Dealer's Terms and Conditions

 

 

 

 

This list may not be complete and MEDVED may own additional trademarks or service marks that are not listed herein.  If You have questions about MEDVED marks, please contact info@medved.com. You may not use any MEDVED marks without MEDVED’s written permission.

 

Trade names.  MEDVED operates under several different trade names.  While a full list of such names is available through the Colorado Secretary of State, below are the current trade names in use.  These names are subject to change without notice:  Medved Chevolet Cadillac.  This list may not be complete and MEDVED may own additional trade names that are not listed herein.  If You have questions about MEDVED trade names, please contact info@medved.com. You may not use any MEDVED trade names without MEDVED’s written permission.

 

Relief For Breach. MEDVED reserves all rights and remedies at law and equity in the event You breach any of these Terms or violate Our rights in any manner.  You agree that MEDVED (or any single entity) may proceed with such injunctive relief as may be available to prevent Your breach and, in addition, may pursue an action to recover damages.  You agree that, because of the difficulty in measuring damages in connection with any misappropriation or theft of MEDVED’s confidential and proprietary information, copyrighted information, or other intellectual property, You will be liable to pay the injured MEDVED entity $1,500.00 (fifteen hundred dollars) U.S. for each unauthorized use of MEDVED’s proprietary information and/or intellectual property materials.  Also, You will be responsible for any and all of MEDVED’s attorneys’ fees and costs for having to make any claim, including, without limitation, any demand, action, proceeding, or litigation against You for such misappropriation and/or infringement.  You agree that such amounts are not punitive in nature, but are necessary in order to protect MEDVED’s proprietary rights and are in the nature of liquidated damages.

Third party relationships.  MEDVED may have agreements with other entities, which entities may change without notice, including automobile manufacturers with whom we conduct business.  MEDVED uses third party entity names with permission.  No use by others is granted without written permission.  MEDVED makes no representation regarding these third parties and has no control over how third parties use information,  their use of “Cookies,” or the safety of content on their websites.  Should You wish to make a purchase on the Sites and are directed to a third-party website to make that purchase, MEDVED disclaims any and all liability whatsoever (as more specifically detailed by Our Disclaimers).  Should You have any questions regarding these third parties, the information shared or do not wish to have Your information shared with such third parties, please contact info@medved.com.  Also, please see Our Privacy Policy for more information.

Links/Third Party Services or Products.  Any reference or link to another website, product, service, or entity does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship with MEDVED.  Further, the views and opinions expressed in any referenced link do not necessarily state or reflect those of MEDVED. MEDVED does not guarantee any of the representative pricing detailed on the Sites and the LIMITATIONS ON LIABILITY stated herein applies. Also, please see Our Privacy Policy and the information regarding Linked Sites in that policy.

Representation of Condition. You understand and agree that use of the products detailed on the Sites involves some risk of generating or increasing a physical injury or aggravating a pre-existing physical condition.  Accordingly, You hereby assume all risks of use of products offered for sale or license on MEDVED’s Sites, waive any rights of action against MEDVED, including its officers, directors, employees, suppliers, advertisers, and agents as a result of any injury or condition that may result from such use and hold MEDVED including its officers, directors, employees, suppliers, advertisers, and agents harmless and release Us from liability, claims, demands, or actions, or causes of action whatsoever, including attorneys’ fees and costs, arising out of any damage, loss, injury to You or Your property, or Your employees or independent contractors, whether such loss, damage or injury results from the negligence of MEDVED, including its officers, directors, employees, suppliers, advertisers, and agents, another third party, or from some other cause.  This waiver and release from liability shall apply for all periods during or after Your use of any products purchased, leased, or licensed from MEDVED and shall apply to and for the benefit of all successors, assigns, heirs, and personal representatives.

Use of Name/Likeness.  By providing MEDVED with any written comments regarding its Sites, products or services, You hereby agree that MEDVED, its affiliates and its business partners may use Your name, likeness, and such comments for advertising purposes on the world wide web, in print advertising, or any other advertising medium now known or hereafter developed, without further compensation or consideration. You agree to execute a further “model release” or other documentation as reasonably requested by MEDVED to fulfill the intent of this Paragraph.

DISCLAIMER/LIMITATION OF LIABILITY. 

MEDVED, including its officers, directors, employees, suppliers, advertisers, and agents, assumes no liability for Your activity in connection with the Sites whatsoever, including, without limitation, Your use of Our products/Sites, Your purchases on the Sites and/or Your payment for purchases through third-party websites.  

