Terms and Conditions
The terms and conditions set forth in these terms of purchase (this ("Agreement") and the "Terms of Access" constitute the entire agreement between Buggy Parts NW ("Buggy Parts NW") and you (the "Buyer") concerning product purchase through the Website. Capitalize terms used herein shall have the meaning as defined herein, or if not defined, as defined in the Terms of Access.
- Shipping & Delivery
- Privacy & Security
- Returns & Replacements
- Payment, Pricing & Promotions
- Shipping & Delivery
- We ship the majority of orders to the forty eight contiguous United States via the US Mail or UPS. Shipping rates are determined by weight of items, packaging costs, and shipment address: Please select USPS Priority mail or UPS 2 or 3 day service if you require delivery within 2-3 days. For UPS Ground allow 7-10 business days for delivery.
- Orders with items totaling a retail value greater than $99 with USA shipping destinations qualify for Free shipping. Free or Flat-Rate shipping offers are not available for express or overnight shipping: customer is responsible for expedited shipping costs. Please choose alternate shipping methods when checking out if you require express shipping. Buggy Parts NW reserves the right to choose the carrier and method used in all Free and Flat-Rate shipping offers.
- Buggy Parts NW ships Monday through Friday. All packages are shipped by 2:00pm Pacific time. Orders placed by 11:00am Pacific time will likely ship the same day for in-stock items. We do not normally ship on Saturday or Sunday.
- Shipping to a P.O. Box: Because of UPS limitations, Buggy Parts NW cannot ship items via UPS to a Post Office box in most cases. UPS requires a street address for all deliveries. Please be sure to enter a complete shipping address for all online orders where the item description states shipment by UPS, or where you require delivery by UPS. We will automatically switch orders going to a PO Box over to USPS Mail if a UPS shipping option is selected.
- International Orders: Buggy Parts NW will ship International orders! International orders do not qualify for free shipping offers except by special arrangement. Buyer is responsible for any and all applicable local taxes, import duties, and Customs processing fees that may be assessed by the selected shipping agent.
- Canada and International UPS Shipping: When choosing UPS (United Parcel Service) as a shipping option to non-USA destinations, please be aware that they will charge an additional ~$40 Brokerage Fee due at the time of delivery. This is a charge that they assess, and we have no control nor responsibility over. Please factor this in to your shipping method decistion, as UPS can sometimes be slightly less expensive initially, but significantly more expensive upon receipt. United States Post Office (USPS) and Canada Post do not charge additional Brokerage Fees, though there may be VAT charges due on arrival.
- Hazardous Materials: Chemicals, oils, aerosol spray cans are all considered hazardous material. These products cannot be shipped Internationally. If you order these items to be shipping Internationally we will contact you to alter the order accordingly.
- Privacy & Security
- Returns & Replacements
Returns: We want every customer to be happy with their purchase. We will accept back any item still in its original packaging in an unused condition within 30 days of purchase. There are no restocking fees although you must pay the return shipping expense. We will refund the price of the parts at the time of purchase (not including shipping fees). Please ensure any returned items have a copy of the original invoice and a short note explaining the return. The exception to our returns policy is electronic items - due to the nature of these items, we cannot accept returns of CDIs, regulator / rectifiers, spark plugs or other electronic items. We do offer replacement for any defective items. See the Exchange policy below for details.
Exchanges: We offer exchanges for defective parts and apparel items that are not of the correct size up to 30 days from time of delivery.
Our exchange process requires you to return the defective product for an exchange with a non-defective product. We also accept exchanges for apparel items of a different size if the item has not been worn or laundered.
To return an item for exchange, please email us at [email protected]. Our Customer Service representative may ask you for your order number and date of purchase. Include the order number with any return for exchange item or refund, and mail to:
Buggy Parts NW
1990 Cougar Ave SW
Albany, OR 97321
Buggy Parts NW will provide for an exchange, but any shipping charges will be the responsibility of the customer. Please allow 7-10 business days for the exchanged product to be sent to you.
In special circumstances, at the discretion of Buggy Parts NW, some exchanges may occur after the 30 days from delivery date timeframe. Please email us at [email protected].
By ordering a product on the Website, Buyer shall be deemed to have made an offer to buy the specified product from Buggy Parts NW pursuant to this Agreement. The acceptance and fulfillment by Buggy Parts NW of any order placed on the Website is subject to Buyer's acceptance of all of the terms of this Agreement.
Shipping, Title and Risk of Loss
Buggy Parts NW will ship products using the shipping method selected by Buyer on the Website. All sales are made F.O.B., the shipping point. Buggy Parts NW shall use reasonable efforts to cause products to be delivered to Buyer by requested delivery dates, but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. Buyer shall be responsible for all shipping charges. Title and risk of loss in the products shall pass to Buyer upon Buggy Parts NW, ' (or its agent's) delivery to the carrier at the shipping point..
