TERMS AND CONDITIONS OF SALE

Welcome to can-amspareparts.com. This Website is owned and operated by Genuine Parts Now, Inc.

By accessing or using this Website, placing an order, or purchasing any products from us, you agree to be bound by these Terms and Conditions of Sale (the “Terms”). If you do not agree to these Terms, you may not access or use the Website or purchase products.

1. Agreement to Terms

1.1 Acceptance

These Terms and Conditions constitute a legally binding agreement between you and the Company. You represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website and purchase of products after any such changes constitutes your acceptance of the new Terms.

2. Orders, Pricing, and Contract Formation

2.1 Order Acceptance

All orders placed by the Buyer are subject to acceptance by the Seller. The receipt of an order confirmation, either electronic or otherwise, does not constitute the acceptance of an order or a confirmation of an offer to sell. It is merely a record that we have received your order. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason.

2.2 Pricing and Currency

All prices listed on the Website are in USD unless otherwise noted. We strive to provide accurate pricing information, but errors may occur. If a product is listed at an incorrect price due to a typographical error or error in pricing information, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, we will issue a credit to your payment method for the amount of the incorrect price.

2.3 Availability

All products are subject to availability. We cannot guarantee that any product visible on the Website is in stock or available for immediate delivery.

3. Payment Terms

3.1 Payment Methods

We accept various forms of payment, including Visa, MasterCard, PayPal, Zelle, Chime, Apple Pay. By submitting an order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order (including taxes, shipping, and handling) to that payment method.

3.2 Security

All payment information is processed through secure third-party payment gateways. We do not store sensitive payment data.

4. Product Information and Disclaimers

4.1 “Can-Am” Branding and Trademarks

The Company is an independent reseller of powersports vehicle parts. We may sell genuine Can-Am parts, aftermarket parts, or both. We are not Bombardier Recreational Products Inc. (BRP) or any of its officially affiliated entities, unless explicitly stated otherwise. Any use of the name “Can-Am” or associated trademarks is for the sole purpose of identifying the vehicle make and/or model for which the parts are intended.

4.2 Compatibility and Installation Responsibility

The Customer bears sole responsibility for confirming the parts ordered are correct and compatible with their specific vehicle application.

Product images, descriptions, and fitment notes are provided as a general guide. Vehicle specifications can vary based on year, model, trim, manufacturing date, and region.

The Company is not liable for errors in part selection made by the Buyer.

Safety and Installation: Powersports vehicle parts must be installed by qualified, certified mechanics or technicians. Improper installation can lead to vehicle damage, serious injury, or death. By purchasing parts, the Buyer assumes all liability for the installation and subsequent use of the products. We expressly disclaim any and all liability for damage or injury resulting from improper installation or maintenance.

4.3 Used, Refurbished, or Aftermarket Parts

If a part is advertised as “Used,” “Refurbished,” or “Aftermarket,” it is subject to specific disclaimers and warranties detailed in Section 7. The Customer acknowledges that non-OEM parts may differ in quality, function, or appearance from original equipment manufacturer parts.

5. Shipping, Title, and Risk of Loss

5.1 Shipping Charges and Delivery Estimates

Shipping charges are calculated at checkout and vary based on weight, dimensions, and destination. Any shipping or delivery dates provided are estimates only and are not guaranteed. We are not liable for any loss or damage due to delays in shipment.

5.2 Transfer of Risk

Title to the purchased products and the risk of loss or damage passes to the Buyer upon the Seller’s delivery of the products to the shipping carrier. This is often referred to as “FOB Shipping Point” or “EXW” (Ex Works). Once the package is picked up by the carrier, the Buyer is responsible for filing any claims for lost or damaged goods with the carrier.

5.3 Inspection

The Buyer must inspect all products immediately upon receipt. Any claims for shortages, non-conforming goods, or visible damage must be reported to the carrier and the Company in writing within three (3) business days of delivery.

6. Returns and Refunds Policy

Our Returns and Refunds Policy is incorporated into these Terms by reference.

6.1 General Returns

We accept returns of new, uninstalled, and undamaged parts within 30 days of the delivery date, provided they are in their original, unopened packaging.

Restocking Fee: Returns may be subject to a restocking fee of 15% of the purchase price.

Non-Returnable Items: Certain items, including but not limited to electrical components, specialized tools, items marked “Final Sale,” and parts that have been installed or altered, are non-returnable.

6.2 Return Authorization

All returns must be pre-authorized by the Company. You must obtain a Return Merchandise Authorization (RMA) number before shipping any product back. Returns without an RMA number will be refused.

6.3 Shipping Costs for Returns

The Buyer is responsible for all shipping costs associated with returning non-defective items.

7. Limited Warranty and Limitation of Liability

7.1 Limited Warranty

Unless otherwise stated in the product description, the Company warrants that the parts sold will be free from defects in material and workmanship for a period of ninety (90) days from the date of purchase.

THE WARRANTY IS LIMITED TO THE REPLACEMENT OF THE DEFECTIVE PART OR, AT OUR OPTION, REFUND OF THE PURCHASE PRICE. This warranty does not cover:

• Normal wear and tear.

• Damage caused by improper installation, abuse, neglect, accident, or unauthorized repair or modification.

• Parts used for racing or off-road purposes.

7.2 DISCLAIMER OF OTHER WARRANTIES

EXCEPT FOR THE LIMITED WARRANTY EXPRESSED IN SECTION 7.1, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

7.3 LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, OR DAMAGE TO THE VEHICLE OR OTHER PROPERTY), ARISING OUT OF OR RELATED TO THE PURCHASE, USE, OR INABILITY TO USE THE PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL AGGREGATE LIABILITY TO THE BUYER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OF ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE BUYER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE LIABILITY.

8. Intellectual Property

The Website content, including text, graphics, logos, images, software, and the compilation thereof, is the property of the Company or its suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, publish, transmit, or exploit any portion of the content without express written permission from the Company.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its owners, directors, officers, agents, and employees from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your purchase or use of the products sold on the Website.

• Your breach of these Terms.

• Your negligence or willful misconduct in the installation or use of any product.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and any related transactions shall be governed by and construed in accordance with the laws of the States, without regard to its conflict of law principles.

10.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted on an individual basis, and the parties expressly waive any right to bring any action as a class action or in any other representative proceeding.

By completing a purchase on this Website, you acknowledge that you have read, understood, and agree to be bound by the above Terms and Conditions of Sale.