Sales Info
All products are to be paid for and picked up in store. If you have any questions please contact us
Privacy Policy
Canady’s
has published its Privacy Policy ,
which discusses how we collect, store, use and disclose information about your
use of the Service. The Privacy Policy also is part of the Canady’s TOS and
incorporated by reference. Your use of the Service constitutes your acceptance
of the Privacy Policy.
The
Service’s links to others’ websites and services
The Service may contains links to websites or other services
provided by third parties. The fact that we might link to another’s service
does not mean that we endorse, recommend, sponsor, or have any other
affiliation or relationship with its provider. We do not control such third
party providers, or their services, or the information available via their
services. Their services are not subject to the Canady’s TOS or to the Canady’s
Privacy Policy, but might be subject to their own terms of service and privacy
policies. We disclaim all warranties and responsibility for others’ services;
you visit and use them at your own risk.
Indemnification
You
agree to indemnify and hold harmless Canady’s, its shareholders and licensors,
and all of their respective affiliates, directors, officers, employees,
members, agents, counsel and representatives (collectively, the “Canady’s
Group”) against and for all claims, demands, causes of action, losses,
expenses, damages and costs (including any reasonable attorneys’ fees and
costs), resulting or arising from or relating to your (A) use or attempted use
of the Service or Service Content; (B) your violation of the Canady’s TOS; (C)
your infringement or violation of any rights of another person or entity; and
(D) your violation of applicable law. Canady’s reserves the right to assume the
exclusive defense and control of any matter subject to indemnification by you and
all negotiations for its settlement or compromise, and you agree to fully
cooperate with us upon our request.
Disclaimers
CANADY’S
PROVIDES THE SERVICE ONLY ON AN “AS IS” AND AS AVAILABLE BASIS. YOU
USE THE SERVICE AT YOUR SOLE RISK. CANADY’S DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE
SERVICVE. IN PARTICULAR, CANADY’S DOES NOT WARRANT THAT THE SERVICE WILL MEET
YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY,
SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM SERVICE USE
WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE
CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL
COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CANADY’S OR
ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.
Limitations
of liability
CANADY’S SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES,
REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICE, THE CANADY’S TOS, OR YOUR
USE OF OR THE INABILITY TO USE THE SERVICE OR SERVICE CONTENT.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF CANADY’S FOR ANY REASON
RESULTING DIRECTLY OR INDIRECTLY FROM OR RELATING TO THIS AGREEMENT OR THE USE
OF OR THE INABILITY TO USE THE SERVICE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR
ANY SUCH CAUSE OR CLAIM, SHALL BE LIMITED TO THE LESSER OF (A) FIFTY U.S.
DOLLARS, AND (B) THE NET AMOUNT ACTUALLY RECEIVED BY AUTOMANN FROM YOU FOR ANY
PRODUCTS OR SERVICES PURCHASED FROM AUTOMANN DURING THE TWELVE (12) MONTH
PERIOD IMMEDIATELY PRECEDING THE CLAIM. YOU AGREE THAT THIS LIMITATION OF
LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK. YOU ACKNOWLEDGE THAT BUT
FOR YOUR AGREEMENT TO SUCH LIMITATION OF LIABILITY, AUTOMANN WOULD NOT PROVIDE
THE SERVICE TO YOU.
THE ESSENTIAL PURPOSE OF THE FOREGOING LIMITATIONS OF LIABILITY IS
TO LIMIT CANADY’S LIABILITY UNDER THE AUTOMANN TOS. THE FOREGOING LIMITATIONS
WILL APPLY EVEN IF YOUR REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS OR TERRITORIES DO NOT PERMIT THE
DISCLAIMER OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN
TYPES OF LIABILITY, SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MIGHT NOT
APPLY TO YOU; IN SUCH CASE, HOWEVER, AT CANADY’S OPTION THE MAXIMUM APPLICABLE
LIMITATIONS OF CANADY’S LIABILITY SHALL APPLY.
