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AFTERMARKET XPLORER USER AGREEMENT, TERMS AND CONDITIONS FOR THE SALE OF THIRD PARTY SURPLUS PARTS AND EQUIPMENT.
Definitions:
Wherever used, the terms “We” , “Our” or “Us” shall mean Aftermarket Xplorer, L.L.C and it’s affiliates in their entirety.,
The term “Buyer” shall mean the party who enters into agreement to purchase an item (s) on the site. The term “Seller” shall
mean the party with clear title to the “Surplus Item (s)” and the term “Surplus Item” (s) shall mean the items as described or
listed on our site by the “Seller”.
“We” provide services to users subject to the following notices, terms and conditions. When you use “Our” services you are
subject to the rules, guidelines, terms and conditions and policies applicable to our services. The following agreement describes
the terms and conditions applicable to your use of the services on “Our” site. “We” reserve the right to change these terms and
conditions as needed at “Our” sole discretion.
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BUYERS AND SELLERS
Browsing “Our” site can be done without registration. “We” offer our services only to companies or individuals who can form
legally binding contracts under applicable law. “Our” services are not available to minors. “We” have the right to refuse services
to anyone, at any time, at “Our” sole discretion.
In consideration for making “Our” online services available to you the “Buyer” and “Seller”, you agree to indemnify and hold “Us”
harmless from and against any and all costs, losses, liability, claims and/or damages which “We” incur and/or suffer as a result of
you the “Buyer” and “Seller” failing to fulfill contractual obligations arising from negligence, fraud or otherwise between you and
the “Seller” and the “Buyer” and/or any other party.
Buyers and Sellers Understand that “We” act only as a venue for the disposition of “Sellers” inventories of “Surplus Item (s)
and accepts that “Surplus Item (s)” are sold “AS IS”, “WHERE IS” and with all faults and defects. Except as to warranty of title
which is with the “Seller” “We” make no representation or warranties of any kind, whether express or implied by operation of law
or otherwise, including, but not limited to warranties of merchantability or fitness for a particular purpose. Furthermore, “We” have
no control over the quality, safety or legality of the items posted for advertisement , the accuracy of the listings, the ability of
“Sellers” to sell items, or the ability of the “Buyers” to buy items. We do not and cannot control the ability of the “Seller” to
complete the sale of offered items or the ability of “Buyers” to complete the purchase.
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IDENTITY
“Buyers” and “Sellers” understand that there are risks of dealing with foreign nationals, underage persons or people acting under
false pretense and “We” do not an cannot confirm that each user is who they claim to be.
“Seller” understands that, when you post your “Surplus Item (s)” for sale on “Our” site you are committing to a legally binding
offer to sell according to the terms you have stated and will be accepted as a legal contract between you, the “Seller”, and the
“Buyer”. As the “Seller”, you refuse to fulfill the obligations under this contract, a court can, and may order you to perform
your obligations and/or award damages to “Us” and the “Buyer” for any losses incurred, plus any subsequent interest and costs.
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DESCRIPTIONS AND SPECIFICATIONS OF LISTINGS
“Buyer” understands and agrees that descriptions and specifications for listings are for the purpose of identification only. While
“Seller” intends that descriptions are accurate, “We” do not warrant nor represent that the “Surplus
item (s)” will conform to such descriptions and specifications.
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SURPLUS SALES SERVICES PROVIDED BY AFTERMARKET XPLORER , L.L.C. AND ITS AFFILLIATES.
