Limited Product Warranty Policy and
TERMS & CONDITIONS of SALE
JAY PARTS USA Inc.
Last update: April 23, 2022
JAY PARTS USA Inc. offers products (“Products”) from premium manufacturers and extends the industry’s best warranty to go with them. Please reference the Product list below to identify the length of warranty coverage and any applicable conditions of warranty for your Product. Before returning any Product to JAY PARTS USA Inc., please click below to fill out and submit the required warranty claim form.
Purchaser is responsible for shipping Products back to JAY PARTS USA Inc. and is responsible for obtaining tracking information and for paying shipping charges. Please keep the defective Product until a JAY PARTS USA Inc. team member has contacted you.
Do not send any defective Products to the manufacturer directly.
JAY PARTS USA Inc. LIMITED PRODUCT WARRANTY
This LIMITED warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
Each Product JAY PARTS USA Inc. sells is meticulously crafted to match your vehicle. By the time it gets to you, each Product has been tested in the field, so you can ride with 100% confidence. JAY PARTS USA Inc. has earned riders’ trust in its Products’ quality and JAY PARTS USA Inc. stands behind its Products with the following limited warranty.
JAY PARTS USA Inc. (“Seller”) warrants to the original purchaser that the Products will be free from manufacturing defects in material and workmanship during the applicable Warranty Period (the “Limited Warranty”).
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS LIMITED PRODUCT WARRANTY POLICY.
Who may use this Limited Warranty?
JAY PARTS USA Inc., located at 2902 Highway 64 West, Lewisburg, TN 37091, extends this Limited Warranty only to the customer who originally purchased the Product (“you” or “Purchaser”). It does not extend to any subsequent owner or other transferee of the Product. Proof of purchase is required for all Limited Warranty claims.
What does this Limited Warranty Cover?
This Limited Warranty covers defects in materials and workmanship of the Products for the Warranty Period as defined below.
What does this Limited Warranty not Cover?
The Limited Warranty does not cover labor charges to remove or install the Product or any other part or component that may incur damage as a result of a defective Product. You are responsible for any labor charges involved in removing and replacing the defective Product, and for shipping charges to return the defective Product to Seller.
Further, this Limited Warranty does not cover any Products or portions thereof: (i) where applicable proof of purchase and/or installation dates are not available and/or not presented; (ii) that were subjected to abuse, misuse, neglect, improper installation, maintenance or operation, abnormal conditions and/or use contrary to the Contract (as defined below) and/or any manuals or other instructions provided by Seller; (iii) in the event Purchaser and/or any user fails to comply with any installation, operational or maintenance guidelines/manuals, standards or requirements; (iv) that were damaged by accident or physical abuse or any component thereof; (v) subjected to acts of vandalism; (vi) where parts or components of the Products are changed or materials used which do not conform to Seller’s original specifications; (vii) where the defect is caused by designs or specifications provided by Purchaser; (viii) that were subject to accidents or damage resulting from, including, but not limited to, fire, water, lightning, electrical surge or failure, earthquake, theft or similar causes not caused or contributed to by the sole negligence of Seller or its employees, agents or subcontractors; (ix) subject to lack of reasonable and proper maintenance or use; (x) subject to repairs improperly performed or improper installation; (xi) subject to water submersion and/or ingestion; (xii) used with replacement or aftermarket parts or accessories not intended for or conforming to applicable specifications, warnings and/or instructions; (xiii) used in races, competitive or otherwise, stunts, or other related activities and events; (xiv) used for commercial purposes; (xv) subject to wear, scratches, chips and cracks to paint, finishing or coating; (xvi) subject to normal wear and tear, including natural breakdown of colors and materials caused by the passage of time or use; (xvii) that is/are a normal maintenance item or consumable, which are replaced, cleaned or adjusted as normal maintenance unless such Product contained a manufacturing defect in material or workmanship at the time of delivery; (xviii) which after sale to Purchaser are discontinued or no longer available from Seller; and/or (xix) that have been tampered with, altered, modified, repaired or reworked by anyone not approved by Seller. Seller’s Products are designed to best fit your vehicle under stock conditions. Adding, modifying or fabricating any Product will void any Limited Warranty provided herein.
What are your remedies under this Limited Warranty?
