Along with viewing
www.xcceleration.com and any purchases made from Xcceleration.com llc,
all customers / buyers (including resellers) understand and agree to
the following terms and conditions, general and specific:
1.
Xcceleration.com llc Is Not Liable For Any Damages Caused By Any
Products Purchased From Xcceleration.com LLC (the seller).
2. Xcceleration.com llc Attempts To Be As Accurate As
Possible And Eliminate Errors On This Site. However, We Do Not Warrant
That Product Descriptions, Photographs, Pricing Or Other Content Of
This Site Is Accurate, Complete, Reliable, Current, Or Error-Free.
3. We Are Not Responsible For Any Products Installed
By The Customer / Buyer.
4. We Provide Information And Parts "As Is" And Make
No Warranty Or Guarantee Of Any Kind. We Disclaim All Warranties,
Guarantees And Conditions With Regard To Information Posted On This
Website And All Parts Sold, Including All Implied Warranties Or
Guarantees And Conditions Of Merchantability, Condition Of Parts,
Fitness For A Particular Purpose, Performance Gains, Title And
Non-Infringement. We Are Not Liable For Any Special, Indirect Or
Consequential Damages Or Any Damages Whatsoever, Whether In An Action
Of Contract, Negligence Or Other Tortious Action, Arising Out Of Or In
Connection With Information Available From This Web Site Or The
Purchase, Use And Installation Of Any Parts Purchased From
Xcceleration.Com Llc.
5. Please Be Patient, We Do Not Inventory Any Parts,
And Certain Parts Are Made Per Order, And Requiring Time To
Manufacturer. All Parts Will Be Immediately Shipped As They Become
Available.
6. All Product Prices, Availability And Shipping
Costs Are Subject To Change Without Prior Notice. Xcceleration.com llc Requires All Purchases Be Paid Via
Bank To Bank Funds Transfer. All Funds Must Clear Prior To Order
Processing.
7. Shipping Costs Are Calculated And Billed
Separately Prior To Time Of Shipping.
8. The Purchaser Agrees It Is The Purchaser's
Responsibility To Report And Remit Any Sales Tax Or Other Taxes Owed On
Their Purchases, Not The Responsibility Of Xcceleration.com llc. The
Purchaser Releases Xcceleration.com llc From Any And All Obligation Or
Liability In Regards To Collection Or Remittance Of Any Sales Tax Or
Other Taxes Owed By The Purchaser (the buyer). Where Xcceleration.com
llc Is Required By Law To Collect Sales Tax, It Will And Does Not
Remove Purchaser's Responsibility To Report And Remit Any Sales Tax Or
Other Taxes Or Deficiencies Owed On Their Purchase.
9. All Engine Modification Components, Except Those
That Are Exempt, Have Been Designed And Are Intended For Off-Highway
Application. These Components Are 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. User Assumes All Cost And Risks Associated With These Items.
All Power Outputs Stated In This Website Are Only Approximations, For
Reference Purposes Only And Will Vary Depending On Each Vehicle, Its
Condition, Fuel, Modifications And State Of Tune, Etc..
10. All Parts Sold Are For 'Off Road' Use Only, Which
Each Buyer Agrees To By Each Purchase.
11. All Products Are Designed For Off-Road Use, Thus
Are Considered Racing Parts And Carry No Warranty Or Guarantee Either
Expressed Or Implied By Xcceleration.com llc.
12. If A Warranty Or Guarantee Is Available From The
Manufacturer, All Warranty Claims Are The Responsibility Of The
Customer / Buyer To Pursue Directly With The Manufacturer Of The
Product, Not Xcceleration.com llc.
13. No Warranty Or Guarantee Whatsoever Will Be
Honored By Any Manufacturer If The Damage Is Caused By The Customer /
Buyer's Abuse, Negligence, Mishandling And / Or Poor Installation.
14. By Purchasing Items Listed On This Website Or
Through Special Order, Via Our Order Form, Email, Telephone Or Fax,
Buyer Understands And Agrees To All Of The Terms And Conditions Of This
Website.
15. Only Parts Sold To The Customer / Buyer By
Xcceleration.com llc Will Be Installed Or Used For Performance Work
Requests By Our Strategic Partners.
