Authorized returns; Refunds The buyer is authorized to return the Products to AEPD within thirty (30) days if there is a defect, as long as the Products (a) are delivered to AEPD within thirty (30) days of the date of the order for original sale and (b) The packaging of the product (s) is not open or damaged. If the Buyer complies with the return restrictions in this section, the Buyer may be entitled to a
refund, subject to adjustment for restocking fees of 25%.
The buyer must pay all shipping and delivery costs and expenses associated with the return of such products. The buyer will bear the risk of loss related to the products until the products are actually delivered to AEPD and are in his possession.
If a Buyer refuses to accept delivery of the products or returns the products to AEPD for any reason, the Buyer shall pay AEPD the shipping costs of such delivery and return plus a twenty-five percent (25%) restocking fee. , all within thirty (30) days of the delivery of the invoice to the Buyer for said charges and fees.
LIMITATION OF LIABILITY
AEPD has no responsibility for any damage or loss suffered or claimed by the buyer for loss of income, economic loss, loss of profit, business interruption, malfunction or defect, consequence, special, personal or general, personal or general damages resulting from any negligence of AEPD in relation to the work or the failure of AEPD to perform or any delay in performance or in connection with this contract, except for the return of money paid to AEPD under this contract.
Buyer's damages are limited and cannot exceed the purchase of the product / work involved in such incident as stated in the corresponding sales order. AEPD maximum aggregate liability for these and all claims, demands, responsibilities, costs, damages, expenses (including attorneys' fees and expenses) and causes of action of any nature that either issuing or certain mandatory the work order is not In no case will it exceed the real cost of the products involved in such incident as included in the corresponding work orders.
In no event will it be liable for any loss of profit or any other special, incidental, consequential, punitive or indirect damages arising out of or related to these terms, work orders or the use of products sold and distributed under these terms and the sales orders, however, caused and regardless of the theory of liability. This limitation will apply even if AEPD has been advised or is aware of the possibility of such damages.
If any of the products are determined to be defective in material or workmanship, AEPD will have and will retain the option, in its sole discretion, to repair, replace or refund the product that has been determined to be defective in material or workmanship.
MANDATORY BINDING ARBITRATION
Any dispute arising out of, related to or in connection with these Terms or the Sales Order Agreement or any Work / Product will be determined by binding arbitration before a Commercial Court in Guadalajara, Jalisco. It is understood that AEPD does not conduct business outside of Guadalajara, Jalisco and would be harmed by having to litigate elsewhere.
The arbitration will use the commercial arbitration rules in force at that time of the Commercial Judge. Claims or controversies subject to this provision will include, without limitation, any claim related to the Work / Products. The buyer accepts exclusive jurisdiction in Guadalajara, Jalisco, for binding arbitration and all other matters related to or derived from these Terms and the Sales Orders, including, but not limited to, any claim related to the Products. Judgment can be made on the arbitrator's award by any court having jurisdiction.
If the Buyer refuses or neglects to appear or participate in binding arbitration proceedings or pay the Buyer's share of the arbitration fees and costs, the arbitrator is empowered to decide the claim or controversy based on the evidence presented. The buyer should realize that by accepting the arbitration provision, the buyer will waive the buyer's right to a jury trial and the right, except under limited circumstances, to appeal the arbitrator's decision.
Products will be shipped in accordance with the terms and conditions of these Terms and the Sales or Order Orders. AEPD will make all reasonable commercial efforts to deliver the Products in the quantities requested within a reasonable time to the Buyer in accordance with the Sales Order with the Buyer; however, provided that the Buyer recognizes that immediate and timely delivery of the Products is not always possible and that backorders may occasionally occur. AEPD is not responsible for any damage to the Products or delays in connection with the delivery of the Products when shipping and delivery are handled by a carrier / delivery company
The buyer is responsible for all freight, delivery, and fees and expenses related to the delivery of the Products. AEPD will ship all Products, as listed above, with the "Warehouse Prepaid" freight terms from AEPD's Temecula, California warehouse, which means that AEPD will bear the risk of loss related to
the Products only until such time as the Products are placed on the trucks. to be used to deliver the products to the Buyer. The insurance of the Products is the sole responsibility of the Buyer. The buyer is responsible for insuring the product in connection with delivery / shipment, and AEPD is not responsible for any damage or delay in connection with delivery and shipment.
The buyer agrees to purchase products from America Engine Parts & Diesel Injection SA de CV (AEPD) in the manner established in these Terms and the Sales Orders or Orders in accordance with the pricing information on the America Engine Parts & Diesel Injection SA de CV, which can be found at and may be modified from time to time at the sole discretion of AEPD.
Payments must be delivered by the Buyer to AEPD on or before the expiration date indicated in the sales orders or orders (the "Expiration Date"). Any amount that the Buyer does not pay in a timely manner to AEPD will accrue default interest at a rate of 10% per annum or the maximum interest rate allowed by applicable law, whichever is less. Buyer payments will be applied to the outstanding principal owed to AEPD and then to any interest payments or penalties and late fees. If the Buyer does not pay AEPD in a timely manner, AEPD may choose, among other actions, to stop shipping Products to the Buyer. If the Buyer does not pay AEPD in a timely manner, the Buyer's accounts receivable may be assigned to a collection agency, firm, attorney, or other entity or individual.
Buyer shall pay all costs, fees, and other expenses associated with such collection efforts, including, but not limited to, attorneys' fees and costs and any costs and fees associated with the execution of such collection efforts.
The buyer must jointly and variously indemnify, defend and hold inactive aepd and all owners, principals, officers, directors, shareholders, members, employees, representatives and agents ("indemnified interests and liabilities") all claims, demands, losses, costs , expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that indemnified parties incur or suffer, that result from a result, result of, result of, result of a result, breach or failure of The indemnified parties to carry out any of their representations, guarantees or agreements in these terms, work order or at any time, certificate, exhibition or other furnished instrument or that is furnished for compensation.
Applicable law and consent to jurisdiction. These Terms and the Sales Orders or Order or Invoice will be considered to have been signed, executed and delivered in Guadalajara, Jalisco, and will be interpreted, construed and applied in accordance with the internal laws of the State of Jalisco. The parties agree to exercise any right or remedy in relation to these Terms exclusively in, and hereby submit to, the jurisdiction of the State
of Jalisco, City of Guadalajara.