Document Title

Signup for an account!

Terms and Conditions of Sale:

Customer's Terms & Conditions:

All products and services furnished by Seller are sold pursuant to the terms and conditions stated herein and those set forth in Seller's quotation, and no other terms, including, but not limited to, any terms or conditions set forth by customer's order, which the customer hereby waive in full.  The customer's authorization for, or acceptance of, delivery of product sold hereunder shall be deemed acceptance of the terms and conditions stated herein.

Quotations and Prices:

All published prices are in U.S. dollars and are subject to change without notice.  All prices quoted shall be exclusive of transportation, shipping, insurance, any and all federal, state or local taxes, and any and all other charges applicable to the products.  Customer agrees to pay, and hold Seller free of responsibility from, all fees and charges described in this paragraph. Minimum purchase of  $ 100.00 required per order.

Terms of Payment:

Payment is due upon delivery of product, whether by full or partial shipment.  All payments for products shipped on approved credit shall be due in full, thirty (30) days from the date of shipping.  Seller may cancel or delay delivery of products in the event Customer fails to make prompt payments or follow any terms stated herein.

Credit Orders:

All credit orders require credit approval.  Upon approval Purchaser may leave a valid Purchase Order number.  A hard copy P. O. must accompany all orders  within fifteen (15) days of purchase.  Purchase Orders should be mailed to:
568 S. Milpitas Blvd.
Milpitas, CA 95035 
or Faxed to:  408-894-1956.

Method of Payment:

Payments shall be made in the form of one of the following: wire transfers contact Tractec business office for banking information;  business check, upon credit approval;  credit cards Visa and Master Card.  Taxes and other charges:  any manufacturer's tax, sales tax, excise tax, use tax, custom, inspection or testing fee, or any other tax, fee, or charge of any nature whatsoever imposed currently or in the future by any federal, state, or other governmental authority, upon or with respect to the sale, purchase, delivery, shipment, storage, processing, use, or consumption of any of the Products covered hereby, including taxes, fees, or charges upon or measured by the receipts from the sale thereof shall be borne by Purchaser in addition to the prices quoted or invoiced.  In the event Tractec is required to pay any such tax, fee, or charge, Purchaser shall reimburse Tractec therefor.

Shipping:

All orders are shipped Federal Express unless other prepaid shipping arrangements are made. Priority and overnight deliveries may not apply to all geographical locations. Seller is not responsible for any losses or delays incurred during shipping. Orders received after 2:00 PM PST will be processed during the next business day.

Examination:

Purchaser shall examine all Products promptly upon receipt therefor.  Within ten (10) days of such receipt, Purchaser shall notify Tractec in writing of any complaint which Purchaser may have concerning the Products delivered hereunder, including but not limited to any claimed shortages, defects, quality problems, or delivery errors.  If purchaser intends to reject the Products delivered hereunder, it must specify the grounds therefor.  If no notice is received from Purchaser within ten (10) days of receipt, the Products delivered hereunder shall be deemed unqualifiedly accepted as of the date of delivery and Purchaser will be conclusively presumed to have waived all such claims and complaints, except as permitted by Tractec's express warranty.

Returns:

All returned Products must be accompanied by a Tractec Return Material Authorization signed by an authorized representative of Tractec.  Tractec is under no obligation to accept, inspect, replace, or repair unauthorized shipments, and Purchaser shall bear all expenses incurred by such unauthorized shipments to  Tractec.  Unless specifically noted otherwise in writing, return of Products constitutes Purchaser's authorization for Tractec to repair said Products and to invoice Purchaser for any and all reasonable costs of repair, labor, parts, and freight on items not covered by the terms of this warranty. Such authorization includes charges for handling of returned items found not defective, including a fifteen percent (15%) restocking charge for spare parts.  Purchaser shall bear the risk of loss or damage during transit of Products whether or not the Product meets warranty requirements.  Any parts replaced shall become the property of Tractec Technologies, Inc.