16. All Performance Work Performed By Our Strategic
Partners Shall Be Invoiced To The Customer / Buyer Directly, Not
Through Xcceleration.com llc.
17. All Subsequent Performance Work Requests Shall Be
Directed Only To Xcceleration.com llc, Not Our Strategic Partners.
18. Delivery, Passage Of Title And Risk Of Loss To
Products Shipped Shall Be “FOB The Seller’s Shipping Point”. Title And
Risk Of Loss Will Pass To The Buyer Upon Delivery Of The Goods By The
Seller To The Carrier Or If Delivered Directly By The Seller, Upon
Delivery To The Buyer. The Buyer Is
Responsible For Filing Any And All Claims For Loss Or Damage of Said
Shipment. In addition, The Buyer Authorizes The Seller, As Its
Representative, To Execute And File, On The Buyer's Behalf, All
Documents The Carrier Requests To Evaluate A Loss Or Damage Shipment
Claim, To The Best Of The Seller’s Ability To Facilitate Said Claim.
All Loss Or Damage Shipment Funds Received by Xcceleration.com llc From
The Carrier While Representing The Buyer Shall Be Transferred To The
Buyer Upon The Xcceleration.com llc Receiving Cleared Funds, Minus Any
Bank Fees Of The Xcceleration.com llc. Delivery Times Are Approximate
And Are Dependent Upon Prompt Receipt By Seller Of All Material And
Information Necessary To Proceed With The Work Without Interruption.
Buyer Acknowledges That Many Factors Can Affect The Manufacture And/Or
Delivery Of Products, And Shall Not Seek To Hold Seller Liable Or Seek
To Cancel Orders For Delays In Delivery That Are Not Unreasonable. Any
Refused Shipments, Sent Back, Does Not Constitute A Refund Or Credit.
It Is The Customer's Responsibility To Accept All Shipments Or Make
Arrangements With The Carrier. All Refused Shipments Will Be Charged
Shipping Fees To And From Seller’s Shipping Point, Including Drop Ship
Fees, Residential Fees And Address Correction Fees, If Applicable, And
Storage Fees. No Refunds Will Be Issued For Refused Or Abandoned
Shipments.
19. Please Remember All Sales Are Final. No direct
Exchanges Or Refunds from Xcceleration.com llc. Order Carefully! Any
returns or refunds are soley based upon Manufacturers'/Distributors'
direct return policies and their willingness to accept said return
directly to and by them.
Condition of Sale:
All sales are final, no exchanges or refunds and all products sold by
Xcceleration.com llc (the seller) are sold "as is" to the customer /
buyer (the buyer), without any warranties or guarantees, express or
implied, including, but not limited to, the implied warranties of
merchantability, condition of parts, performance gains and fitness for
a particular purpose. Buyer understands and agrees: xcceleration.com
llc provides information and parts "as is" and make no warranty of any
kind. Xcceleration.com llc attempts to be as accurate as possible and
eliminate errors on this Site. However, we do not warrant that product
descriptions, photographs, pricing or other content of this site is
accurate, complete, reliable, current, or error-free. We disclaim all
warranties or guarantees and conditions with regard to information
posted on this website and all parts sold, including all implied
warranties or guarantees and conditions of merchantability, condition
of parts, performance gains, fitness for a particular purpose, title
and non-infringement. Buyer understands and agrees all parts on
xcceleration.com llc have been designed and are intended for off
highway application only. All engine modification components, except
those that are exempt, have been designed and are intended for
off-highway application. These components are 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. User assumes all cost and risks associated with
these items. By purchasing performance parts from Xcceleration.com llc,
the buyer confirms all parts are for off-road use only. Installation of
these parts on a vehicle intended for use on public roads may violate
state or federal laws and regulations including those relating to
emissions requirements and motor vehicle safety standards. In addition,
buyer understands and agrees xcceleration.com llc is not liable for any
special, indirect or consequential damages or any damages whatsoever,
whether in an action of contract, negligence or other tortuous action
or action by any state or federal agency, arising out of or in
connection with information available from this web site or the
purchase, use and installation of any parts purchased from
Xcceleration.com llc and you the Buyer release xcceleration.com llc of
all responsibility for legal issues resulting from use, abuse,
negligence or misuse thereof, whatsoever!
