Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM INVOICE OR OTHER TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and Conditions of Sale
These Terms and Conditions of Sale constitute a binding contract between Customer and Temecula Motorsports (dba) TMSPARTS.com. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Temeculamotorsports.com Website (the "Site"). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These Terms and Conditions of Sale constitute the entire agreement between Customer and TEMECULA MOTORSPORTS (dba) TMSPARTS.com relating to the Terms and Conditions of Sale of products on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in TEMECULA MOTORSPORTS (dba) TMSPARTS.com invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, "Customer" means the person or entity that purchases, places an order or otherwise shops at TEMECULA MOTORSPORTS (dba) TMSPARTS.com website.
Choice of Law and Forum
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer's use of this site shall be filed only in the state or federal courts located in the State of California, and Customer further agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Shipments; Risk of Loss
When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to Customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. TEMECULA MOTORSPORTS (dba) TMSPARTS.com retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under the Export Administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the United States by TEMECULA MOTORSPORTS (dba) TMSPARTS.com were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that TEMECULA MOTORSPORTS (dba) TMSPARTS.com is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Temecula Motorsports. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Temecula Motorsports. TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF TEMECULA MOTORSPORTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Limitation of Liability
IN NO EVENT WILL TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TEMECULA MOTORSPORTSLIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER TEMECULA MOTORSPORTS (DBA) TMSPARTS.COM NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
TEMECULA MOTORSPORTS (dba) TMSPARTS.com will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Motorcycles can be dangerous. TEMECULA MOTORSPORTS (dba) TMSPARTS.com has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part.
Customer agrees to defend, indemnify, and hold harmless TEMECULA MOTORSPORTS (dba) TMSPARTS.com and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on TEMECULA MOTORSPORTS (dba) TMSPARTS.com website. TEMECULA MOTORSPORTS (dba) TMSPARTS.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with TEMECULA MOTORSPORTS (dba) TMSPARTS.com in asserting any available defenses.
Pricing Information; Availability Disclaimer
All pricing is subject to change. TEMECULA MOTORSPORTS (dba) TMSPARTS.com reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, TEMECULA MOTORSPORTS (dba) TMSPARTS.com cannot guarantee that it will be able to fulfill Customer's orders.
Accounts and Passwords
Customer is responsible for maintaining the confidentiality of Customer's account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer's account or password.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon TEMECULA MOTORSPORTS (dba) TMSPARTS.com until accepted by Temecula Motorsports (dba) TMSPARTS.com. TEMECULA MOTORSPORTS (dba) TMSPARTS.com reserves the right to refuse service to anyone. Terms of payment are within TEMECULA MOTORSPORTS (dba) TMSPARTS.com sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. TEMECULA MOTORSPORTS (dba) TMSPARTS.com may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold TEMECULA MOTORSPORTS (dba) TMSPARTS.com harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of TEMECULA MOTORSPORTS (dba) TMSPARTS.com costs of collection, including court costs, filing fees and attorney's fees.
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with TEMECULA MOTORSPORTS (dba) TMSPARTS.com policy on returns and exchanges.