(“ AFTERMARKET XPLORER,L.L.C. “WE” OR “OUR”) THROUGH THE AFTERMARKET XPLORER WEBSITE (THE “SITE”)
ARE GOVERNED BY THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS” OR “AGREEMENT”). BY USING OUR
SITE AS EITHER A BUYER OR A SELLER ON THE SITE (“BUYER”, “SELLER” OR “YOU’) AGREE TO BE BOUND BY
ALLTERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE THE
SITE TO BUYAND/OR SELL GOODS ON THE SITE, OR USE ANY OTHER SERVICES OFFERED BY AFTERMARKET
XPLORER L.L.C. ON THE SITE. WE MAY AMEND THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE AMENDED TERMS AND
CONDITIONS ON OUR SITE. ALL AMENDED TERMS AND CONDITIONS SHALL AUTOMATICALLY BE EFFECTIVE ON THE
POSTED EFFECTIVE DATE, WHICH SHALL NOT BE LESS THAN 15 DAYS AFTER THEY ARE INITIALLY POSTED ON OUR
SITE. THIS AGREEMENT MAY NOT OTHERWISE BE AMENDED EXCEPT IN WRITING EXECUTED BY YOU AND
AFTERMARKET XPLORER LLC. YOUR CONTINUED USE OF THIS SITE AFTER OUR POSTING OF ANY CHANGES WILL
CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
1.AFTERMARKET XPLORER L.L.C. SERVICES
A. “Our Site“ acts as distribution marketplace for the products and services advertised on “Our Site”.
B. “Our Site” acts only as a venue or marketplace for “Sellers” to list surplus items for sale and “Buyers” to purchase surplus items.
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2. AFTERMARKET XPLORER, L.L.C IS ONLY A VENUE
Aftermarket Xplorer LLC acts as a venue or marketplace for “Sellers” to publish surplus items
for sale, and “Buyers” to purchase published items. We are not involved in the actual transaction between “Buyers” and “Sellers”.
“We” do not act as an agent of “Buyer” or “Seller”. “We” do not take title to the items at any point in the sales transaction. “We”
provide a venue for listings and facilitate in the exchange of information and payments between “Buyers” and “Sellers” during the
transaction process. Terms of sale for listing purposes are determined solely by the “Seller”. The purchase of an item (s) by a
“Buyer” constitutes acceptance of the terms of sale. “We “ make no representations or warranties regarding the offered items and
have no control over the quality, safety or legality of items listed, the truth or accuracy of the listings, the ability of “Sellers” to sell
items or the ability of “Buyers” to buy items. We do not control the information provided by other users which is made available
through “Our Site”.
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3. DISPUTES BETWEEN USERS; LIMITATION OF LIABILITY BETWEEN BUYER AND SELLER
“We” are not involved in the actual transaction between “Buyers” and “Sellers”. If you have a dispute with one or more users,
you release Aftermarket Xplorer L.L.C .and its subsidiaries and affiliates, and their respective officers, directors, agents,
employees and third party suppliers from claim demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such
disputes. If you are a California resident, you waive California Civil Code 1542, which states “A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor.”
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FOR ANY TRANSACTION BETWEEN BUYER AND SELLER OF SURPLUS ITEM (S) ON THE SITE, BUYER AND SELLER AGREE AS FOLLOWS:
(a) ALL ITEMS LISTED ON THE SITE ARE SOLD “AS-IS, WHERE IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHERWISE EXPRESSLY SET FORTH IN THE TERMS OF SALE FOR SUCH ITEM AND
LABELED AS A “WARRANTY”.
(b) IN NO EVENT SHALL BUYER AND SELLER BE LIABLE TO EACH OTHER FOR SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOST REVENUE OR ANTICIPATED PROFITS,
ARISING OUT OF OR IN CONNECTION WITH SUCH TRANSACTION.
( c) IN NO EVENT SHALL THE LIABILITY OF SELLER TO BUYER, OR BUYER TO SELLER, FOR ANY SUCH
TRANSACTION EXCEED THE PURCHASE PRICE OF THE PURCHASED ITEMS AND, IF THE PURCHASED ITEMS HAVE
ALREADY BEEN RELEASED TO BUYER THE REASONABLE LOGISTICS COSTS INCURRED BY BUYER FOR THE
TRANSPORTATION AND STORAGE OF THE PURCHASED ITEMS.
