Auto Accessories of America: Policies
Updated December 2024
For Wholesale Account Requirements and Application Forms click here.
Terms and Conditions: Goods and/or services sold by Auto Accessories of America, hereinafter referred to as “Seller”, to customer, hereinafter referred to as “Buyer”, are expressly subject to these terms and conditions set forth below. Any proposal for different or additional terms and conditions contained in any prior oral or written communication, including, without limitation, are hereby objected to and rejected, but such proposal shall not operate as a rejection of this agreement unless such variances are in the terms of the description, quantity, price or delivery schedule of the goods and/or services but shall be deemed a material alteration thereof, and this agreement shall be deemed accepted by Buyer without said additional or different terms. Buyer’s acceptance of shipment or performance and/or payment for the goods or services constitutes acceptance of Seller’s terms and conditions. The Seller may, from time to time, change or supplement these terms and conditions.
Minimum Advertised Price Policy (MAP): Auto Accessories of America has a Minimum Advertised Price (MAP) policy for the benefit of all of our valued wholesale customers. We encourage the advertising and promotion of our products by our Dealers and Distributors. However, we implement our MAP policy so that Auto Accessories of America manufactured products are not devalued in the marketplace, so the gross margin is improved for our dealers and distributors, and so each Auto Accessories of America wholesale customer can compete equally on the basis of the value they provide their customers. That value may be knowledge, service, support, inventory or any combination of these items. The MAP policy applies to all Auto Accessories of America wholesale accounts.
1. Auto Accessories of America will, from time to time, publish a MAP Restricted Items list on its wholesale account website (AutoAccessoriesOfAmerica.com), which may be amended or adjusted by Auto Accessories of America at its sole discretion. The List will include the effective date, the products by part number and description, the MSRP and the minimum advertised price for those products. Each advertisement of a product identified in the list at less than list price will
be a violation of this MAP Policy.
2. This MAP Policy applies to all advertisements of Auto Accessories of America products listed on the List Price in any and all media including (but not limited to): flyers, posters, coupons, mailers, inserts, newspapers, magazines, catalogs, mail order catalogs, email newsletters, email solicitations, internet sites, social media sites, websites or similar electronic media, television, radio and public signage. This MAP Policy is not applicable to any in-store advertising that is displayed only in the store and not distributed to any customer.
3. The inclusion in advertising of free or discounted products (whether made by Auto Accessories of America or another manufacturer) with a product covered by this MAP Policy would be contrary to this MAP Policy if it had the effect of discounting the advertised price of the covered Auto Accessories of America product below List Price.
4. If pricing is displayed, any strike-through or other alteration of the List Price is prohibited.
5. This MAP Policy applies only to advertised prices and does not apply to the price at which products are actually sold or offered for sale to an individual consumer within a wholesale account’s retail location or over the phone. Wholesale accounts remain free to sell these products at any price they choose under these circumstances.
6. This MAP Policy does not establish maximum advertised prices. Wholesale accounts may offer Auto Accessories of America products at any price in excess of the List Price.
7. Internet auctions may not display or have a reserved bid or other acceptable prices below
the List Price.
8. Pricing listed on an internet site or website is considered an “advertised price” and must adhere to this MAP Policy. This MAP Policy does not in any way limit the ability of any wholesale account to advertise that they “have the lowest price”, that they “will meet or beat any competitor’s price” or that customers should “call for price” or similar phrases as long as the price advertised or listed for the product is not below List Price.
9. Offers of “Free Shipping and/or Handling” for products on the List Price Schedule will not be in violation of this MAP Policy.
