Purchase and Sale Agreement

1. General: Terms that vary from these conditions or those specified by law, especially Purchaser's conditions of purchase, shall only be considered binding if they have been confirmed by us in writing. Our unconditional delivery of goods, performance of services or acceptance of payments does not constitute a recognition on our part of conditions that vary from these general terms and conditions.

2. Quotations, Contracts: Our offers are conditional. A contract is only formed when we give written or preprinted order confirmation or when orders are filled by us. Amendments, supplements or the cancellation of an agreement or these conditions, must be made in writing. Any statement and notifications issued by the Purchaser after making the contract are only effective if they are made in writing.          

3. Prices: Unless otherwise agreed, our prices do not include the cost of packing, insurance, freight and value added tax.

4. Tools and Models: These shall remain our property even if the Purchaser has paid all or a part of the costs.

5. Prepayment, Security: We reserve the right to demand prepayment or security in an amount equal to the invoiced amount of the order in the event superceding conditions arise or we gain knowledge that our claim is jeopardized. Our demand shall be sent to Purchaser in writing. If the Purchaser fails to provide such prepayment or security within a reasonable time after receipt of the notice, we shall be entitled to withdraw from the contract immediately without giving additional notice

6. Place of Performance: The place of performance shall be our place of supply or storage located in Lincoln, Rhode Island unless stated otherwise.

7. Shipment and Delivery: Unless agreed to otherwise, the goods shall be shipped at Purchaser's risk. Furthermore, we shall specify the manner of shipment, shipment route and carrier. Partial shipments are possible. Section 6 above is not affected by this provision.

8. Delivery Schedules: If we fail to comply with agreed to delivery schedules, Purchaser shall establish an additional delivery period of three (3) weeks or longer, if appropriate.

9. Delivery Shortages: In the event of delivery shortages, we shall, if reasonable, cover the deficiency or issue a credit for the appropriate amount.  

10. Statements of Account: Purchaser shall verify the correctness and completeness of statements of account, especially balance confirmations, as well as notes and settlements of accounts. Objections to statements of account shall be in writing and shall be sent within one month of receipt of the subjects statement. Any other objections shall be made without delay. Failure to make timely objections constitutes approval.

11. Force Majeure: Conditions or Force Majeure shall relieve us from our delivery obligations. If there is a material change in the conditions that exist at the time this contract is concluded, we are entitled to withdraw from the contract. The same rights shall apply to interruptions in our supplies of energy or raw materials or industrial disputes, governmental decrees, breakdowns of transport or of our operations or if our suppliers fail for the foregoing reasons to deliver at all, or fail to deliver in a proper or timely manner.

12. Complaints: All Purchaser complaints, particularly those regarding the quality or quantity of the goods, must be submitted to us in writing without delay, but not later than within ten (10) days, from delivery of the goods.

14.  WARRANTY/PRO DUCT REPRESENTATIONS: 

HEICO SPORTIV North America, Inc will replace any product at the Purchaser’s option, for any defects in material or workmanship, for a period of 4 years.

Warranty Period:  any warranty period provided in this agreement begins on the date of shipment from HEICO SPORTIV North America.

HEICO SPORTIV North America is not responsible for damage to product which results from negligence, improper installation, improper operation of a vehicle, improper repair, lack of or improper maintenance, environmental influences, flood, accident or fire damage, road salt corrosion, or use of improper or contaminated fuel. 

The decision to replace said defect in material or workmanship and/or refund any purchase is solely the prerogative of HEICO SPORTIV North America.

Any warranty contained herein only applies to the replacement and/or refund of the purchased part and does not include labor costs, incidental and consequential damages, including loss of time, inconvenience, or loss of use of the vehicle.

HEICO SPORTIV NORTH AMERICA UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.  THE DURATION OF ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES HEREIN.  NO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED.

HEICO SPORTIV NORTH AMERICA DOES NOT MANUFACTURE, DESIGN, ALTER AND/OR PROVIDE WARNINGS FOR ANY OF THE PRODUCTS, INCLUDING TIRES, SPRINGS, AND WHEELS, CONTAINED IN ITS CATALOG OR WEBSITE.  A S SUCH, HEICO SPORTIV NORTH AMERICA IS NOT RESPONSIBLE FOR ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, ACTIONS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, FEES, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES AND COSTS OF INVESTIGATION AND EXPERTS) RESULTING FROM OR ARISING OUT OF ANY CLAIM THAT THE PRODUCT HAS A MANUFACTURING FLAW, IMPROPER DESIGN OR FAILS TO PROVIDE ADEQUATE WARNINGS REGARDING THE USE OF THE PRODUCT.

HEICO SPORTIV NORTH AMERICA NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF ANY PRODUCT.

HEICO SPORTIV GmbH and Co. KG and HEICO SPORTIV North America are registered trademarks of their owners. This website is protected by copyright and trademark, right of privacy, and publicity laws of the U.S.A. and other countries. It may not be reproduced or transmitted in whole or in part in any form, without prior written permission. Any infringement will be prosecuted to the full extent of United States and international law. © 2007 HEICO SPORTIV, GmbH and Co. KG. All rights reserved.

All other brand or product names listed in this catalog including copyrights or trademarks are intellectual property of their respective holders, and no affiliations, including with Volvo Cars North America and Volvo Cars, are expressed or implied.

15. Place of Jurisdiction: The Purchaser agrees to the jurisdiction of the state and federal courts of the State of Rhode Island.  If legal proceedings are instituted by HEICO SPORTIV North America against Purchaser, HEICO SPORTIV North America shall have the option to also institute legal proceedings at the Purchaser’s place of domicile. 

16. Applicable Law: Both parties agree that this agreement with all its integral attachments shall be governed by and construed in accordance with the laws of the State of Rhode Island.

17. Severability: Should any of these conditions be deemed wholly or partly invalid, this has no effect on the validity of the remaining conditions.