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Terms & Conditions

 
 

TERMS AND CONDITIONS

QUOTATIONS ARE GIVEN AND ORDERS FOR WORK
AND SERVICES ARE ACCEPTED SUBJECT ONLY TO THE FOLLOWING TERMS AND CONDITIONS

 

1.      General. These Terms and Conditions take precedence over Buyer’s (or “you” or “your”) additional or different terms and conditions, to which notice of objection is hereby given. Acceptance by Buyer is limited to these Terms and Conditions. Neither the commencement of performance nor delivery by Thumper Racing LLC (“TR”) shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions.

 

2.      Quotations. Unless previously withdrawn, a quotation from TR is only open for acceptance within the period stated therein, or when no period is so stated for 14 days after its date. Oral quotations are for guidance only and are not binding upon TR. TR may require Buyer to submit drawings and specifications, as well as sample components, when requesting a quotation from TR for certain items.

 

3.      Acceptance. Notwithstanding TR’s receipt from Buyer of an order or an acceptance of our quotation, such order or acceptance shall not be binding upon TR until confirmed by TR’s acknowledgment of order form incorporating these Terms and Conditions.

 

4.      Advertising Matter. Specifications, descriptions and illustrations contained in TR’s website, brochures or other advertisement matter are intended to give only a general idea of the goods, work or services concerned and do not form part of the Contract.

 

5.      Delivery. TR shall make all reasonable efforts to meet any shipment or delivery date(s) quoted or acknowledged. However, any times quoted for shipment or delivery are estimates only and TR shall not be liable to Buyer for TR’s failure to ship or deliver within such time. Such shipment and delivery dates begin shall, in all cases, date from receipt by us of your written order together with your delivery to TR of all necessary information to enable TR to perform the order. The time for shipment or delivery shall be extended by a reasonable period if delay in shipment or delivery is caused by instructions or lack of instructions from you or by a strike or by any cause beyond our reasonable control. Any shipment dates given in our quotation or our acknowledgment of order are subject to confirmation upon receipt from you of a definite date for receipt of goods into our facility for processing.

 

6.      Payment. (a) Unless otherwise agreed to in writing by TR, all prices quoted are exclusive of all taxes (except taxes levied against TR’s income) including state and local use, sales, property (ad valorem) and similar taxes. Buyer agrees to pay such taxes unless Buyer has provided TR with an exemption resale certificate in the appropriate form for the jurisdiction of Buyer’s place of business and any jurisdiction to which equipment is to be directly shipped hereunder or unless such sale is otherwise exempt from such taxes. Payment for the goods shall be due - together with the cost (if any) of shipping, packing and any special tests, certification and any other specific requirements not included in the price prior to the shipment of goods - on or before the day of shipment of the goods or of notification that the goods are ready for collection where terms are F.O.B. TR plant; (b) interest at the rate of 1% per month and proportionately for part of a month shall accrue on all overdue payments. 

 

7.      Prices. If there is an increase in TR’s costs (i) for wages, material, fuel, gas, electricity, insurance, transportation or other similar items; or (ii) for complying with such laws, orders and regulations as are applicable, directly or indirectly, to the work TR is performing for Buyer, and such increased costs applies to or affects TR’s ability to perform its obligations under the Contract, then TR may give notice to Buyer of such increase and TR may increase the contract price to such amount as is stated. Any increased price shall be payable from the date of the notice as if such price was the original contract price, and a price so increased may from time to time subsequently be further increased in similar manner provided however that if within 2 days after receipt of any such notice Buyer gives notice in writing to TR to cancel the balance of the Contract. In such case, TR shall be entitled to complete and charge Buyer for any work in progress for Buyer when such work in progress has begun at or before the time when TR received actual notice from Buyer of such cancellation. Such work shall be completed at the price prevailing immediately prior to the date when TR’s notice of increase was given.

 

8.      Lien. For so long as any account of Buyer remains unpaid, TR shall have an absolute right of lien upon any of Buyer’s goods that may be in TR’s possession or under TR’s control. TR may enforce such lien, without notice (other than the notice contained in this section 8) when any amount owed by Buyer to TR is three months or more overdue.

 

9.       Returns and Refunds. No returns will be accepted without prior authuoization. You must call for an RMA number before shipping any product or part back.  ALL returns will be subject to a 20% restocking fee. There are no refunds given on shipping charges.  All products returned for credit are returned to TR at the Buyers expense.  No refunds or return of custom or special order parts.