- Payment, Pricing & Promotions
- When ordering products on the Website, Buyer may use VISA, Mastercard, Discover or PayPal. Buggy Parts NW will accept checks, Western Union Money Transfers, and/or Money Orders by special prior arrangement. Please contact us by email to arrange and confirm Check, Western Union, and Money Order payments. We do not accept COD payments. If Buyer fails to pay for any products received, Buggy Parts NW shall have the right, in addition to other remedies, to suspend or cancel further deliveries, and to proceed in any court of proper jurisdiction against Buyer for all amounts due to Buggy Parts NW, including, but not limited to, attorney fees, costs and interest.
Prices of product on the Website are subject to change at any time without notice. Product availability is subject to change at any time and Buggy Parts NW makes no representations of warranties regarding product availability. Buyer shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the product, including, but not limited to, Sales Tax, Use Tax, Retailer's Occupational Tax, Gross Revenue Tax, Value Accrued or Value Added Tax, and Transportation Tax.
Disclaimer of Warranties
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING NONINFRINGEMENT, THE PRODUCTS, OR THE MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. Buyer is solely responsible for determining the suitability of the products for the uses and applications contemplated by Buyer. Buyer assumes all risks and liabilities arising out of possession, use, or resale of the products, whether used singly or in combination with other material, including, but not limited to, any risk or liability based on alleged negligence on the part of Buggy Parts NW.
Buyer represents that he/she has the requisite power and authority to enter into this Agreement and to perform the obligations under this Agreement. Buyer represents that he/she has provided accurate information to Buggy Parts NW in purchasing products through the Website and that his/her offer to purchase products complies with all applicable laws. Buyer acknowledges and agrees that he/she is solely responsible for compliance with all applicable laws and regulations concerning Buyer's purchase, possession, use, or resale of the products. Buyer further represents that he/she is familiar with the characteristics of the products, and will comply with all laws, regulations, and standards applicable to the possession, handling, processing or use of the products by Buyer, including, but not limited to, the Occupational Safety & Health Act of 1970.
Buyer shall defend, indemnify and hold Buggy Parts NW and its suppliers, including, but not limited to, their affiliates, agents, assigns, attorneys, employees, insurers, officers, predecessors, representatives, and successors, harmless from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Buyer or other persons) arising from or connected with (a) a breach by Buyer of this Agreement or (b) the possession, handling, use, or resale of the products by Buyer or others, including, but not limited to, any claims alleging negligence on the part of Buggy Parts NW, . Buggy Parts NW may participate in the defense of any such claim for the further protection of its own interests.
Limitation of Claims
Without limiting the scope of any other terms and conditions herein, any and all claims related to products sold to Buyer through the Website shall be made within thirty (30) days after receipt of the product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer's failure to give Buggy Parts NW written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Buyer commence any action against Buggy Parts NW related to products sold to Buyer through the Website later than one year after receipt of the product giving rise to such action.
Limitation of Liability
Without limiting the scope of any other terms and conditions herein, including Buggy Parts NW disclaimer of warranties, no claim of any kind, whether as to products delivered or for non-delivery of products, or otherwise, and whether based on contract, breach of warranty, negligence, strict liability, indemnity, contribution, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Buggy Parts NW BE LIABLE FOR LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, OR ANY OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM IS BASED ON CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, AND NOTWITHSTANDING ANY CLAIM THAT SUCH LOSSES WERE REASONABLY FORESEEABLE TO Buggy Parts NW OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Without limiting the scope of any other terms and conditions herein, Buggy Parts NW shall not be responsible or liable for any delay or failure to deliver any or all of the products for causes beyond its reasonable control, including, but not limited to, any cause or circumstance which makes impracticable the production, transportation or delivery of the products. Buggy Parts NW may cancel an order to the extent the quantity not delivered is due to any such cause or circumstance. In no event shall Buggy Parts NW be obligated to purchase products to replace any quantity not delivered due to any such cause or circumstance. In the event of any cause or circumstance excusing Buggy Parts NW, Buggy Parts NW shall have the right to allocate any remaining product supply among its customers, including those not under contract, in a fair and reasonable manner, and Buyer hereby releases Buggy Parts NW from responsibility or liability for any resulting incomplete fulfillment of Buyer's order.
a) No waiver by either party of any breach of any terms or conditions contained herein shall be construed as a waiver of any succeeding breach of the same or any other terms or condition herein. Nothing contained herein shall limit the remedies of Buggy Parts NW in the event of Buyer's breach of this Agreement.
b) All notices related to this Agreement shall be in writing. The parties expressly agree that electronic communications shall be considered "writings" for all purposes under applicable law. If notice is not sent by electronic communications, notices shall be deemed given when delivered to or deposited in the United States mail, first class, postage prepaid, and, if to Buyer, sent to the address identified by Buyer when registering to purchase products through the Website and, if to Buggy Parts NW, 1990 Cougar Ave SW, Albany, OR 97321.
c) If any terms and conditions herein are held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other term or condition herein.
d) These Terms and Conditions shall be governed by and construed under the laws of the State of Oregon, United States of America, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to this Agreement must be commenced within one year after the cause of action has arisen. Any actions arising out of products purchased through the Website shall be commenced in the state or federal courts of Oregon. Buyer agrees to submit to the jurisdiction of these courts and waives any claim that venue is improper for any reason in these courts.