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Important!!! Please read before purchasing!!
TERMS AND CONDITIONS OF SALE
The terms and conditions contained herein constitute the entire agreement ("Agreement") between Banshee Auto Tunin ("Seller") and Buyer with respect to automotive products and parts ("Goods"). By entering and/ or purchasing from this site, you are agreeing to the terms and conditions set forth with Banshee Auto Tunin.
1. Terms of Use: Seller and Buyer agree to abide by the policies, terms and conditions set forth below. By acknowledging and accepting this agreement, Buyer agrees to the terms and conditions of sale. Seller reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Sale.
2. Terms of Payment: All new Buyers shall prepay orders by cash, cashiers check, money order, credit card, or paypal. Personal or company checks shall not be accepted unless approved by Banshee Auto Tunin management. New and local accounts shall be on prepayment terms until their account is reviewed, approved and finalized. Once finalized, those accounts shall have the option to be placed on C.O.D.
3. Price Determination: Seller reserves the right, at any time, to modify or update the price of goods without notice and all changes shall become effective and binding upon subsequent orders placed after a price modification or update. 1. Typographical Errors: In the event a product is listed at an incorrect price due to a typographical error or error in pricing, Seller shall have the right to refuse or cancel any such order whether or not the order has been confirmed.
4. Manner of Order: All orders shall be by FAX or INTERNET/ E-MAIL/ PRINT ONLY. Seller shall not be liable for any errors occurring through orders placed verbally.
5. Shipping: All orders are processed upon receipt. Actual shipping time is contingent upon availability of merchandise. No orders are processed or shipped on Saturdays or Sundays and federal holidays. In the event of delays, every effort will be made to contact you by email, facsimile, or telephone. If the delay is due to backorder, you will receive notice by phone or email and be given the choice to remain on backorder, substitute to another item, or cancel your order.
6. Special Orders: Special orders are all prepaid. Special order items cannot be cancelled or returned. Buyer shall not be entitled to charge backs, reductions of price, or other offsets as result of late shipment or failure to deliver in estimated time of delivery. If special orders are not picked up within 60 days all monies and parts purchased are sole property of Seller.
7. Backorders: In accordance with paragraph 5 above, if Seller is unable to immediately fill the entire order, Seller shall notify Buyer, and if Buyer so requests, Seller shall ship those Goods in stock as an accommodation to the Buyer's order. The balance of the order shall be placed on backorder and the Goods shall be sent to Buyer unless otherwise directed by Buyer. All back orders must be cancelled by Buyer via internet/email/fax or otherwise will automatically be shipped upon availability.
8. Shipment/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, defaults and/or delays of common carriers or any other delays beyond Seller's reasonable control, and Seller shall not be liable for any loss or damage. Seller has the capability and materials to properly package the Goods being shipped. All Goods damaged in transit are not the responsibility of Seller. Inspect your shipment upon arrival. Report any damage or shipping related breakage immediately to the carrier. If said damages do not seem to be made by shipping carrier, pictures of damages in question are to be mailed or emailed to Seller for inspection. Without any proof of damages, a replacement cannot be issued. Authorization to return any and all products must be obtained by the Buyer from Seller in advance and must be made within (3) days of receiving the product.
9. Risk of Loss: Risk of loss of the Goods shall pass to Buyer once the Goods are shipped to Buyer. All claims are to be made with the corresponding freight or shipping company. Any delivery not in dispute shall be paid in full regardless of controversies relating to other delivered or undelivered Goods. Buyer shall be responsible for inspecting the Goods upon delivery. Buyer shall be responsible for additional freight charges if Buyer is not available at time of delivery of Goods.
10. Warranties: THERE ARE NO WARRANTIES. Seller will not be held liable for any damages which are incurred directly or indirectly on the vehicles or operators or passengers of the vehicle. Products sold may carry their own warranty covered by the manufacturer of the product. If this is the case, the proper literature will be included in product packaging.
