1. AGREEMENT TO TERMS: By signing this Terms and conditions, purchasing on-line from Seller, or accepting delivery of any Product, Purchaser, installer and/or end user agrees to all Terms and Conditions of this Agreement. End user means the entity or person which actually receives, installs and/or uses the Product. The term “Purchaser” includes the end user. The person or entity receiving the Product is required as a condition to acceptance of the Product to provide a copy of the terms to any installer and or user of the Product.
2. PAYMENT TERMS: Unless otherwise stated in this agreement, amount due is calculated prior to additional charges for shipment and/or delivery. Any unpaid amounts shall accrue interest equal to one percent (1%) per month, which is an effective annual interest rate of twelve percent (12%). All amounts are payable in U.S. Dollars to Seller. Seller shall retain a security interest in all Product until payment is made in full for the Product and Seller has the right to file a UCC-1 financing statement on such Product and repossess the Product for failure to pay as provided by applicable law.
3. TAXES: All duties, excise, sales, transfer, personal property and other taxes (whether Federal, State or Local) applicable to the sale, purchase, storage, use or ownership of the Product covered by this Agreement shall be paid by the Purchaser, except Seller shall collect sales taxes from as required in Washington State.
4. SHIPMENTS AND RISK OF LOSS: Product shall be shipped by common carrier at Purchaser’s cost, and risk of loss shall transfer when Product is placed with the carrier.
5. RETURNS: Seller has a limited return policy, as follows:
a. Call 360-306-3263 or email ([email protected]) Seller to obtain a Return Authorization Number (RAN) prior to returning any Product. Returns will not be accepted without a RAN or if the return is a special/custom order or if the Product is not in its original condition whatever the cause.
b. Product must be sent within 14 days of its receipt in the original shipping container with the original invoice inside the shipping container and the RAN clearly printed on the outside of the shipping container.
c. Special and/or custom orders are non-returnable and non-cancelable.
d. All returns must be shipped prepaid (no COD accepted). No credit will be provided for shipping charges. Provided the Purchaser complies with the requirements herein, Seller will refund the purchase price for the Product, less to a 20% restocking fee.
6. PROPER INSTALLATION: Purchaser shall be solely responsible and liable for and shall ensure that proper installation procedures specified by Seller and/or provided with the shipment of any Product shall be followed in the installation and use of the Product.
7. LIMITED WARRANTY: Purchaser acknowledges the Product is for off-road racing use only. The nature of off road racing involves significant risk, and the conditions under which the Product is used and types of use of the Product are many depending on factors such as installation and use. Due to the inherent risk of the activity in which the Product is used, the Purchaser understands and agrees the Seller provides a limited warranty for the Product, specifically, the warranty is limited to the following specification: less than .0015” runout and less than .0003”disc thickness variation.
If Purchaser provides Seller with written notice of any condition inconsistent with the specification set forth above on or before six (6) months from the date of delivery and complies with the return requirements set forth in Section 6, then Seller will, at its election either:
(a) Provide a replacement Product, or
(b) Refund the purchase price.
This limited warranty does not cover, and Seller will not pay for, or provide, labor or materials that which may be necessary to remove a Product or install a replacement Product. This warranty is limited to the exchange of the Product or return of the purchase price.
Further, this warranty shall not apply to any Product that:
(a) Is not in its original condition whatever the cause; or
(b) Is not installed and operated in accordance with the standard instructions and specifications.
7.1 EXCLUSIVITY OF LIMITED WARRANTY: The seller’s limited warranty of seller set forth in this section is the exclusive warranty and is in place of all other warranties, express or implied (including but not limited to, any implied warranty of merchantability or fitness for a particular purpose) and there is not warranty with regard to capacity, durability, reliability, safety or performance with regard to the product.
7.2 EXCLUSIVE RIGHTS AND REMEDIES: The warranties, rights and remedies of purchaser set forth in this section are not otherwise assignable or transferrable. purchaser, by accepting the product, acknowledges the limitation of warranties contained herein and waives and releases seller from any claim arising out of the purchase, installation of use of the product regard less of the negligent act or omission of the seller, including waiver of any claim for any indirect, incidental, special or consequential damages.
7.3 CLAIM PERIOD: Any action arising out of the purchase, installation or use of the product shall be brought within one (1) year of the occurrence.
7.4 LIMITATION OF LIABILITY: In any event, seller’s liability under these terms for damages, regardless of the form of action, shall not exceed the total amount paid to seller for the product.
7.5 INDEMNIFICATION: Purchaser agrees to indemnify and hold harmless the Seller by any person or entity, from any and all liabilities, claims, causes of action, costs and expenses (including attorneys’ fees) of any nature whatsoever arising out of Purchaser’s purchase, installation of use of the Product.
8. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, proposals or understandings, whether written or oral. No amendment or waiver of any provision of this Agreement, nor consent to any departure by the Purchaser or Seller therefrom, shall be effective unless the same shall be in writing and signed by authorized agents of both.
9.1 Notices: Any notice required to be given under this Agreement by any party to the other shall be in writing and delivered personally or sent postage prepaid by registered or certified mail, return receipt requested.
9.2 Enforcement: The failure of either party at any time to enforce the terms of this Agreement shall not be construed as a waiver of the right or its enforcement. In the event of any dispute, the prevailing party shall be entitled to all costs and attorneys’ fees.
9.3 Assignment: The rights and obligations of either party in this Agreement shall not be pledged, assigned, or subcontracted without the prior written consent of the other party.
9.4 Choice of Law: This Agreement shall be construed under the laws of the United States, specifically the State of Washington. Any dispute or legal claim arising out of this Agreement shall be resolved by binding arbitration under the rules of the American Arbitration Association before a single arbitrator sitting in Bellingham, Washington. In the event there is any dispute involving copyright, trademark or patent rights, the venue and jurisdiction for such action shall be the U.S. Federal District Court sitting in Seattle, Washington.