In the event a defect shall arise within the applicable Warranty Period (as defined below) and such defect is attributable to Seller, Seller shall within a reasonable period of time, at Seller’s sole option, repair, or replace the defective Product (or defective portion thereof) or refund the purchase price paid thereof (the “Limited Warranty Remedy”). What is provided herein is not a warranty of performance, but a Limited Warranty as to the condition of the Products at the beginning of the applicable Warranty Period. The length of the Warranty Period varies with each Product. To determine the Warranty Period on your Product, please locate your applicable Product description below and its corresponding Warranty Period.
What is the period of coverage?
This Limited Warranty starts on the date of your purchase and lasts for the Limited Warranty period for your specific Product listed below (the “Warranty Period”). For components in the Products replaced or repaired during the Warranty Period, the warranty period for the said replacement or repaired Products shall be for a maximum of six (6) months or the remainder of the original Warranty Period, whichever is longer, and will begin on the date the replacement or repair Product is shipped.
Limited Warranty Period
- BALL JOINT- Two (2) years from date of purchase
- TIE ROD END – One (1) year from date of purchase
- TIE ROD – One (1) year from date of purchase
- DRAG LINK – One (1) year from date of purchase
- PITMAN- One (1) year from date of purchase
- BEARING CLAMP STEERING – One (1) year from date of purchase
- STEERING STEM – One (1) year from date of purchase
- BUSHINGS – Six(6) months from date of purchase
- BUSHING & SLEEVES KITS – Six (6) months from date of purchase
- WILDCAT XX STEERING (Rack & Pinion Heavy Duty Wildcat XX) – Six (6) months from date of purchase
How do you obtain Warranty Service?
To obtain warranty service, please click below to fill out the appropriate warranty claim form:
Please keep the defective Product until a JAY PARTS USA Inc. team member has contacted you. Do not send any defective Products to the manufacturer directly. Defective Products must be returned within 21 days from warranty claim form submission and approval of return by Seller (please contact our Returns/Warranty Department if an extension is needed at Email: email@example.com).
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Changes in Limited Warranty Policy
Seller reserves the right to change or update its Limited Warranty policy and these Terms and Conditions at any time without advance notice and the change shall apply to any purchases made after that date. However, the policy applicable at the time of your purchase will still apply, even if Seller’s policy is revised after your purchase.
If you’re unsure of the Limited Warranty or its application to your Product, contact our customer service department at warranty@jay‐parts.com for questions.
This is the only Limited Warranty for Products of the “JAY PARTS” brand and other Products sold by JAY PARTS USA Inc., except for those items sold by us which include a manufacturer’s warranty (listed below).
For warranty information and warranty claims for such items, please follow the instructions from the applicable manufacturer.
JAY PARTS USA Inc.’s TERMS AND CONDITOINS OFSALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE AND OUR WARRANTY POLICY .
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JAY PARTS USA INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
These Terms & Conditions of Sale (“Terms”) set forth the terms and conditions pursuant to which the purchaser (“you” or “Purchaser”) will purchase and JAY PARTS USA Inc. (“we” or “Seller”) will sell any JAY PARTS USA Inc.-brand products or other products (“Products”) purchased through the JAY PARTS USA Inc.’s Website (each, a “Purchase”). Each Purchase together with the Limited Warranty and these Terms are collectively called the “Contract”.
You agree that your order is an offer to buy, under these Terms and the Limited Warranty, all Products listed in your order. After having received your order, our order system will send you a confirmation email with your order number and details of the items you have ordered automatically. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. Aceptance of your order and the formation of the contract of sale between JAY PARTS USA Inc. and you will not take place unless and until you have received your proforma invoice or receipt email.
RETENTION OF TITLE
The delivered goods shall remain our property until all outstanding claims arising from the existing business relationship or claims falling due in the future have been paid in principle.
If you have any questions regarding your Purchase, we will do whatever we reasonably can to address your concerns.
If you have made a mistake and would like to attempt to cancel an order, please contact our service team at firstname.lastname@example.org.Orders are transmitted electronically to our warehouse, therefore we cannot assure cancellation requests received later than 60 minutes after order confirmation from order system.
Deliveries refused without documented prior written authorization from Seller or returned orders without documented priorauthorization from JAY PARTS USA Inc. will result in a 20% restocking fee and if applicable, will be deducted from your refund. Shipping charges are not refundable. Seller reserves the right to make modifications to designs, dimensions, and weights, as well as to deviate from any predefined technical or functional specifications or implementation guidelines, to the extent that they are reasonably necessary and/or expedient.