Payment Information and
Options: ALL
ORDERS SHALL BE PAID IN FULL AT TIME OF ORDER. ORDER PAYMENT SHALL BE
AS FOLLOWS: ALL ORDERS UNDER $1,000.00 USD MAY BE PAID IN CASH, US
POSTAL MONEY ORDER OR BANK TRANSFER FOR USA CUSTOMERS OR BUYERS AND ALL
ORDERS OVER $1,000.00 USD SHALL
BANK TRANSFER ONLY. ALL INTERNATIONAL CUSTOMERS OR BUYERS ARE TO PAY
VIA BANK TRANFER ONLY. ALL PAYMENT METHODS REQUIRE WRITTEN APPROVAL BY
XCCELERATION.COM LLC.
All orders
placed
with Xcceleration.com llc, either by phone, fax, mail or online
constitutes the acknowledgment and acceptance of all conditions listed
on Xcceleration.com llc. It is the responsibility of the customer (the
buyer) and their installer to verify the application of all parts
before installation, not Xcceleration.com llc. All
Orders Under $1,000.00 USD May Be Paid In Cash, US Postal Money Order
Or Bank Transfer For USA Customers Or Buyers And All Orders Over
$1,000.00 USD Shall Bank Transfer Only. All International Customers Or
Buyers Are To Pay Via Bank Tranfer Only. All Payment Methods Require
Prior Written Approval By Xcceleration.Com llc.
ALL FUNDS MUST CLEAR PRIOR TO ORDER
PROCESSING. We will ship the order to the address the Customer or
Business confirms in writing. You can then include
the delivery address as your billing address on the order form. ALL
INTERNATIONAL ORDERS (OUTSIDE OF THE UNITED STATES) ARE
TO BE PREPAID VIA BANK TO BANK FUNDS TRANSFER DIRECT TO
XCCELERATION.COM LLC ACCOUNT. THERE WILL BE NO EXCEPTION TO OUR PAYMENT
POLICY. The purchaser agrees it is the purchaser's responsibility
to report and remit any sales tax or other taxes owed on their
purchases, not the responsibility of xcceleration.com, llc. The
purchaser releases xcceleration.com, llc from any and all obligation or
liability, in regards to collection or remittance of any sales tax or
other taxes owed by the purchaser. If your Billing address is to a PO
BOX, APO and FPO, these orders have to be PREPAID via Bank to Bank
Funds Tranfer only. We can supply more details upon request. Before
sending any funds; please call, fax, or e-mail Xcceleration.com llc for
total with shipping and handling to your door. Please include payment,
full name, shipping address, contact phone number, full description of
part(s) being ordered; and full description of vehicle. Ex: 1999 Subaru
2.5RS Coupe - manual transmission.
Delivery, Transportation
and Risk of Loss:
The Buyer accepts and agrees Xcceleration.com llc's right to choose the
packing method and The Carrier on behalf of the Buyer, unless the Buyer
and Xcceleration.com llc agree in writing to a specific packing method
or Carrier at time of order placement. The Buyer will hold
Xcceleration.com llc harmless for choosing a packing method or carrier,
whatsoever and Xcceleration.com llc shall have no liability for delays
associated with shipping and delivery. Shipping and additional
associated charges are additional. The Buyer is responsible for all
shipping related costs, including but not limited to, freight charges,
lading charges, customs fees, additional insurance and package
tracking. All delivery dates are estimates only. Buyer is required to
take delivery without limitation. Pursuance of reimbursement and all
filing of claims with the carrier for loss or damage occurring during
shipping is the sole responsibility of the Buyer. Title and risk of
loss shall pass to Buyer, upon placement of Products with a carrier for
shipment to Buyer. Shipment will be made by the method selected by
Xcceleration.com llc in its sole, absolute discretion, unless the Buyer
and Xcceleration.com llc agree in writing to a specific packing method
or Carrier at time of order placement.
Xcceleration.com llc reserves the right to make complete or partial
shipment of Products. Each shipment of Products constitutes a separate
sale, whether the shipment is in whole or partial fulfillment of
Buyer’s order or confirmation of Products. If Buyer defaults on the
Terms set forth in our Terms and Conditions section, Xcceleration.com
llc may, without incurring liability to Buyer, suspend further
shipments under any and or all orders for Products. If Xcceleration.com
llc elects to continue shipments, such continuation will not constitute
a waiver of such default or of Xcceleration.com llc;’s right to
discontinue shipment at a later time, nor will such continuation in any
way limit Xcceleration.com llc’s legal remedies for such default.
