Last updated: January 1, 2015
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you visit Nicheparts.com or SureFit Parts, LLC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SureFit Parts, LLC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SureFit Parts, LLC with copyright authorship for this collection by SureFit Parts, LLC and protected by international copyright laws.
SureFit Parts, LLC trademarks and trade dress may not be used in connection with any product or service that is not SureFit Parts, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SureFit Parts, LLC. All other trademarks not owned by SureFit Parts, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SureFit Parts, LLC or its subsidiaries.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
SureFit Parts, LLC retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. Risk of loss shall pass to Buyer upon Seller's notification that Goods are ready for dispatch. Unless otherwise specified in writing in the Purchase Order or Contract, all charges, expenses or taxes associated with the delivery shall be paid by the Buyer.
SureFit Parts, LLC attempts to be as accurate as possible. However, SureFit Parts, LLC does not warrant that product descriptions or other content of the SureFit Parts, LLC are accurate, complete, reliable, current, or error-free. If a product offered by SureFit Parts, LLC itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law SureFit Parts, LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect SureFit Parts’s, LLC liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
If you choose to use this site, you maintain responsibility to preserve confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that SureFit Parts, LLC is not responsible for third party access to your account resulting from theft or misappropriation of your account. If you are under 18, you may use our website only with involvement of a parent or guardian. SureFit Parts, LLC reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by SureFit Parts, LLC.
SureFit Parts, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SureFit Parts, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
By visiting 8Tenparts.com or SureFit Parts, LLC, you agree that the laws of the state of MICHIGAN, UNITED STATES, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SureFit Parts, LLC or its associates.
Any dispute relating in any way to your visit to SureFit Parts, LLC or to products you purchase through SureFit Parts, LLC shall be submitted to confidential arbitration in MICHIGAN, UNITED STATES, except that, to the extent you have in any manner violated or threatened to violate SureFit Parts, LLC’s intellectual property rights, SureFit Parts, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of MICHIGAN, UNITED STATES, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
While there is no initial minimum order, dealer discounts are extended with the understanding that the relationship must be viable and mutually beneficial. Therefore, SureFit Parts, LLC reserves the right to review dealer status from time to time, and accounts may be terminated at our discretion.
The “Bill to” address must match the “ship to” address unless otherwise given approval by SureFit Parts, LLC or an authorized employee of SureFit Parts, LLC. SureFit Parts, LLC. We prohibit any “dropshipping” and reserve the right to terminate dealer status for any reason. Dropshipping is defined as, but not limited to, purchasing products with a dealer account and shipping them directly to any other consumer.
If you have any questions about these Terms, please contact us.