Terms and Conditions

PRICE:

The purchase price for all merchandise shall be the amount stated on the invoice sent from McGaughy’s to customer and are subject to change without notice prior to customer’s acceptance. Unless otherwise stated, prices shall be in U.S. dollars and exclusive of freight, insurances, taxes, duties, and any other charges. Customer shall be solely responsible for all sales, freight, use, excise, value-added, and other taxes, fees, and assessments imposed by the carrier or any governmental authority (as applicable) on the sale, purchase, delivery, or use of the merchandise, excluding such taxes or assessments imposed on or related to McGaughy’s income, revenues, gross receipts, or other assets. If any government action or law increases McGaughy’s costs or imposes new surcharges after McGaughy has accepted customer’s order, McGaughy’s may adjust the price or pass through such additional costs to the customer upon written notice to customer.

PAYMENT TERMS:

To the extent McGaughy’s issues Customer an invoice for the merchandise, customer shall pay the purchase price no later than thirty (30) days from the date customer received the invoice unless as otherwise agreed to in writing between McGaughy’s and customer.  Customer shall notify McGaughy’s in writing by e-mail to info@mcgaughys.com of any dispute with any invoice within three (3) days from the date that customer received the invoice. Customer is deemed to have accepted all invoices for which McGaughy’s does not receive timely notification of such dispute. Customer and McGaughy’s shall seek to resolve such disputes expeditiously and in good faith; however, customer shall continue to perform its obligations hereunder, including its obligation to pay all invoice amounts and accrued interest (if any) when due. McGaughy’s shall promptly credit customer for any disputed invoice amounts paid by customer that customer successfully disputes.  Past-due amounts shall accrue interest of 1.5% per month from the due date until paid in full (not to exceed 18% per annum or the maximum rate permitted by law).  McGaughy’s reserves the right to suspend or cancel any deliveries for any failure by customer to pay the purchase price and/or accrued interest thereon.

DELIVERY, RISK OF LOSS, DAMAGE CLAIMS OR MISSING PARTS:

Unless as otherwise agreed to in writing between customer and McGaughy’s, delivery of the merchandise is F.O.B. origin, and title and risk of loss of the merchandise passes to customer upon McGaughy’s tender to the carrier at McGaughy’s facility or other shipment point. Freight damage claims or missing parts claims must be noted on the original bill of lading and you must notify the carrier of the problem upon receipt of merchandise before it will be considered by McGaughy’s. Customer must deliver written notice, including a copy of the a forementioned bill of lading, of such a claim to McGaughy’s via email at info@mcgaughys.com no later than five days of receiving the damaged product or not receiving the missing parts. Merchandise lost or damaged in transit is the sole responsibility of the freight company.

RETURN MERCHANDISE AUTHORIZATIONS:

All merchandise returned requires prior approval from authorized personnel and only when a return number has been issued can the part(s) be returned. No returns will be accepted without a Return Merchandise Authorization Number (RGA#). Merchandise received that does not have the proper RGA#, will be returned to the customer at the customer’s expense. Please call-in all RGA requests, 559-226-8196. All parts must be returned in the original packaging, original condition, and absolutely NO returns on installed parts. All returned parts must be shipped freight prepaid with a visible RGA# on each box. Custom fabricated parts and parts that have been custom powder coated or painted are not returnable.

STOCK ADJUSTMENTS:

Returns for stock rotation will only be allowed once each year, up to 5% of net annual purchases, and must be accompanied by an order for new products at least twice the value of the products being returned or a fee of 20% if the purchase price shall be charged as a restocking fee. Rotation returns, once approved, must be shipped by customer with freight prepaid. All returns are subject to the above conditions. Returns for reasons other than warranty or stock rotation will be assessed a fee if 20% of the purchase price shall be charged as a restocking fee. These returns, once approved, must be shipped freight prepaid at customer’s sole expense.

WARRANTY:

McGaughy’s warrants all products manufactured by them against material defects in materials or workmanship for a period of one-year from the date of original purchase. All McGaughy’s spindles carry a lifetime warranty against manufacturer’s defects. The warranty will NOT extend to any piece of merchandise, or part therein, that has been altered or modified in any manner, improperly installed, abused, or neglected. Warranty is limited to the repair or replacement, at McGaughy’s discretion, after their inspection of the defective product/part(s), once returned to McGaughy’s with proof of purchase, and all shipping costs prepaid by customer. McGaughy’s is not liable for any cost of labor or freight. Incidental, indirect, loss of profits, or consequential damages are expressly excluded from this warranty regardless of whether such damages were foreseeable or otherwise. Check fit all products prior to custom painting/powder coating or any form of fabrication (sanding, drilling, grinding, chroming, etc.). This warranty shall  not apply to any products that have been modified prior to check fitting such parts on the intended vehicle. Call for technical assistance, 559-226-8196, prior to modification if installation problems arise. Customer’s exclusive remedy and McGaughy’s sole obligation for any breach of warranty shall be, at McGaughy’s sole and absolute discretion: (A) repair or replace the non-conforming product, or (B) refund of the purchase price upon return of the product in accordance with McGaughy’s instructions.  EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, MCGAUGHY’S MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING BY LAW, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCGAUGHY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS WARRANTY, THESE TERMS AND CONDITIONS, OR THE MERCHANDISE, EXCEED THE TOTAL  AMOUNTS PAID BY CUSTOMER FOR THE MERCHANDISE .