Xcceleration.com llc does not inventory any parts. All parts are
subject to availability. Once parts availability has been determined,
order processing and shipping will be arranged. Please make sure
everything is in satisfactory condition upon delivery. Please open your
order immediately upon receipt. Check your invoice for backordered
items. Backorder parts will come in a separate box. Inspect packing
list with the products shipped. If shortages are found, please inspect
box for split, crack or tears. Notify Xcceleration.com llc immediately.
Tracking numbers will not be given under any circumstances! If you
absolutely have to know where your package is; you can call, fax,
e-mail us and we will track your packages for you. If calling, please
have full name, description of parts ordered and call back number
ready. No changing addresses after Courier Service accepts package,
under any circumstances! If we find out that you request an address
change for your shipment, we shall issue a call tag and re-route your
shipment back to Xcceleration.com llc, and cancel your order!!!! This
is deemed fraudulent activity and we must take all necessary
precautions to safeguard our business, and other honest customers.
All USA shipments are sent ground shipping, insured and with "signature
required" on all shipments. All body kits, racing hoods, most racing
seats, and parts of similar excessive dimensions cannot go UPS. They
are too big! We use different freight companies in which service is
approx. 7 - 10 working days cross-country. All packages are sent fully
insured and you must notify us for all tracking information. You must
make claims for damage during shipment to the delivering carrier within
three (3) days. Xcceleration.com llc cannot initiate claims for you.
Please save all original packing materials such as box, box filler,
labeling, tape or claim may not get fulfilled upon request. (This
includes body kit, and racing hood claims too!) After claim is made and
the motions are completed entirely, only exchange of same part that was
originally damaged is acceptable by the manufacturer. Buyer shall pay
shipping fees if product needs to be sent back to factory for
repairing, and Buyer shall also pay all shipping costs on all products
returned for any reason to Xcceleration.com llc. Alternative shipping
is available for other US territories and all outside countries in any
continent on the face of this earth. Not all-shipping rates are readily
available for boat or air to other countries. We can get freight
estimates only if requested and provided you call, e-mail, or fax us
your full name, address, and appropriate postal code(s). UPS is
available worldwide, but is extremely costly as it goes air only and
Body kits, hoods, etc. and other large dimensional parts must go by
freight. Other alternatives for customers outside USA are to contract
you're own shipping company to pick up the freight.
DELIVERY & PASSAGE OF
TITLE/RISK OF LOSS: Delivery,
Passage Of Title And Risk Of Loss To Products Shipped Shall Be “FOB The
Seller’s Shipping Point”. Title And Risk Of Loss Will Pass To The Buyer
Upon Delivery Of The Goods By The Seller To The Carrier Or If Delivered
Directly By The Seller, Upon Delivery To The Buyer.
The
Buyer is responsible for filing any and all claims for loss or damage
of said shipment. In addition, The Buyer authorizes The Seller, as its
representative, to execute and file, on The Buyer's behalf, all
documents The Carrier requests to evaluate a loss or damage shipment
claim, to the best of The Seller’s ability to facilitate said claim.
All loss or damage shipment funds received by Xcceleration.com llc from
The Carrier while representing The Buyer shall be transferred to The
Buyer upon Xcceleration.com llc receiving cleared funds, minus any bank
fees of Xcceleration.com llc. Delivery times are approximate and are
dependent upon prompt receipt by Seller of all material and information
necessary to proceed with the work without interruption. Buyer
acknowledges that many factors can affect the manufacture and/or
delivery of Products, and shall not seek to hold Seller liable or seek
to cancel orders for delays in delivery that are not unreasonable. Any
Refused shipments, sent back, does not constitute a refund or credit.
It is the customer's responsibility to accept all shipments or make
arrangements with the carrier. All refused shipments will be charged
shipping fees to and from Seller’s shipping point, including drop ship
fees, residential fees and address correction fees, if applicable, and
storage fees.
