Terms and Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of WindowParts.com. The collective work includes works that are licensed to WindowParts.com. Copyright 2003, WindowParts.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with WindowParts.com or purchasing WindowParts.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with WindowParts.com or to purchase WindowParts.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by WindowParts.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of WindowParts.com used in the site are trademarks or registered trademarks of WindowParts.com


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, WindowParts.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. WindowParts.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. WindowParts.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
WindowParts.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if WindowParts.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a WindowParts.com product is mistakenly listed at an incorrect price, WindowParts.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. WindowParts.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WindowParts.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by WindowParts.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
WindowParts.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to WindowParts.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of WindowParts.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of WindowParts.com products) must be commenced within one (1) year after the claim or cause of action arises. WindowParts.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. WindowParts.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a WindowParts.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
WindowParts.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, WindowParts.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, WindowParts.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to WindowParts.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless WindowParts.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, WindowParts.com may link to sites operated by third parties. However, even if the third party is affiliated with WindowParts.com, WindowParts.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of WindowParts.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, WindowParts.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Returning a Defective Product under the Manufacturer's Warranty
Warranties provided by a product's manufacturer will be the responsibility of the manufacturer. Windowparts.com disclaims all other warranties, including any implied warranty of merchantability or fitness for a particular purpose. In addition, windowparts.com will not be responsible for consequential damages. Please call windowparts.com at 800-368-9556 to discuss the return procedure for your particular item. The item may need to be returned directly to the manufacturer. If so, the manufacturer's Customer Service Department will assist you with their return procedure and warranty program.

Returning a Product Damaged in Shipping
Occasionally a product will get damaged in shipping. If this has happened to your order, please contact windowpart.com at 800-368-9556. We will assist you in filing the claim with the shipper who shipped your order. To expedite the process, please keep the item in its original packaging.

Returning a Product for Other Reasons (Ordered incorrectly or no longer needed)
All returns will incur a 20% restocking fee unless otherwise noted.
All returns must be authorized by windowparts.com prior to returning the part.

The product must be in perfect working order, unused, still in its original condition and packaging, and returned within 30 days of receipt. If your product was Special Order or Custom Manufactured, please see Special Order and Custom Manufactured items below. In order to process your return rapidly and correctly, please follow the steps below:


Call 800-368-9556 for a return authorization
Include your name and order number in the box with the returned part

Return the items to:  Windowparts.com
                               9284 Lapeer Rd
                               Davison, MI. 48423

When we receive your return, we will credit you by the same payment method that was used to make the purchase. You will be credited the price of the product less shipping costs and the restocking fee.


Special Orders and Custom Manufactured Items
All items on our website that do not say "Stock Item" are special orders. These items are non-returnable and non-cancelable once manufacturing has begun or the order has been placed. You may be required to sign our Special Order Form before orders can be placed for these items. A deposit may be required. as well.