Terms & Conditions
BimmerWorld, Inc., Terms & Conditions
1. Any reference to Company/Seller/We/Us shall mean BimmerWorld, Inc., 4085 Pepperell Way, Dublin, Virginia 24084, United States.
2. Any reference to You/Buyer/Purchaser shall mean any person, business, or other entity detailed in the appropriate section of the sales invoice/order form.
3. Goods or equipment ordered shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all additional parts, connecting components or ancillary items, not detailed within the sales order form, shall be additional to this agreement.
4. Price shall mean the amount due for purchase and excludes tax and/or shipping.
5. Orders placed via the Internet are mere offers to purchase and shall not be accepted or binding upon BimmerWorld until confirmed or acknowledged in writing by BimmerWorld by means of invoice or statement confirming acceptance of your order or by despatch of goods to you. Order acknowledgement sent by BimmerWorld subsequent to the order and payment shall not amount to confirmation of order. BimmerWorld reserve the right to refuse any offer to purchase prior to written confirmation or despatch, where goods ordered become unavailable, the price of goods varies or an error is made by BimmerWorld in the price, description or for some other reason, whereupon a full refund of your payment will be made to you, usually in the method you made payment to BimmerWorld.
6. "Business day" shall mean any day excluding Saturdays, Sundays and public holidays.
7. These conditions shall apply to all of BimmerWorld's quotations and orders (including telephone and internet orders) for the sale or supply of goods accepted by BimmerWorld. For the Buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the order are hereby excluded and shall not be binding upon BimmerWorld.
8. Web Site information is indicative only and any specifications, weights, measurements and technical data (whether relating to performance or otherwise) are for guidance only. Additionally, parts or components pictured or described within the site are for illustration purposes only and may vary in size, specification, color and fitment dependent upon the make and model of your vehicle. Buyers are therefore required to check current specification, colors, weights and measurements with manufacturers or BimmerWorld, prior to order. Manufacturers also allow tolerances within the manufacturer of their products and also reserve the right to amend specifications, without notice, in order to improve products or where amendment becomes necessary and BimmerWorld shall endeavor to inform the Purchaser of any such amendment or change.
9. BimmerWorld reserves the right to amend technical or clerical errors in any order without notice. In addition, the Buyer shall ensure that all details contained within the order are correct prior to submission to BimmerWorld. Subsequent to delivery, BimmerWorld shall accept no liability for any error or inaccuracy in order unless notified of such error within fourteen days of delivery/receipt of any document containing the said error.
10. All guarantees for products are provided entirely by the manufacturers and are subject to terms contained therein. Purchasers are reminded to complete and return all warranty cards/documents upon receipt of goods where appropriate.
LIMITATIONS UPON LIABILITY
11. Advice given by agents of BimmerWorld during telephone/Internet orders is based entirely upon information given by the Purchaser with no inspection or confirmation. As such, all advice given is indicative only and all such advice should be checked by the Purchaser prior to order. Where advice is given after visual inspection by agents or servants of this company, such advice shall amount to an opinion only. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put. No liability for failure can be accepted by this company for such alternative use, amendment or modification.
12. For Buyers, BimmerWorld is hereby excluded from any liability, howsoever arising, in respect of any express or implied condition, warranty or term, statement, representation whether statutory or otherwise, relating to the goods supplied. The Buyer accepts that he is best placed to insure against losses which arise by virtue of any breach of this agreement and warrants that he carries adequate insurance in this respect.
13. Goods ordered by the Buyer may not be compatible with vehicles which have been modified, adapted or altered. Where goods ordered by the Purchaser are not compatible by reason of modification, adaptation or alteration, BimmerWorld may accept such goods back into stock entirely at its discretion, and shall either issue a refund or credit to the Purchaser except where goods are specifically ordered for the Purchaser where no such refund or credit will operate.
14. Where goods purchased by the Buyer are alleged to be defective, the Purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The Purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the Purchaser shall no longer be warranted by the manufacturer nor shall BimmerWorld be liable for any failures resulting subsequent to modification as a result of such modification.
15. Competition goods are supplied for specialist use and are subject to extreme heat and stress during use. Life expectancy and durability are greatly reduced and Purchasers should note that any claim for failure/wear, shall not be entertained by BimmerWorld. It is acknowledged by the Buyer of such goods that the foregoing statement shall be a relevant and important issue in any claim brought against BimmerWorld and BimmerWorld shall, in turn, place importance upon this clause. In addition, parts connected to parts supplied by this company may be placed under stress where specialist/competition parts are used, and Purchasers should take advice from experts prior to purchase. Manufacturers may also limit guarantees when components are installed for competition use.
16. Where goods are defective, incorrectly supplied, delayed or otherwise in breach of the implied terms of the Buyers statutory rights, all losses which result from loss of competition points, awards, loss of entry fees or other similar losses, are excluded and shall not be reclaimable from BimmerWorld. In addition, BimmerWorld shall accept no liability for death or personal injury unless caused directly by the Company’s own negligence.
