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Individual Terms of Sale
Please review these terms carefully, as these TERMS OF SALE (the "Terms") govern your purchases on the Motor City Refinish™ website and constitute a binding legal agreement between you and OT Dynamics, LLC., d/b/a "Motor City Refinish™" (herein referred to as "Motor City Refinish™", "we" or "us"), the owner of the MOTORCITYREFINISH.com website (the "Website"). By ordering products, including automotive parts ("Products"), or services (collectively or individually "Products/Services") through the Website, whether you pick-up or receive those Products/Services from a local Motor City Refinish™ store, you signify your acceptance of these Terms, as they may be amended from time to time, in Motor City Refinish™’ sole discretion. You also agree that independently owned Motor City Refinish™ stores may be utilized to fulfill Products/Services ordered through the Website. These Terms set out your rights and obligations with respect to your purchases, including important limitations and exclusions. All changes to these Terms are effective when posted on the Website.
Types of Sales
Motor City Refinish™ accepts orders for Products/Services through the Website. You may place your order on our Website at any time (subject to any planned or unplanned periodic downtime). All Products/Services ordered from the Website will be shipped to you directly. You must pay for the Products/Services online at the time you place the order. After placing your order, Motor City Refinish™ will send you a proof of purchase of the Product/Services to the email address you provide. In addition, Motor City Refinish™ will provide the proof of purchase information on the Website after the purchase transaction is complete, so that you may print the information at the time you complete the order if desired. If you have any questions regarding the ordering process, please contact Motor City Refinish™ by phone at (313) 636-2414 or by email at email@example.com.
Motor City Refinish™ allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, debit, or check card. When you provide Motor City Refinish™ with your card information, Motor City Refinish™ will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place.
Motor City Refinish™ accepts American Express, MasterCard, and Visa with a billing address within the United States. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. The Website requires the credit, debit, or check card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase Products/Services and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay Motor City Refinish™ for charges, Motor City Refinish™ reserves the right to immediately suspend or terminate transaction
Pricing, Taxes, Pricing Errors
Prices offered on the Website are quoted in U.S. Dollars. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred. Prices and offers are subject to change.
We attempt to describe and display the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free. All unopened, undamaged, and unused eligible Products purchased through the Website may be returned for a refund or exchange within thirty (30) days of purchase. After the thirty (30) day period after transaction, the sale of such Product becomes final and no returns or exchanges are allowed. Eligible products include apparel, Motor City Refinish™ branded gear, and accessories. Ineligible items include custom liquid products.
To return/exchange item(s), send back item and proof of purchase. Customers are responsible for all return shipping fees. Motor City Refinish™ is not responsible for untraceable or lost return shipments.
Motor City Refinish™
900 Orchard Street
Ferndale, MI 48220
If you dispute any charge for purchases of Products/Services on the Website, you must notify Motor City Refinish™ in writing within sixty (60) days of any such charge. Failure to so notify Motor City Refinish™ shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by Motor City Refinish™.
Limited Warranty and Warranty Disclaimer
The manufacturer's warranty of Products constitutes the only warranty with respect to the PURCHASE of aNY Products/ServiceS. Except to the extent set forth above with respect to manufacturer's warranty, the Products/Services are provided on an "As Is" basis, and Motor City Refinish™ EXPRESSLY disclaims all warranties and conditions with respect to the Products/Services, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, quiet enjoyment AND accuracy. Motor City Refinish™ does not warranty that operation of the Products/Services will be error-free or that Products/Services will in every case perform as described on the Motor City Refinish™ Website.
Limitation of Liability
In addition to the above warranty disclaimers, in no event will (A) Motor City Refinish™ BE LIABLE FOR ANY CONSEQUENTIAL, exemplary, SPECIAL, OR incidental damages, including any damages for LOST PROFITS, ARISING from or relating to the Products/Services, even if Motor City Refinish™ knew or should have known of the possibility of such damages, and (B) motor city refinish™ total cumulative liability arising from or related to the Products/Services, whether in contract or tort or otherwise, exceed the purchase price or fees paid by you to Motor City Refinish™, ITS subsidiaries or its affiliates for the Product/Services. This LIMITATION is cumulative and will not be increased by the existence of more than one incident or claim. Motor City Refinish™ disclaims all liability of any kind of Motor City Refinish™’ suppliers.
Warranty Disclaimer and/or Limitation of Liability May Not Apply
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
Except to the extent a claim arises out of Motor City Refinish™’ negligence, fraud or willful misconduct, you agree to defend, indemnify and hold harmless Motor City Refinish™, its shareholders, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively "Motor City Refinish™ Indemnitees") from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to any Products/Services purchased through our Website, including, without limitation, for any causes of action arising from your misuse of the Products/Services.
Except for monetary obligations hereunder, neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
You may not use or otherwise export or re-export the Products/Services purchased via the Website except as authorized by the laws of the jurisdiction in which the Products/Services were obtained. In particular, but without limitation, the Products/Services may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By using the Website, you represent that you are not located in any country or on any list where the provision of Product/Service to you would violate applicable law. You also agree that you will not use Products/Services for any purposes prohibited by applicable law.
(a) If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(b) These Terms are governed by the laws of the State of Delaware, USA and controlling United States Federal law without regard to any conflicts of law provisions. All parts of these Terms apply to the maximum extent permitted by law. Both parties agree that if either party cannot enforce a portion of these Terms as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to any Product/Service or these Terms shall be subject to the exclusive jurisdiction of state or federal courts located in New Castle County, Delaware, and you hereby consent and submit to the personal jurisdiction of such courts.
(d) Each party shall perform its obligations under these Terms in compliance with all applicable international, federal, state and local laws, regulations and ordinances.
(e) Any rights or obligations hereunder may not be transferred or assigned by you without the prior written consent of Motor City Refinish™. Motor City Refinish™ may freely assign and delegate any of its rights or obligations hereunder.
How to Contact Us
If you have any questions about any Product/Service or these Terms or would like to learn more about Motor City Refinish™, please write to us at OT Dynamics, LLC., 27100 Hall Rd., Flat Rock, MI 48134, or by phone at (734) 984-7022 or by email at firstname.lastname@example.org.
Terms of Sale: last updated October 1, 2019.
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