SEIKO Watch of America LLC
TERMS AND CONDITIONS OF SALE
FOR SPARE PARTS PURCHASES

ORDERS FOR SPARE PARTS

We currently accept spare parts (hereinafter referred to as “products,” “parts,” or “spare parts”) orders only from retailers and parts distributors. All orders are subject to acceptance by SEIKO Watch of America LLC’s SEIKO Service Center (“we” or “us”) at our headquarters in New Jersey. We reserve the right to refuse to accept your order for any reason at our sole discretion. By ordering spare parts on our website, you represent and warrant that you are at least the age of majority in the place where you reside.

PRICE

All prices for spare parts are shown and are payable in U.S. dollars. All prices are subject to change without notice. If the price of a spare part changes after your order has been accepted, we will honor the price that was posted at the time you placed your order unless the price was posted by us in error, in our sole discretion. You are responsible for all sales, use, and other taxes relating to your spare parts purchases from us, if any.

AVAILABILITY

All items are subject to availability. We reserve the right to discontinue sales of any particular spare part at any time without notice. If an item is unavailable or if we discontinue any item after you have placed an order for that item, we may cancel your order even it was previously accepted by us.

PAYMENT

All payments due for spare parts orders placed will be applied to your account and you are responsible to submit payment to us in accordance with your payment terms in effect for your account. You also have the option, at checkout, to pay by credit card. If your account is past due then you must pay by credit card. We currently accept only Visa and MasterCard credit card payments. No forms of payment for spare parts purchases other than those described in this paragraph are accepted at this time. If you pay by credit card, by submitting your order, you represent and warrant that you are the named person (or an authorized person on behalf of your company) on the credit card and that you authorize us to charge your credit card for the total invoice price of the order.

SHIPPING

If the price of the spare parts that you purchase in a given order is at least one hundred fifty dollars ($150) (excluding shipping costs), we will pay the shipping costs to ship the spare parts to you via our standard shipping method. If you choose any other shipping method or if the price of the spare parts ordered is less than one hundred fifty dollars ($150), you will be responsible for all costs incurred to ship the spare parts to you. We are not responsible for any shipping delays.

RETURNS

Except for Approved Returns (as defined below), all spare parts sales are final and returns will not be accepted. We will accept a return if we ship the wrong spare part(s) to you or if the spare part received is defective, but only if such items are returned (i.e., received by us) within ten (10) days after the spare part is delivered to you (each an “Approved Return”). Attempts to return wrongly shipped parts or defective spare parts outside of this ten (10) day period will not be accepted. Approved Returns must be accompanied by a copy of the duplicate invoice provided with your order (with the spare parts being returned identified on the duplicate invoice along with a description of the reason for the return). You are responsible for paying postage costs for the return shipment to us, however, if you call our customer service hotline at 800-722-4452 prior to making an Approved Return we may, in our sole discretion, issue you a prepaid shipping label (which can be used to return the spare parts that are the subject of the provisionally accepted Approved Return at our cost). You are also responsible for all damage that occurs while the spare parts that you are returning are in transit (other than spare parts being returned using a prepaid shipping label, as described above); therefore, we recommend that you insure these return shipments. Returns must be sent to: SWA Service Center, Att: Customer Service, 1111 MacArthur Blvd., Mahwah, NJ 07430.

CREDIT FOR RETURNS

Credit for all Approved Returns will be issued to your account or to the credit card that you originally used to make your spare parts purchase. We will make every effort to process your return order and credit your account or credit card within fifteen (15) days after the returned item(s) have arrived at our Service Center. We reserve the right to inspect spare parts being returned to confirm that the spare parts you are returning qualify as Approved Returns including, without limitation, those for which a prepaid shipping label has been provided. Returns sent to us that do not qualify as Approved Returns will not be accepted and will be returned to you at your sole cost and expense.

AMOUNT CREDITED FOR RETURNS

When you return a spare part, we will not refund the shipping charges originally billed to you, unless we determine, in our sole discretion, that the return is an Approved Return. We do not charge a restocking fee, so the amount credited to you will not include a restocking fee or charge.

CUSTOMER SERVICE

If you have any questions or if you would like to speak with our Customer Service Department, you can call us at 800-722-4452. Our customer service hours of operation are 9:00 AM – 5:00 PM EST, Monday through Friday. You can also email your questions to us at custserv@seikousa.com

FREQUENTLY ASKED QUESTIONS

To help assist you with questions you may have, we have listed a number of frequently asked questions, along with answers to those questions on our website at www.seikoserviceusa.com.

PRIVACY STATEMENT

A copy of our privacy policy is listed at http://www.seikoserviceusa.com/#PRIVACY. Please refer to our privacy policy for information on how we collect, use, and disclose personal information from users of our website.

GENERAL

We strive to provide spare parts information that is as accurate as possible. Unfortunately, errors do happen from time to time. Accordingly, we do not warrant that any spare parts descriptions, photographs, pricing or other information on our website is accurate or complete. If a spare part offered by us is not correctly described or depicted, your sole remedy is to return the spare part to us in accordance with our return policy (described above). We reserve the right to correct any errors prior to shipping your order. We also reserve the right to cancel any orders that are based upon incorrect product or pricing information and refund any amount charged to you.

DISCLAIMER OF WARRANTIES

WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO SPARE PARTS PURCHASES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM, AND BY PURCHASING SPARE PARTS YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WHETHER OR NOT OCCASIONED BY OUR NEGLIGENCE.

LIMITATION ON LIABILITY; EXCLUSIVE REMEDIES

Our total liability and your exclusive remedy for damages from any cause whatsoever shall be limited to the purchase price for the specific spare parts that caused the damage and shall include only those damages that are directly related to the cause of the action. We shall not be liable for direct, indirect, incidental, or consequential damages, including but not limited to loss of use, revenue or profit.

ARBITRATION; NO CLASS ACTIONS

By purchasing spare parts directly from us, you agree that any controversy or claim arising out of or relating in any way to your purchase or attempted purchase of any products directly from us shall brought on an individual, and not on a class action basis, shall be subject to binding arbitration, which shall be administered by the American Arbitration Association, held in Bergen County, New Jersey, and decided by one (1) arbitrator, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You further agree that the arbitrator, and not any federal, state, or local court or agency shall have exclusive authority to resolve any controversies, claims, or other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this SEIKO Watch of America LLC Terms and Conditions of Sale for Spare Parts Purchases. By agreeing to arbitration, Purchaser understands and agrees that Purchaser is waiving and hereby waives Purchaser’s rights to maintain other available resolution processes, such as a court action or administrative proceeding to settle any disputes between Purchaser and Seller.

APPLICABLE LAW

The validity, performance and all matters relating to the interpretation and effect of these terms and conditions and any purchase order placed thereunder shall be governed by the laws of the State of New Jersey.