General
provisions
The Canady’s TOS sets forth the entire understanding of you and us
with respect to its subject matter. In the event that any one or more of the
terms and provisions in the Canady’s TOS is held to be invalid, illegal or
unenforceable, the remaining provisions still will be valid and not affected or
impaired thereby. Failure to insist upon strict adherence to any term or
provision of the Canady’s TOS shall not waive any such term or provision and
shall not waive or limit any right thereafter to insist upon strict adherence
to that term or provision or any other term or provision of the Canady’s TOS.
Headings are only for convenience; they shall not be used to construe the
meaning or intent of the Canady’s TOS. You may not assign or transfer the Canady’s
TOS or sublicense the rights granted hereunder without Canady’s express prior
written consent. Any purported assignment, transfer, or sublicensing of the Canady’s
TOS or the rights or obligations hereunder in violation of its terms is void. Canady’s
may assign or transfer the Canady’s TOS from time to time in its sole
discretion. The Canady’s TOS is binding on all permitted successors and
assigns. The governing law of the Canady’s TOS is the substantive laws of the
State of North Carolina. The Canady’s TOS will not be governed by the United
Nations Convention on contracts for the international sale of goods or any
other similar convention or laws, the application of which are expressly
excluded.
The
Canady’s TOS does not change or affect any other written
agreement(s) that you now or in the future may have with Canady’s. In the event
of any conflict between those agreement(s) terms and the Canady’s TOS, those
agreement(s) terms will govern in that instance.
Dispute
resolution
Any dispute arising out of or in connection with the Canady’s TOS
or the Service, including any question regarding the existence, validity or
termination of the Canady’s TOS, shall be resolved by binding arbitration
conducted in Lenoir County, North Carolina a single arbitrator under the
Commercial Arbitration Rules of the American Arbitration Association. Each
party to such arbitration shall bear its own respective fees and expenses.
Notwithstanding the foregoing arbitration requirements, Canady’s
never shall be precluded or delayed from seeking and obtaining emergency,
temporary, preliminary or permanent injunctive relief in State, Federal, or any
other courts of competent jurisdiction to protect and enforce its intellectual
property rights or to remedy your unauthorized uses of the Service or the
Service Content if Canady’s reasonably deems such relief necessary. You agree
to and shall not challenge the personal jurisdiction and venue of the State and
Federal courts in the State of North Carolina for such purpose. Canady’s may
enforce any judgment or award in any court of competent jurisdiction.
You must commence a proceeding arising out of or in connection
with the Canady’s TOS or the Service no more than one (1) year after the date
on which the claim that is the subject of the proceeding arose. You waive any
statutes of limitations to the contrary.
To the fullest extent permitted by applicable law, you waive your
right to bring or participate in any class arbitration proceedings against Canady’s
or its affiliates.
To the fullest extent permitted by applicable law, you waive your
right to bring or participate in any class action proceedings against Canady’s
or its affiliates.
IN ANY ACTION OR PROCEEDING BROUGHT CONCERNING THE SERVICE, THE CANADY’S
TOS, OR SUBJECT MATTERS COVERED BY THE CANADY’S TOS, YOU HEREBY WAIVE ANY RIGHT
YOU MAY HAVE NOW OR HEREAFTER TO A TRIAL BY JURY.
Questions
or comments
If you have any questions or comments about our Service or Canady’s
TOS, please contact us:
Via
email: jcanady@canadyspartsinc.com
Via traditional mail: Canady’s Heavy Truck Parts, Inc., Attn: Canady’s
TOS, 5779 Hwy 70 West, LaGrange, NC 28551
CANADY’S
HEAVY TRUCK PARTS, INC and the Canady’s logo are exclusive service marks of Canady’s
Heavy Truck Parts, Inc.
All rights reserved. Unauthorized use or reproduction prohibited.