Terms & Conditions

The following GENERAL DISCLAIMERS apply.

1. The purchaser of any Mechpro Automotive Equipment products(Buyer) assumes the risk of verifying all materials or resources used or relied on. In no event will Mechpro Automotive Equipment be liable to the Buyer or to anyone else for any decision made or action taken in reliance on information obtained from any Mechpro Automotive Equipment website or from any Mechpro Automotive Equipment or third-party website, or any online or published catalog.

2. Mechpro Automotive Equipment has exclusive title and ownership rights, including all intellectual property right throughout the world for all material and content contained on any Mechpro Automotive Equipment website or from any published catalog.

3. Mechpro Automotive Equipment warrants that all products shown on any Mechpro Automotive Equipment website or in any online or published catalog conform to Mechpro Automotive Equipment published specifications only and are free from defects in material or workmanship.

4. Mechpro Automotive Equipment websites may contain hypertext or other links to websites not owned or controlled by Mechpro Automotive Equipment. Links to other computer systems or websites are not supervised nor regularly reviewed by Mechpro Automotive Equipment. Mechpro Automotive Equipment specifically disavows legal responsibility for any information, personal opinions, guidance, advice or instruction that a Buyer receives from others or other websites.

5. Materials, design, specifications, images and other content from any Mechpro Automotive Equipment website, or any other Mechpro Automotive Equipment affiliate or dealer website, or any Mechpro Automotive Equipment online or published catalog are subject to change. Mechpro Automotive Equipment takes no responsibility for improper use or any results thereof. Mechpro Automotive Equipment reserves the right to make changes to all published warranties, website content, or published content without incurring any obligation to notify the Buyer or public that changes were made.

6. Mechpro Automotive Equipment products are provided and sold as is without any express or implied warranties, including warranties of merchantability or fitness for particular purpose.

7. In no event will Mechpro Automotive Equipment be liable for any special, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Damages that Mechpro Automotive Equipment will not be responsible for include, but are not limited to: loss of profits; loss of savings or revenue; loss of use of the product or any associated equipment; cost of capital; cost of any substitute equipment, facilities, or services; downtime; the claims of third parties, including customers; and injury to property. This limitation does not apply to damages caused by breach of the warranty of title and against infringements or to claims for personal injury.

8. Unless modified in a writing signed by both parties, it is understood that Mechpro Automotive Equipment published Warranties and Mechpro Automotive Equipment Terms and Conditions of Sale are to be the complete and exclusive agreement (Agreement) between the parties superseding all oral or written prior agreements and all other communications between the parties relating to the subject matter of said Agreement, including statements made by salespersons. No employee of Mechpro Automotive Equipment or any other party is authorized to make any warranty in addition to those made in the Agreement. The buyer is warned, therefore, to check all Warranties and review in full detail the Terms and Conditions of Sale carefully to see that it correctly reflects those terms that are important to the Buyer.

9. The Agreement allocates the risks of product failure between Mechpro Automotive Equipment and the buyer. This allocation is recognized by both parties and is reflected in the price of the goods. Buyer acknowledges that they have read and fully understand the Agreement, and are bound by its terms. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to some Buyers. This warranty gives the Buyer specific legal rights. The Buyer may have other rights also which vary from State to State.

ANY ACTION FOR BREACH OF WARRANTY MUST BE COMMENCED WITHIN 60 DAYS FOLLOWING EXPIRATION DATE OF ANY WARRANTY PROVISION OR TERM.

1. Exclusion of all warranties except goods that are of a specified type and quality. Mechapro Automotive Equipment expressly warrants that the goods are of the type and quality specified in this contract and except as otherwise provided in this contract, the quality of the goods shall be in accordance with Mechapro Automotive Equipment’s specifications. The foregoing warranty is in lieu of all other warranties including the warranties of fitness for a particular purpose and merchantability, express or implied, and no other warranty, express or implied, is given or shall be implied by law. Final determination of the suitability of the goods for the use contemplated by buyer is the sole responsibility of the buyer, and Mechapro Automotive Equipment has no responsibility and makes no warranty or representation in connection with the determination of such suitability. Purchasers of consumer products should note that some states do not allow for the exclusion of consequential damages or the limitation of implied warranties. Consequently, the above exclusion and limitations may not be applicable. This warranty gives the buyer specific rights, and the buyer may also have other rights which may vary from state to state.