MODIFICATIONS:

McGaughy’s may modify, amend, or replace the terms and conditions set forth herein at any time in its sole discretion, without notice to customer. The revised terms will be effective upon the date they are posted at www.mcgaughys.com and shall supersede all prior terms and conditions from such date. Customer is responsible for reviewing the terms and conditions regularly.

RELATIONSHIP OF THE PARTIES:

Nothing set forth herein will be construed to create or imply a joint venture, partnership, association, or other similar obligation between McGaughy’s and customer. Neither McGaughy’s nor customer has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party.

CHOICE OF LAW AND VENUE:

All matters arising out of and relating to these terms and conditions are governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions thereof. McGaughy’s and customer irrevocably and unconditionally acknowledges and submits to the exclusive jurisdiction of Fresno County, California and the State and/or Federal Courts thereof. McGaughy’s and customer further acknowledge and agree to hereby waive any and all right to assert that Fresno County is an inconvenient or improper forum.   McGaughy’s and customer irrevocable consent to the service of process out of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, addressed to the parties at the customer’s billing addresses and McGaughy’s Fresno office or to such other address that may be designated by McGaughy’s and customer in writing.

FORCE MAJEURE EVENT:

Except for the payment of money, neither McGaughy’s nor customer shall be liable for any delay or failure to perform as required by these terms and conditions to the extent that such delay or failure to perform is due to events beyond the reasonable control of the impacted party, including but not limited to, natural disasters or other catastrophes (e.g., earthquakes, hurricanes, or other severe weather events), labor strikes, labor stoppages or slowdowns, industrial disturbances, epidemics, pandemics, and quarantines, war, terrorist acts, civil unrest, power outages, embargoes or blockades, national or regional emergency, lack of warehouse or storage space, inability or delay in obtaining supplies or suitable materials, or other Acts of God (“Force Majeure Event”). Such obligations to perform as set forth herein shall be extended for an equivalent amount of time for the resolution of the Force Majeure Event; however, the impacted party shall take commercially reasonable best efforts to minimize the effects of a Force Majeure Event.  Notwithstanding the foregoing, McGaughy’s reserves the right to cancel any and all order and provide a refund to Customer of any amounts paid by Customer for the merchandise.

WAIVER:

No waiver by McGaughy’s of any of the provisions of these terms and conditions is effective unless explicitly set forth in writing and signed by McGaughy’s. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising herein operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder, precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

NOTICES:

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the customer’s billing addresses and McGaughy’s Fresno office or to such other address that may be designated by McGaughy’s and customer in writing. All notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), e-mail or facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided herein, a Notice is effective (a) three days after mailing by certified or registered mail (b) one day after mailing by recognized overnight courier.  Notice of change of any address, telephone, or email address shall be given by written notice in the manner detailed in this Section.  Rejection or other refusal to accept or, the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice.

DISPUTE RESOLUTION AND ATTORNEY’S FEES:

McGaughy’s and customer shall attempt in good faith to resolve promptly any dispute arising out of or relating to these terms and conditions by negotiation and consultation between themselves. In the event the parties cannot resolve the dispute within thirty (30) days of being placed on notice of the dispute, the parties may submit the dispute to . McGaughy and customer covenant that they will use commercially reasonable efforts in participating in the mediation, and agree that the mediator’s fees, expenses, and costs incidental to the mediation will be shared equally between the parties. If the parties refuse to participate I mediation or are unable to resolve the dispute in mediation, the parties may bring an action in a forementioned courts in Fresno County. The non-prevailing party in such action shall be solely responsible for the payment of the attorneys’ fees and other court costs of the prevailing party.

ENTIRE AGREEMENT:

These terms and conditions and applicable invoice, if any, supersede all prior negotiations, discussions, and dealings (whether written or oral) concerning the subject matter hereof, and shall constitute the entire agreement between McGaughy’s and customer concerning the subject matter hereof.