Terms and Conditions

1.       Definitions.“Terms and Conditions” are the following terms and conditions that are agreed to by User / Buyer and seller. “Seller” is D&E Automotive Products, Inc., a Michigan Corporation, with headquarters at 654 E. 10 Mile Rd. Hazel Park, MI 48030. “User / Buyer” is you, the user of this web site. “Site” is this web site that the User / Buyer is browsing to gather information and / or purchase automotive transmission products.

2.       Return Policy and Restocking Fee.  User / Buyer shall have no right to return or exchange special order items, electrical components, non-stock items, or tech manuals. User / Buyer may return unused items, in like-new condition, within thirty (30) days of purchase for a refund of the purchase price less a twenty percent (20%) restocking fee. User / Buyer must call 1-800-245-9754 x 305 to obtain a Return Goods Form#. After obtaining a RGF# User / Buyer has 10 business days to return – POSTAGE PRE-PAID – the item's to Seller. Seller recommends that User / Buyer obtain insurance for item(s) being returned. After Seller returns item(s) in unused, like-new condition Seller will issue the proper refund.

3.       Governing Terms and Scope.The Terms and Conditions of this Site supercede the terms of any purchase order or other agreement between User / Buyer and Seller, and shall be deemed effective upon User / Buyers placement of an order for the goods subject to these Terms and Conditions.  User / Buyer acknowledges that no partnership relationship exists between User / Buyer and Seller. Seller provides use of Site on an “AS IS WHERE IS” and “AS AVAILABLE” basis.

4.       Copyright. Copyrights of Seller and / or its various suppliers and vendors protect all materials, pictures, descriptions, part numbers, and sku-numbers on this Site. No information from Site may be copied or disseminated without written permission from Seller.

5.       Terms of Payment. Unless otherwise stated in writing, payment for all items is due before item is shipped. Seller may assess late payment charges on amounts not paid within the payment terms stated herein at a rate of 1.5% per month (18% per annum), or such amount as permitted by law. User / Buyer represents and warrants to Seller that (i) User / Buyer is at least 18 years of age and is who he/she purports to be, (ii) User / Buyer is purchasing items with a method of payment that User / Buyer is authorized to use and that (iii) User / Buyer is committing no unsavory or illegal act(s) while using Site or ordering items from Seller.

6.       Method of Payment. All amounts due hereunder are payable in U.S. funds. In addition to the amount set forth in the Invoice, User / Buyer shall be responsible for the payment of any and all taxes (including without limitation any added value, use, sales, or similar tax) and any import duties, C.O.D., or other charges imposed by the country of final destination upon shipments to any non-U.S. User / Buyer sites. User / Buyer shall pay any and all such taxes and duties and shall hold Seller harmless therefrom. However, if Seller, in its sole discretion, chooses to make any such payment, User / Buyer shall reimburse Seller in full. All transactions shall be considered taxable unless User / Buyer provides Seller with appropriate verification of exemption.

7.       Shipping and Risk of Loss. Products shall be shipped F.O.B. Origin (Seller Facility). Title to all products and risk of loss shall pass to User / Buyer upon delivery of the Products to the carrier by Seller. User / Buyer shall be responsible for transportation charges and freight to User / Buyer’s location. 

8.       Expenses.  User / Buyer shall pay on demand all out-of-pocket fees, charges, actual attorneys fees and expenses incurred by Seller with respect to the Terms and Conditions or provisions hereof, including the collection of any amounts due and owing under these Terms and Conditions. In addition, User / Buyer shall pay on demand, without limitation, the actual attorneys fees and related costs of Seller, incurred in the enforcement of any judgment rendered in legal proceedings commenced by the Seller.

9.       Warranty Limitations and Exclusions. THE PRODUCTS ARE SOLD TO USER / BUYER WITHOUT ANY WARRANTY FROM THE SELLER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR DURABILITY.

10.    Damages and Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM, CONNECTED WITH OR RELATING TO ANY USE OF SITE BY USER / BUYER OR ANY PRODUCT DELIVERED BY SELLER TO USER / BUYER, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT USER / BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OF USER / BUYER GOODWILL, ATTORNEYS' FEES, DAMAGE TO BUSINESS OR BUSINESS RELATIONS, BUSINESS INTERUPTION, LOSS OF USE OF EQUIPMENT, COST OF CAPITAL, CLAIMS BY CUSTOMERS OR USER / BUYERS OF USER / BUYER, OR DAMAGES FOR ECONOMIC LOSSES OR PROPERTY DAMAGE ARISING FROM, CONNECTED WITH OR RELATING TO SELLER'S ACTS OR OMISSIONS, WHETHER UNDER NEGLIGENCE, STRICT LIABILITY, ENTERPRISE LIABILITY OR OTHER PRODUCT LIABILITY THEORIES. IF, NOTWITHSTANDING THIS PROVISION, A COURT OF LAW DETERMINES THAT SELLER IS LIABLE TO USER / BUYER FOR SUCH DAMAGES, USER / BUYER AND SELLER AGREE THAT SELLER'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO SELLER UNDER THIS INVOICE OR $100.00 WHICHEVER IS GREATER, AND SUCH DAMAGES SHALL BE DEEMED TO BE LIQUIDATED DAMAGES FOR USER / BUYER'S CLAIMS AGAINST SELLER IN SUCH EVENT. ANY ACTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS FURNISHED SELLER OR USER / BUYER'S USE OF SITE MUST BE BROUGHT BY USER / BUYER WITHIN SIX (6) MONTHS FROM THE DATE OF DELIVERY OF THE PRODUCT, OR THE APPLICABLE STATUTORY PERIOD, WHICHEVER IS SHORTER.

11.    Binding Effect. These Terms and Conditionsshall be binding on and inure to the benefit of User / Buyer and Seller and their respective heirs, successors, or assigns.

12.    Governing Law, Consent to Jurisdiction and Venue.  The transaction reflected by this Invoice shall be governed by and interpreted and construed in accordance with the laws of the State of Michigan. In the event a suit is file by Seller against User / Buyer, User / Buyer consents to subject matter and personal jurisdiction and venue in the state and federal courts in the State of Michigan, County of Oakland. User / Buyer further agrees that in the even User / Buyer wishes to initiate litigation against Seller for any reason, then absent Seller's written consent to the contrary, User / Buyer agrees that any such lawsuit(s) shall only be brought against Seller in the appropriate state or federal court in the State of Michigan, County of Oakland.

13.    Changes and Accuracy. Seller reserves the right to make changes to these Terms and Conditions at any time. Seller reserves the right to limit quantities of certain items purchased. Seller reserves the right to correct any pricing or description errors. Seller does not warrant accuracy of prices, pictures nor descriptions on the Site.