Additional Terms

Additional Terms

Sales Tax

AutofxMart is obligated to charge applicable state and local taxes on every item shipped to an address where we have an economic presence. As we operate on Amazon and utilize their fulfillment network, AutofxMart has an economic presence in nearly every state. This is in accordance with federal law (Wayfair Law) and carries stringent penalties if taxes are not collected. To secure Tax Exempt status for orders shipped to your state, we must first receive a fully completed State Resale Card via mail, email, or fax. Once received, we will set up your account to be tax exempt. Please note that taxes collected on previous website sales are non-refundable.

Force Majeure

AutofxMart shall not be held liable for any delays or disruptions in performance caused in whole or in part by Acts of God, labor disruptions, shortages, inability to procure products, supplies, or raw materials, severe weather conditions, or any other circumstances or causes beyond the control of AutofxMart in the course of conducting its business.

Cancellation

Any cancellation requires prior approval from AutofxMart before the order is shipped and may be subject to a 15 percent restocking fee and additional charges. Please note that due to our multiple warehouse locations in different time zones, cancellations are not guaranteed.

Assignment

Customer may not assign any order or any interest therein without prior written consent from AutofxMart. Any actual or attempted assignment without AutofxMart's prior written consent allows AutofxMart to cancel the order with notice to the customer.

Modification of Terms

AutofxMart's acceptance of any order is contingent upon the customer's agreement to all the terms and conditions outlined in AutofxMart's acknowledgment. Customer's acceptance of these terms and conditions is presumed upon receipt of AutofxMart's acknowledgment or upon the acceptance of all or any part of the goods or services ordered. No additional or modified terms and conditions will be binding on AutofxMart unless they are agreed to in writing. If a purchase order or other correspondence includes terms or conditions that contradict those in AutofxMart's acknowledgment, AutofxMart's acceptance of the order does not imply agreement to the additional terms and conditions, nor does it constitute a waiver of any terms and conditions in AutofxMart's acknowledgment.

Modification of Terms

The terms and conditions stated in AutofxMart's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference and constitute the complete and exclusive agreement between the customer and AutofxMart.

Waiver, Choice of Law, and Venue

The failure of either party to assert a right or insist on compliance with any term or condition will not be considered a waiver of that right or excuse any subsequent nonperformance of such term or condition by the other party. All transactions will be governed by the laws of the State of California, excluding conflict of law rules, and disputes will be resolved in the County of San Mateo, State of California. If you have any issues or concerns, please contact us via email at autofxmart@gmail.com or by calling the shipping department at 415-798-6167
No Third Party Benefit

The provisions mentioned above solely benefit the parties involved and do not confer any rights, benefits, or claims upon any individual or entity not party to this agreement.

OSHA Hazardous Substance & California Proposition 65 Product Information

Material Safety Data Sheets (MSDS) for OSHA-defined hazardous substances and a list of products recognized by the state of California as causing cancer or reproductive harm can be obtained at your local AutofxMart branch or by contacting AutofxMart at 175 South San Francisco, CA 94080, United States. While the information and recommendations in the MSDS supplied by the manufacturer are considered accurate and reliable, AutofxMart makes no warranty regarding the information's accuracy or the suitability of the recommendations. AutofxMart disclaims all liability to any user.

No Warranties to Consumer

AutofxMart provides no warranties to individuals defined as consumers under the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

Security Interest

In open account sales, Purchaser grants AutofxMart a priority lien, purchase money security interest, and/or chattel mortgage in the products and any accounts receivable or cash from their resale until full payment is made to AutofxMart. Purchaser agrees to file any necessary financing statements or documents with government authorities to ensure the validity, priority, and enforceability of the lien. Purchaser must notify AutofxMart immediately if it intends to use import financing or grant a lien or security interest on its inventory to a third party.

Trademarks and Copyright

Purchaser acknowledges having no right, title, or interest in the trademarks or copyrights associated with the products and commits not to take any action to register or interfere with AutofxMart's rights regarding these trademarks or copyrights. Purchaser agrees not to copy the products purchased or their packaging or trade dress.

Country of Importation

Purchaser states that it is buying products from the United States and importing them into the specified country mentioned in Purchaser's and AutofxMart's documentation. Purchaser agrees that the products will be shipped to the designated destination in compliance with the laws of that destination and the United States. There will be no re-export or diversion from the specified destination. If requested by AutofxMart, Purchaser shall provide satisfactory documentation confirming delivery in the designated country. Purchaser must inform AutofxMart at the time of order if any NAFTA or other certificates of origin, special documentation, packaging, or product marking or labeling are required, and AutofxMart shall not be responsible for providing such documentation, packaging, marking, or labeling unless expressly agreed.

Export and Import Licenses, Controls, Permits, and Freight Forwarder

In addition to the above, unless expressly agreed otherwise, Purchaser is responsible for obtaining and covering the costs of any permits, licenses, or other governmental authorizations needed for exporting products from the U.S. or importing them into the designated country of importation. Purchaser must comply with all relevant laws and regulations. Purchaser is responsible for selecting and paying the freight forwarder, who will solely act as Purchaser's agent. The actions of the freight forwarder will not be deemed authorized by or binding upon AutofxMart unless expressly agreed to by AutofxMart. Both Purchaser and its freight forwarder are responsible for preparing and filing the Shipper's Export Declaration. Purchaser represents and warrants that it is not on the Denied Persons, Specially Designated Nationals, or Debarred Persons Lists. At AutofxMart's request, Purchaser agrees to provide copies of any export, shipping, or import documents prepared by Purchaser or its agents related to AutofxMart's sales to Purchaser.

Foreign Corrupt Practices Act

Purchaser acknowledges that it is not acting as an agent of AutofxMart and represents and warrants that it has not, and commits not to, provide anything of value to any government employee in connection with the resale of the products.

Independent Contractor

AutofxMart and Purchaser are independent contractors and not principal and agent. Purchaser is not authorized to, and shall not make any representations on behalf of, or which are binding upon AutofxMart.

Governing Law and Limitations

These Terms and Conditions shall be construed, interpreted, and enforced exclusively in accordance with the state and federal laws of the State of California, United States of America, excluding conflict of law rules. Any legal action related to any transaction must be initiated within one year after the cause of action arises. The provisions of the Uniform Commercial Code as adopted by the State of California, rather than the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

Severability

If any provision of these Terms and Conditions of Sale is deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions herein, which shall be construed as if such illegal and unenforceable provision(s) were not included, unless their exclusion would undermine the underlying business purpose of these Terms and Conditions.

Dispute Resolution

Actions by AutofxMart regarding nonpayment of the purchase price of products sold by AutofxMart or other breaches of these terms and conditions of sale may be pursued by AutofxMart, at its discretion, in any U.S. or foreign judicial court with competent jurisdiction. Alternatively, disputes between Purchaser and AutofxMart, including claims of non-performance by AutofxMart, shall be conclusively resolved through arbitration in San Diego, CA, U.S.A., under the Commercial Rules of the American Arbitration Association, overseen by a single arbitrator appointed in accordance with said Rules, applying these Terms and Conditions and consistent provisions of federal and state laws (except for conflict of law rules) of the State of California, U.S.A.