TERMS/CONDITIONS

The following rules are considered the Terms & Conditions in which Launch Distribution distributes products/parts/merchandise.

Launch Distribution herein referred to as “Seller” is hereby giving notice to any customer, account, or buyer, herein referred to as “Buyer” that these Terms and Conditions from Seller are fully accepted by “Buyer” and will be upheld in any Buy-Sell transaction between Buyer and Seller; whether directly or indirectly.

These Terms and Conditions do not represent a commitment by Seller to sell products to any Buyer. Seller expressly reserves the right to accept or reject any orders from Buyer at any time for any reason and will be at Sellers sole and absolute discretion, not withstanding any previous sales by Seller to such Buyer.

Seller neither assumes nor authorizes any person to assume for Launch Distribution any other Terms and Conditions in connection with the sale of any products that Seller distributes or sells. Seller has the right to change any of their Terms and Conditions at any time without any notice. By ordering thru Seller, Buyer acknowledges the aforementioned and the following:

COMPANY POLICY

Seller is doing business to trade only. Buyer must have an established business with a current business license, address, and phone number. If aforementioned is not established by Buyer, then Seller reserves the right to stop service at any time. If the Buyer is from the State of California or sells into the State of California, then Seller requires that Buyer have a valid and current Seller’s Permit on file with Seller at all times while conducting business with Seller. If Buyer does not furnish a valid Seller’s Permit for the State of California while either having their place of business in California or selling products bought from Seller on a drop-ship basis from Seller into the State of California, then BUYER WILL BE LIABLE FOR ALL STATE TAXES associated with those sales. Refusal to do so will result in charges to Buyer of all back taxes, penalties, attorney fees, and interest due to the State of California, Launch Distribution, State Board of Equalization, or any other legal entity that may be involved. Buyer will be held personally liable for any and all fees, taxes, penalties, and interests due to the State of California, its Board of Equalization and will absolutely indemnify Seller of any and all tax obligation. If any legal or collection fee arise; Buyer will be held fully liable to both the Seller and the State of California.

PAYMENT POLICY

Launch Distribution (Seller) accepts the following as payment prior to shipment of product:

A. Wire transfers

B. Cash

C. Credit Cards (Visa or MasterCard only)

D. Company Checks

If Buyer wants to be put on COD company check basis, they must have the written approval from Seller along with a completed credit application provided by Seller. The credit application form MUST be completely filled out and signed by an authorized officer of Buyer’s company.

Buyer agrees to pay all applicable taxes and /or duties.

All Returned checks from Buyer will be subject to a minimum $35.00 Insufficient Fund Fee from Seller. If Buyer is a repeat offender of having Non Sufficient Funds to Seller, Said Buyer will have their privilege revoked of being able to pay Seller via Company Check and will be charged up to 3 times the amount of returned check or a $100.00 Bounced Check Fee whichever is greater.

Any Buyer who is past due will be charged a 1.5% per month finance charge. A Buyer is considered past due 15 days after receipt of goods and Seller shall not be under any obligation to release any future orders. All delinquent accounts will be prosecuted to the fullest extent of the law.

CONDITIONS OF SALE

A. All sales are Final

B. Transfer of ownership of goods shall take place at the point of original shipment under FOB terms. All claims for lost or damaged shipments must be made by the Buyer to the carrier/transport firm. All shortages must be reported to Seller within 24 hours from receipt of shipment of parts/merchandise.

C. Buyer is obligated to pay full face value of any and all refused packages including but not limited to shipping to and from facility and all applicable handling charges or storage fees.

D. Seller does not take any Returns for store credit or Refunds. If for some reason Seller allows a return there will be a re-stock fee of 25% to 50%. This will be determined by Seller on a case by case basis.

E. Seller reserves the right to reject, refuse, or deny any returns for any reason.

ORDERING PROCESS

A. All VERBAL orders are the sole liability of the Buyer. Any Buyer using this method understand that Seller is under no obligation to refund or let Buyer return any part(s) as a result of a order mistake either by Seller or Buyer.

B. All purchase orders placed by EMAIL or FAX without the correct or complete part number(s) and/or quantities are subject to interpretation.

C. All SPECIAL ORDERS are subject to a 50% non-refundable deposit. Special orders are non-cancelable and must be paid for in full by Buyer when Seller receives part from supplier.

D. All DROP SHIPMENTS will be subject to a $10 service fee in addition to any applicable freight and handling fee.

STOCK ADJUSTMENTS

Seller does not allow any stock adjustments.

WARRANTIES

A. All warranties expressed or implied are represented by the manufacturer of the product and are not from the Seller.

B. Seller will process the warranty claim on behalf of Buyer to said manufacturer. It is then up to the sole discretion of the manufacturer to determine if the subject part is deemed suitable or eligible for warranty.

C. A Return Authorization Number (RGA#) must be received from Seller before any item is returned by Buyer to Seller. Please contact Seller via phone, fax, or email to receive an RGA#. If a valid RGA# is not received by Buyer from Seller and the parts are sent back to Seller, they will become the property of Seller after 14 days from receipt of goods.

D. All Defective Returns or Warranties must be sent Freight Pre-Paid. If any parts are sent back to Seller via Freight Collect, they will be refused. If for some reason Seller does accept shipment, the subject parts/merchandise will become the property of Seller and Buyer will not have any claim to ownership of said parts/merchandise after 14 days from receipt of goods if Buyer does not pay their respective shipping fees or Buyer does not have their shipping company pick up parts/merchandise in question.

E. Seller gives no warranties expressed or implied, including but not limited to, the implied warranties of merchantability or performance of a particular part.

F. Any parts/merchandise that have been approved for a Warranty and have a valid RGA# will have to be either picked up by Buyer or requested by Buyer to be shipped to them Freight Collect or Freight Prepaid within 90 days or said parts/merchandise will become the sole property of Seller.

G. Credit memos are good for up to 90 days . All credit memos not used within 90 days will be forfeited and returned items will become the property of Launch Distribution. Credit memos are not redeemable for cash. Please do not send requests for cash or check payment of a credit balance; we will not respond to such requests. It is the sole responsibility of the “Buyer” to request for credit memo balance from “Seller”.

CONTINGENCIES

Seller shall not be liable for any failures to produce to Buyer when the cause of such failure is an act of God, labor disputes, supplier, material shortages, acts of local, state, national, civil or problems, or an act or cause that does not normally occur in the ordinary course of Seller’s business.

Seller does engage in selling after-market performance parts/merchandise and Buyer does understand the ramifications for having these parts at Buyer’s facility for salability. Seller will not be held liable or accountable for any legal fees or such in selling of said parts/merchandise to Buyer. Buyer also understands fully that some parts/merchandise sold by Seller may not comply with local, state, or federal laws and Buyer will not hold Seller accountable in any shape or form legal or implied. Seller will not be held liable for any fault of their own for any damages to and not limited to the Buyer or to the Buyer’s customer. Seller will not be held liable for any damages which are incurred directly or indirectly with the Buyer or Buyer’s customer on vehicles or operators or passenger of said vehicles, or any other parties affected by Buyer or Buyer’s customer from any parts/merchandise sold by Seller to Buyer.

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