Terms and Conditions
TERMS OF PURCHASE
ALL CUSTOMERS OF AUTO ALL LLC ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
THESE TERMS OF SALE GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY THE AUTO ALL LLC (THE “COMPANY”) ON THE WEBSITE: WWW.THEAUTOALL.COM (THE “WEBSITE”). PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY CLICKING ON THE “I AGREE” BUTTON OR BY PLACING AN ORDER THOUGH THE AUTOALL, YOU (“YOU” AND/OR “CUSTOMER” HERIN) ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE SOUND BY THESE TERMS OF SALE WITOUT LIMITATIONS OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION, SO PLEASE READ THESE TERMS OF SALE EACH TIME YOU MAKE A PURCHASE.
- PRODUCTS. Company is authorized to sell the products and/or services offered for sale on the Website. Company may discontinue any product and/or service at any time without notice. The prices advertised on the website for the products and services do not include shipping and handling or sales tax, if applicable, will be added to your total invoice price.
- ORDERS. Orders are not binding upon company until accepted. Acceptance of customer’s orders shall be communicated to Customer on the Website or through phone call. Company reserves the right, without prior notification, to limit the quantity of any item ordered and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any orders.
- PAYMENT. Company accepts valid Visa, MasterCard, American Express and Discover credit/debit cards. Customer credit/debit cards will be charged in full when a customer order is processed. There will be a THREE PERCENT (3%) credit/debit card charge on all orders paid with credit/debit cards.
- CANCELLATIONS. Once an order is placed, we are unable to cancel it. When we receive an order, we immediately pull the products from one of our warehouses to start the delivery process.
- TITLE TO PRODUCTS. Company retains all right, title, and interest in and to the ordered products until the products have been delivered and the invoice has been paid in full.
- SHIPPING CHARGES. The prices advertised on the Website for the products and services may or may not include shipping and handling charges. The applicable shipping and handling charges may vary depending on the Customer’s location and shipping address. The applicable shipping and handling charges will be provided at the point of purchase on the Website and will be added to the total invoice price at the point of purchase on the Website.
- RETURN/REFUND POLICY. If you are dissatisfied with your purchase, you may be entitled to return the products purchased or seek a refund of the purchase price in accordance with the Company’s Return/Refund policy in effect at time of purchase.
- WARRANTIES. ALL PRODUCTS ARE PROVIDED TO CUSTOMERS BY COMPANY “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESSED, OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. The only warranties given to Customer relating to the products, if any, are those provided by the manufacturers of such products, and Customer acknowledges that any warranty claims arising out of the manufacturer must be pursued directly to the manufacturer. Customer is responsible for all warranty paperwork as required by the manufacturer. Neither VULCAN TIRE AND WHEEL DBA AUTO ALL nor the manufacturer will reimburse installation fees or other costs related to warranty claims.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THE WARRANTY, CONTRACT, TORT, (INCLUDING NEGLIGABLE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY EXCEED THE AMOUNT THE CUSTOMER HAS PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
- SEVERITABILITY. If any provisions of these Terms of Sale are held illegal, unenforceable, or in conflict with any law by any court of competent jurisdiction, such provisions shall be deemed severed from these Terms of Sale and the validity of the remainder Terms of Sale shall not be affected thereby.
- GOVERNING LAW. These Terms of Sale shall be governed by and construed in accordance with the laws of Arkansas applicable to contracts made and to be enforced wholly within such state.
- JURISDICTION AND VENUE. You and the Company (collectively the “Parties,” individually a “Party”) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale may be brought in the federal or state courts of the State of Arkansas and each party irrevocably accept and submits to the jurisdiction of each of the aforementioned courts in person, generally with respect to any action, suit or proceeding brought by it or against it by the other Party.
- WAIVERS AND AMENDMENTS. The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in writing signed by both Parties.