Nos Mopar 2538069 Transmission Cluster Gear 1961-1969 ◆ 69 Borg Warner Wt285-8a on 2040-parts.com

a.) SOLD “AS-IS”, No Warranty is Expressed or Implied. ALL ITEMS ARE SOLD ON AN “AS-IS”, “WHERE-IS” BASIS ONLY; we cannot give any guarantees. Item is sold without any sort of guarantee whatsoever; includes form, fit, function, condition, age of item, application, use on any year-make-model of vehicle, etc. Why? For example, it is impossible for Seller to say if our part "will fit" any vehicle Seller cannot see or measure first himself. Instead, fitment assessment is solely up to the Buyer. Buyer agrees that auction photos, “item specifics”, auction title, auction description, etc. are collectively considered a part of this Agreement and are not intended to singularly be a full and accurate description of the item. Buyer is encouraged to make an appointment at our location to physically inspect item before Buyer places a bid. Buyer agrees that Buyer's bid is Buyer's confirmation that this item is well-suited for Buyer's purposes, standards, fitment to their project and/or vehicle. Buyer agrees that Buyer's bid is acceptance of all of Seller's terms written herein including Seller's return policy, Seller's restocking fee, and Buyer's responsibility to pay all shipping costs from and to the Seller. Seller participates in eBay's Non-Paying-Bidder Program and reports all non-paying bidders to eBay. Regardless of Buyer's type of electronic device, and what portion of this auction may or may not be displayed on that device, Buyer is held accountable to ALL the information, photos, and terms contained herein.
b.) All items Sold Need Some Repair Before Use. ALL ITEMS SOLD NEED TO BE REPAIRED / reconditioned / rebuilt / refreshed / overhauled / inspected / lubed / approved. etc. by a licensed professional of Buyer's choosing BEFORE use or installation, regardless if part/item is advertised herein as "NOS", "new", “used”, “vintage”, “old”, “working”, “not-working”, or other. Small parts may be missing and/or minor repairs may be needed on EVERYTHING sold. ALL items listed for sale have not been bench-tested or operationally diagnosed or deemed "safe" for use or automotive use in any way. Notice: ALL automotive parts/items herein are to be considered NOT ROADWORTHY in their sold as-is condition. Same goes for home improvement, electrical, or any other item of parts sold, since these items may be up to 75 years old and are all sourced from car auctions, estate sales or warehouse inventory clearances and therefore have an uncertain past and operational safety of said part/item is uncertain.
c.) Choice of Law and General Terms. The laws of the State of California, County of Los Angeles, City of Santa Clarita shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. This Agreement is the product of negotiations of the parties, and in the enforcement or interpretation hereof, is to be interpreted in a neutral manner, and any presumption with regard to construction or interpretation for or against any party by reason of that party having drafted or causing to be drafted this Agreement, or any portion thereof, shall not be effective in regard to the interpretation thereof.
d.) Arbitration. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Small Claims Court or binding arbitration in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof. The site of the Small Claims Court or Arbitration is to be the Santa Clarita, CA jurisdiction. Buyer is liable for any and all legal fees, related expenses, and lost revenue (Seller's time calculated at $90 per hour) caused to the Seller by Buyer or Buyer's post-auction actions including, but not limited to: posting any Negative or Malicious Feedback that hurts Seller's business or online reputation, slander, libel, defamation of character, intentional infliction of emotional distress and harassment and any loss of business to Seller or Seller's livelihood. In addition, Seller may file US Postal Service fraud claim vs. the Buyer.
e.) Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally delivered or served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal delivery or service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:
  ~ If to the Buyer: the account address for the Buyer supplied by eBay and shown on the eBay invoice.
  ~ if to the Seller: the address for the Seller shown in the eBay invoice.
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above. E-mail, non-certified/non-registered mail, and/or fax are examples of actions that do not constitute notice under the terms of this paragraph.
f.) Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
g.) Voluntary Agreement. The Parties hereto, and each of them, represent and declare that they have carefully read this Agreement and know the contents thereof and that they signed the same freely and voluntarily. Buyer acknowledges that by placing a Winning Bid, Buyer voluntarily entered a legally binding contract to commit to buy this item from the Seller. Buyer agrees to limit any possible remuneration to the Buyer to an amount not to exceed the original winning bid price Buyer paid for the item (shipping costs not included in that amount). Buyer acknowledges that he/she has read this web page & eBay's "Rules for Buyers" in their entirety, and has unconditionally accepted all terms included therein. Buyer also agrees to indemnify and hold harmless the Seller and his immediate family and/or associates for liability from any and all claims arising out of Buyer's purchase, use, sale, or other distribution of this item.