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TERMS & CONDITIONS
This Order to and/or Sale by HEADWINDS® INC. hereinafter referred to as HEADWINDS® is subject to the following governing Terms & Conditions:

Title: Title to and possession of all goods passes to Purchaser upon delivery to carrier.

Terms of Shipment: All products are shipped F.O.B. HEADWINDS® California warehouse. Purchaser may specify a preferred carrier for shipment; however, a Handling Fee may be assessed. HEADWINDS® will endeavor to meet that request, but cannot guarantee to do so. If no carrier or shipment method is specified, HEADWINDS® will ship in the manner HEADWINDS® deems appropriate. Shipments refused by Purchaser will be subject to a return Handling Fee as determined by HEADWINDS®.

International Shipment: All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will be the responsibility of the Customer and due at the time of delivery.

Terms of Payment: The full invoice amount is due and payable via VISA®, MASTERCARD®, DISCOVER®, AMERICAN EXPRESS® or PayPal™ without discount and without offsets. International orders must be prepaid by PayPal™, wire transfer of funds, or International Money Order (Credit card is not accepted on International orders). Headwinds® does not offer terms. Purchaser agrees to pay a $35.00 charge on returned checks or other denial of payment. Any account over thirty (30) days will be subject to a charge of one and one-half percent (1.5%) per month or the maximum rate of interest allowed by law, whichever is less.

Late Fees, Collection Costs and Attorney Fees: Collection procedures will be initiated for any amount remaining unpaid 60 days from the date of invoice. Purchaser will pay all collection, attorney’s fees and/or court costs, including penalties, other charges and interest, if any are due, in accordance with this Agreement and applicable state and federal laws.

Cancellation of Orders: All cancellations are subject to a Cancellation Fee as determined by HEADWINDS®. Although HEADWINDS® standard Cancellation Fee is $20.00 per item, regardless of the price of the item, the specific Cancellation Fee assessed will take into account direct and indirect expenses, overhead, costs already incurred, commitments made by HEADWINDS® to its suppliers, and normal provisions for profit and/or cost mark-ups. Orders for both specially manufactured and regularly stocked items canceled before shipment is subject to the Cancellation Fee. Orders may not be cancelled after shipment.

Failure to Deliver and Delays in Delivery: HEADWINDS® shall not be liable for failure to make delivery, delays in delivery, or making partial deliveries.

Claims and Shortages and Non-Conforming Goods: Upon receipt, Purchaser should immediately inspect and test all goods and services provided. Purchaser has seven (7) days from delivery of any shipment to notify HEADWINDS® of any claims regarding shortages or non-conforming goods in that shipment. Failure to make such notification constitutes a waiver of Purchaser’s rights to make any such claims. No claims will be accepted on material shipped to other than the Purchaser or reshipped by Purchaser.

Returns: No returns will be accepted without HEADWINDS® prior verbal or written authorization. Returns shall be shipped to HEADWINDS® in California, F.O.B. destination, freight prepaid. Returned merchandise will only be accepted if returned within 30 days of purchase with HEADWINDS® permission, accompanied by a copy of the invoice. Merchandise must be received back to HEADWINDS® in an undamaged, unused, and 100% salable condition. Returned merchandise is subject to shipping and/or handling charges. A restocking charge equal to the greatest of 20 percent of merchandise sale price or $25.00 per item will be assessed on all returns. NO RETURNS ON ELECTRICAL COMPONENTS.

Marking by Country of Origin: HEADWINDS® products are not marked to indicate their country of Origin. In the event Purchaser intends to resell products purchased from HEADWINDS®, Purchaser agrees to mark the packages in which the merchandise is to be resold to indicate the country of Origin of the products, in accordance with appropriate legal and regulatory requirements.

Severability and Interpretation: Invalidation of any part of this Agreement shall not invalidate the rest of the document. In case of any ambiguities or disagreements on interpretation of this Agreement, the Purchaser and HEADWINDS® agree that this agreement shall be interpreted in favor of HEADWINDS®, and in light of the intent of this document as written.

Governing Terms and Conditions of Order, Sale and/or Purchase: HEADWINDS® will not be bound by any terms in Purchaser’s correspondence, verbal or written orders, request for bids or confirmation forms which are in addition to, or in conflict with the terms stated herein. (See modification clause below).