NO REFUNDS WILL BE ISSUED
FOR REFUSED OR ABANDONED SHIPMENTS. REFUSED SHIPMENTS:
Any refused shipments do not constitute the right to a refund or
credit. DAMAGES: We carefully inspect every item before shipping. Thus
all damage claims must be made to the shipping carrier, although we
will assist you as much as we can in the damage claim process, we will
not be responsible for the outcome of the claim. All SALES ARE FINAL.
It is the customer's responsibility to make all arrangements for
shipment acceptance. It is company policy, if the shipment is refused,
the order shall be considered canceled and all monies previously
deposited shall be forfeited to Xcceleration.com llc.
BACK ORDER POLICY:
If an item is not in stock, we will hold a 'Back Order' for you and
ship the item as soon as it becomes available. If Xcceleration.com llc
deems there will be a long delay, we will advise you of that fact. If
you do not wish to wait for back ordered items, we will cancel the
items you requested upon receiving written instructions to do so and
issue a credit minus any fees charged Xcceleration.com llc by
Manufacturers/Distributors/Credit Card Companies/Banks or any other
company necessary to accomplish Buyer's cancellation request prior to
product(s) manufacturer and/or shipment to Xcceleration.com llc. and
Xcceleration.com llc payment for said product(s).
Returns - Defective
Products for Exchange / Replacement only:
There are no direct returns or refunds to/from Xcceleration.
Any returns or refunds are soley based upon
Manufacturers'/Distributors' direct return policys and willingness to
accept said return directly to and by them.
Returns are only to exchange defective products, not for Credits, Store
Credits or Refunds. Authorization to exchange (EXCHANGE AUTHORIZATION
NUMBER - RA.#) any and all defective products must be obtained by the
Buyer from Xcceleration.com llc in advance and must be made within (7)
days of receiving the product. Please write this number clearly on the
outside of the returning package. All returns for replacement must be
received by Xcceleration.com llc within 7 calendar days after the EA.
number has been issued. The Exchange Authorization Number does not
imply an automatic replacement, exchange, but only that we will inspect
the defective merchandise based on your claim. All returned products to
Xcceleration.com llc for exchange / replacement are subject to a
restocking fee ranging from 20%-35% based upon the
manufacturer's/distributor's discretion. Buyer must pay for all
Shipping / Handling fees on any and all returns to Xcceleration.com
llc. All defective products returned must be in the original
manufacturer carton, in the same condition as it was originally
delivered to the Buyer. Only the original Buyer may request for an
exchange of products. All warranty cards and other such items must be
included with the product being returned. Defective items shall be
exchanged for the same item directly from the manufacturer, not
Xcceleration.com llc and only after warranty has been cleared from
original manufacturer will the Buyer receive product back. After
receipt of goods, Xcceleration.com llc shall inspect the goods to
determine the exact quantity and condition of goods received. It is the
responsibility of the customer / installer to verify the correctness of
size and application of the parts before installation. If
Xcceleration.com llc does not accept the goods as returnable /
exchangeable for any reason, Buyer must accept incurred all costs.
Wheels and Tires, which have been mounted or used, are not returnable
under any condition. All Orders are considered Special Orders, Custom
Made Orders, and all Electrical or Mechanical parts are not returnable.
No returns whatsoever will be valid if the damage is caused by customer
abuse, negligence, mishandling and/or poor installation.
PLEASE REMEMBER ALL SALES
ARE FINAL FROM Xcceleration.com llc. ORDER CAREFULLY! There
will be no exceptions to this policy. There are no direct returns or
refunds from Xcceleration.com llc. All returns or refunds are soley
based upon Manufacturers'/Distributors' direct return policies and
their willingness to accept said return directly to and by them.
Credits: Only Store Credits
Only a store credit shall be issued to the Buyer, if the Buyer's credit
request is received in writing prior to product(s) manufacturer,
distributor, and/or agent's shipment to Xcceleration.com llc or
Customer / Buyer directly and said manufacturer, distributor, and/or agent's
billing Xcceleration.com llc for said product(s). Any store credits
issued shall be minus any fees charged Xcceleration.com llc by
Manufacturers/Distributors/Agents/Banks or any
other company necessary to accomplish Buyer's cancellation request. Once the
product(s) have been delivered to the Buyer, only our policy for
'Defective Products for Exchange / Replacement' shall be in effect.
