The terms and conditions contained herein (including, but not limited to, those terms and conditions on the face of hereof) constitute the entire agreement between Jotech Motorsports (hereinafter referred to as "Seller") and Buyer with respect to the goods, high-performance parts, Special Order items and/or services described on the face hereof (hereinafter collectively referred to as "goods") and shall supersede all prior communications, correspondence, Buyer's purchase orders, and any past orders, confirmations or contracts of Seller, Buyer or any agent of either party with respect to the goods. In the event that Buyer relies on documents which supersede this sales contract and which are inconsistent with any provisions contained herein, such inconsistent provisions shall not be deemed accepted by Seller by shipment, performance or otherwise unless initialed by Seller. This contract may be modified only in writing signed by both Seller and the Buyer.
1. ALL SALES ARE FINAL BY SELLER TO BUYER - Buyer understands and agrees that all goods sold by Seller to Buyer are in "as is" condition. Seller does not have any control of the condition, quality or consistency that manufactures have or maintain in the production of said goods. Neither Seller nor any agent or broker on its behalf has made any warranties, express or implied, of any kind with respect to the goods or the condition, quality or consistency of the goods. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS BY SELLER FOR ANY PARTICULAR PURPOSE, BUSINESS OR USE. The goods are delivered free of the rightful claim of any third party by way of infringement or otherwise. SELLER SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INJURY OR LOSS OF ANY KIND OR TYPE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY ECONOMIC LOSS, LOSS OF PROFIT OR FINANCIAL DETRIMENT OF ANY KIND, PROPERTY DAMAGE OR LOSS OF USE, BODILY OR PERSONAL INJURY OR EMOTIONAL DISTRESS.
2. PRICES - All prices stated herein are subject to change prior to Seller's acceptance of Buyer's order. With respect to orders scheduled for shipment 30 (thirty) days or more after the date of Seller's acceptance of Buyer's order, Seller reserves the right to invoice such shipment according to the prices prevailing at the time of shipment and Buyer agrees to pay any increase in price prior to shipment. Prices do not include shipping and handling charges or applicable taxes, unless specifically stated otherwise. Seller ships all items UPS Ground. If Buyer desires next day, 2nd day or 3-day shipping, please e-mail request for rates to email@example.com. Seller will try to meet Buyer's special shipping requests. ****NOTICE: All weights shown for products are used for shipping calculations only and may not reflect actual weight of the product. Free shipping offers only apply to the continental United States.
3. TERMS OF PAYMENT - Unless otherwise specified herein, payment is due at time of placement of Buyer's order. Seller accepts VISA, MasterCard, American Express and Discover credit cards, subject to approval at Seller's sole discretion. Seller does NOT accept checks except certified bank checks or cashier's checks. Seller does NOT accept C.O.D. orders. Seller reserves the right to require payment by Money Order, Cashier's Check or Wire Transfer at the sole discretion of Seller. All international orders must be paid by Money Order, Cashier's Check or Wire Transfer denominated in United States currency. Seller does not extend credit or terms to Buyer under any circumstances.
4. SPECIAL ORDERS - Special Order items consist of custom items, items not regularly carried in the ordinary course of Seller's business, items ordered to Buyer's non-standard and/or specific specifications, and the like. All Special Order items require a non-refundable 100% (one hundred percent) deposit. If there is a cancellation for any reason by Buyer, Buyer understands that the deposit is forfeited immediately to Seller. Seller shall not be liable for late shipments. Given shipping dates are approximate and are only estimates. Buyer shall not be entitled to charge backs, reductions in price or other offsets as a result of a late shipment or failure to deliver in the estimated time of delivery. Special Order items may be subject to price increases incurred by Seller from manufacturer and/or distributor even after acceptance of Buyer's order. In such event, Buyer will be obligated to pay any price increase that may be charged by the Special Order item's manufacturer and/or distributor and Buyer will not be entitled to any refund or monies paid.