Governing Laws and Venue: This agreement and transaction shall be governed by laws of the state of California, and the venue for any dispute shall be Los Angeles County, California in the United States of America.

Binding Effect: This agreement is binding on HEADWINDS®, its assigns, its legal representatives, and its successors, and on those of Purchaser.

Limited Warranty on HEADWINDS® Products: HEADWINDS® warrants to the original purchaser that the goods will be free from defects in HEADWINDS® workmanship and assembly for one year following date of receipt. At HEADWINDS® option, HEADWINDS® may repair or replace the defective items, or refund the cost of the defective items. This warranty does not cover any damage caused by accident, misuse, or failure to follow instructions, misapplication, alteration, or attempted repair by anyone other than HEADWINDS®. There are no express warranties beyond those set forth herein. HEADWINDS® is not responsible for return freight charges.

Limited Warranty on TRADEWINDS® Products: TRADEWINDS® products are imports and will not be held to the same standard as the HEADWINDS® line of products. The finish is not warranted. The chrome and mechanics of the products are guaranteed to the original purchaser for a period of one year from the date of purchase. At HEADWINDS® option, HEADWINDS® may repair or replace the defective items, or refund the cost of the defective items. This warranty does not cover any damage caused by accident, misuse, or failure to follow instructions, misapplication, alteration, or attempted repair by anyone other than HEADWINDS®. There are no express warranties beyond those set forth herein. HEADWINDS® is not responsible for the return freight charges.

No Warranty U.S. HEADLIGHTS™ Products: U.S. Headlights™ are not warranted so they can be produced and priced at a low cost. They are not to be held to the same standard as the HEADWINDS® or TRADEWINDS® lines of products. The finish, chrome and mechanics of the product are not warranted. HEADWINDS® is not responsible for any return freight charges.

Limitation of Warranty: HEADWINDS® EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES IMPLIED UNDER THE LAW SUCH AS, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE. HEADWINDS® WILL NOT BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL OR INCIDENTAL DAMAGES. HEADWINDS® LIABILITY FOR ALL CLAIMS WHATSOEVER SHALL BE LIMITED TO THE AMOUNT OF THIS INVOICE.

Limited Warranty on Resale Products: Products purchased by HEADWINDS® from a third party for resale to Purchaser (Resale Products) shall carry only the warranty extended by the original manufacturer. Purchaser agrees that HEADWINDS® has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products.

Acceptance of Terms and Conditions: In the absence of written agreement by Purchaser accepting these terms and conditions, acceptance by Purchaser of any goods covered by this invoice or order shall constitute acceptance of all of these terms and conditions, which shall form the entire contract between Purchaser and HEADWINDS®. HEADWINDS® failure to object to any other or contrary provisions contained in Purchaser’s order, or in any other communications between Purchasers and HEADWINDS®, shall NOT be deemed a waiver of any of these terms and conditions.

Modifications: This Agreement may be modified only by a written agreement signed by authorized representatives of both Purchaser and HEADWINDS®. The terms and conditions entered on the face of this invoice by HEADWINDS® take precedence over those pre-printed (FOR EXAMPLE, C.O.D. payment terms typed on the invoice would supersede pre-printed “net 30” terms).

Pricing: All prices, terms, and conditions are subject to change without notice.

Newsletter Terms and Conditions: By placing an order or subscribing to our newsletter you agree to receive email from us. The aim of our newsletter service is to keep our customers and visitors updated about new products & product discounts from HEADWINDS®. The subscription to our newsletter service is not mandatory.
• Frequency: The frequency of the newsletter issues will be at most 2 (twice) per month.
• Limited Liability: We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice. We will do so with any subscriber we deem registered with fake data.
• Privacy policy: We will not communicate / spread / publish or otherwise give away your address. You'll be able to change your subscription settings or to delete it altogether anytime.

NO REFUNDS OR EXCHANGES ON MODIFIED OR ALTERED PARTS

Rev: 11/17/16


headwinds@headwinds.com | 221 W. Maple Ave. | Monrovia, CA 91016 | Telephone 626-359-8044 | Fax 626-359-6544
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