The term “Seller” refers to Race Era, Inc. The term “Purchaser” refers to the purchaser of any product manufactured by, purchased from, or installed by Seller (a “Product”).
- The acceptance of Purchaser’s order and the sale contract between Seller and Purchaser resulting there from are expressly conditioned upon these Terms and Conditions of Sale (the “Terms and Conditions”). In the event of any conflict between these Terms and Conditions and Purchaser’s purchase order, or any other document or any other communication from Purchaser, these Terms and Conditions prevail.
- All prices are F.O.B. Seller’s facility. Method and route of shipment are at Seller’s discretion. Delivery of a Product to a carrier of Seller’s choice constitutes delivery to Purchaser (“Delivery”) and, regardless of freight payment, risk of loss while in transit shall pass to Purchaser at such
time. Purchaser shall make claims for loss or damage to Products while in transit only against the freight carrier of such Products. - Seller shall not be liable for failure to perform any of its obligations hereunder resulting directly or indirectly from or contributed to any acts of God, acts of Purchaser, acts of civil or military authority, terrorist threats, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, lack or inability to obtain raw materials, components, labor or fuel supplies, or other circumstances beyond the Seller’s reasonable
control, whether similar or dissimilar to the foregoing. - Prices quoted are inclusive of any and all taxes and duties of any nature whatsoever, and if, in connection with this transaction
- Seller warrants that BMS Performance Tuners (JB+, Stage1, JB4) will be free from manufacturing defects for five years after delivery, and all other Race Era products will be free from manufacturing defects for one year after delivery. Purchaser’s exclusive Remedy for any breach of the forgoing warranty is, at Seller’s sole discretion, either: (i) repair or replacement of the non-conforming Product with a conforming Product or (ii) a refund or store credit in the amount paid by Purchaser for such non-conforming Product. Warranty applies to the original purchaser only and is non-transferable. Normal wear and tear, misuse, and abuse is excluded, including any failure to use the product as specified in these terms. Proof of purchase is required to facilitate replacements or warranty claims. Purchaser is responsible for all shipping charges.
SELLER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTY OF PATENT OWNERSHIP OR OF NON-INFRINGEMENT OF ANY PROPRIETARY RIGHT. IN NO EVENT SHALL THE SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND IN NO EVENT SHALL SELLER’S CUMULATIVE LIABILITY TO PURCHASER FOR DAMAGES RESULTING FROM OR RELATED TO ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, SETOFFS, LIENS, ATTACHMENTS, DEBTS, EXPENSES, JUDGMENTS OR OTHER LIABILITIES OF WHATSOEVER KIND OR NATURE, INCLUDING REASONABLE
ATTORNEY’S FEES AND COSTS (COLLECTIVELY “CLAIMS”) , REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF MONEY PAID BY PURCHASER TO SELLER FOR A PRODUCT.
SELLER SHALL NOT BE LIABLE FOR AND PURCHASER AGREES TO INDEMNIFY AND TO HOLD SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENT COMPANY, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ARISING OUT OF OR RELATED TO (a) PURCHASER’S USE OF PRODUCTS (b) ANY ACT OR OMISSION OF PURCHASER (c) PURCHASER’S WILLFUL MISCONDUCT OR (d) PURCHASER’S FAILURE TO COMPLY WITH ANY LAW, RULE OR REGULATION.
WITHOUT LIMITATION TO THE FORGOING: (I) PURCHASER EXPRESSLY ACKNOWLEDGES THAT USE OF THE PRODUCT MAY VOID ANY OR ALL WARRANTIES APPLICABLE TO ANY VEHICLE IN WHICH A PRODUCT IS INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY VOIDED WARRANTIES RELATED TO OUR ARISING OUT OF USE OF A PRODUCT; (II) PURCHASER EXPRESSLY ACKNOWLEDGES THAT PRODUCTS MAY CAUSE DAMAGE TO ANY VEHICLE IN WHICH SUCH PRODUCTS ARE INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY DAMAGE TO A VEHICLE ALLEGEDLY CAUSED BY A PRODUCT; AND, (III) PURCHASER EXPRESSLY
ACKNOWLEDGES AND HEREBY AGREES THAT PURCHASER IS FAMILIAR WITH AND AGREES TO COMPLY WITH ANY LAWS, RULES OR REGULATIONS RELATED TO PRODUCTS (“APPLICABLE LAWS”) AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS RELATED TO OR ARISING OUT OF ANY ALLEGATION THAT PURCHASER FAILED TO COMPLY WITH APPLICABLE LAWS. - No waiver alteration or modification of any of the provisions hereof shall be binding on the Seller unless agreed to by Seller, in writing.
- Failure or delay on the part of either party to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing.
- Without regard to principles of conflicts of laws, this agreement shall be governed by and construed in accordance with the laws of South Africa.
- The terms and conditions of sale set forth herein contain the total sale contract between the parties and all proposals, negotiations, representations, recommendations, statements or agreements made or entered into prior to or contemporaneously with this sale contract, except as specifically agreed to in writing by the Seller, whether oral or in writing, are excluded.
- If any provision hereof is held to be illegal, invalid or unenforceable under any present or future law, ordinance or regulation, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. All remaining provisions shall remain in full force and effect.
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. By using this site you agree to be bound by these terms of use. You agree to periodically check these terms, as they may be revised from time to time. Your continued use of this site signifies your acceptance of any changed terms. Do not use this site if you do not agree to these terms.
Except as may be expressly provided on this site to the contrary, all materials or other information found on this site or found on any other World Wide Web site owned, operated, licensed or controlled by Race Era may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without Race Era prior written consent.
Race Era reserves the right, without prior notice and without incurring any obligations, to discontinue or change the services offered on this site.