17. No liability is accepted by BimmerWorld where Purchasers attempt to modify or install components supplied where it is known or ought to reasonably be known to the Purchaser that the part supplied is incorrectly supplied or otherwise not in accordance with the order.
18. BimmerWorld accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of BimmerWorld, including but without limitation, strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
19. All specially manufactured, special order, or electronic goods are obtained exclusively for the Purchaser and cannot be returned. The only warranty provided to the Buyer for specially manufactured goods is that the goods are without defect and will perform as represented by BimmerWorld. In the event BimmerWorld provides a special product that is defective BimmerWorld will have the opportunity to correct its defect in accordance with the terms of our returns and exchanges policy. If the technician chosen by the Buyer cannot get the product to perform as represented by BimmerWorld, upon return of the product, BimmerWorld may either refund the purchase price or the product or direct the Buyer to deliver the component or vehicle to an alternate facility or BimmerWorld itself. All costs of shipment and installation will be the cost of the Buyer unless determined defective and compensated by BimmerWorld at its sole discretion.
20. Some performance parts may void your warranty - please verify with your salesman or dealer if this is an important factor for your use.
21. Notwithstanding any other provision of this Agreement, nothing in this Agreement shall confer a benefit on any person or persons not named as the Purchaser.
22. Quotations are given on the assumption that no variation in the price will be made by the manufacturer or by any other unknown factor between quotation and payment. In the event of such changes, the Buyer shall be liable for the full cost of any change only after notice from BimmerWorld. You will be contacted by BimmerWorld for consent of any price increase prior to shipment. Where no such consent is obtained, the Buyer’s agreement to purchase shall be treated as cancelled. Buyers are hereby informed that smaller quantities of material than ordered may increase the overall price per unit, there being reduced economies of scale. The resulting additional cost shall be the Buyer’s.
23. Unless otherwise stipulated within the sales invoice/order form, all accounts and quotations are payable with order or otherwise in accordance with the terms of the Buyer's account. Failure of payment will prevent shipment and may result in fees for accounts of agreed terms.
TITLE AND DELIVERY
24. Ownership or Title to the product shall not pass to the Buyer until BimmerWorld has received payment in full. In the event that sums owing in respect of other items ordered remain due, apportionment by this company shall take place without prejudice to the right to retain title or ownership in respect of all goods ordered.
25. Delivery times will be quoted at time of order and all times given for shipment or delivery are approximate. BimmerWorld reserves the right to change delivery services without written or oral consent, and will use its best efforts to provide delivery at a date agreed upon unless guaranteed delivery is agreed upon and the Buyer agrees to pay any and all resulting expense. Cost of transportation is an expense of Buyer. BimmerWorld will deliver all products to a carrier and the risk of loss or damage during transportation or unloading is the Buyer's risk.
26. Buyer is required to notify BimmerWorld of any shortage, misdelivery or other discrepancy immediately, or at the latest within seven days of such shortage, misdelivery or failure, thereafter the Buyer shall be liable for any such discrepancy. BimmerWorld will assist Buyer in making carrier claims. Buyer should retain all packaging in the event of a claim or return within the terms of this agreement.
27. Delivery and packing prices indicated within the site are subject to change and will be confirmed at the time of order. Buyers outside the USA shall be quoted approximate prices for delivery and packing prior to order confirmation. If required BimmerWorld shall quote for delivery and packing in such instances and confirmation of acceptance shall be required from the Buyer prior to acceptance of order.
RESOLUTION OF DISPUTE AND JURISDICTION
28. These terms and this agreement (including an agreement concluded by means of distant communication) shall be interpreted in accordance with Virginia law. Buyer agrees that Pulaski County, Virginia is the sole and exclusive jurisdiction for resolutions of all disputes between said Buyer and BimmerWorld. It is the intent of the parties to this agreement to negotiate in good faith and to make every reasonable effort to fairly resolve any disputes arising under these terms. Each party does hereby agree to attempt to negotiate a resolution of any dispute. In the event the parties are unable to resolve any dispute by negotiations, the parties agree to submit the dispute to non-binding mediation. In the event mediation does not resolve the dispute the parties agree to submit the matter to arbitration to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the Virginia Arbitration Act, or such other rules and procedures agreed upon by the parties. Each party will bear its own expense including its attorney’s fees for any arbitration that may be necessary. The judgment of the arbitrators and the aware of the arbitrators may be submitted to a court of competent jurisdiction in Pulaski County, Virginia, for approval and enforcement.
29. BimmerWorld reserves the right to end promotions at any time. Coupons cannot be used in association with other coupon offers. Coupon cannot be applied after expiration.
RISK OF INJURY OR DEATH
30. Racing, motorsports, and high speed driving are inherently dangerous activities, and accidents may lead to injury and death. BimmerWorld is not liable for any damages related to these activities.
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