES OFFERED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EUROTRANS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM EUROTRANS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EUROTRANS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. EUROTRANS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR THE INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EUROTRANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
8. Indemnity. User agrees to indemnify and hold eurotrans and its subsidiaries, affiliates, officers, directors, agents, and employees, and any providers of data used on this site, harmless from any claim or demand, including reasonable attorneys' fees, made by any other User or other third party due to or arising out of User’s breach of this Agreement or the documents it incorporates by reference, or User’s violation of any law or the rights of a third party.
9. Term and Termination.
This Agreement shall remain in effect until terminated by one of the parties, with or without cause, and with or without notice. eurotrans shall not be liable to any User or to any third parties for any damages arising out of eurotrans termination of this Agreement. Without limiting other remedies, eurotrans may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s eligibility and refuse to provide Services or Products to a User: (a) if User breaches this Agreement or the documents it incorporates by reference; (b) if eurotrans is unable to verify or authenticate any information User provides; or (c) if eurotrans believes that User’s actions may cause legal liability for Users or eurotrans.
11. No Agency.
eurotrans and User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given to European Transmissions and Parts Inc. by postal mail at 2430 oak street east, Cumming, GA 30041 attention: European transmissions Administrator or by mailto:firstname.lastname@example.org Notices shall be given to User by e-mail at any e-mail address provided to eurotrans or by posting the notice on this site.
13. Arbitration. Any controversy or claim arising out of or relating to this Agreement or eurotrans Services shall be settled by binding arbitration in accordance with CPR Rules for Non-administered Arbitration (found at www.cpradr.org). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cumming, GA, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Cumming, GA, necessary to protect the rights or property of that party pending the completion of arbitration. All parties consent to venue and jurisdiction in the state and federal courts located in Cumming, GA, for purposes of such action. Any arbitration award shall be private, and shall not have preclusive effect in any proceeding involving other parties.
14. Additional Terms. A. Applicable Law. This Agreement shall be governed in all respects by the laws of the State of Georgia as if this agreements were entered into and to be performed entirely within Georgia between Georgia residents.
B. Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, it shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the section. eurotrans failure to act with respect to a breach by You or others does not waive the right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof.
C. Disclosures. The Services covered by this Agreement are offered by European Transmissions and Parts Inc., 2430 Oak Street east, Cumming, GA 30041. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
15. Terms and Conditions of Sale. The following terms and conditions of sale will apply to all Products purchased from eurotrans, including all Products purchased through the use of this site. For purposes of the following terms and conditions, the term Seller means European Transmissions and Parts Inc.:
I. Offer and Acceptance.
A. This document (Seller’s Terms) constitutes Seller’s acknowledgement of the purchase order or other form of offer (the Order) issued by buyer (the Buyer) for the products described in the Order (the Products), and subject to the terms and conditions contained in this document, constitutes Seller’s acceptance of Buyer’s Order for the Products. Unless otherwise specified in this or some other document signed by Seller, the terms and conditions of sale set forth in the Seller’s Terms apply to all Products sold or provided by Seller.
B. Seller’s acceptance of the Order is expressly conditioned on Buyer’s assent to all of the terms and conditions in this document and any different or additional terms in the Order are rejected. It shall become a contract when accepted in writing by Buyer, or when Buyer has received the Products, in whole or in part, or when Buyer has otherwise assented to these terms and conditions. Buyer shall be deemed to have accepted any of Seller’s Terms to which Buyer has not specifically objected. Any terms in the Order which purport to reject some or all of Seller’s Terms by virtue of standard form language shall not be sufficient objection. Buyer shall be required to set forth each objection to Seller’s Terms in a separate writing signed and dated by Buyer and delivered to Seller prior to Seller’s shipment of the Products. Seller’s failure to object to provisions in the Order or any purchase order or other communication from Buyer (including, without limitation, penalty clauses or warranties of any kind), shall not constitute a waiver by Seller of Seller’s Terms, nor an acceptance by Seller of any such provisions. Any terms in the Order or any other documents which are different from or in addition to Seller’s Terms are rejected unless specifically accepted by Seller in a separate document signed by both Buyer and Seller, regardless of whether such other terms would materially alter these terms. No course of dealing, custom or usage, which is contrary to Seller’s Terms, shall apply.
C. Seller reserves the right to correct any typographical or clerical errors in prices, specifications, quotations, or acknowledgments. II. Prices, Shipment, Delivery, and Inspection.
A. Prices are based on U.S. dollars and are F.O.B. point of shipment. Prices do not include freight or delivery charges, insurance or taxes (sales, excise, use, adlorem, etc.) or any export or import duties. Those charges may be prepaid by Seller and added to Buyer’s invoice.