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4. LISTING REQUIREMENTS
Listings may only be text descriptions, graphics and pictures “Seller” provides or approves, which describe “Sellers” “Items” for
sale. “Seller must have the authority to list “Items” for sale on the “Site” and to sell them. “Seller” agrees to use commercially
reasonable efforts to provide accurate information and specifications to Aftermarket Xplorer, L.L.C. for each listing, and will be
solely responsible for the listing content provided to Aftermarket Xplorer for publishing. Aftermarket Xplorer will approve each
listing before posting on the “Site”. Aftermarket Xplorer reserves the right to refuse listing service to anyone at anytime at it’s sole
discretion.
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5. STANDARD COMMISSION SCHEDULE
Listing items for sale on this “Site” is free. “Our” standard commissions for completed transactions are set forth as follows:
We reserve the right to include a standard commission of from 10 % to 25 % to the “Sellers” published price to “Us”
and to amend any and all of our services or commissions at any time by posting such amendments on the “Site” ; provided such
amendments will not effect any approved transactions.
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6. PAYMENT, ESCROW, AND SHIPPING PROCESS
When a “Buyer” request pricing for an item (s) on Our Site, “We” will contact the “Seller” and upon confirmation that the item (s)
is available, “We” will issue a formal quotation to “Buyer”. If “Buyer” places and confirms an order for “Surplus item( s)” on our
“Site”, “Buyer” and “Seller“ have reached a binding agreement. Payment (s) for surplus item (s) purchased on “Our Site” shall be
in accordance with Aftermarket Xplorer’s Sales Conditions , hereinafter incorporated in this agreement. “Buyer” is required within
48 hours to remit payment for the agreed purchase price for such purchase. Aftermarket Xplorer , L.L.C. will act as an Escrow
Agent to hold payment funds in escrow (“the Escrow Funds”) in a separate, readily identifiable, interest bearing bank account.
Each listing will have either a shipping date to be executed by the seller or a pickup date by which buyers are required to either
pickup the goods or assume control of the goods (such as when goods are in a third party storage facility or when pickup has
been initiated but not yet completed). “Seller” will have (10) working days to ship purchased item (s) to “Buyer”.
Aftermarket Xplorer , L.L.C. will distribute to “Seller”, or “Seller’s” designee, the Escrow Funds for the amount of “Sellers”
asking price published to “Us” and any additional agreed upon fees for other services and any applicable taxes payable on our
services) upon the earlier of (1) within 10 days after shipment by “Seller” or pickup of goods by “Buyer” or (2) within 10 days after
the scheduled pickup by “Buyer”, regardless of whether the goods have been picked up by prescribed date. If “Buyer” fails to
pick-up on or prior to the scheduled pick-up date “We” will send notice to “Buyer” that goods have not been picked up as
required and that Escrow Funds will be promptly distributed.
Pick up of goods will normally be evidenced by our receipt of: (1) notice from the “Buyer” stating that the buyer has commenced
pickup of the goods, or if otherwise agreed, assumed control of the goods from the seller, or (2) documentation (in example bill
of lading) executed by “Buyer” or “Buyers” agent or other reasonable verification that the goods have been released or shipped
to the extent neither of the events stated in clauses (1) or (2) above occurs within a reasonable time after receipt of Escrow
Funds, “We” will attempt to determine the reason for delay, and attempt to resolve the matter. If the “Seller” does not make the
goods available by the scheduled Pickup date “We” will notify both “Buyer” and “Seller” and refund the Escrow Funds to “Buyer”
within ten days after we send the notice.
If either “Buyer” or “Seller” fails to discharge their duties with regards to the completion of the transaction, either/or will be in
breach of the terms and conditions of use of this “Site” and are responsible for any back charges incurred by “Us” as a result
of the breach.
