Introduction
This Terms of Use Agreement ("Agreement") outlines the terms and conditions governing the contractual relationship between Fraser Engine Rebuilder, Inc., a Michigan corporation ("Company"), and you ("User"). By purchasing from the Company, the User, hereafter referred to as "Buyer," agrees to be legally bound by these terms. This Agreement covers access to and use of the Company’s website, www.FRASERENGINECO.COM ("Site"), owned and operated by the Company.
Terms of Product Purchase
All transactions between the User and the Company are contingent upon the approval of the User's credit card company. Orders placed by the User are irrevocable and cannot be canceled or returned, except as permitted by applicable law. Products may be returned for repair or replacement if found to be defective. All estimated delivery dates are provisional and subject to change; changes in delivery dates do not absolve the User of obligations under this Agreement. A signed acknowledgment from the User is required for the Company to proceed with the order.
Payment Methods
- Credit/Debit Card Orders: Refunds for canceled orders made via credit or debit card may take up to five business days to appear on the User's statement, though they typically appear within 24-48 hours, depending on the bank.
- Electronic Check: Products purchased via electronic check will not be shipped until the check has cleared.
Buyer's Inspection
Upon delivery, the Buyer must immediately inspect the products for any damages or missing items in the presence of the carrier. Any discrepancies should be noted on the bill of lading and signed by the carrier, with a copy obtained by the Buyer.
Legal Jurisdiction
Any legal action related to this Agreement or transactions between the User and the Company must be initiated in a suitable court within the state of Michigan. The Buyer hereby agrees to the jurisdiction of Michigan for such matters. The Buyer will also be responsible for the Company's legal costs and attorney fees if legal action is necessary to enforce this Agreement.
Warranty and Returns
Misordered or misdiagnosed parts are subject to a 25% restocking fee and the cost of freight both ways. Towing, shipping, transportation, and car rental costs are not covered. Standard delivery time ranges from 7-14 working days. Installers must verify the correct size and application of products before installation. The Company assumes no liability for incorrect application.
Core Returns
All cores must be returned to the Company within 90 days from the date of purchase. Failure to return the core within this period will result in the Buyer being charged the remainder of the core charge. If the core is not returned within this period, any warranties provided by the Company will be void until the core is received.
Service and Relationship
The Company provides a platform via the Site for consumers to connect with auto part distributors. The Company does not verify the statements of users or guarantee the performance of products. Transactions and communications between users are their sole responsibility.
Intellectual Property and Site Usage
The content on the Site is the property of the Company and protected by international copyright laws. The User is granted a limited license to access the Site for personal use. Unauthorized use of the Site’s content or trademarks is prohibited without express consent from the Company.
Limitation of Liability and Disclaimer of Warranties
The Company is not liable for indirect or consequential damages arising from the use of the Site or its services. The Site is provided "as is" without warranties of any kind, either express or implied. The Company does not guarantee that the Site will be error-free or uninterrupted.
Modification and Force Majeure
The Company reserves the right to modify this Agreement at any time. Users are bound by such modifications if they continue to use the Site after changes have been posted. The Company is not liable for delays or failures in performance resulting from acts beyond its control, such as natural disasters or other disruptions.
General
This Agreement is governed by the laws of the State of Michigan. If any part of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will continue in effect.
By using the Site and engaging in transactions with the Company, the User acknowledges and agrees to all terms outlined in this Agreement.
Cancellation and Refund Policy
In our commitment to providing clarity and fairness to our transactions, we have outlined our cancellation and refund policies below:
- Standard Cancellations: Any engine or transmission order that is cancelled before shipment will incur a 10% cancellation fee of the total order amount.
- Post-Shipped Products: Orders that are cancelled after being processed and shipped will be subject to a minimum cancellation fee of 25% of the total order amount.
- Fraser Freeze Plan: Orders placed under the Fraser Freeze Plan are not eligible for refunds.
- Engine and Transmission Swaps: Orders involving engine or transmission swaps are final and are not eligible for refunds.
- Used Products: All sales of used products are final and are not eligible for refunds.