There will be no exceptions to this policy.
Orders / All Orders are
Considered Special Orders: All
orders / special orders are non-cancellable and require a
non-refundable prepayment of 100%
of total costs (including quoted shipping costs) at time of order. Any
cancellation request from the Customer / Buyer must be received in
writing prior
to product(s) manufacturer,
distributor, and/or agent's manufacturering and shipment said order to
Xcceleration.com llc or
Customer / Buyer directly and said manufacturer, distributor, and/or
agent's
billing Xcceleration.com llc for said product(s). Any written
cancellation requests received by Xcceleration.com llc shall soley be
based upon said manufacturer, distributor, and/or agent of the product(s) discretion. Upon acceptance/approval of said Customer / Buyer written cancellation request by the manufacturer,
distributor, and/or agents, any funds received by Xcceleration.com llc from
the manufacturer,
distributor, and/or agents for the Customer / Buyer shall be transferred to the
Customer / Buyer upon Xcceleration.com llc receiving cleared funds, minus any bank
fees of Xcceleration.com llc.
Xcceleration.com
llc shall not be responsible for any late shipments. All shipping dates
given are approximate. Customer / 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 order/special
order item(s) can not be picked up or delivered to the Customer / Buyer and are left over 90 days from time of Xcceleration.com llc
receiving said order in stock and Customer / Buyer has not made any attempt whatsoever
to claim their order, then the order shall be considered canceled and the Customer / Buyer's order
shall be forfeited to Xcceleration.com
llc, therefore, Xcceleration.com llc shall be entitled to dispose of
said order as it sees fit without any/all liability from the Customer /
Buyer for having done so.
Along
with viewing
www.xcceleration.com and any purchases made from Xcceleration.com llc,
all customers / buyers (including resellers) understand and agree to
all terms and conditions, general and specific documented on this page.
PLEASE REMEMBER ALL SALES ARE FINAL FROM
Xcceleration.com llc. ORDER CAREFULLY!
Contingencies:
Xcceleration.com llc attempts to be as accurate as possible and
eliminate errors on this Site. However, we do not warrant that product
descriptions, photographs, pricing or other content of this site is
accurate, complete, reliable, current, or error-free. Xcceleration.com
llc shall not be liable for any failures to produce product to Buyer
when the cause of such failure is the result of the forces of nature,
labor disputes, supplies or materials shortage, acts of local, state,
national, civil, or other authorities or public agencies; utility or
communication failures, accidents, strikes, transportation problems, or
any act or cause that does not normally occur in the ordinary course of
Xcceleration.com llc's business.
Warranty /Liability/Taxes:
DISCLAIMER OF WARRANTIES NOTE: All products are designed for off-road
use, and considered racing parts, as such do not carry any warranty or
guarantee either expressed or implied by Xcceleration.com llc.
Xcceleration.com llc gives no warranties or guarantees, express or
implied, including, but not limited to, the implied warranties or
guarantees of merchantability, condition of parts and fitness for a
particular purpose or performance gains. Xcceleration.com llc will not
be held liable for any damages or labor, whatsoever, which are incurred
directly or indirectly on the vehicles or operators or passengers of
the vehicle. Prices are for "after the sale" accessories.
Xcceleration.com llc attempts to be as accurate as possible and
eliminate errors on this Site. However, we do not warrant that product
descriptions, photographs, pricing or other content of this site is
accurate, complete, reliable, current, or error-free. Xcceleration.com
llc's sole warranty for any and all products sold is set forth in the
warranty documentation associated with the product from the
Manufacturer. If a warranty or guarantee is available from the
manufacturer, all warranty claims are the responsibility of the
Customer / Buyer to pursue directly with the manufacturer of the
product, not Xcceleration.com llc. No warranty or guarantee whatsoever
will be valid if the damage is caused by customer abuse, negligence,
mishandling and/or poor installation. All performance parts have been
designed and are intended for off highway application only. By
purchasing performance parts from this site, the Buyer confirms the
parts are for off-road use only. Installation of these parts on a
vehicle intended for use on public roads may violate state or federal
laws and regulations including those relating to emissions requirements
and motor vehicle safety standards. Federal and many state laws
prohibit the removal, modification or rendering inoperative of any part
or vehicle system affecting emissions or safety. Violations may result
in a fine of up to $10,000 per vehicle. In addition, installation may
void warranty coverage of your vehicle. Buyer confirms that all
purchases will be for off-road use only and indemnifies
Xcceleration.com llc from all actions, whatsoever. All product prices,
availability and shipping costs are subject to change without notice.