THE PRODUCTS AND SERVICES PROVIDED AND THE MATERIALS ON THE MEDVED WEBSITES ARE PROVIDED BY MEDVED ON AN "AS IS" BASIS.  TO THE EXTENT PERMITTED BY LAW, MEDVED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTED OR INTENDED RESULTS OF ANY PRODUCTS, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED FOR SALE, LICENSE OR LEASE. 

IF YOUR USE OF THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES FROM THE SITES RESULTS IN THE NEED FOR MEDICAL ATTENTION FOR YOU, YOUR HEIRS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR YOUR EMPLOYEES OR INDEPENDENT CONTRACTORS OR OTHERS AT YOUR DIRECTION, YOU ASSUME ALL COSTS, INCLUDING ATTORNEYS’ FEES AND COSTS, THEREOF WITHOUT ANY RIGHT OF CONTRIBUTION OR RECOVERY FROM MEDVED.

FURTHER, MEDVED DOES NOT GUARANTY OR WARRANT, AND DISCLAIMS ANY AND ALL LIABILITY FOR YOUR INABILITY TO USE OUR PRODUCTS OR SERVICES, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEFECTS IN THE ACCURACY OR COMPLETENESS OF PRODUCTS OR SERVICES, DELAY OR FAILURE OF IN SHIPMENT OR TRANSMISSION, ERRORS OR OMISSIONS IN SERVICE, PROBLEMS WITH THIRD-PARTIES WITH WHOM MEDVED CONDUCTS BUSINESS, RECOMMENDATIONS BY OUR EMPLOYEES OR AGENTS, INCOMPATABILITY WITH OPERATING SYSTEMS, AND ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM THE USE OF THE PRODUCTS PROVIDED BY MEDVED.

IN NO EVENT SHALL MEDVED BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED FOR SALE, LICENSE OR LEASE BY MEDVED.

IN THE EVENT PRODUCTS OR SERVICES ARE UTILIZED, LICENSED, LEASED, OR PURCHASED FROM MEDVED IN A JURISDICTION THAT DOES NOT PERMIT ALL OR A PART OF THESE DISCLAIMERS, THE MAXIMUM AMOUNT RECOVERABLE FOR ANY CLAIM, DEMAND, ACTION, PROCEEDING OR JUDGMENT WHATSOEVER, INCLUDING ANY AND ALL ATTORNEYS’ FEES AND COSTS, SHALL BE RESTRICTED TO THE AMOUNT PAID DIRECTLY TO MEDVED FOR THE MEDVED PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE JUDGMENT.

SOME PURCHASED PARTS AND/OR ACCESSORIES MAY HAVE LIMITED WARRANTIES PROVIDED BY THE MANUFACTURER, NOT MEDVED.  FOR ANY PROBLEM OR ISSUE WITH A PURCHASED PART OR ACCESSORY, YOU MUST CONTACT THE MANUFACTURER. 

THE ENTITIES DEFINED AS MEDVED BY THESE TERMS SHALL NOT BE JOINTLY OR SEVERALLY LIABLE FOR ANY CLAIM, DEMAND, ACTION, DISAGREEMENT, LITIGATION OR OTHER PROCEED WHATSOEVER.  SHOULD YOU HAVE AN ISSUE WITH A PARTICULAR ENTITY, YOU MUST DEAL WITH THAT ENTITY DIRECTLY TO RESOLVE THAT ISSUE.

Pricing.  MEDVED, on its own or through third party business partners, is the seller of parts and accessories detailed on the Sites.  We may make changes to product prices without notice at any time prior to placement of Your order.  Further, all products are subject to availability.  We reserve the right to cancel orders in Our sole discretion at any time and for any reason.  Pricing of an item will not be confirmed until You order. Your credit card will not be charged until after Your order has been shipped, delivered to You or picked up at Our location.  Despite Our efforts, a small number of items on the Sites may be mispriced.  If an item’s correct price is higher than the stated price, We will either contact You for instructions before shipping or cancel Your order and notify You of such cancellation and the reason for such cancellation.  Should MEDVED utilize third parties to handle Your payment for any product or service, You agree that MEDVED is not responsible for any problem You may have with that payment whatsoever.

Orders.  We are not responsible for orders that are not received. All orders are subject to a verification process; and any information submitted that cannot be verified by a customer’s financial institution may cause delays.  Your receipt of an electronic or other form of order confirmation does not signify Our acceptance of Your order, nor does it constitute confirmation of Our offer to sell. You may modify or cancel Your order at any time prior to the processing of Your order.