Escrow Funds and Aftermarket Xplorer’s L.L.C.’s duties as Escrow Agent to “Buyer” and “Seller”, you agree as follows:
(1) Aftermarket Xplorer, L.L.C. is not a principal or participant of the underlying transaction between “Buyer” and “Seller”.
“We” may rely on any instrument or email reasonably believed by it to be genuine and to have been
signed or sent by the proper party or parties, their officers, representatives or agents.
(2) Should any dispute arise between the “Buyer” and “Seller” with respect to Escrow Funds, “We” shall
have the right to (a.) refrain from taking any action other than to retain possession of the Escrow Funds until it shall have received
joint written instructions signed by each of “Buyer” and “Seller” or a final order, judgment or decree from a court of competent
jurisdiction, or (b) institute a bill of inter-pleader in any court of competent jurisdiction to determine the rights of the parties
If “Buyer” and “Seller” agree to remedy their dispute over the Escrow Funds through binding arbitration, “We” shall
have the additional right to act on the instructions of the appointed arbitrator (s). Should such actions be necessary, or should
“We” become involved in litigation or other proceedings of any nature on account of Escrow Funds solely because
it holds the Escrow Funds as Escrow Agent, you agree to pay “Us”, in addition to any commissions hereunder,
reasonable attorney’s fees incurred by “Us” and any other costs and expenses from such actions, all of which may
be deducted from the Escrow Funds prior to disbursement by “Us”.
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7. TAXES
“Buyer” and “Seller” are responsible for determining whether sales tax, use tax, VAT tax, GST tax, transfer tax, ad valorem, or
other taxes of any taxing authority apply to the transaction and to collect, report, and remit the correct tax to the appropriate tax
authority. “We” are not responsible to determine whether any such taxes apply and are not responsible for collecting,
remitting or reporting any such taxes arising from any transaction.
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8. ELIGIBILITY
“Our” services are available only to individuals and entities who can form legally binding contracts under applicable law.
“Our” services are not available to minors. At “Our” sole and absolute discretion, “We” may refuse our services to anyone at any
time for any reason. You represent and warrant that all user information provided to us for the purpose of doing business on
“Our Site” is accurate and complete, and you will update such user information as needed ,so that it is kept up to date,
accurate and complete at all times.
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9. USER RESPONSIBILITIES
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this “Site “and your sale
of items on this “Site”., including, without limitation, those with respect to taxes. You agree not to use this “Site” or any content
contained in it for any illegal or inappropriate activities. Such illegal activities include, but are not limited to, harassing or bribing
others, misappropriating the contents of this “Site”, or selling fraudulent or counterfeit items.
You shall not submit, publish, distribute, or transmit through this “Site” or it’s email links any content that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically
discriminatory, or that would constitute or encourage a criminal or civil offense, or that would otherwise give rise to liability or
violates any law.
You agree that you will not submit, publish, distribute, or transmit anything through this “Site” that will violate or infringe, or cause
Aftermarket Xplorer, L.L.C. to violate or infringe, the intellectual property or other rights of any third party, including copyright,
trademark, trade secret, privacy or other proprietary rights. You may not use this “Site” to send unsolicited advertising,
promotional material, or other forms of solicitation to other users .”We” may terminate any user’s continuing use of the “Site” for
any reason at any time.
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10. LIMITATION OF LIABILITY OF AFTERMARKET XPLORER
AFTERMARKET XPLORER, L.L.C. ASSUMES NO RESPONSIBILITY, AND IN NO EVENT SHALL “WE” BE
LIABLE FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, LOST PROFITS OR ANY SPECIAL, INCENDENTAL, INDIRECT,
CONSEQUENTIAL OR PUNATIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS
TO, USE OF, OR BROWSING IN THIS “SITE” OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, OR CONTENT FROM
“THE SITE.” SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCEDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSABLE
UNDER APPLICABLE LAW.