Shipping costs are calculated and billed at time of shipping. Buyer
Understands and Agrees Xcceleration.com llc Provides Information and
Parts "As Is" And Make No Warranty or Guarantee Of Any Kind. We
Disclaim All Warranties, Guarantees And Conditions With Regard To
Information Posted On This Website and All Parts Sold, Including All
Implied Warranties or Guarantees And Conditions Of Merchantability,
Condition Of Parts, Fitness For A Particular Purpose, Performance
Gains, Title And Non-Infringement. Buyer Understands And Agrees
Xcceleration.com llc Is Not Liable For Any Special, Indirect Or
Consequential Damages Or Any Damages Whatsoever, Whether In An Action
Of Contract, Negligence Or Other Tortuous Action Or Action By Any State
Or Federal Agency, Arising Out Of Or In Connection With Information
Available From This Web Site Or The Purchase, Use and Installation Of
Any Parts Purchased From Xcceleration.com llc. All Performance Parts
for Subarus come with the following Disclaimer of Warranties and
Important Notice and by law may not be installed by Subaru dealers or
anyone else other than the end user. Warning!!! Racing Is A Hazardous
Sport. No Warranty Is Made Or Implied Regarding Any Product
Manufactured Or Sold By Xcceleration.com llc To Protect Users From
Injury Or Death. User Assumes All Risks. Any modifications to your car
are AT YOUR OWN RISK! The Customer / Buyer will indemnify and hold
Xcceleration.com llc harmless from all liabilities whatsoever from
damages incurred as a result of any part purchase or work performed on
Customer / Buyer's car. You should consult the owner's manual and
service manual. You should also contact your car's manufacturer to
determine what effects modifications may have on your safety, warranty,
performance, etc. Please also contact your local authorities to
determine whether your intended modifications will make your car
illegal to drive in normal traffic. Xcceleration.com llc will not be
held responsible for any legal problems resulting from any performance
related item sold through this website. Purchase and receipt of
performance enhancing items acknowledges that you the customer assume
all liability and risk out of the use of high performance products.
There is no warranty or guarantee, expressed or implied, for any parts,
performance gains or work whatsoever. You the customer release
Xcceleration.com llc of all responsibility for legal issues resulting
from warranties, guarantees, use, abuse, negligence or misuse thereof!
TAXES: The Buyer
agrees it is the Buyer's responsibility to report and remit any sales
tax or other taxes owed on their purchases, not the responsibility of
Xcceleration.com, llc. The purchaser releases Xcceleration.com, llc
from any and all obligation or liability, in regards to collection or
remittance of any sales tax or other taxes owed by the purchaser. The
purchaser agrees it is the purchaser's responsibility to report and
remit any sales tax or other taxes owed on their purchases, not the
responsibility of Xcceleration.com, llc. The purchaser releases
Xcceleration.com, llc from any and all obligation or liability, in
regards to collection or remittance of any sales tax or other taxes
owed by the purchaser. Where
Xcceleration.com llc Is Required By Law To Collect Sales Tax, It Will
And Does Not Remove Purchaser's Responsibility To Report And Remit Any
Sales Tax Or Other Taxes Or Deficiencies Owed On Their Purchase.
LEGAL VENUE:
In the event that legal proceedings are required to resolve disputes or
indifference, all claims and filings must be made with the Superior
Court, Judicial District of Hartford, Hartford, Connecticut.
Xcceleration.com llc' customers will acknowledge and agree to this
stipulation once a transaction has been made with Xcceleration.com llc.
Xcceleration.com llc owns the copyright to information, images, and
other content located on this site. We authorize NO retransmission in
any form other than upon express written permission from us. The law
expressly prohibits other usage, which could result in civil or
criminal penalties. We intend to prosecute violators to the maximum
extent possible.