RETENTION OF TITLE
The delivered goods shall remain our property until all outstanding claims arising from the existing business relationship or claims falling due in the future have been paid in principle.
We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the Products to the carrier (Ex Works INCOTERMS 2010). Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
Except for any Products designated on the Website as non-returnable, we will accept a return of the Products for a refund of your purchase price, less the original shipping and handling costs and 5% restocking fee, provided such return is made within 30 days of delivery and provided such Products are returned in their original condition. To return Products, please read all details in our Return Policy.
Unless otherwise provided in the Contract, prices shall be those in effect at the time of order and all prices are payable in U.S. dollars. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.
If we agree payment after invoice or payment in installments, interest at the rate of one and one-half percent (1 ½%) per month or at the highest rate allowed by law, whichever is less, shall be charged to all overdue accounts. In the event Purchaser shall be in default of any of the terms of the Contract, or becomes insolvent or proceedings are instituted to declare Purchaser bankrupt, or a receiver is appointed for Purchaser, Seller may terminate the Contract and upon such termination by Seller, any and all claims or demands against Purchaser held by Seller shall immediately become due and payable.
The payment methods we accept are displayed in the checkout and depend on our business relationship and the country of delivery.
You represent and warrant that (i) the information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment option (credit card / bank account / PayPal account) for the purchase, (iii) charges incurred by you will be honored by your payment company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All prices posted on this Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Prices include our standard packaging. Products for which no specific prices have been agreed will be provided at Seller’s list price valid on the date of delivery.
Nature of Products / Installation and Risks of Use
Purchaser, at its sole cost, shall furnish such materials, labor and equipment as may be necessary for the prompt assembly, incorporation, and installation of the Products. Unless otherwise agreed in a signed writing, purchase of Products does not include installation or training, and the Purchaser is solely responsible for conducting, supervising and paying for the assembly, installation, training and incorporation.
PURCHASER ACKNOWLEDGES THAT CERTAIN OF THE PRODUCTS CAN BE USED TO ENHANCE, IMPROVE, OR CHANGE THE PERFORMANCE OF MOTOR VEHICLES AND/OR OTHER DEVICES, INCLUDING ALL-TERRAIN VEHICLES. SUCH ENHANCEMENT, IMPROVEMENT, OR CHANGE MAY CAUSE A VEHICLE TO FAIL TO CONFORM TO SAFETY, EMISSIONS, ENVIRONMENTAL, OR OTHER STANDARDS OR RULES OF LAW. THIS MAY CAUSE THE VEHICLE TO FAIL TO CONFORM TO LEGAL REQUIREMENTS FOR OPERATION ON PUBLIC ROADS AND MAY RENDER THE VEHICLE TO BE THEREAFTER RESTRICTED TO SPECIALITY APPLICATIONS. ADDITIONALLY, VEHICLES ARE GENERALLY DESIGNED BY THEIR MANUFACTURERS AS COMPLETE SYSTEMS IN WHICH, FOR EXAMPLE, SAFETY SYSTEMS ARE ENGINEERED WITH CERTAIN ASSUMPTIONS ABOUT HORSEPOWER, PERFORMANCE, INERTIAL ENVELOPES, AND OTHER MATTERS. PURCHASER ACKNOWLEDGES THAT ANY MODIFICATION TO A VEHICLE THAT CAUSES A CHANGE IN PERFORMANCE OR OTHER ASPECT MAY CAUSE THE CAPABILITIES OF THE VEHICLE TO EXCEED, OR DEGRADE THE EFFECTIVENESS OF, ITS SAFETY-SYSTEM DESIGN. SEVERE PHYSICAL INJURY UP TO, AND INCLUDING, DISFIGUREMENT, DISABILITY, AND DEATH MAY RESULT FROM THE USE OF THE PRODUCTS PURCHASED UNDER THESE TERMS. PURCHASER EXPRESSLY ASSUMES ALL RISK OF USE OF ANY PRODUCT PURCHASED FROM SELLER AND YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS SELLER AND SELLER’S DIRECT AND INDIRECT OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AND LICENSORS FROM AND AGAINST ANY DAMAGE TO PROPERTY AND/OR ANY INJURY TO PERSONS (INCLUDING, BUT NOT LIMITED TO, DEATH RESULTING FROM THE POSSESSION OR USE OF ANY PRODUCT PURCHASED FROM SELLER BY PURCHASER OR ANY SUCCESSOR USER OR OWNER OF ANY SUCH PRODUCT. OPERATING ANY OFF-ROAD MACHINE/VEHICLE WHILE OR AFTER CONSUMING ALCOHOL OR DRUGS INCREASES RISK OF BODILY HARM OR DEATH AND WEARING THE RIGHT SAFETY EQUIPMENT IS IMPORTANT FOR YOUR SAFETY AND REDUCES THE CHANCE OF INJURY. BE SURE TO GEAR UP. NEVER MIX YOUR RIDE AND ALCOHOL/DRUGS! JUST LIKE DRIVING A CAR, YOU NEVER WANT TO DRIVE OR RIDE AFTER CONSUMING ALCOHOL OR DRUGS.