IF, NOTWITHSTANDING THE FORGOING, AFTERMARKET XPLORER L.L.C. OR ANY THIRD PARTY SUPPLIER SHOULD
BE FOUND LIABLE FOR ANY LOSS OR DAMAGE (WHETHER IN CONTRACT OR TORT) WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS OR THE USE OF THE SITE, THE LIABILITY OF
AFTERMARKET XPLORER L.L.C. AND ANY THIRD PARTY SUPPLIER SHALL IN NO EVENT EXCEED, IN AGGREGATE,
THE GREATER OF (A) THE COMMISSION PAID AFTERMARKET XPLORER WITH RESPECT TO THE PARTICULAR
TRANSACTION GIVING RISE TO SUCH LIABILITY, OR (B) US$500.00
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11. INDEMNIFICATION
You shall indemnify, defend and hold harmless Aftermarket Xplorer L.L.C. , its subsidiaries, and affiliates and their respective
officers, directors, employees, agents and third party suppliers (collectively, the Aftermarket Xplorer Group”), from and against
any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto including, without limitation,
reasonable attorneys’ fees), brought by or on behalf of any third party against any of the Aftermarket Xplorer Group that arises
out of (1) any breach or violation by you of these Terms and Conditions, including, without limitation, any breach of your
representations, warranties or covenants, contained herein, or (2) any dispute with another “Site” user relating to your purchase
or sale of items on this “Site”.
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12. LINKS AND ADVERTISEMENTS
“Our Site” may contain links to or banners advertising other sites on the Internet that are owned and operated by third party
vendors and other third parties. Aftermarket Xplorer is providing these links and banners solely as a convenience. The
appearance of a link or advertisement does not imply our endorsement, nor are “We” responsible for the content of any linked
site. You access sites at your own risk.
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13. NO AGENCY
By using “Our” services, you and Aftermarket Xplorer, L.L.C. are independent contractors, where no agency, partnership, joint
venture, employee-employer or franchisor– franchisee relationship is intended by or created by this agreement.
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14. SITE ADVERTISING
Logos and banner ads supplied by alliance suppliers or advertisement customers must conform to Aftermarket Xplorer’s
specifications. All logo and banner ads are the property of their prospective owners. “Sellers” agree to hold harmless
“Aftermarket Xplorer, L.L.C.” and their suppliers for any said suit against “Us” and ouraffiliates for copyright or
trademark infringements.
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15. FORCE MAJURE
Seller shall not be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including:
acts of God, fires, floods sabotage, wars, accidents, labor disputes, governmental laws, ordinances, rules and regulations,
whether valid or invalid, and any other similar or different contingency.
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16. GENERAL
This agreement in its entirety shall be governed in all respects by the laws of the State of North Carolina as such laws are applied
to agreements and entered into and to be performed entirely within North Carolina and between North Carolina residents.
If any of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall
be enforced.
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17. COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are Copyright © 2005 Aftermarket Xplorer, L.L.C. and/or its affiliates, P.O. Box 637,
Harrisburg, N.C. 28075 USA. All rights reserved. “Aftermarket Xplorer, L.L.C. ” ,”the Aftermarket Man” and other names of
Aftermarket Xplorer’s products and/or services referenced herein are trademarks or register trademarks of
Aftermarket Xplorer, L.L.C.. Other products and company names mentioned herein may be the trademarks of their prospective
owners.
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18. TERMINATION OF USAGE
These terms and conditions are in force until terminated by either you or Aftermarket Xplorer, L.L.C. If you disagree with these
Terms and Conditions, your sole remedy is to discontinue your use of the “Site”. Upon any termination of these
Terms and Conditions, all obligations of either party set forth herein which relate to transactions by such party prior to such
termination shall survive such termination and continue in effect, including, without limitation, the provisions of Sections 3, 6, 9,
10, and 11.
