Terms and Conditions
CONDITIONS OF USE
All orders placed with JM Auto Racing (phone, fax, mail, internet/web & e-mail) constitute the acknowledgement and acceptance of all conditions listed on JM Auto Racing’s Price List and all conditions listed below. All parts shall remain the property of JM Auto Racing until paid for in full. ALL orders shipped to a New York State Address must pay 8.75% NY State Sales Tax. In the event that an order placed on the web does not calculate sales tax and the order is being shipped to a New York Address, JM Auto Racing will calculate the sales tax when the order is processed. There will be no notification made regarding the adjustment of the total amount of the order reflecting sales tax. All prices, materials, design, color, contents included with a product, and product specifications are subject to change without notice. Some product images may be shown with optional items that are sold separately. Depending on the product(s) ordered and the destination of the order, certain shipping services may not be available. JM Auto Racing reserves the right to change the method of shipping suited to the product(s) ordered and the destination of the package(s). U.S.P.S. Priority Mail Service is only available for customers with a P.O. Box or APO/FPO Address. All Credit Card Orders can only be shipped to a VERIFIED Billing Address. Credit Card Orders will not be shipped until all information are verified and matched. All other orders (Check, Money Order, & Gift Certificate) will not be shipped until payment has been received in full. All unpaid orders will be cancelled after 30 calendar days. As a security precaution, all IP Addresses will be recorded for each completed web transaction. A 20% RESTOCKING FEE will be assessed on all Returned Item(s), Refused Shipments, and Canceled Orders that have been Shipped. Shipping Charges are NON-REFUNDABLE. All returned merchandise must be unused and in its original saleable packaging. Returned items will only be accepted if the items are returned to JM Auto Racing within 30 Calendar Days of the Invoice Date. Selecting an expedited shipping method does not guarantee that the order will be shipped by a certain date. An expedited shipping method only instructs JM Auto Racing to use that method of shipping when the order is processed and ready to ship.
In the event that our computer server/database encounters technical difficulties which causes problems with our product pricing, shipping calculations, or sales tax computations, JM Auto Racing will correct all discrepancies at the time of processing. Customers will be notified of any errors and will have the option to continue with the order with corrected totals or to cancel the order. JM Auto Racing will not be held responsible for any miscalculated totals due to server errors.
All engine modification components, except those that are exempt, have been designed and are intended for off-highway application. These components are legal in New York for racing vehicles only, which may never be used on public roads and highways. 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 this part may void the warranty coverage, if any, on your vehicle. Vehicles modified by the use of performance parts may no longer be lawfully used on public highways. Further, all engine parts, headlight units, and electrical components are sold AS IS without any warranty and may not be returned. User assumes all cost and risks associated with these and other import items.
Return for exchange or refund will be allowed only within 30 calendar days from the date of receipt. All authorized return merchandise must be unused and in its original saleable packaging. No return or exchange on merchandise that shows signs of having been installed, modified, mounted, scratched, or defaced will be allowed. JM Auto Racing must receive all Core Returns within 30 calendar days of the invoice date in order to receive a full credit refund. RETURN AUTHORIZATION NUMBER must be issued before any returns can be made. We will not accept any returns without this number. Please write the number clearly on the outside of your returning package and tag the item(s) inside with your name and R.A. Number. JM Auto Racing must receive the return within 10 calendar days after the R.A. Number has been issued. The Return Authorization Number does not imply a replacement or refund, but only that we will inspect the merchandise based on your claim. Returns must be sent freight prepaid and insured by you. A refund, exchange, or core return will not be considered until all relevant items, hardware, and accessories have been returned to JM Auto Racing. Original shipping and handling charges are not refundable. All custom entry fees and duty associated with any return or exchanges will be charged to the customer. It is the responsibility of the customer/installer to verify the correctness of size and application of all parts before installation.
Cancelling an order, if possible, is subject to a 10% cancellation fee. This fee is not to rip you off in any way. When you place an order, we lose 3% due to credit card processing, and also another 3% to credit your account. The other 4% is much less then what is needed to cover all other costs and expenses lost by cancelling an order, that was already processed. This fee is will only be imposed on a needed basis. If a special order has been placed, such as pistons, turbo's, etc., and the items are built and ready to ship out, and a cancellation is requested, a 20% cancellation fee will be imposed if possible.
