The terms an order is placed under.
Effective date: [EFFECTIVE DATE]
Last updated: [LAST UPDATED DATE]
These Terms of Sale and Website Use (the "Terms") govern your use of leonixusa.com (the "Site") and every order you place with Leonix Truck Parts LLC, doing business as Leonix ("Leonix", "we", "us"). Our Privacy Policy, Shipping Policy, Return & Refund Policy and Cookie Policy are part of these Terms.
PLEASE READ SECTION 14 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED IN SECTION 14.7.
By using the Site or placing an order, you agree to these Terms. If you do not agree, do not use the Site.
1.1. You must be at least 18 years old and able to form a binding contract. If you buy on behalf of a business, you confirm that you are authorized to bind that business, and "you" includes the business.
1.2. We sell only to customers with a delivery address in the United States (see the Shipping Policy for covered areas). We do not sell for export; you agree not to export products in violation of US export control or sanctions laws.
1.3. Leonix as seller. Leonix is the seller of record for every order placed on the Site.
2.1. You can check out as a guest or with a customer account on the Site. Card payments are processed by our payment processor, Stripe; you enter your card details in a form provided by Stripe, and Stripe's terms and privacy policy also apply to the payment.
2.2. You are responsible for the accuracy of the information you provide and for keeping access to the e-mail address linked to your account secure.
2.3. Some customers, such as approved business accounts, may see account-specific prices when signed in. Account-specific pricing is offered at our discretion and may be changed or withdrawn at any time for future orders.
3.1. Part numbers and fitment data. We show OE (original equipment) numbers, cross-reference numbers and vehicle compatibility information to help you find the right part. This information comes from manufacturers and industry data sources. We work to keep it accurate, but we cannot guarantee that it is complete or error-free, and it does not replace verification by you or a qualified technician.
3.2. You are responsible for confirming fitment before you order and before installation. Compare the part number, dimensions and photos with your existing part or your vehicle's specifications (for example, by VIN). If you are unsure, contact us before you order at [email protected].
3.3. References to vehicle manufacturers. Vehicle manufacturer names and OE numbers are used only to identify compatibility. Unless a product listing expressly says "genuine OE", products are aftermarket or OE-equivalent parts and are not made or endorsed by the vehicle manufacturer.
3.4. Installation. Many auto parts, especially brake, steering, suspension, fuel and electrical components, affect vehicle safety. They should be installed by a qualified technician following the vehicle manufacturer's procedures. We are not responsible for damage or injury caused by improper installation, misuse, modification or use of a part on a vehicle it does not fit.
3.5. Emissions-related parts. Some emissions-related parts may not be legal for sale or use on pollution-controlled vehicles in California or other states that follow California's rules unless they carry a CARB Executive Order number. Where a listing does not show an applicable Executive Order number, you are responsible for confirming that the part may lawfully be installed on your vehicle. [COUNSEL TO CONFIRM WHETHER TO BLOCK SHIPMENT OF NON-CARB-EXEMPT EMISSIONS PARTS TO CA.]
3.6. California Proposition 65. Some products sold on the Site can expose you to chemicals, such as lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. Product-specific warnings are shown on the product page where required.
3.7. Product photos may be representative. Colors, packaging and labeling may differ from what is shown.
4.1. All prices are in US dollars. Prices, promotions and availability can change at any time before you place an order. The price that applies is the one shown in your checkout when you submit the order.
4.2. Multi-quantity pricing. Where we hold stock from more than one source, the unit price may change when the quantity you select exceeds the stock available at the lowest price. The product page and cart show the price breakdown before you check out.
4.3. Sales tax is calculated at checkout based on your delivery address and applicable state and local rules. If you are tax-exempt, contact us before ordering; we cannot apply exemptions retroactively unless required by law. [CONFIRM WHETHER RESALE / EXEMPTION CERTIFICATES WILL BE ACCEPTED.]
4.4. Shipping charges are shown at checkout as described in the Shipping Policy.
4.5. Payment is due when you place an order and is processed by our payment processor (Stripe) using the methods shown at checkout. Your payment is authorized at checkout and may be captured when the order is placed or when it ships.
4.6. Pricing errors. If a product is listed at an incorrect price because of a typographical or system error, we may cancel the order and refund any amount charged, even after you receive an order confirmation. We will notify you before shipping if this happens.
5.1. Every product shows a stock status:
5.2. You can buy online only up to the quantity shown as in stock. For larger quantities, request a quote.
5.3. Quotes. A quote from our sales team for lead-time items or larger quantities is an offer that stays open for the period stated in the quote (or [DEFAULT QUOTE VALIDITY - suggested 7 days] if none is stated). A quoted order is formed only when you accept the quote in writing and pay (or provide any deposit) as stated in the quote. Lead times in quotes are estimates, not guaranteed delivery dates, because they depend on manufacturing and international transport. Unless the quote says otherwise, quoted items that have been produced or shipped specifically for you cannot be cancelled and are not returnable except for defects. Any special terms in a quote apply in addition to these Terms and prevail if they conflict.
5.4. Stock reservations. Items may be reserved for a short time while you complete checkout. If checkout is not completed, the reservation is released.
6.1. Your order is an offer to buy. The order confirmation e-mail confirms that we received your order; we accept your order when we ship the product (or, for quoted items, when we confirm the quote in writing).
6.2. We may refuse or cancel any order, or limit quantities, for reasons including unavailability, pricing errors, suspected fraud, or an address we cannot ship to. If we cancel after you have paid, we will refund you in full to the original payment method.