Shipping/Delivery/Pickup.  All items purchased from the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to You when We deliver the item to the carrier. We reserve the right to refuse to replace orders for customers who have made excessive loss and replacement requests determined in Our sole discretion.  We work with several partners to ship Your order, including UPS and Federal Express. If You choose to pick up Your item, the risk of loss and title for such items passes to You when You pick up the items from Our location.

Product Warranty.  Please ask for a copy of any applicable limited warranty for any product purchased.  MEDVED does not provide any warranties of any kind.  Contact the manufacturer directly for any warranty or product issues.

Accounts, Passwords and Security.  You may choose to register for an account and be prompted to choose Your user ID and password.  You are solely responsible for maintaining the confidentiality of Your account information, including Your password, and for any and all activity that occurs under Your account. You agree to notify Us immediately of any unauthorized use of Your account or password or any other security breach. You may be held liable for losses We incur due to someone else using Your user name, password or account.  You may not use anyone else’s user name, password or account at any time without the express permission and consent of the holder of that user name, password or account.  We cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

Indemnity. You agree to hold harmless and indemnify MEDVED, and its officers, directors, employees, affiliates, business partners, licensors, licensees, suppliers, advertisers, and agents from and against any third-party claim arising in any way from or related to Your use of the Sites. purchase of products on the Sites and/or any use of MEDVED’s services.

Choice of Law/Applicable Laws.  By purchasing, leasing or licensing product(s) from MEDVED, receiving Our services, and/or using the Sites in any manner, You agree that any legal problems or issues arising as a result of the Sites or purchases or leases of goods or services made through the Sites are subject to the laws of the State of Colorado, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflicts of laws. Only the County Courts in which the specific MEDVED entity has its principal place of business or the U.S. District Court of Colorado will have jurisdiction over matters concerning the Sites, purchases, licenses or leases made on the Sites for services or products, or other claims, demands, actions, litigation or other proceeding whatsoever against MEDVED, including its officers, directors, employees, suppliers, advertisers, and/or agents.  Further, You and MEDVED expressly and irrevocably consent to the personal jurisdiction and venue in these courts for any violation of these Terms.  You also agree that in any dispute, including any legal action, with MEDVED, You will only assert claims in an individual (non-class, non-representative) basis, and that You will not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than Yourself.

MEDVED administers the Sites from its offices (different offices for each entity) in Colorado USA. MEDVED makes no representation that materials, products or services on the Sites are appropriate or available for use outside the United States, and access to them from territories where their content is illegal is prohibited. You may not use or export or re-export the materials, products, or services described by the Sites or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export laws and regulations. If You choose to access the Sites from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable local laws.

Severability. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Electronic Communications. By purchasing, using, licensing or leasing MEDVED’s products and/or services, or contacting Us for further information, You consent to receiving electronic communications from Us. These communications will include notices about Your account (e.g., shipping and receiving, password change (if any) confirmation e-mails and other transactional information) and information concerning or related to Our products and services. These communications are part of Your relationship with Us. You agree that any notice, agreements, disclosure or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.  Should You wish to opt out of email communications, except for legal notices, please let Us know and We will stop sending You emails regarding Our product/service offerings.  Failure to comply with Your opt-out request shall not be considered a breach of this Agreement.

Contact.  If You have any questions regarding the Sites or this Disclaimer and Privacy Policy, please contact: Webmaster for the MEDVED Sites: 11001 W. I-70 Frontage Road North, Wheat Ridge, Colorado 80033.  Email: info@medved.com.  Tel: (303) 421-0100.

Last Updated: July 25, 2013

Dealer's Return Policy

 

Dealer will not accept returns after [__30_] days. All returned parts must be in the original packaging and must include a copy of your invoice and you must have a Return Authorization number. There are no returns on electrical, fuel, high performance parts, racing parts, previously installed, or special ordered parts. There will be a [_20_%] restocking fee for all returns if Dealer concludes the order was your error, but still a returnable item. If the error is Dealer’s error, we, in our sole discretion, will cover shipping expenses and re-send the item to you. If the order error is the customer’s error, charges for shipping and handling are not refundable.

 

 

Please contact us [by phone/email/fax] for a Return Authorization number, prior to returning any merchandise. If you choose to email us, please include your order number and \"Return Authorization\" in the subject line. Returns will not be accepted without a Return Authorization number. Parts must be returned for inspection prior to any credit being issued. All return parts must be uninstalled and returned in the original, unopened, undamaged packaging or you will not receive credit. Parts must be accompanied by a copy of proof of purchase invoice (this can be found under “Your Account” on our site). All shipments must be prepaid. Cost of delivery and freight collect shipments will be refused. If these requirements are NOT met, parts will be either scrapped or returned to you at your expense.