We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit/debit cards, as well as PayPal for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5(A), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY: (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
We shall not be liable for a breach of the warranty set forth in Section 5(a) unless: (i) you provide us with written notice of the defect, reasonably described, to us within thirty (30) days of the time when you discovered, or ought to have discovered, the defect; (ii) we are given a reasonable opportunity after receiving the notice to examine such Products and you (if requested to do so by us) return such Products to our place of business (at your cost) for examination; and (iii) we reasonably verifies your claim that the Products are defective.
We shall not be liable for a breach of the warranty set forth in Section 5(a) if: (i) you make any further use of such Products after giving us notice of the alleged defect; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, use or maintenance of the Products; (iii) you (or a third party) alters or repairs such Products without our prior written consent; (iv) such defect or damage results from your (or a third party’s) negligence or misuse; (v) such defect or damage results from ordinary wear and tear; (vi) such defect or damage was caused by fire, theft, vandalism, riot, terrorism, explosion, lightning, earthquake, windstorm, hail, water, freezing or flood, or other “Act of God”; (vii) such defect or damage only involves a Product’s cosmetics, coatings and/or appearance; (viii) a Product has been installed in a vehicle that has been used for racing, fleet, taxi, commercial or governmental use or converted from private use to commercial or fleet use; (ix) a Product, that is not specifically designated for an “off-road use”, has been installed in a vehicle for off-road recreational purposes (only Product(s) specifically designated for “off-road” use may be submitted for Warranty claim); and/or (x) such damage or defects results from any other modifications made to, and/or the improper maintenance of your vehicle.
Subject to these Terms, with respect to any such defective Products during the Warranty Period, we shall, in our sole discretion, either provide an account credit or repair or replace such Products (or the defective part) provided that, if we so requests, you shall, at Raceseng’s expense, return such Products to us (at your cost). Any damage that occurs to a Product while it is being returned is your responsibility. Returns will not be accepted without our prior authorization.
THE REMEDIES SET FORTH IN SECTION 5(e) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 5(A). The limitationS set forth above shall only apply to the extent permitted by applicable law.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE. THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT SUCH BINDING ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN LEHIGH COUNTY, PENNSYLVANIA.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to [email protected]; or (ii) by personal delivery, overnight courier, or registered or certified mail to Raceseng Inc 8007 Quarry Rd. Alburtis, PA 18011. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.