SELLER URGES YOU TO WEAR A HELMET AND APPROPRIATE DRIVING/RIDING GEAR AT ALL TIMES!
Compliance with Laws, Manuals and Specifications
Purchaser acknowledges that the Products and their installation and use may require certain safety features, protections, registration, testing, certification or other similar procedures under applicable federal, state and local laws, regulations and ordinances. Purchaser represents and warrants that it is familiar with all the applicable federal, state and local laws, regulations and ordinances which are or may be in effect relating to Purchaser’s installation, use and operation of the Products. Purchaser shall comply in all respects with any and all such laws and ordinances now or hereafter in effect. Furthermore, Purchaser is responsible to fully understand the capabilities and limitations of his/her vehicle into which the Products are to be incorporated according to its manufacturer’s specifications, warnings and instructions and agrees to hold Seller harmless and to indemnify Seller from any damage and/or claims resulting from failure to adhere to such specifications, warnings and/or instructions. The Products (and all technology, and/or software contained therein) is sold for use within the U.S. only. Purchaser shall (a) comply with all applicable export/export control laws of the U.S. and any other foreign countries, governments, agencies or authorities (collectively, the “Laws”), and (b) not export or re-export the Products in violation of any such Laws. In cases where export licenses or approvals are required, Purchaser shall be solely responsible for obtaining such required licenses or approvals from the appropriate governmental agencies or authorities. Upon request by Seller, Purchaser shall provide Seller with all of Purchaser’s and the customer’s information and documentary and other assistance required to maintain strict compliance with the Laws. Furthermore, Purchaser and its subcontractors will comply with (i) any and all applicable, international, federal, state, provincial and local law, regulations, executive orders and other rules of law as in effect at any time during the Contract; and (ii) any and all Seller policies addressing such legal requirements. In addition, to the extent applicable for the Products provided hereunder, Purchaser will comply with all applicable environmental requirements that apply to the Products and hazardous materials. “Environmental Requirements” includes without limitation all global, federal, state, provincial, and local laws, rules and regulations pertaining to the protection of human health, safety, wildlife or the environment. “Hazardous Materials” includes, without limitation, any material or substance that is regulated by an Environmental Requirement. In particular and without limitation, Purchaser will comply with all applicable global regulations regarding the registration, restriction, prohibition, and/or recyclability of chemicals.
All materials and other information submitted by Seller (or an affiliate), particularly in the context of an order, including any Product-related information and documentation, shall remain the property of Seller (or an affiliate). All sketches, models, specifications, user manuals/documentation, code, algorithms, drawings, designs, data, information, ideas, methods, patterns and/or inventions made, conceived, developed or acquired by Seller (or an affiliate) in connection with the Contract (“Deliverables”) shall vest in and inure to Seller’s full benefit, notwithstanding any charges therefor that may have been or may be imposed by Seller, and shall not be disclosed to third-parties without Seller’s prior written consent. Any property, interest and rights, in particular intellectual property rights, including copyright, to/in the Products and/or Deliverables created or supplied by Seller, as well as their manufacturing methods and particularities, their use and/or the processes implemented therewith, as well as any of the aforementioned pertaining to components, software and/or the associated source or object code and algorithms are and remain the sole property of and/or are transferred and vest in, the Seller automatically upon their emergence/creation, including in the event they are based on the Purchaser’s specifications. Seller owns or has been licensed the right to use all trademarks on and/or associated with the Products and Purchaser must not remove and/or alter any trademarks attached to or associated with the Products, parts thereof and/or any Deliverables.
