STANDARD TERMS AND CONDITIONS OF SALE AND LIMITED WARRANTY
Last updated: December 15, 2017
PLEASE READ THE FOLLOWING CAREFULLY.
By clicking the button "Agree," or otherwise accessing and using our website, and/or by placing an order with Moss Motors, Ltd. (“Moss,” “we” “us” “our”), you acknowledge and represent that you are over 18 and have the legal capacity and authority to enter this Terms and Conditions/Warranty Agreement (“Terms”).
These Terms constitute a binding agreement between Moss and you.
2. PRICE. It is Moss’ intent that prices in our Catalogues and on our Website are accurate and up to date. However, prices are subject to change without notice. Please inquire about price at the time of purchase.
3. LIMITED WARRANTY. Moss is proud to provide one of the longest warranty in the business. Everything we sell is warranted to be free from defects in material and workmanship for 1 year from the date of invoice. If the product warranted above fails, within the warranty period, Moss will, at its discretion, repair or replace the product. This warranty does not cover labor, failure of related components, normal wear of brake or clutch components or failure resulting from alteration, misuse, accidental damage, faulty installation, or faulty repair. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSELY STATED HEREIN, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. If a product/part fails while under warranty, a warranty request should be submitted to Moss’ sales department and must be supported by the original Moss purchase invoice, documentation of the failure and, upon request, return of the defective part.
4. LIMITATIONS OF LIABILITY. It is Moss’ intent that the products sold, and services we provide, always function appropriately and no damages result. However, you understand and agree that any damage that may result is expressly limited (A) TO THE MAXIMUM EXTENT PERMITTED BY LAW MOSS, INCLUDING ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS AND AGENTS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH (I) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (II) THE FAILURE OF A PRODUCT OR PART SOLD BY MOSS TO YOU; (III) THE INCORRECT INSTALLATION OF A PART/PRODUCT SOLD BY MOSS TO YOU; (IV) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE; AND/OR (V) ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON MOSS’ BEHALF; (VI) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOSS FOR ANY DAMAGES OR LOSSES IN CONNECTION WITH THE SALE OF PART(S)/PRODUCT(S) EXCEED THE TOTAL AMOUNT OF ANY AMOUNT PAID BY YOU FOR THE PART(S)/ PRODUCT(S).
MOSS MOTORS, LTD. DOES NOT WARRANT THAT ITS WEBSITE OR ANY OF ITS FUNCTIONS, INCLUDING ANY ELECTRONIC COMMUNICATIONS WHICH WE SEND TO YOU, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THOSE COMMUNICATIONS, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THESE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK.
5. INSTALLATION NOT INCLUDED. Moss is not liable for injury or damage due to incorrect installation or use of their products/parts. All products/parts and are sold with the understanding that the safe and proper installation and use of the products is the customer’s responsibility. It is the customer’s responsibility to check with their local laws to determine if the product they have purchased from Moss and then installed on their vehicle may or may not be legal. Follow factory workshop manual procedures and instructions, but use current shop safety standards and common sense. Some tasks will require professional advice which Moss does not provide.
6. MODIFICATION OF THESE TERMS. Moss reserves the right, at its discretion, to change these Terms at any time and/or to discontinue any part of the Website. A change to the Terms will be effective (a) ten days following Moss sending a notice to you; or (b) after Moss posts a revised agreement on the Website or in the Catalogue and you subsequently use the Website and/or order a part/product from us.
7. GOVERNING LAW/ VENUE FOR ACTIONS. By ordering parts/products from Moss you agree that (a) all claims arising out of or relating to the transaction will be governed by California Law; (b) all claims arising out of or relating to the transaction shall be brought and litigated exclusively in the Superior Court of the County of Santa Barbara (Anacapa Division), California, USA; and (c) you consent to personal jurisdiction in the previously mentioned court.
3. HOW AND WHEN THE INFORMATION IS USED. The information we collect is used for administering our business activities i.e., collecting your name, mailing address, credit card information, and e-mail address to allow for us to process and fulfill an order you place on our website. Occasionally we may use the information to notify you about changes to our website, new services, or special offers. If you wish to unsubscribe from our email list you may at any time.
4. HOW WE PROTECT YOUR INFORMATION. The privacy and protection of your information is important to us. We do not make any personal information available to third parties without your permission except as described below. Your access to some services and content is password protected. We advise that you do not disclose your password to anyone. In addition, we recommend you sign out of password-protected services at the end of your session.
5. WHO HAS ACCESS TO THE INFORMATION. Information about our users is important to us. We will not disclose individually identifiable information to any third party without first receiving that user’s permission, except as necessary to fulfill your orders and support our marketing activities including direct mail, e-mail, database cleaning and maintenance, and analysis. They have access to personal information needed to perform their functions, but may not use it for other purposes. We do not sell, rent or trade our customers' personal information to third parties. We may from time to time contract with third party vendors to provide ads to our customers on our behalf via the Internet or to send direct mail or catalogs to customers whom we think may be interested in our products or services. In order to do so, the vendor may collect anonymous information about your visits to our website using a “cookie”. Third-party vendors may then pool the anonymous information that they collect from our website with other sources of information, which may include your name and mailing address, for purposes of determining whether you might be interested in receiving direct mail or a catalog.
6. METHODS WE USE TO PROTECT YOUR INFORMATION. We use security software to protect the confidentiality of your personal information. When you order from us, we offer a secure server. The secure server software (SSL) encrypts all the information you input before it is sent to us. Our system supports up to 128-bit encryption, one of the highest levels available.