PAM’S AUTO, INC.

TERMS OF USE

PAM’s Auto, Inc. (the “Company”) operates the Web Site, www.pamsauto.com (the “Site”).  All purchases made from the Company or the Site are subject to these terms and conditions.  The Company reserves the right, in its sole discretion, to modify these Terms of Use at any time without giving you prior notice.  Please check these Terms of Use periodically for changes. Your use of the Site or any purchases from the Company following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.  The last date these Terms of Use were revised is set forth below. 

1.         Shipping & Payment. 

            a.         Shipping.  Company will ship your order via UPS, DHL, Speedee Delivery, or LTL trucking, and will use 3-7 day ground service.  Orders typically ship within one to three business days.  Express delivery may be available for an extra charge.  Shipping charges will be calculated during the check-out process, and are based on the total weight of your order.  Your items may arrive in more than one box.  If you believe a part received from us was damaged in transit, please refuse shipment and tell the carrier that you are refusing delivery because the package is damaged.

            b.         Payment. On-line orders can be paid by credit card and debit card. We accept the following credit cards: VISA, MasterCard, American Express and Discover. We also accept most bank VISA or MasterCard debit cards.  Sales tax may be charged to you at the applicable rate, depending on the destination of the order.

2.         Return & Refund Policy.  Subject to the terms below, if you are unsatisfied with the part you ordered, you may return the part within 30 days of delivery, and Company may elect to provide you with a replacement part or a refund, at its discretion.    If Company elects to issue a refund, the refund will be in the form of in-store credit, subject to a 25% restocking fee.  To the extent allowed by law, in-store credit issued by Company shall expire within one year of issuance.  Shipping charges are not refundable, and the customer is responsible for freight to return the part to Company. 

Company will accept a return on a part and provide a replacement part or refund if and ONLY if:

·                     The part bears Company’s branding and is in the original packaging;

·                     The part has not been altered, modified, disassembled, overheated or otherwise damaged;

·                     The part has not been installed;

·                     The original e-mail order confirmation is included with the return; and

·                     The return is made within 30 days of the original purchase.

YOU MUST CONTACT COMPANY AT pat@pamsauto.com FOR FURTHER INSTRUCTIONS PRIOR TO RETURNING THE PART TO COMPANY.  Company will NOT accept return of special orders or custom body cuts under any circumstances.

3.         Limited Warranty. 

A.        General.  Company warrants to the original purchaser that the part is free of defects for 120 days, beginning on the date of purchase (“Limited Warranty Term”).  This Limited Warranty is non-transferable, is limited to defects in the part, and does not include accessories attached to the actual part.  Replacement parts provided by Company carry the remainder of the original Limited Warranty Term and do not extend the limited warranty term.  This Limited Warranty does not cover any costs involved in the replacement of a defective part, including, but not limited to, labor charges, gaskets, seals, fluids, towing, hotel charges or waste disposal fees. 

B.        Conditions.     In addition to the conditions detailed in the next section, this Limited Warranty will be null and void if:

·         The installation checklist provided with the part is not completed and followed at the time of installation;

·         Seals, fluids, gaskets and filters are not replaced at the time of installation;

·         You fail to properly lubricate the part, or the part has been altered, modified, disassembled, overheated, or otherwise damaged;

·         The part has been used for a non-OEM application, including off road use, racing use, farm use, or any use that is different then the original manufacturer’s intent; or

C.        Specific Parts Coverage.  For the types of parts listed below, the following additional conditions apply:

            i.          Engines.  The Limited Warranty covers bare long block only. The Limited Warranty does not cover water pumps, wiring, thermostat, sensors, hoses, seals, gaskets, freeze plugs, injectors, spark plugs, timing belts, timing chains, timing tensioners, and other components.  The Limited Warranty is null and void if:

·                                 You fail to replace all gaskets (except  head gasket) before installation;

·                                 You do not replace the water pump, wiring, thermostat, sensors, hoses, seals, gaskets, freeze plugs, injectors, spark plugs, timing belts, timing chains, timing tensioners prior to installation;

·                                 The heat tab(s) is missing or the center is melted; or

·                                 The valves are bent in any way;

Further, the Limited Warranty does not cover running engines that have "ticks,” "knocks," or "funny sounds.”   

            ii.         Transmissions.  The Limited Warranty does not covergaskets, seals, or electronic parts.  The Limited Warranty is null and void if:

·                                 You fail to install appropriate filters and service the transmission to current OEM specifications for a new transmission installation;

·                                 You cannot provide Company with proof of proper installation; or

·                                 You fail to service, flush and flow test the transmission system on the vehicle.

            iii.        Front and Rear Axle Assemblies.  The Limited Warranty applies only to the gear set, the housing, and the axle shafts. The Limited Warranty does not apply to the brakes and brake hardware, and the brakes and brake hardware must be replaced by you.  Failure to replace the Axle seals, pinion seals, the rear cover gasket, brakes and brake hardware will void the Limited Warranty.

            iv.        Air Conditioning Compressors.  You must flush the AC system and replace the AC dryer, and the Limited Warranty will be void if you fail to do so or you cannot provide evidence of same.