6.3. You may ask to cancel an order by contacting us at [email protected] before it ships. Once an order has shipped, the Return & Refund Policy applies.
7.1. Delivery estimates are provided in good faith and are not guaranteed. See the Shipping Policy.
7.2. Title and risk of loss pass to you when we deliver the products to the carrier. [COUNSEL TO CONFIRM; ALTERNATIVE FOR CONSUMER ORDERS: RISK PASSES ON DELIVERY TO THE SHIPPING ADDRESS.] This does not affect our commitment to help with lost or damaged shipments: if a package is lost, or arrives damaged, and you notify us as described in the Shipping and Return policies, we will file the carrier claim and replace or refund the affected items.
Returns, exchanges and refunds are governed by our Return & Refund Policy.
9.1. Manufacturer warranties. Many products carry a warranty from the brand manufacturer. Where a manufacturer warranty applies, its terms are shown on the product page or included with the product, and we will help you make a claim.
9.2. Leonix Limited Warranty. In addition, Leonix warrants to the original purchaser that each product will be free from defects in materials and workmanship under normal use for [WARRANTY PERIOD - suggested 12 months] from the date of delivery (the "Warranty Period"). If a product fails during the Warranty Period because of such a defect, we will, at our option, repair or replace the product or refund the purchase price of the defective item.
9.3. This warranty does not cover: normal wear items worn through normal use (for example, brake pads, wiper blades, filters), damage from improper installation, accidents, misuse, racing or off-road use, commercial fleet use beyond the product's rating [COUNSEL TO CONFIRM], modification, contamination, or use on a vehicle the part does not fit; parts installed on a vehicle used outside the United States; or labor, towing, rental vehicle, diagnostic or other costs related to removal or installation.
9.4. How to claim: contact [email protected] with your order number, a description of the problem and photos. We may ask you to return the product for inspection. We will pay return shipping for approved warranty claims.
9.5. Disclaimer and limitation of implied warranties. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 9, PRODUCTS ARE SOLD "AS IS". ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
9.6. Business purchasers: for purchases made for business purposes, to the fullest extent permitted by law, the express warranties in this Section 9 are exclusive and all implied warranties are disclaimed.
10.1. TO THE FULLEST EXTENT PERMITTED BY LAW, LEONIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE OR VEHICLE DOWNTIME, ARISING OUT OF OR RELATED TO THE SITE OR ANY PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO A PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT PRODUCT, AND OUR TOTAL LIABILITY FOR ANY OTHER CLAIM RELATING TO THE SITE WILL NOT EXCEED US$100.
10.3. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. Nothing in these Terms limits liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be limited by law.
11.1. We grant you a limited, revocable, non-transferable license to use the Site for personal or internal business purchasing. You may not: scrape, copy or bulk-download catalog, price or fitment data by automated means; interfere with the Site's security or operation; place orders for resale through automated means without our written consent; or use the Site for any unlawful purpose.
11.2. The Site's content, design, catalog structure and Leonix trademarks belong to Leonix or its licensors. Brand names and logos belong to their respective owners and are used to identify products.
11.3. If you send us suggestions or feedback, we may use them without obligation to you.
11.4. The Site may be unavailable from time to time. We may change or discontinue any part of it.
If you buy for a business, you will indemnify Leonix against claims by third parties arising from your resale, installation or use of products contrary to these Terms or applicable law, or from your breach of these Terms.
These Terms are governed by the laws of the State of [GOVERNING STATE - suggested Florida] and applicable US federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.1. Informal resolution first. Before starting arbitration or a court case, you and we agree to try to resolve the dispute informally for at least 30 days after one party sends the other a written notice describing the dispute. Send notices to [LEGAL NOTICE E-MAIL] and 12919 Hyland Cir, Boca Raton, FL 33428-4859.
14.2. Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms, the Site or any product purchased from us that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for consumers) or Commercial Arbitration Rules (for business purchasers). The arbitration will take place in the county where you live or by video conference, unless both parties agree otherwise. Payment of filing fees will be governed by the AAA rules; for consumer claims, we will pay any fees in excess of the consumer filing fee required by the AAA.
14.3. Small claims and exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive relief in court for infringement of intellectual property rights.
14.4. Class action waiver. YOU AND LEONIX AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person.
14.5. Jury trial waiver. If for any reason a claim proceeds in court rather than arbitration, you and we waive any right to a jury trial.
14.6. Severability. If the class action waiver is found unenforceable for a claim, that claim (and only that claim) will proceed in court, in the state or federal courts located in [VENUE COUNTY, GOVERNING STATE], and the rest of this Section 14 remains in effect.
14.7. Your right to opt out. You may opt out of this arbitration agreement by e-mailing [LEGAL NOTICE E-MAIL] within 30 days after you first accept these Terms, with your name, address, e-mail and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
We may update these Terms by posting a new version with a new "Last updated" date. Changes apply to orders placed after the update. The Terms in effect when you place an order apply to that order.
These Terms, together with the policies referenced above and any written quote, are the entire agreement between you and Leonix regarding your purchase. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We are not liable for delays caused by events beyond our reasonable control, including carrier delays, customs holds, natural disasters and disruptions in our supply chain.
Leonix Truck Parts LLC d/b/a Leonix
12919 Hyland Cir, Boca Raton, FL 33428-4859
E-mail: [email protected]
Phone: +1 (561) 679-0692
Have your order number or the part's OEM number at hand.