10. This MAP Policy is solely within Auto Accessories of America’s discretion and authority acting through the duly authorized managers of Auto Accessories of America. No employee or Sales Representative of Auto Accessories of America has any authority to discuss, modify or grant exceptions to this MAP Policy. Any representation or action by any employee, sales representative or persons not specifically authorized to discuss, modify or grant exceptions to this MAP Policy under this paragraph is unauthorized and invalid. All questions about this MAP Policy should be directed via email to [email protected]. The Map Policy Administrator shall be solely responsible for determining whether a violation of policy has occurred, communicating decisions to wholesale accounts regarding the policy and receiving any communications regarding sanctions imposed under the MAP Policy. Any actions taken by Auto Accessories of America under this MAP Policy shall be without liability to Auto Accessories of America.
11. From time to time, Auto Accessories of America may choose to offer special promotions on certain manufactured products. In such an event, we reserve the right to modify or suspend this MAP Policy in whole or in part by notifying all wholesale accounts of the duration and nature of the change. Auto Accessories of America further reserves the right to adjust the MSRP with respect to all or certain products at its sole discretion, and such changes will apply equally to all wholesale accounts.
Branding Requirements: Branding Requirements are mutually beneficial for us as the manufacturer and you as our customer. End Consumers purchasing our products have a right to know they can trust the quality and that we stand behind it. All CA products must be clearly branded as CA on your website and marketing materials. This is a requirement of carrying our products and continued consent for use of our proprietary Data & Images, and will be strictly enforced. Products not correctly branded as CA are not eligible for warranty claims.
Non-Compliance Protocols: Failure to comply with our policies for any Auto Accessories of America or CA product is considered a policy violation for all Auto Accessories of America products. If a Reseller believes that they have spotted a MAP or Brand violation, then they are to report this via email to [email protected] so that Auto Accessories of America may investigate the matter. At its sole discretion, Auto Accessories of America may deal with policy violations by taking steps to include but not limited to any or all of the following:
- Reduction or revocation of discounts and other purchasing privileges or benefits across any or all of Auto Accessories of America or its companies.
- Refusal or cancellation of orders for any or all products of Auto Accessories of America or its companies.
- Revocation of reseller’s status as a Wholesale Account of Auto Accessories of America or its companies.
- Addition of reseller’s name to the Auto Accessories of America “Do Not Sell” list – which applies to all Auto Accessories of America products.
- Revocation of reseller’s authorization to use Auto Accessories of America & CA trademarks, copyrighted images and/or text, including marketing material, product descriptions and Auto Accessories of America company information.
This is a unilateral action. Auto Accessories of America is not seeking agreement from any reseller to adhere to this policy. This policy does not constitute an agreement or contract between Auto Accessories of America and any of its resellers.
Payment: We accept credit & debit cards, checks, and money orders.
Prices Subject to Change: All prices and/or discounts are subject to change without prior notice. All prices quoted by Seller will be in effect for a period of thirty (30) days from the date of the written quotation unless otherwise stated. While every effort is made to ensure accuracy, Seller is not responsible for errors or omissions or unforeseen price adjustments in distributed catalogs or our website. Note: Some non-discount, limited discount or pre-discounted items may be excluded from certain promotional pricing and cannot be combined with other offers.
Limited Warranty: Seller makes every effort to list the warranty for each product on the product webpage. Unless otherwise specified, all products are warranted to be free of defects in workmanship and materials under normal use for a period of 30 days from the invoice date.
Limitation of Liability: Seller’s liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with any goods or services supplied hereunder, or the sale, resale, operation or use of goods, whether based on contract, warranty, tort (including negligence) or other grounds shall not exceed the price allocable to such goods or services or part hereof involved in the claim regardless of cause or fault. Seller shall not under any circumstances be liable for any labor charges without its prior written consent. In no event shall Seller be liable for any incidental or consequential damage, including but not limited to, loss of profits or revenue, loss of use of products or associated product, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of customers of Buyer for such damage.