D.        Claims.  To initiate a claim on this Limited Warranty or an Extended Warranty, you must contact Company, in writing at PAM’s Auto, Attn: Warranty Claims Dept, 7505 Ridgewood Road, Saint Cloud, MN 56303, upon the failure of a part, and in all cases within the Limited Warranty Term.  Company will make the final determination regarding the validity of your warranty claim, and of cause of a warranted part’s failure.  Company may elect to provide a replacement part or a refund, at its discretion. 

E.         Extended Warranty Option.  Depending on the part you purchase, your part may have a warranty period longer then 120 days.  The length and terms of any Extended Warranty shall be the terms stated on your invoice.  All other terms and conditions of this Limited Warranty shall apply to your Extended Warranty.

F.         Limitations.     TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED.  AS PERMITTED BY APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.

5.         Labor and Installation Parts Allowance.  The Labor and Installation Parts Allowance (“Labor and Installation Coverage”) may be available for you to purchase in connection with your purchase of a part.  If Labor and Installation Coverage is not available for the part or you do not purchase Labor and Installation Coverage, you will have no Labor and Installation coverage.  Labor and Installation Coverage is non-transferable.

A.        General.  If a part subject to Labor and Installation Coverage must be replaced within the Limited Warranty Term (or Extended Warranty Term, if Extended Warranty purchased), Company will reimburse you for certain labor costs, subject to these conditions:

·         Labor rates are limited to $75 per hour and labor times will be limited to applicable times referred to in the Mitchell Repair Guide;

·         All repairs and installations must be done by a qualified shop;

·         With respect to fluids, filters, belts, or other replacement items, Company will pay the lower of the actual cost to you or the prevailing local wholesale rate;

·         You must return the defective part(s) to Company, and accept the replacement part provided by Company;

·         Each claim for Labor and Installation Coverage will be subject to a $150.00 deductible, which will be subtracted from your total claim amount upon Company’s payment of claim;

·         Company will not pay shop fees, waste management fees, disposal fees, hotel or other incidental costs.

B.        Claim Procedure for Labor and Installation Coverage.  To initiate a claim for Labor and Installation Coverage, in writing at PAM’s Auto, Attn: Warranty Claims Dept, 7505 Ridgewood Road, Saint Cloud, MN 56303, upon the failure of a part within the applicable Limited Warranty Term or Extended Warranty Term.  Company will make the final determination regarding the validity of your Labor and Installation Coverage claim.

6.         Disclaimer of Warranties.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.  YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT.  EXCEPT AS OTHERWISE PROVIDED HEREIN, THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, ANY CONTENT ON THE SITE OR PURCHASES MADE ON THE SITE OR FROM THE COMPANY.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.  THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.  THE SITE AND THE CONTENT ARE PROVIDED “WITH ALL FAULTS,” ON AN “AS IS” AND “AS AVAILABLE” BASIS.

7.         LIMITATION OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, CONTENT ON THE SITE OR PURCHASES MADE FROM THE COMPANY OR ON THE SITE.  YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE CUSTOMER’S PURCHASE PRICE, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, CONTENT ON THE SITE, OR PURCHASES MADE FROM COMPANY OR ON THE SITE (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, CONTENT ON THE SITE, OR PURCHASES MADE FROM COMPANY OR ON THE SITE (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE, CONTENT ON THE SITE, OR PURCHASES MADE FROM COMPANY OR ON THE SITE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.         User Conduct.  You agree to use the Site only for lawful purposes.  You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.  You agree not to add to, subtract from, or otherwise modify the Content.  You agree not to use the Site in any manner that might interfere with the rights of the Company or any third party.

9.         General Provisions.

            a.         Enforcement/ Choice of Law/ Choice of Forum.  Every provision of these Terms of Use will be construed, to the extent possible, so as to be valid and enforceable.  If any provision of these Terms of Use so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms of Use, and all other provisions will remain in full force and effect.  Any and all disputes relating to these Terms of Use, the Site, your use thereof, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions.  Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

            b.         Entire Agreement/No Waiver.  These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof.  No waiver by the Company of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

            c.         Correction of Errors and Inaccuracies.  The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current.  The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice.  The Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

9.         Questions or Additional Information.  If you have any questions regarding these Terms of Use or wish to obtain additional information, please e-mail pat@pasmauto.com or send a letter via U.S. Mail to:

                        PAM’s Auto, Inc.

                        Attn. Website Administrator

                        7505 Ridgewood Road

                        Saint Cloud, MN 56303

Date of Last Modification

January 1, 2008

Ó Copyright 2007 PAM’s Auto, Inc.

All Rights Reserved.