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19. DISCLAIMERS, WAIVERS AND WARNINGS
A. GENERAL
THIS SITE IS PROVIDED BY AFTERMARKET XPLORER, L.L.C ON AN “AS-IS”, “AS AVAILABLE” BASIS. TO THE FULLEST
EXTENT PERMISSABLE BY APPLICABLE LAW, AFTERMARKET XPLORER, L.L.C DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND ACCESSABILITY OR SECURITY
OF THIS SITE, AND THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR
DATA FOUND ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THIS DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU. “WE” DO NOT WARRANT THAT
THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT ON THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, SECURE OR OPERATE WITHOUT ERROR. AFTERMARKET XPLORER, LLC EXPRESSLY DISCLAIMS
ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY BUYER OR SELLER.
B. AFTERMARKET PARTS
Aftermarket Xplorer, L.L.C. and its affiliates is an independent supplier of aftermarket replacement parts and accessories and is
not associated in any way with any of the original Equipment Manufacturers referenced within. Original equipment manufacturer
part numbers listed are for reference only. All original equipment manufacturers are trademark or registered trademark for each
respective manufacturer. We do not imply that we make parts or distribute parts for these companies or corporations.
C. IMPROPER SELECTION, IMPROPER USE, IMPROPER INSTALLATION, FAILURE OF COMPONENTS AND/OR ASSEMBLIES
Any product or information about the products distributed and/or manufactured by Aftermarket Xplorer, L.L.C.
(A North Carolina Company), aftermarketxplorer.com, aftermarketexplorer.com, the aftermarketman.com, aftermarketman.com,
provides product options for further investigation by users who have the technical experience and are familiar with these
products and their applications. It is of utmost importance that you, as a buyer analyze all of the operating parameters and review
all applications for these components and the possibilities of installation and material selection errors. The buyer, after
considering the operating conditions and material selection, is solely responsible for making the final selection of the components
and assuring that the installation, safety and performance and warning requirements are met.
All components are warranted to be free from defects in material and workmanship. In the event of a defective component,
Aftermarket Xplorer, L.L.C. will have the option to either refund the purchase price or replace the component.
D. AFTERMARKET XPLORER, L.L.C. TRADEMARK USE
DuPont Dow Elastomers- Neoprene ®, PTFE ® are registered trademarks of Dupont Dow Elastomers
W.L. Gore & Associates—GFO ® is a registered trademark of W.L. Gore & Associates
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AFTERMARKET XPLORER PRIVACY POLICY
Aftermarketxplorer.com (a North Carolina Corporation) and in order to provide you with a better overall shopping experience,
we collect certain information about you when you visit our site (s). Protecting your privacy is important to us. We can provide
you better service by ensuring that you are aware and understand Aftermarket Xplorer’s privacy Policy. Please review the
following policies:
Information we collect
When you visit our websites, our server automatically recognizes your IP address (Internet protocol), or domain name. We may
track the way our customers and visitors use our site in order to enhance our site (s). Personal information, i.e. name, and email
address is not included in our analysis unless you provide it. We do not collect, or know your name or email address. Your
browsing path is not followed outside aftermarketxplorer.com.
Aftermarket Xplorer’s web sites use “cookie” technology as do other web sites. A cookie generated by our site (s) contains no
personal information about you and does not gather information from your computer. It contains only an alphanumeric ID that, for
example allows you to retrieve your shopping or quote cart and allows you to continue shopping where you left off with your last
visit without losing any items on your list.
When you place an order, request a quote or additional information via aftermarketxplorer.com, we will ask you to provide
information including your name, postal and street address, email address, and credit card numbers for order placements. We do
not use or release any credit card or financial information for any purpose, except to verify credit card information and who you
say you are in order to complete the process.
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Protecting Your Information
In any areas of our site where you may provide us with personal or account information, we employ the state of the art encryption
and security technology and fraud detection techniques. We do this to protect you from any unauthorized use of the information
you send to our server. Once you give us any personal information, it is stored on a highly secure server that is not accessible
via the internet in order to ensure your privacy.