Any Deliverables and/or other information which is – obviously or when reasonably considered – confidential, made available and/or becoming known to the Purchaser shall be treated as confidential information of Seller, must not be disclosed to third parties, and shall be used for the purpose of operating the Products in the agreed manner only. Purchaser shall take all necessary precautions to prevent unauthorized persons/parties from gaining access thereto. Such confidential information must be made available to such authorized personnel only, which has a need to know and which is subject to adequate written confidentiality obligations. Such information must be returned to Seller (or an affiliate named by the Seller), anytime upon request, and in any case immediately upon expiration or termination of the Contract.
Purchaser acknowledges that any information disclosed to Seller (or an affiliate) has not and will not be confidential or a trade secret unless clearly and conspicuously noted on the disclosure or in a writing delivered to Seller at or prior to the time of the disclosure. Any patentable features developed by Seller (or an affiliate) shall be the property of Seller (or an affiliate) and Seller (or an affiliate) shall be under no obligation to refrain from using in its business any information, manufacturing processes, or unpatented disclosures which may pass to it from Purchaser in the performance of the Contract. The Purchaser shall not assert any rights, in particular any rights of prior use, of participation and/or to co-ownership, based on the knowledge of the confidential information and/or a trade secret in light of applications for intellectual property rights.
Seller may disclose to Purchaser information that meets the definition of “nonpublic personal information” (“Nonpublic Personal Information”) in the regulations promulgated under Title V of the Gramm-Leach-Bliley Act of 1999 as amended from time to time, 15 U.S.C. 6801 to 6809 (“GLB Act Privacy Regulation”). Purchaser shall not use or disclose such Nonpublic Personal Information to any nonaffiliated third party other than to carry out the purpose for which Seller disclosed such information to Purchaser, including use under an exception in the GLB Act Privacy Regulations in the ordinary course of business to carry out the purpose for which the Nonpublic Personal Information was disclosed. Furthermore, Seller may disclose to Purchaser other personal information that would not be considered Nonpublic Personal Information, but still must be kept confidential under the laws of certain states or governmental authorities (“Other Personal Information”). Purchaser shall not use or disclose such Other Personal Information to any nonaffiliated third party other than to carry out the purpose for which Seller disclosed such information to Purchaser. Purchaser shall maintain physical, electronic and procedural safeguards in compliance with applicable federal and state laws and regulations to protect the Nonpublic Personal Information and Other Personal Information received from Seller.
Purchaser shall indemnify and hold harmless JAY PARTS USA Inc., its affiliates, its licensors, and their employees, contractors, agents, officers and directors (collectively, Indemnitees”), from any and all claims and damages including third-party claims, damages and expenses (including attorneys’ fees) under any theory including tort, product liability, negligence (ordinary or gross), warranty, contract, statute, or otherwise arising out or relating to of the installation, use, operation, maintenance, repair, storage, sale, processing or other disposition of the Products, if the action or inaction of the Purchaser or its employees, customers or agents, the Purchaser’s specifications, the Purchaser’s use of the Product, or the Purchaser’s breach of this Contract, were a cause of the injuries, damages, or violation of applicable law giving rise to the claim against the Indemnitees.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL JAY PARTS USA INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND WHATSOEVER EVEN IF JAY PARTS USA INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND/OR THE CONTRACT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL JAY PARTS USA INC.’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCTS AND/OR THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PARTICULAR PRODUCT GIVING RISE TO THE CLAIM.
By purchasing and installing our Products, you agree that should damages occur JAY PARTS USA Inc. will not be held responsible for loss of time, use, labor fees, replacement parts, or freight charges. Our Products are designed to best fit your ATV/UTV/SxS under stock conditions. Adding, modifying, or fabricating any factory or aftermarket parts will void any warranty provided by JAY PARTS USA Inc.
JAY PARTS USA Inc. will warranty only parts listed in the JAY PARTS USA Inc. Limited Warranty Policy. All parts and Products are not warrantied if the item was not installed properly, or was misused, or modified.
Installing, adding, modifying, or fabricating any factory or aftermarket product to your ATV/UTV/SxS may violate certain local, state, and federal laws. Be advised that laws vary depending on town, city, county, state, etc. Use of certain Products on public streets, roads, or highways may be in violation of law. Purchaser is solely and exclusively legally and personally responsible for any violation of the law by the installation or use of the Product. You must abide by all local, state, and federal laws, including but not limited to vehicle safety, traffic laws, and ordinances. It is your responsibility to know the laws and how they apply to you.