Shipping Damage, Lost or Missing Merchandise: Unless otherwise noted, all sales of goods are made F.O.B. point of shipment and, in all cases, title and risk of loss or damage shall pass upon Buyer with delivery to the carrier at point of shipment. Seller reserves the right of carrier selection. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Buyer is required to examine all shipments upon arrival to ascertain condition. If any shortages or damages occurred in transit, please contact Seller within 5 days of receipt for instructions on how to proceed. Failing to do this could jeopardize the refund or replacement of the damaged or missing items. Please save the original box and packaging materials for inspection by the carrier. Damage/loss claims cannot be filed after 15 days from the date of receipt of the package. Items shipped via truck must be opened and inspected while the driver is still on the premises, and damage noted if there is any.
Refused Shipments: If a shipment is refused, customer will be charged for shipping and handling plus a restocking charge of 25% of the product value.
Returns: We accept returns on most products if returned in unused, original condition in original packaging. Items will be inspected upon receipt to determine refund eligibility. Returns will not be accepted without prior authorization. Please contact customer service for a Return Merchandise Authorization (RMA) number and further instructions. Any unacceptable returns will be shipped back at the customer’s expense. We do not accept returns on special orders, custom products, clearance items, electrical products, tools, books, videos, CDs/DVDs, exhaust products, products that have been installed and/or modified, or components from kits. Return shipping charges will be the customer’s responsibility, except in cases where product is damaged in transit, defective, or incorrect product was received. No COD returns will be accepted. It is recommended that all return packages are insured for the replacement value and proof of shipment is retained. Qualified returns will be refunded in the same method they were paid for (i.e. credit card refund or refund check). Qualified returns authorized within 30 days of invoice date will receive a full refund on items. Qualified returns authorized 31-60 days of invoice date will be assessed a 15% restocking fee. Returns more than 60 days old from the date of invoice will not be accepted for any reason. If a product is returned from an order that included promotional discounts, the discounts may be deducted from the refund amount if the remaining order total no longer meets the required minimum for the original promotion. Custom ordered products (i.e. embroidered, hydro-carbon, custom paint, mounted seats, mounted wheel & tire packages, etc.), will be charged a 25% cancellation restocking fee if canceled after ordering but prior to shipment, and once shipped are not eligible for a refund. Except in times of warranty, shipping charges are not eligible for refund. Please contact us prior to returning if you feel the item is defective to review warranty options.
Core Return Policy: Our rebuilders are not able to accept core returns on items once they have been modified in any manner. In order to receive full core credit, core returned must be from a vehicle that is the same year, application and options as the item ordered. Core must be complete, in rebuildable condition and drained of all fluids to receive full credit. Cores are to be shipped to Seller pre-paid by the customer. Core verification takes approximately 3-4 weeks. If you have any questions, please contact our Customer Service Department prior to returning.
Force Majeure: Seller shall not be liable for failure to deliver or for delay in delivery or performance due to (i) a cause beyond its reasonable control, (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform by the manufacturer, delay in transportation, or (iii) any other commercial impracticability. If such a delay occurs, delivery or performance shall be extended for a period equal to the time lost by reason of delay.
Indemnification: Buyer hereby (1) waives, releases and discharges any and all claims with the exception of claims for breach of this sales contract of every kind, including, but not limited, to injury or death of any person or damage to property, which it may have at any time against Seller, its agents or employees, by reason of or arising out of any condition of or defect in the goods and (2) covenants to indemnify and hold harmless Seller, its agents and employees from and against any and all loss, damage, expense, claims, suits, costs of defense, including attorney’s fees which Seller or any or its agents or employees may sustain or incur at any time for or by reason of any injury to or death of any person or persons or damage to any property arising out of any condition of or defect in the goods or any claimed inadequate or insufficient safeguards of safety devices or warnings.
Governing Law: This Agreement shall be governed by and construed according to the laws of the State of Pennsylvania.
Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes any prior discussions or agreements between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing, duly executed by both parties.
Severability: If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
Assignment: Buyer shall not assign or delegate any or all of its duties or rights hereunder without Seller’s prior written consent. Any assignment or delegation made without Seller’s consent shall be null and void.
Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