B. Sales Tax will be charged on all shipments in the State of Georgia, unless an exemption certificate is on file.
C. Seller shall select the method and carrier for delivery of all Products. Risk of loss or damage to the Products shall pass from Seller to Buyer upon delivery to a carrier at point of shipment. D. Any shipment, delivery, or performance date stated in the Order or other contract document is approximate only and does not constitute any guarantee of shipment, delivery, or performance on any particular date. Time shall not be of the essence in any agreement between the Buyer and the Seller.
E. Buyer shall inspect and accept conforming Products or reject nonconforming Products delivered by or for Seller within 24 hours after delivery to Buyer’s facility. All Products delivered shall be conclusively deemed accepted and to conform to contract requirements unless rejection is made or specific objection or notice of nonconformity is given in writing within the 24-hour period.
F. On receipt of notification of rejection, Seller will arrange to receive back the Products for shipment and return. However, within two days, Seller may have an agent inspect the goods for nonconformity. Otherwise, the inspection will be made on return to Seller’s point of shipment. When the goods are confirmed or acquiesced in as nonconforming, Seller will ship conforming goods within five days of the notice of rejection, unless Buyer earlier notifies Seller to forego this shipment.
III. Subject to Sale.
The Products subject to this sale shall be limited to those described in the invoice accompanying the Products. IV. Payments, Title and Security Interests.
A. Payment shall be due as stated on the invoice for the Products. All payments shall be made in U.S dollars. All payments shall be without deductions for back charges, set-offs, other accounts between Seller and Buyer and the like, which shall be settled independently of the payment of the invoice. Payment shall not prejudice claims on account of omissions or shortages in shipment, but no such claim will be allowed unless made within 96 hours after receipt of the applicable shipment by Buyer.
B. Should Buyer delay payment beyond the date it is due, interest may be charged on the unpaid balance at the rate of one and one half percent (1.5%) per month (18% per annum).
C. Notwithstanding that risk of loss passes to Buyer upon shipment, title to the Products shall not pass to Buyer until Seller receives payment in full. Additionally, Seller shall retain and Buyer hereby grants to Seller a security interest in the Products until payment in full is received. At the request of Seller, Buyer shall sign all financing statements and other documents required to attach, perfect, or otherwise protect Seller’s security interest.
Special orders: Special orders must be paid in full, in advance. Payments are non-refundable. If the special order is a European order the price charged at the time of the order will be approximate based upon the current exchange rate that day. Shipping charges and any special handling charges will be added to the price of the part.
Legal restrictions & Availability disclaimer:
All equipment and parts sold upon which there is a legal limitation is sold with the intent that the Buyer will use it in accordance with Federal and any state laws placed upon its use.
Cancellation or suspension of the Order after acceptance by Seller may be made only on terms which will compensate Seller for loss due to the cancellation. Prior to shipment, Buyer may cancel by giving written notice of cancellation to Seller. Buyer may cancel after shipment only if Buyer pays restocking, shipping and handling charges as reasonably determined by Seller, including but not limited to those described in the Seller’s Return Policy.
VI. Product Return Policy A. Products and parts (NO Transmissions) returned by Buyer to Seller within 2 days of invoice date will be accepted for full credit to the Buyer. Transmission returned after delivery only in case of transmission damage or acceptance from Shipper, Buyer is responsible for full shipping and handling fees and restocking fees and other charges. The seller packs every order with care to ensure that it arrives undamaged. It is your responsibility to inspect all packages upon delivery and to make the delivering carrier aware of any damage to the packages. If there is damage to any of the packages, please contact the carrier not the Seller. The carrier will advise you of the proper procedures to make a claim for damages. If the carrier's procedure is not followed, the carrier may not honor the claim. We are not responsible for shipping errors or items lost in transit by our carriers. We take every precaution to make sure that your items are delivered in a prompt, safe manner. PLEASE NOTE: In the event of damage or non-delivery, we must file a claim with and receive approval from our carrier before offering any re-imbursement of any type. All claims must be made within 3 business days from the actual delivery time.
RETURNS & REFUNDS
We gladly accept returns for valid reasons and the following procedure must be followed:
All returns must have prior approval from eurotrans. Contact eurotrans to receive a Return Authorization number. No returns will be accepted without the RA number.
All returns may be subject to a restocking fee.
No returns will be allowed by eurotrans after 14 days of receipt of parts.
There will be no refunds on shipping and handling charges or sales tax.
All returned parts must not have been installed, altered, disassembled or abused and be saleable condition.
There will be no returns of electrical parts for any reason.
There will be no returns accepted on books or special ordered parts.
A. Products may not be returned by Buyer to Seller after 14 days of invoice date.
B. Buyer must obtain a Return Goods Authorization (RGA) number from Seller prior to return of products. Core returns do not require an RGA number for return.
