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Roll
Cage Components, LLC (“Roll Cage”) manufactures
automotive parts, equipment, and inventory (a
“Part” or “Parts”) that are
sometimes purchased by persons active in automotive racing and may be
installed on automotive race cars and other high performance
vehicles. A Purchaser of any Part from Roll Cage is referred
to herein as a “Purchaser.” Purchaser
understands, recognizes, and acknowledges that all Parts manufactured
or sold by Roll Cage are exposed to many, varied, and unforeseeable
uses and conditions when installed and used in racing applications, and
that as a consequence, Roll Cage can make no promise, warranty,
affirmation or representation as to the future performance of any Parts
under racing conditions.
Roll
Cage warrants to Purchaser that a Part manufactured by Roll Cage will
conform to the description (which may include pictures and/or words) of
such Part contained in any catalog and/or website provided by Roll Cage
which is current at the time of sale of such Part to Purchaser (the
“Description”). If a Part is modified from
the Description by Roll Cage at Purchaser's request, Roll Cage warrants
to Purchaser that the Part will conform to the modified Description
agreed upon by Roll Cage and Purchaser in writing. ROLL CAGE MAKES NO
OTHER WARRANTY, EITHER EXPRESS OR IMPLIED. ROLL CAGE EXPRESSLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
USE OR PURPOSE AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO PERFORMANCE
OF ANY PART.
The
liability of Roll Cage for breach of the foregoing warranty is limited
to repair or replacement of any Part determined to fail to conform to
its Description prior to installation and use. The burden of
establishing that a Part fails to conform to its Description shall be
upon Purchaser. In order to be entitled to repair or
replacement of a Part, Purchaser must (i) inspect the Part upon
receipt; and (ii) notify Roll Cage in writing of the defect
PRIOR TO INSTALLATION OF THE PART. In no event shall Roll Cage
be liable hereunder for any Part which has been
installed. Purchaser assumes all risk relating to a Part once
such Part is installed. ROLL CAGE SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OR FOR LOSS OR DAMAGE
DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF A PART.
Every
claim under this Limited Warranty shall be deemed waived unless made in
writing within ninety (90) days of delivery of the Part by Roll Cage to
Purchaser.
Purchaser
acknowledges that, due to the multiple uses of Parts, it is impossible
for Roll Cage to predict the performance of Parts once installed or the
suitability of Parts for any particular use.
Purchaser
expressly acknowledges Purchaser's obligation to factually inform all
users (customers) of the above disclaimer.
INDEMNITY
AGAINST THIRD PARTY CLAIMS
PURCHASER HEREBY AGREES TO INDEMNIFY ROLL CAGE AND HOLD HARMLESS ROLL
CAGE FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSS AND DAMAGES,
INCLUDING ATTORNEYS FEES, MADE BY ANY THIRD PARTY AGAINST ROLL CAGE
RELATING TO A PART OR THE USE OF ANY PART.
Purchaser
understands and agrees that no officer, director, member, manager,
employee or salesman of Roll Cage or any vendor, dealer, or distributor
has any authority to make any statements contrary to the terms of this
Limited Warranty. On the contrary, Roll Cage disavows any
statements contrary to what is above written. If any provision hereof
should be deemed contrary to, prohibited by or invalid under any
applicable law(s) and/or regulation(s), it shall be inapplicable and
deemed omitted here from, but shall not invalidate the remaining
provisions hereof.
Purchaser
expressly warrants that all payment information provided by Purchaser
to Roll Cage is true & correct.
Ordering
:
Our sales staff is available Monday-Friday 8:00 am – 5:00 pm.
Fax is available 24 hours a day, 7 days a week. Please the
state part number available on our website, price sheet and catalog,
full description of items and quantity. Give your name, billing and
shipping address and phone number and method of payment. If incorrect
address information is given, an address correction fee may be charged.
We will not be responsible for errors in parts ordered by description
only.
Special Orders :
Special orders are those items that are not manufactured by Roll Cage
Components, but are instead purchased from a third party manufacturer
and resold by Roll Cage Components (“Special
Orders”). If any Special Orders are required, please contact
us by phone when placing the order. All Special Orders must be pre-paid
before shipping. NO RETURNS to Roll Cage Components on Special Orders.
The warranty provided by Roll Cage Components for its manufactured
products does not apply to Special Orders. ROLL CAGE COMPONENTS MAKES
NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ANY SPECIAL
ORDERS. ROLL CAGE COMPONENTS EXPRESSLY DISCLAIMS ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE AND
EXPRESSLY DISCLAIMS ANY WARRANTY AS TO PERFORMANCE OF ANY SPECIAL
ORDERS. ALL SPECIAL ORDERS ARE SOLD “AS-IS,
WHERE-IS.” Roll Cage Components will assign to the purchaser,
and the purchaser shall have the benefit of, any and all warranties
and/or service agreements, if any, provided by the third party
manufacturer with respect to Special Orders, to the extent that such
are assignable; provided, however, that purchaser's sole remedy for the
breach of any such warranty or service agreement will be against the
third party manufacturer, and not against Roll Cage Components, nor
shall any such breach have any effect whatsoever on the rights and
obligations of Roll Cage Components or purchaser to each other in
connection with any Special Orders
Terms
and Method of Payment :
We
accept all major credit cards for payments. Roll cages will not be sent
C.O.D. Payments sent in advance such as money orders, certified or
personal checks will delay your order a minimum of ten (10) business
days until it has cleared our bank. All C.O.D. shipments must be paid
by money order or certified check. If a C.O.D. delivery is refused we
will require full prepayment on all future orders and reimbursement for
freight charges on past refused shipment. Other payment types must be
approved by Roll Cage Components. Returned checks for insufficient
funds are subject to a $40.00 fee.
Returns
:
All returns must be authorized and accompanied by a copy of the
original invoice. Returns must be shipped Pre-paid; no C.O.D. returns
will be accepted. New parts returned for credit are subject to a 20%
restocking fee. Freight charges from the original purchase are
non-refundable. No other orders will be delivered until charges are
paid. No returns past 30 days, except as otherwise provided in Roll
Cage Components' Disclaimers/Warranty, attached hereto and incorporated
herein by this reference. No returns on used items or Special Orders.
Customers who refuse shipments when delivery is attempted will be
responsible for all freight charges upon return to Roll Cage Components
before any credit is given. You will be billed a 20% restocking fee (
No Exceptions ).
Shipping
:
We
ship FedEx and Truck Lines. Deliveries shipped to a residential address
by Fed-Ex and Truck Lines are subject to extra freight charges. Roll
Cage Components no longer has title to products once they leave our
facility. It is your responsibility to check shipment for any problems
once it arrives. All freight charges can be added to purchase or sent
freight collect at time of delivery. Roll cages have a $7.00 handling
charge.
Disclaimer of Warranty :
All
sales are governed by the terms of Roll Cage Components'
Disclaimers/Warranty, attached hereto and incorporated herein by this
reference. PLEASE REVIEW THESE TERMS CAREFULLY, AS THEY CONTAIN
LIMITATIONS AND DISCLAIMERS THAT AFFECT YOUR RIGHTS.
Pricing
:
Roll
Cage Components reserves the right to change the pricing at any time
without notice. We cannot accept responsibility for errors in content
or pricing.
Drop
Shipments :
Drop
Shipments are subject to a $7.00 fee.
©2009
Roll Cage Components LLC.
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