Purchaser is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications, warnings and instructions and agrees to hold JAY PARTS USA Inc. harmless from any damage resulting from failure to adhere to such specifications, warnings and/ or instructions.
Purchaser is also responsible to obey all applicable federal, state, and local laws and ordinances when operating his/her vehicle while using this Product, and Purchaser agrees to indemnify and hold JAY PARTS USA Inc. harmless from any violation thereof.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS DO NOT REQUIRE YOU TO WAIVE ANY RIGHTS, WHERE SUCH WAIVER IS PROHIBITED BY APPLICABLE LAW.
The Seller shall not be in default because of its delays or failure to deliver or perform under the Contract resulting, in whole or in part, from: (i) any foreign or domestic embargoes, seizures, acts of God, insurrections, war, or the adoption or enactment of any law, ordinance, regulation, ruling, or order; and/or (ii) missing or non-complying deliveries from Seller’s sub-suppliers (but only for a period of up to 8 weeks) or the lack of labor or usual means of transportation, fires, epidemics, pandemics, floods, explosions, strikes or other accidents, contingencies, or events, at the Seller’s or any sub-supplier’s plant or elsewhere (whether or not beyond Seller’s control) which directly or indirectly interfere with, or render substantially more burdensome, Seller’s performance.
ENTIRE AGREEMENT – SEVERABILITY – GOVERNING LAW – DISPUTE RESOLUTION AND BINDING ARBITRATION – NOTICES
a. These Terms, together with the remainder of the Contract, constitute the sole and entire agreement between you and JAY PARTS USA Inc. regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.
b. If any term or condition of these Terms is held to be invalid, the remaining terms and conditions of these Terms shall not be affected thereby. Except as otherwise provided herein, the Terms may be modified, cancelled, or rescinded only by a signed writing executed by a duly authorized agent of JAY PARTS USA Inc.
c. THESE TERMS AND ALL MATTERS ARISING OUT OF OR RELATING HERETO SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THESE TERMS OR THE SALE OF PRODUCTS HEREUNDER. WITHOUT LIMITING JAY PARTS USA INC.’S RIGHT TO COMMENCE ANY ACTION, AT JAY PARTS USA INC.’S ELECTION, IN ANY OTHER JURISDICTION, YOU HEREBY AGREE THAT ALL DISPUTES OR DIFFERENCES, WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR THE SALE OF PRODUCTS HEREUNDER SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) (“RULES”) AS IN FORCE AT THE TIME OF SUCH DISPUTE BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE RULES. THE PLACE OF ARBITRATION SHALL BE DELAWARE. THE ARBITRAL AWARD SHALL BE SUBSTANTIATED IN WRITING. THE ARBITRAL TRIBUNAL SHALL ALSO BE ENTITLED TO DECIDE ON THE VALIDITY OF THIS ARBITRATION CLAUSE. YOU AGREE AND ACKNOWLEDGE THAT YOU AND JAY PARTS USA INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your Purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR JAY PARTS USA INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
d. Any proceeding by Purchaser for breach of the Contract cannot be filed nor maintained unless (i) it is commenced within one (1) year after the breach or other event giving rise to Purchaser’s claim has accrued; (ii) Purchaser has given timely written notice to Seller of its claim and has provided Seller with reasonable opportunity to cure the breach or other event giving rise to the claim; and (iii) Purchaser deposits the unpaid portion of the purchase price of the Products with the tribunal pending final adjudication. An action shall accrue no later than the delivery of the at-issue Products or services to Purchaser.
e. In the event of Purchaser’s breach of the Contract, Purchaser shall be liable to Seller for all damages, including, but not limited to, consequential including lost profits and incidental damages, and costs, including attorneys’ fees, incurred by Seller in enforcing the Contract. Purchaser acknowledges and agrees that Seller may share and provide to its related and affiliated companies all data and information Seller becomes aware of as a result of its relationship with Purchaser.
f. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us legal notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to JAY PARTS USA, Inc., 2902 Highway 64 West, Lewisburg, TN 37091. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Changes to these Terms
It is our policy to post any changes we make to our Terms on this page. The date of the most recent changes to these Terms is provided at the “last updated” date at the beginning of these Terms. Notice of changes in these Terms will be posted on our Website. You are responsible for visiting our Website regularly and these Terms to check for any changes.