C. All products must be returned in its original packaging to receive full credit.
D. Unused “Kit Components” and new electrical components are not eligible for return.
E. Buyer is responsible for all freight associated with returning the products to Seller. Risk of loss or damage to the product shall pass from Buyer to Seller upon physical receipt by Seller. Core Return
On transmission you have three weeks to return your core. After this time the seller will not refund your core money. You must understand, we make our money with transmissions, we need to have your core return to resale again to stay in business. Parts that are sold with a core charge means that the original part must be returned to the Seller. Core charges will be refunded upon receipt of the original part at eurotrans. The core must be returned freight prepaid within 21 days. If we have to wait of your core, it cost us money every day. The core must be complete and in rebuild able and acceptable condition. Cores returned COD will not be accepted. Core charges will not be credited if this procedure is not followed.
VII. Products Design.
Buyer acknowledges that changes and improvements in the design and specifications of Seller’s Products may be made from time to time by the original manufacturers of the Products and Seller has no obligation to provide notice thereof to Buyer.
Seller shall not be liable for loss, damages, or nonperformance resulting from force majeure, including but not limited to strikes, labor disturbances, material shortages, non-manufacturing conditions, delays or failures of carriers or communications, epidemics, fire, flood, storms, accident, riot, war and invasion, governmental requisition or priorities, acts of God, or other causes beyond Seller’s reasonable control.
IX. Warranty And Remedies. A. Seller warrants new and reconditioned Products to be free from defects in material and workmanship for a period of 12 months from the date of purchase by and installation in the consumer’s vehicle, or use by the consumer for twelve thousand miles, (20,000 Kilometers) whichever occurs first. Seller does not warrant or make any representations concerning Products when the Products are not installed and used strictly in accordance with good installation and maintenance practices in the automotive industry. Seller does not warrant Products that have been altered; improperly installed, maintained or repaired; contaminated with oil or grease as a result of overheating; or damaged by accident, negligence, misuse, race or off-road use. Entire Warranty: Seller makes no other warranty, express or implied, and Seller expressly disclaims any warranty of merchantability or fitness for any particular purpose, and all other warranties are hereby expressly excluded.
B. As the exclusive remedy for breach of the foregoing warranty, Seller shall, at its sole option, repair or replace the defective Product, or provide Buyer with a credit on its account in an amount equal to the original purchase price of the defective Product. Seller will accept warranty claims only from the dealer, jobber or distributor that purchased the Product from Seller. All warranty claims must include a return to Seller of the allegedly defective Product. Returned Products must be shipped FOB Seller’s receiving dock. Seller reserves the right to examine all returned Products to determine whether or not the return qualifies for the exclusive remedy set forth in this paragraph. Seller shall have no other liability for breach of warranty including liability for any special, incidental or consequential damages, or any claim for labor charges incurred in diagnosing or replacing a defective product.
C. In any action brought by buyer against seller, regardless of the form or forum, seller shall not be liable to buyer for special, consequential or punitive damages and, under no circumstances, shall any award against seller in favor of buyer exceed the amount paid to seller by buyer during the twelve month period immediately preceding the date on which notice is first given to seller of the claim. If Seller, without separate compensation therefore, furnishes the Buyer with advice or other assistance concerning any Product or equipment in which the Product may be installed, the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, tort (including negligence and strict liability) or otherwise.
Invalidity of any provision of Seller’s Terms shall not affect the validity of any other provision of this document and any invalid provision shall be severed from the valid provisions.
No failure by Seller to exercise any right accruing to it by virtue of the seller/purchaser relationship or under any contract of sale entered into with the Buyer shall operate as a waiver thereof or preclude the exercise of any other right or privilege by Seller. XI. Notice.
Any notice required or contemplated hereunder shall be in writing and shall be delivered personally or sent by telefax or by prepaid registered mail. Notice by telefax shall be deemed to have been received when transmitted and any notice sent by registered mail shall be deemed to have been received on the second day following the date mailed.
XII. Entire Agreement and Amendments.
There are no other terms and conditions applicable to the purchase and sale of Seller’s Products other than those contained herein (including any specifications or other documents incorporated by reference herein or in the invoice). No modification, amendment, waiver or other change of any provision of Seller’s Terms shall be binding on Seller without Seller’s written consent.
XIII. Limitation of Actions.
Any action for breach of contract arising out of Seller’s acceptance of the Order or arising out of Buyer’s acceptance of the Product supplied must be commenced within one year after the cause of action has accrued.
XIV. Governing Law; Remedies.
The rights and obligations of the Buyer and Seller, and the construction and effect of any contract formed between them shall be governed by the laws of the State of Georgia. Buyer consents to the jurisdiction of any state or federal court located with in the State of Georgia and waives any objection to and agrees not to assert any defense based on jurisdiction or venue.
I have READ and ACCEPT the above Terms and Conditions for use of this site