5. DELIVERIES - All shipping dates given by Seller are approximate only. Deliveries may be subject to delay due to, but not limited to: acts of God, strikes, labor disputes or difficulties, supplies or materials shortages, fire or natural disasters, delay or defaults of common carriers, acts of local, state or national governments or agencies, civil disturbances, acts of terrorism, acts or causes that do not normally occur in the ordinary course of Seller's business or any other delays beyond Seller's reasonable control, and Seller shall not be liable for any loss or damage arising therefrom. All goods damaged in transit are not the responsibility of Seller. All claims are to be made with the corresponding freight or shipping company. Seller shall have the additional right, in the event of the happening of any of the above contingencies, at its option, to cancel this contract or any part of it without any resulting liability. Any delivery not in dispute shall be paid for regardless of controversies relating to other delivered or undelivered merchandise. All packages are shipped with signature required. Customer is responsible to sign for package. If customer is not available to sign for package it is their responsibility to pick the package up from the shipping carriers sort facility. Once a package is in transit the shipping address or signature required status cannot be changed. In the event a product is damaged during transit, Jotech Motorsports will only issue the credit to the customer once the credit is received by Jotech Motorsports.
6. RISK OF LOSS - Risk of Loss of the goods shall pass to Buyer as soon as the goods are properly loaded on the carrier or otherwise delivered to Buyer, and all goods are shipped at the risk of Buyer. Jotech Motorsports is not responsible for any damaged goods.
7. REJECTION OF GOODS AND CLAIMS - As soon as the goods are delivered to Buyer, he shall inspect them. Notice in writing must be given to Seller within four (4) calendar days after receipt of goods of any defect or omissions. Failure to give written notice within four (4) calendar days after receipt shall constitute an irrevocable acceptance of the goods. No claim shall be made after the goods are used in any manner or are processed or changed in any way from the original condition. All warranty cards and other items must be included with the product returned to Seller. Only the Buyer and original purchaser of products(s) may request a return upon satisfactory proof to Seller that the goods are defective. In the event of any Buyer's claim and thereafter, Seller shall have no further liability in connection with the claim. No goods may be returned to Seller unless Buyer has notified Seller of the reasons of the proposed returns, and Seller has agreed in writing to the returns prior to shipment. Any return are subject to a thirty percent (30%) restocking charge. All returns require an RMA (RETURN MERCHANDISE AUTHORIZATION NUMBER) which can be obtained by calling Jotech Motorsports. Shipping charges are not refundable. After an RMA has been issued for return buyer must have part returned back to Jotech Motorsports within 2 weeks. Any item returned after 2 weeks from date of RMA issue will not be accepted. Any refused shipment is subject to the ordinary return policy. A 30% restocking fee is applied to any refused shipment. All products, which are approved for return, will be for store credit only. There are no returns or cancellations for any reasons on electronics, body kits, hoods, clutches, brake kits, coil overs, intercoolers, wheels, exhausts, turbo kits, superchargers, and any special order items (This includes ALL products that are not in stock at time of purchase).
8. WARRANTIES - All warranties, expressed or implied, are done by the manufacturer of the product/goods and not by the Seller. Seller's sole warranty for each product/goods sold is set forth in the warranty documentation associated with the product/goods from the manufacturer. Seller gives no warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Seller will not be held liable for any damages or injuries that may be incurred directly or indirectly to the vehicle(s) or operators or passengers of the vehicle(s) in connection with the use of the product/goods. At the Seller's sole discretion, Seller will process all warranties in a timely manner on the Buyer's behalf but Seller is at the sole discretion of the manufacturer in terms of merchandise/goods being returned in a timely manner and accepted by manufacturer. In the event a credit is issued as a result of a warranty claim, Jotech Motorsports will only issue the credit to the customer once it is received by Jotech Motorsports.
9. LIMITATION OF DAMAGES - Buyer's exclusive remedy for any breach of contract or warranty shall be limited to the price of the goods only. In the event of a breach or repudiation of this contract by Seller, Buyer shall not be entitled to recover any incidental or consequential damages as such terms that are defined in the Uniform Commercial Code.