2. Terms of payment. Payment for all goods is due and payable upon delivery unless other arrangements have been agreed upon in advance and appear on the face of this contract, interest will accrue and be payable on all accounts over thirty (30) days old, interest to be at the maximum rate permitted by law.

3. Revocable on nonpayment. If the buyer fails to pay any amount to Mechapro Automotive Equipment when due, Mechapro Automotive Equipment, may terminate this contract as to further delivery and no forbearance or course of dealing affects this right of Mechapro Automotive Equipment. Notwithstanding any previous shipment on credit, Mechapro Automotive Equipment may at any time demand payment on delivery or require payment on tender of shipping documents.

4. Acceptance of terms. A quotation, order or contract is not binding until accepted in writing by and officer of Mechapro Automotive Equipment At its general office at 2060 Main St, Apalachin, NY. Until accepted in this manner, a quotation, order or contract is subject to change without notice.

5. Risk of loss or damage. The buyer bears the risk of loss or damage to or destruction of all the goods from the time of their delivery by Mechapro Automotive Equipment To the carrier for shipment to buyer. All claims for loss, damage or destruction attributable to shipping should be made directly to the carrier and Mechapro Automotive Equipment shall not be responsible for any such loss, damage or destruction.

6. Damages. Mechapro Automotive Equipment is not liable to any other direct, incidental or consequential damages, including lost profits, even if Mechapro Automotive Equipment has been advised of the possibility of such damages. When the buyer accepts the goods under this contract and after he has an opportunity to inspect them, buyer is precluded from any further remedy. Buyer assumes all risks and liability for loss damage or injury to property of buyer or others arising out of the use or possession of the goods sold under this contract.

7. Excuse for non-performance. All orders are accepted subject to strikes, riots, wars, labor troubles, floods, fires, accidents, delays, contingencies of transportation, government acts, alien invasions, orders and regulations, and any other causes beyond the control of Mechapro Automotive Equipment, and if any such cause prevents or interferes with the delivery of the goods ordered, the buyer shall accept as full and complete fulfillment of the order such portion of the goods by the order as Mechapro Automotive Equipment is able, under circumstances, to procure and deliver in accordance with the order.

8. Waiver. No waiver of any breach of default under this contract operates as a waiver of any future default whether of a like or different character, except as otherwise provided herein.

9. Modification and integration. This contract cannot be modified except by a writing signed by both parties. This contract constitutes the entire agreement between the parties relating to the sale of the goods and this contract prevails over any and all terms contained in buyer’s purchase orders or acknowledgments thereof unless explicitly stated to the contrary, in writing executed by both parties. The provisions of any purchase order or other instrument of buyer are superseded by the provision of this contract.

10. Choice of law. This contract shall be interpreted and its validity and effect shall be determined in accordance with the laws of the state of New York. Any litigation in any way related to this contract shall be brought in Broome county, New York.

11. Attorney’s fees. In the event it becomes necessary for Mechapro Automotive Equipment To retain legal counsel to implement collection procedures or to undertake litigation or to otherwise protect its rights under the contract, buyer shall pay Mechapro Automotive Equipment a reasonable sum for attorney’s fees and related costs whether or not litigation proceeds to final judgment.

12. Severability. If any provision of this contract as applied to any party or to any circumstance, shall be found by a court to be void, invalid or unenforceable, it shall not affect any other provision of this contract, the applications of any such provision in any other circumstance or the validity or enforceability of this contract.

13. Arbitration. Any controversy arising out of or relating to this agreement or the making, performance or interpretation thereof shall be settled by final and binding arbitration under the commercial arbitration rules of the American arbitration association then in effect.