11. Returns Policy: All returns will be charged a 25% restocking fee. All products which are approved for return are for store credit only. All products returned for credit must be in the original manufacturers carton in the same condition as it was originally delivered by Seller to the Buyer. Only the original Buyer may request for a return of products. All warranty cards and other such items must be included with the product being returned. Defective items may be exchanged for the same item only, and only after warranty has been cleared from original manufacturer will the Buyer receive product back. After receipt of goods, Seller shall inspect the goods to determine the exact quantity and condition of goods received. If Seller does not accept the goods as being defective and/or returnable for any reason, Buyer must accept incurred costs. Wheels and Tires which have been mounted or used are not returnable under any condition. Special Orders, Custom Made Orders, and all Electrical or Mechanical parts are not returnable. All returns shall be in an unused, unaltered, and unpainted condition. All returns shall be sent shipping prepaid. Any returns sent freight collect or COD shall be refused and returned to the Buyer at Buyer's expense. Any discrepancies may result in delay or partial forfeiture of your credit. Buyer is advised to insure the returned goods for their full value since Seller shall not be liable for any damage or loss in shipment. Credits shall not be issued on returned merchandise damaged in transit. In the event returned Goods are received damaged, Seller shall file a claim with the carrier and refund the Buyer upon settlement of the claim. 1. Bodykits: Buyer fully understands that all body kits are sold "as is" with no warranty expressed or implied; due to the fact that most body kits are made of 100% fiberglass. Buyer also understands that due to strict U.S. Federal and State Safety crash guidelines, Seller is not responsible or liable for any damages or possible injury incurred upon possible accidents due to driver error, incorrect installations, bad judgment (cracking or breaking your parts) or act of nature/God, etc... All body kits are only recommended and legal to be used for off-highway use such as track racing or for exhibition show only! Violation of such laws may subject the owner or user to a fine or penalty. Installation of Goods or performance parts may void the warranty coverage, if any, on the vehicle. Vehicles modified by use of Goods or performance parts may no longer be lawfully used on public highways. All aftermarket hoods require hood pins, and are for off-highway application only. Buyer understands that all body kits may need modifications for correct fitment such as removal of safety reinforcements, removal of factory bumper lights/side marker indicators, shaving, molding, etc. Because several of these kits are prototyped and used on NON-USA vehicles that have much less safety standards/requirements in their respected country of origin. Buyer understands that all body kits require prep work before paint; we are not responsible for any extra incurred fees, material fees, storage fees for unexpected labor your body shop/paint shop charges the Buyer. We strongly RECOMMEND you only have highly skilled body shop/ technician install and paint any body kit for factory or show quality look. Not all body shops charge the same prices, or have the same quality work performed.
12. Taxes: The amount of present or future sales, revenue, excise, or other taxes applicable to the Goods listed herein shall be added to the purchase price and shall be paid by Buyer, or in the alternative, Buyer shall provide Seller with a tax exemption certificate that complies with taxing authority requirements.
13. Late Payments: In the event that any payments under this Agreement are not paid when due by Buyer, the overdue payment is subject to interest at the rate of 19% per annum from the date that the payment became delinquent.
14. Collection Costs: You agree to pay all collection costs associated with collecting the amount you owe under this Agreement, including court costs and reasonable attorney fees.
15. Credit Cards: All credit card transactions will be subject to a 3% processing fee.
16. Indemnification: Buyer hereby agrees to defend, indemnify, protect and hold Seller, its parent, subsidiary and affiliated entities, as well as each officer, director, employee, representative, agent, dealer, successor and permitted assign of any of the above harmless from and against any and all expenses, damages, claims, demands, suits, losses, actions, judgments, proceedings, liabilities and costs whatsoever arising out of: (i). Buyer's breach, misrepresentation or non-performance under this Agreement; or (ii). Negligence or willful misconduct of Buyer or its agents and employees which arise out of Buyer's performance or non-performance under the terms of this Agreement; or (iii). An accident, injury, property damage or death that in any manner relates to this Agreement, including, without limitation, those actions or other liabilities to third persons and their heirs, legal representatives, successors and assigns; or (iv). Buyer's failure to comply with any and all federal, state, local laws, rules, and/or regulations; or (v). Any payment owed by Buyer to persons or entities benefiting from this Agreement; or (vi). All other activities of Buyer reasonably connected with this Agreement.
17. Miscellaneous: 1. Some automotive Goods for sale by Seller have been designed and are intended for off-highway application only. Federal and/or State laws may prohibit the removal, modification, or rendering inoperable of any device or element of design or performance affecting vehicle emission or safety in a vehicle used on public highways. Except as otherwise specifically set forth herein, all Goods are sold "as-is"; neither Seller nor any agent or employee on its behalf, has made any warranties, express or implied, of any kind except as otherwise specifically set forth herein. Seller SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFIT OF ANY KIND. 2. Goods originating from Seller shall not be duplicated or reproduced by Buyer's employees or agents.
Thank you for your cooperation
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