Security Interest in Products:

Customer and Seller agree that purchase money and continuing security interest shall attach with, and be reserved by, Seller as secured party to all of the Product sold to Customer, together with all accessories and proceeds thereof (including insurance proceeds), until Customer has made payment in full therefor and has satisfied all other obligations set forth in these Conditions of Sale.  Customer shall be in default if it fails to make any payment set forth herein, or if any bankruptcy, receivership, insolvency, or attachment proceedings are instituted by or against Customer or any of the Product, or if Customer makes any assignment for the benefit of creditors. Upon default, Seller shall have all the rights and remedies of a secured creditor under the Uniform Commercial Code, and other applicable laws, including the right to take possession of all Product furnished.  Customer agrees to cooperate in perfecting  and/or continuing Seller's security interest, and to execute such documents and accomplish such filings and/or recordings as Seller may deem necessary for the protection of its security interest.  Customer's acceptance of the Product shall constitute Customer's signing of, and agreement to this Security Agreement.

Performance:

Seller shall not be responsible in any way for the loss, damage, detention or delay caused by strike, lockout, fire, flood, war, riot, embargo, insurrection, act of God, civil or military authority, compliance with governmental requests or orders, accidents, inability to obtain products or materials from usual  sources, subcontractor, supplier or Customer caused delays, transportation shortages or delays, other delivery commitments, technical failures, or due to any unforeseen circumstances or causes beyond its control. Seller's performance shall be deemed suspended during and extended for such time as it is so delayed, and delivery dates shall be so extended.

Warranty:

Seller warrants the Products to be free from defects in Seller's workmanship under normal application, installation, use and service conditions.  If the Product or Products sold fail to conform to this warranty, then for a period ending forty-five (45) days from the date of sale to the original purchases, Seller will, at its option, either repair or replace the product, or refund an equitable portion of the purchase price for the non-conforming Product. The warranty granted, hereby, shall not include spare parts which the Seller considers as consumable, under the normal operating conditions.  The repair or replacement or refund remedy shall be the sole and exclusive remedy provided under this warranty, and shall not extend beyond the forty-five (45) day period set forth herein.  THE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR PURPOSE, USE, OR APPLICATIONS, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER.

Damages and Liability:

Seller SHALL HAVE NO LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATIONS, ANY DEFECTS IN THE PRODUCTS OR NON-CONFORMITY WITH WARRANTY.  UNDER NO CIRCUMSTANCES SHALL  Seller BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, HOWSOEVER CAUSED.  FURTHER, THE AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE OF Seller SHALL NOT EXCEED THE PAYMENT RECEIVED, IF ANY, FOR THE PRODUCT OR SERVICE WHICH IS THE SUBJECT OF CLAIM OR DISPUTE.

No Waiver:

No waiver of any term or breach herein shall be deemed a waiver of any other term.

Disputes:

No action, regardless of form, arising out of or in any way connected with the products or services furnished by Seller may be brought by Customer on purchase more than one (1) year after the cause of action has accrued.  If a part, provision, or clause of the terms and conditions of sale, or the application thereof to any person or circumstances, is held invalid, void, or unenforceable, such holdings shall not affect and shall leave valid all other parts, provisions, clauses or applications of the terms and conditions remaining, and to this end the terms and conditions shall be treated as serverable. 
  
Tractec Technologies, Inc.

Please enter the information below as thoroughly as possible. Omissions from this form may cause a delay in the processing of your account. SparesNow.com appreciates your decision to apply for an account with us. Having an account does not obligate you to pay any subscription fees or purchase any products.

Account Information:

Desired Username:		Use any name you like
Password:		Both must match.
Password Again:		Both must match.

User/Contact Information:

Company:		The company that will be represented by this account.
Contact Name:		Whom we should contact in regards to the account and it's activities.
Contact E-mail:		Where to send e-mail messages (receipts, activation messages and info)
Contact Phone #:		Phone number contact. We will call by phone to activate the account.
Best time to call:		Is there a specific time you wish to be called about your account?

Mailing Address:

Mailing Address
Suite#:
City
State
Zip

Billing Address:
If the information is the same as mailing address then

Mailing Address
Suite#:
City
State
Zip

Please confirm that the information entered is correct.

By submitting this application you are stating that all of the above information is true and that you agree to the terms and conditions stated above.