1. General

Fresno Truck Parts (“FTP”, “we”, “us” or “our”) owns and operates this website. These Terms & Conditions (“Terms of Service”) govern your (“you”, “your”) use of this website and any products or services you purchase via this website (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms of Service, and any changes we may make from time to time. We encourage you to review this page periodically for updates.
Access to our website is provided on a temporary basis and we reserve the right to withdraw, restrict or amend the Services without notice. We will not be liable if our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our website.
Our website may contain links to other websites (“Linked Sites”) which are not operated by us. We have no control over them, accept no responsibility for them or any loss or damage arising from your use of them. Your usage of Linked Sites will be governed by the terms and conditions applicable to those sites.
Our Privacy Policy sets out how we will use your information; by using this website you consent to the processing described therein and warrant that all data you provide is accurate.

2. Prohibitions

You must not misuse this website. You must not:

  • commit or encourage a criminal offence;

  • transmit or distribute any virus, trojan, worm, logic bomb or any other malicious or technologically harmful material;

  • hack into any aspect of the Services;

  • corrupt data;

  • cause annoyance to other users;

  • infringe on any person’s intellectual or proprietary rights;

  • send any unsolicited advertising or promotional material (“spam”);

  • attempt to affect the performance or functionality of any computer facilities or systems accessed through or from our website.
    Breaching this provision is a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material as a result of your use of our website or your downloading of any material posted on it or on any Linked Site.

3. Intellectual Property, Software and Content

All software and content (including photographic images) made available to you on or through the website remains the property of FTP or our licensors and is protected by copyright laws and treaties around the world. All such rights are reserved.
You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

4. Terms of Sale

By placing an order you are offering to purchase a product subject to these Terms of Service. The key terms are:

  1. All orders are subject to availability and confirmation of the order price. We reserve the right to cancel purchases for any reason, including without limitation: suspected fraud, supplier constraints, pricing changes and availability changes.

  2. Dispatch times may vary according to availability and subject to any delays resulting from transit, postal delays or force majeure, for which we will not be responsible.

  3. Estimated delivery times are estimates only. We are not responsible for delays, lost packages or theft of packages left at your facility or residence.

  4. Stocking levels are for estimation only. Please note that special-order parts are non-refundable and your payment will be treated as a deposit on the part until it is received.

  5. In order to contract with us you must be at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

  6. We retain the right to refuse any request made by you. If your order is accepted you will be informed by email and we will confirm the identity of the party you are contracting with. We may contract with a third-party supplier; in such case, we are not acting as your agent or principal and the contract will be between you and that third-party supplier subject to their terms of sale.

  7. When placing an order you represent that all details you provide to us are true and accurate, that you are an authorized user of the payment card used and that there are sufficient funds to cover the cost of the goods.

  8. The cost of foreign products and services may fluctuate.

  9. All prices advertised are subject to change.

Our contract

When you place an order you will receive an acknowledgement e-mail confirming receipt of your order. This email is only an acknowledgement and does not constitute acceptance of your order. A contract between you and us will only be formed when we send you a second email confirming that the goods you ordered have been dispatched. Only the goods listed in the dispatch confirmation email will be included in the contract.

5. Pricing and Availability

While we try to ensure that all descriptions and prices appearing on our website are accurate, errors may occur. If we discover an error in the price of any goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be estimated in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”. Costs may vary depending on order weight or size. Availability on our website is estimated and may vary. You will be contacted accordingly if availability varies from the estimated.

6. Shipping Costs & Timing

We offer shipping methods for your orders from FTP. You may see estimated arrival dates on each product page and during checkout. Certain products may require additional days of processing prior to shipping depending on stocking levels at time of order; we will contact you for orders requiring longer lead times. Shipping methods apply to business days (excluding weekends and holidays), unless explicitly specified otherwise. Not all items are available for all shipping methods; this will be indicated on the product page and during checkout.
Shipping cost is calculated on a “per order,” “per item” or “per pound” basis and is based on the shipping method you select (Standard, Two Day, One Day, Overnight). Shipping cost calculators are only estimates; actual costs may vary.

7. Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds. Your card will be debited upon authorization being received. Payments received are treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have received a confirmation email, the monies paid shall be used as consideration for the goods listed in the dispatch confirmation email.

8. Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law, FTP and its suppliers, content providers and advertisers hereby explicitly exclude all implied warranties, conditions or other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including (but not limited to) any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods or services, arising out of or related to your use or inability to use the website or the Linked Sites and any materials posted thereon — regardless of whether such damages were foreseeable or arise in contract, tort (including negligence), equity, restitution, by statute or otherwise.
This does not affect FTP’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded under applicable law.

9. Linking to this Website

You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the homepage.
We reserve the right to withdraw linking permission without notice.

10. Trade Marks and Third Party Copyright

Except where expressly stated to the contrary all persons (including names and images), third party trade marks and content, services and/or locations featured on this website are in no way associated, linked or affiliated with FTP and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to FTP.

11. Indemnity

You agree to indemnify, defend and hold harmless FTP, its directors, officers, employees, consultants, agents and affiliates, from and against any and all third‐party claims, liabilities, damages and/or costs (including but not limited to legal fees) arising out of your use of the website or your breach of the Terms of Service.

12. Variation

FTP reserves the right, at its absolute discretion and at any time without notice, to amend, remove or vary the Services and/or any page of this website.

13. Invalidity

If any part of these Terms of Service is unenforceable (including any provision in which we exclude our liability to you) then the enforceability of any other part will not be affected and all other clauses shall remain in full force and effect. If possible, any invalid sub‐clause shall be severed and the remaining sub‐clause interpreted so as closely as possible to the original meaning.

14. Complaints

We operate a complaints-handling procedure which we will use to try to resolve disputes when they first arise. Please contact us if you have any complaints or comments.

15. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. These rights and remedies will be upheld to our standards in the State of California.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other documents expressly referred to in them, constitute the entire agreement between you and FTP and supersede any and all prior agreements between you and FTP. Any waiver of any provision of the Terms of Service will only be effective if in writing and signed by an authorized representative of FTP.