These terms and conditions are part of every purchase order accepted by Alliance Truck Parts of Champaign ("Seller") and every sales contract Seller enters into based on an offer made by or to Seller.
1. Definitions
- "Buyer" means the customer purchasing the goods shown on Seller's quotation, sales contract, invoice, or sales order acknowledgment.
- "Order" means the terms of a purchase, such as price, quantity, and specifications, that Seller has expressly accepted, together with these terms.
- "Goods" means the parts, equipment, accessories, and related services described in the Order.
- "Sales Order Acknowledgment" means any written confirmation from Seller of a Buyer's order, including email.
2. Quotations
Unless stated otherwise, a quotation is an offer that expires on the fifth business day after its date, or after the day it was issued if it has no date. A quotation becomes a sales contract when Buyer places an Order that Seller accepts, subject to these terms.
3. Acceptance
Seller accepts Orders only on these terms. Any different or additional terms in Buyer's purchase order or other documents do not apply unless Seller agrees to them in writing. Buyer accepts these terms by placing an Order, receiving a quotation or acknowledgment without prompt objection, or accepting any of the Goods.
4. Delay or Cancellation
Buyer may not delay or cancel an Order unless Seller agrees in writing. Special-order parts may not be cancelled or returned once ordered, and Seller may require payment in full for cancelled special orders.
5. Taxes
Unless the Order says otherwise, prices do not include sales, use, or other taxes, fees, or duties. Buyer is responsible for all such amounts.
6. Shipment and Pickup
Any shipment or availability date is an estimate, not a promise. Seller will make reasonable efforts to meet it but is not liable for delays caused by supplier shortages, carrier delays, labor disputes, weather, government actions, or other events outside Seller's control. Seller may make partial shipments, and each is billed as a separate sale.
7. Maintenance and Use
Buyer is responsible for installing, operating, and maintaining the Goods according to the manufacturer's instructions. Failure to follow those instructions may void any warranty, and Buyer is responsible for any damage or injury that results.
8. Warranty
Unless a different manufacturer warranty applies, Seller warrants that the Goods will be free from defects in material and workmanship under normal use for 365 days from the date Buyer receives them, or 90 days for rebuilt or remanufactured parts. During that time, Seller will, at its option, replace the defective part or issue a credit toward future purchases.
- The warranty does not cover labor, including removal and reinstallation.
- It does not cover failures caused by improper installation, alteration, poor maintenance, misuse, accident, corrosion, or normal wear.
- Buyer must notify Seller in writing within five business days of discovering a defect and complete Seller's warranty claim form.
- Seller may inspect the part before approving a claim, and Buyer must return it as directed.
- For parts made by other manufacturers, the manufacturer's warranty applies, and Seller will help Buyer pursue it.
- The warranty cannot be transferred.
THIS IS SELLER'S ONLY WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.
9. Limitation of Liability
SELLER IS NOT LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING DOWNTIME, LOST PROFITS, OR TOWING AND REMOVAL COSTS. SELLER'S TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE PURCHASE PRICE OF THE GOODS INVOLVED. THESE LIMITS APPLY TO THE FULLEST EXTENT THE LAW ALLOWS.
10. Indemnification
Buyer will defend and hold Seller and its employees, officers, and owners harmless from claims, losses, and costs, including attorneys' fees, arising from the installation, use, alteration, or maintenance of the Goods, to the extent caused by Buyer's acts or omissions or by changes to the Goods that Seller did not approve in writing.
11. Payment and Default
If Buyer fails to pay or perform as agreed, all amounts Buyer owes Seller become due immediately. Buyer will pay Seller's reasonable collection costs, including attorneys' fees and court costs. If Buyer's financial condition changes, Seller may cancel the Order, change credit terms, or require payment before delivery.
12. Security Interest
Seller keeps a purchase money security interest in all Goods until they are paid in full, and Buyer authorizes Seller to file any documents needed to protect that interest.
13. Confidentiality
Buyer will keep Seller's pricing, quotations, and other non-public business information confidential and use it only to purchase and use the Goods.
14. Governing Law and Disputes
These terms are governed by the laws of the State of Illinois, including the Uniform Commercial Code as adopted in Illinois. The United Nations Convention on Contracts for the International Sale of Goods does not apply. At Seller's option, any dispute will be decided by binding arbitration under the rules of the American Arbitration Association, held in Champaign County, Illinois, and any award may be entered in any court with jurisdiction.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION THAT MAY BE ENFORCED BY THE PARTIES.
Contact Us
Alliance Truck Parts of Champaign, 3302 N. Mattis Ave., Champaign, IL 61821. Call 217-298-7825 (217-29-TRUCK), email contact@atpchampaign.com, or use the contact form on our homepage.