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Use of the information we collect
If you use our site (s) to make a transaction or request a quotation which requires you to provide your postal address, email
address or telephone number, we may send you promotional mailings, emails, or phone calls. If you do not wish
to receive promotional materials or phone calls, please write to us at the address noted on our site. We will respect your request
not to participate in any of our direct marketing programs.
We do not share email addresses or names collected on our site (s) for purposes of permitting other companies to market to you
via email. Providing your email address will not result in your receiving unsolicited commercial emails from any third party.
The personally identifiable information that you provide us and the information regarding your order may be disclosed to certain
third parties that assist us in the ordinary course of business, subject to appropriate confidentiality agreements. These associate
vendors may include (but not limited to common carriers, our literature and promotional printers, mail lists and marketing analysis
companies, credit card or leasing companies and manufacturers of the products you purchase. If you have questions as to the
privacy policies of these companies please contact us and we will direct you to these companies if you prefer to view their privacy
policies and practices.
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To be Removed From our Direct Marketing Programs
If you do not wish to receive telephone calls or postal mailings from us, please advise us by mailing or faxing a letter of your
intent including your name and address to:
Aftermarket Xplorer
Attn: Remove From Mail
P.O. Box 637
Harrisburg, N.C. 28075
If you would like additional information regarding our Privacy Policy please contact our Customer Service Department:
Local & International
704-455-9413
Toll Free (Continental US only)
1-800-690-2767
Fax
704-455-9475
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Access To Your Personal Information
If you would like access to your personally identifying information stored in our system in the ordinary course of our business
simply contact us. After reviewing your information, you may want to request corrections of any information that is inaccurate
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Your Consent
By using the services on our site (s) you consent to the collection and use of this information by Aftermarket Xplorer and it’s
affiliates as described in this policy. Our Privacy Policy is subject to change at any time. It is your responsibility to review our
policies from time to time to keep up to date with any changes. If you do not agree with any aspect of our policy, your sole
remedy is to discontinue using our site (s).
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AFTERMARKET XPLORER SALES CONDITIONS
Payment Terms
Our terms are (30) days on open accounts. We accept Visa, Mastercard, American Express and Discover cards for net invoice
amounts plus applicable taxes and shipping charges. For orders outside the continental US, payment must be received before
orders can be processed and shipment made. The preferred international payment method is wire transfer, Our bank routing
number will be provided upon request.
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Pricing Policies
Due to price increases in the raw materials used to manufacture, we reserve the right to adjust our prices without notice. Special
orders may incur additional charges for expediting service or air freight charges in order to meet delivery requirements.
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Emergency Orders
Our normal hours of operations are from 8:00 a.m. EST until 5:00 p.m. Monday thru Friday. A representative is on-call available
24-7-365 for emergency service. Emergency orders are subject to certain on-call fees , overtime charges and any courier fees
necessary to meet requirements for delivery.
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Open Accounts
Open Accounts are available upon approved credit.
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Quotations
Quotations are subject to prompt acceptance by our customers. We reserve the right to correct typographical errors and to reject
orders if credit is found to be unsatisfactory. Prices submitted for quotation do not include taxes or shipping charges.
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Damage Claims
If your shipment is damaged, DO NOT PAY YOUR FREIGHT BILL, unless the damages have been marked on the freight bill
by the carrier. All claims for damaged goods must be made to the freight carrier.
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Returned Goods
A re-stocking fee may apply to any and all returned items. All manufactured items are considered made to special order from the
necessary raw materials purchased and reserved for each order. Therefore, any manufactured item may not be returned without
written consent of Aftermarket Xplorer. Please ask a customer service representative for more information.
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Shipments
All shipments are made by UPS as standard procedure. We also use Federal Express, Air Borne Express,
DHL, or any common carrier. Additional fees may be incurred for courier charges for shipments requiring air transit.
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