Laws other than copyright law protect certain parts of the site. Trade
dress, trademark, unfair competition, and other laws protect the design
and layout of Xcceleration.com llc. You may not copy or retransmit
logos, graphics, sounds, or images from Xcceleration.com llc unless we
expressly permit it in writing. ANY HTML LINKS FOUND ON OUR WEB SITE
MAY LEAD TO OTHER WEBSITES NOT UNDER OUR CONTROL. WE BEAR NO
RESPONSIBILITY FOR CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN
A LINKED SITE, OR ANY CHANGES OR UPDATES TO THEM. WE PROVIDE THESE
LINKS ONLY AS A CONVENIENCE. WE DO NOT NECESSARILY ENDORSE THESE SITES.
Every effort has been made to avoid typing errors in our application
lists and pricing lists. Xcceleration.com llc is not responsible for
any pricing, application errors or availability of products.
Performance Products:
Xcceleration.com llc does engage in selling aftermarket items and the
Buyer does understand the ramifications for having these performance or
aftermarket parts on a vehicle. Xcceleration.com llc is not held
responsible for any misconception or disappointments associated with
any of these parts. All engine, exhaust, performance and modification parts are legal in all 50 States for
off-highway use only.
PLEASE REMEMBER ALL SALES ARE FINAL
FROM Xcceleration.com llc. ORDER CAREFULLY!
Installation Requests:
If the Buyer has asked Xcceleration.com, llc to arrange for certain
after-market parts to be built or installed or modified or fabricated
through its strategic partners, then the Customer does understand the
ramifications of having these modifications or performance after-market
parts on their vehicle. Xcceleration.com, llc and its strategic
partners are not held responsible for any liability; misconception or
disappointments associated with any of the Customer supplied parts and
requests. Therefore, Xcceleration.com, llc and its strategic partners
accepts no liability or makes no warranties, either expressed or
implied, as to any matter whatsoever including without limitation, the
condition of the Buyer’s vehicle or the parts supplied by the Buyer or
the fitness for any particular purpose. The Buyer shall indemnify
Xcceleration.com, llc and its strategic partners against, and hold
harmless from any and all claims, actions, suits, proceedings, costs,
expenses, damages, and liabilities, including attorney's fees, arising
out of, connected with or resulting from, without limitation, service,
manufacture, selection, delivery, possession, use, or operation of
customer’s vehicle. It is further understood and agreed, only
Xcceleration.com, llc supplied parts shall be used by its strategic
partners, for the Buyer’s requests. All strategic partner invoicing
shall reflect their own strategic partner billing, as the direct
billing agent, not Xcceleration.com llc. Any subsequent requests for
work shall be directed to Xcceleration.com, llc specifically, not its
strategic partners.
IMPORTANT NOTE FOR ALL
SHIPMENTS:
When your order is shipped, you must inspect the goods at the time of
delivery before signing the bill of lading. If driver does not allow
inspection of the goods, Mark Bill of Lading "Possible Concealed
Damage!" - Delivery company will not accept any claim if bill of lading
is signed without reference to potential claim. Please remember, Delivery,
passage of title and risk of loss to products shipped shall
be “FOB The Seller’s shipping point”. Title and risk of loss will pass
to The Buyer upon delivery of the goods by The Seller to The Carrier or
if delivered directly by The Seller, upon delivery to The Buyer. The
Buyer is responsible for filing any and all claims for loss or damage
of said shipment. In addition, The Buyer authorizes The Seller, as its
representative, to execute and file, on The Buyer's behalf, all
documents The Carrier requests to evaluate a loss or damage shipment
claim, to the best of The Seller’s ability to facilitate said claim.
All loss or damage shipment funds received by Xcceleration.com llc from
The Carrier while representing The Buyer shall be transferred to The
Buyer upon Xcceleration.com llc receiving cleared funds, minus any bank
fees of Xcceleration.com llc.
Final Note:
Due to the fact that these are competition parts we all love and want
to use, high stress is put on everyday driven factory vehicles and race
vehicles. We hope you understand that we do not claim any competition
part(s) to be street legal, smog legal, emission free, or worry free as
some manufacturer's claim their product to be. We wish all customers of
Xcceleration.com llc to conform to their local, state, and federal laws
and all peace officers in the field.
Please do not drink alcohol and drive, obey
all traffic laws in your jurisdiction
and most importantly be responsible!
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