Shortage claims must be made within 5 working days of receipt date. All claims for damaged merchandise must be made with the shipping carrier. Please keep all shipping cartons and all packing materials for carrier inspection. JM Auto Racing cannot initiate any claims with the carrier. All approved refunds will be paid either by Company Check, Credit Card Credit, or Account Credit, to be determined by JM Auto Racing. A 20% handling fee will be assessed on all authorized returns. All special orders (personalized/specially fitted) items must be paid in full at the time of order. All special orders and custom orders will be processed in the most timely and efficient manner possible; however, JM Auto Racing will not be held responsible for delays above and beyond its control. No cancellations, refunds, or exchanges on special order items or custom order items. Any refused shipments sent back to JM Auto Racing does not constitute the right to a refund or credit. It is the customer's responsibility to make all arrangements with JM Auto Racing for refused shipments. It is company policy to charge the customer all freight charges associated with the shipment and a 20% restocking fee on all products shipped.
Body parts including hoods, fenders, trunks, side skirts, and accessories that we are not liable for Fitment quality or satisfaction. All returns and claims are to be handled with the manufacturer directly. Also note, some items require professional installation and modification. They are aftermarket parts and must be treated as such. LTL and Freight Shipments will cover the delivery of most of these items. Items should be thoroughly inspected at time of delivery. Any damage NEEDS to be notated on the Bill of Lading prior to the driver leaving for an insurance to be valid. If damage, is not noted, the insurance is voided out and will need to be dealt with between you and the shipping carrier.
.WARRANTY: No warranty whatsoever will be valid if the defect was caused by customers abuse, negligence, or mishandling. All merchandise sold by JM Auto Racing is only subject to manufacturers warranty and conditions, if any, and is subject to submission to the manufacturer for inspection and approval for repair or replacement of merchandise. Customer, however, will be responsible for all shipping and handling fees. No labor or inconvenience may be included in any warranty claims. There is no warranty on lights, light bulbs, decals, electrical parts, and engine parts. Check your state and local laws regarding the use on any parts.
It is the customer's responsibility to retain any and all invoices for their record and warranty claims
DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
You use the site and services at your own risk. The site and services and all products are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, JM Auto Racing and its officers, employees, managers, members, parents, subsidiaries, corporate affiliates, agents, and licensors (referred to collectively as "affiliates") disclaim all warranties of any kind, express or implied, with respect to the site and services (including the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement).
In particular, JM Auto Racing and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the site or services (including, without limitation, any reviews, recommendations, comments or other content available on or through the site or services) or the content of any web sites or resources linked to the site or services. JM Auto Racing and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or services; (c) any unauthorized access to or use of our servers or of any personal or financial information; (d) any interruption of transmission to or from the site or services; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; or (f) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available on or through the site or services.
Except as expressly provided in these terms or in any applicable additional terms, JM Auto Racing and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third party product or service recommended, advertised or offered for sale on or through the JM Auto Racing site or services or any linked web site.
To the fullest extent permitted by applicable law, neither JM Auto Racing nor its affiliates will be liable under any theory of liability for any indirect, incidental, special, consequential or exemplary damages, including, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising from or relating to use of the site or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent PerformanceCooled.com may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of JM Auto Racing's liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless JM Auto Racing and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information (including your User Content, feedback, or any other content) that you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. JM Auto Racing and its affiliates reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with JM Auto Racing in such defense.
Under no circumstances will JM Auto Racing or its affiliates be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a Dispute) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the Arbitration Rules). The arbitration shall be conducted in Suffolk County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrators decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. By entering into these terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these terms must be asserted individually. The arbitrator shall not have the power to award punitive damages against any party.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of JM Auto Racing and its affiliates to enforce any right or provision of these Terms will not prevent JM Auto Racing and its affiliates from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.
We reserve the right to change prices without previous notification, and price adjustments will not be applied to your