10. PERFORMANCE PRODUCT WAIVER - The Seller does engage in selling after-market items and the Buyer does understand the ramifications for having these performance or after-market parts on a vehicle. Seller shall not be held accountable for any legal fees or such in selling of said parts to Buyer. Seller shall not be held responsible or accountable for any misconception or disappointments associated with any of these parts or the use thereof or for any fines that may be imposed on Buyer for the use or installation of such parts. Buyer understands fully that some parts sold by Seller may not comply with local, state or federal laws and Buyer will not hold Seller accountable in any shape of form, legal or implied therefore.
11. INSTALLATIONS - Seller is not, and shall not be held, liable or responsible for any installations, misuse of products or any defects/loss due to installation, or any damages or injuries as a result thereof or in connection therewith.
12. TAXES - The amount of present or future sales, revenue, excise, or other taxes applicable to the products listed herein shall be added to the purchase price and shall be paid by Buyer, or in lieu thereof the Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
13. ARBITRATION - Any controversy or claim arising out of or relating to this order or the performance or breach of this contract shall be settled by arbitration in the City of Dallas, State of Texas in accordance with rules and procedures then in effect of the American Arbitration Association. Any legal action or arbitration of any kind against Seller by Buyer must be commenced with one (1) year from the date such right, claim, demand, or cause of action shall first accrue.
14. AUTHORITY OF SELLER'S AGENTS - No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning the goods. Unless an affirmation, representation or warranty is specifically included within this acknowledgement, it has not formed part of the basis of this bargain and shall not be in any way enforceable.
15. ASSIGNMENT/DELEGATION - Buyer shall assign no right or interest in this contract without Seller's written consent. Any attempted assignment without such consent shall be wholly void and totally ineffective for all purposes.
16. APPLICABLE LAW - This contract, including the terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing shall constitute the entire Agreement concerning the goods sold, and shall be governed in all respects by the laws of the State of Texas.
17. DEFAULT - On any default or breach of this contract by Buyer, Seller, at its option by giving written notice to Buyer of its election to do so, may as to this contract and such other contracts as may exist between Buyer and Seller, cancel any or all contracts and/or defer shipment or delivery of all or any part until such default or breach is cured and/or cancel any undelivered portions thereof and/or demand immediate payment of all amounts owed Seller under the contracts. If Seller elects to cancel, Seller may sell all or part of the delivered Goods without notice to Buyer, except as may be required by law (and in such event five (5) days notice shall be deemed reasonable notice under the circumstances) at public or private sale, holding Buyer liable for any damages or financial loss including incidental expenses and attorney's fees resulting to Seller by reason of Buyer's default or breach. Seller shall not be limited in its rights and remedies against Buyer for any cause whatsoever to those remedies set forth herein, but shall have such other rights and remedies as may be available to it under the Texas Commercial Code or any other applicable laws.
18. TERMINATION - BREACH - Seller shall have the absolute right to cancel and refuse to complete this contract without notice (1) at any time, if any of terms and conditions governing this contract are not strictly complied with by Buyer or (2) in the event Buyer's financial condition or responsibility becomes unsatisfactory to Seller. If Seller cancels this contract, Buyer shall reimburse Seller of all actual expenditures, commitments, liabilities and costs made or incurred with respect to any Goods ordered but not yet paid for by Buyer, plus loss of profit, less any net recovery to Seller on disposition of such items to others within a period of thirty (30) days after the cancellation. If Buyer cancels this contract, Seller may retain all or a portion of any down payment or deposit to cover the costs and expenses incurred due to such cancellation. All order cancellations must be in writing and must be received by Seller within 24hrs of original order. No order can be cancelled once the item has been shipped.
19. FURTHER ADMONISHMENTS AND REMINDERS - Some of the parts for sale have been designed for and are intended for off-highway application only. Federal and many State laws prohibit the removal, modification, or rendering inoperable of any device or element of design affecting vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to a fine or penalty. Installation of such parts may void the warranty coverage, if any, on the vehicle. Vehicles modified by use of performance parts may no longer be lawfully used on public highways and it is the sole responsibility of Buyer to investigate and comply accordingly.