 

10.      Standards. (a) Unless otherwise agreed to in writing between Buyer and TR, the quality and finish of the work performed by TR for Buyer shall comply with the generally recognized standards in the trade for the class of work, type, quality and finish of the product concerned.

(b) TR is not liable for a failure to meet the standards referred to in paragraph (a) of this section unless a written claim is made within 14 days following delivery of the goods stating the alleged defect and such written claim is accompanied by a reasonable number of articles exhibiting the claimed defect or defects. Following notice of such claim, TR shall be given the opportunity to remedy any such defect or defects. TR’s liability hereunder (if any) shall in all cases be further limited in accordance with the provisions of sections 14 and 20 hereof.

 

11.     Tests. TR’s products and work are carefully inspected and, where applicable, submitted to standard tests before shipment. In such cases where Buyer has requested special tests, Buyer will be billed for those tests. In the case of destructive tests (such as those for hardness and adhesion) these tests will not be carried out unless TR is specifically instructed to do so in identified batches. In such cases, the provision of suitable test pieces will be Buyer’s responsibility unless otherwise agreed by TR.

 

12.     Performance. TR is not responsible and will accept no liability for failure to attain any performance figures quoted by TR unless TR has specifically guaranteed them in the Contract. If the performance results for any test provided for in the Contract are outside the acceptance limits specified therein, Buyer will be entitled to reject the goods, but before rejecting the goods Buyer agrees to give TR reasonable time and opportunity to rectify the performance problem. Buyer assumes responsibility that the processes and test ordered by Buyer are sufficient and suitable for Buyer’s requirements except insofar as such processes and tests are based on TR’s advice.

 

13.     Matching. TR shall be under no obligation to ensure that any goods or components or parts are an exact match or that one batch exactly matches another, whether the color or finish are defined by reference to a sample or by description. Where a color or finish is specified in the Contract by reference to a sample or description, you shall accept as complying with the Contract all parts which are a commercial match with the sample or correspond with the description as the case may be and a commercial match with each other in accordance with the standard generally recognized in the trade. TR shall be under no liability for any failure to provide a commercial match if failure is due wholly or partly to differences in the materials from which the respective goods, components or parts are made or to any process or treatment to which the same have previously been submitted.

 

14.     Defects. TR is not responsible for any defect appearing in any goods, components or parts (including failure to provide color matching between different batches) at any time which is due or partly due to the material of which the same is made, its design or method of manufacture, or any process or treatment applied thereto by any person other than TR. TR will repair or replace, in its sole discretion, any defect in any product which is the subject of this Contract when such defect appears within three months after TR ships such product to Buyer or within the first half of the average working life of said product, whichever period is shorter. However, TR will only undertake such repair or replacement when a defect is due to TR’s faulty materials, workmanship or design (this does not include faulty materials or workmanship or design when such are provided by or specified by Buyer) and there has been no maltreatment of the product and provided further that Buyer has notified TR in writing immediately after such defects appear and the defective parts are returned to TR for inspection. EXCEPT AS PROVIDED IN THIS SECTION 13, TR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TR EXCLUDES ALL IMPLIED WARRANTIES INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. TR HEREBY EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. THE FOREGOING EXPRESS WARRANTY IS THE ONLY WARRANTY OF ANY KIND FOR THE PRODUCTS WHICH ARE THE SUBJECT OF THIS CONTRACT.

 

15.     Export Contracts. In the case of goods or work for export TR will give Buyer reasonable opportunity to inspect and test the same at TR’s plant before shipment and TR shall not be liable for any defects whatsoever or howsoever arising after such an opportunity has been given and the goods have been shipped.

 

16.     Extras. The prices given in TR’s acknowledgement of order are only for such work and services as are specified therein. The extra cost of any work performed by TR that is not specifically provided for therein shall be added to the Contract price and paid for accordingly and all such work shall be carried out subject to these Terms and Conditions.

 

17.     Loss or Damage in Transit. TR is not responsible for any loss or damage in that occurs during shipping unless such loss or damage is due to the negligence of TR, its representatives or agents and then only if notice in writing of such loss or damage is received by TR within 3 days after delivery.

18.     Packaging. Items shipped to us for processing should be suitably packed with regard, among other things, to their manufacturing tolerances, quality and the inherent value of the items in question. TR assumes that Buyer is expert in the preparation of Buyer’s goods for shipment. TR will use the same packing used by Buyer, where practical, and will pack the items to at least as high of a standard for return to Buyer. Any additional packing requirements, whether required by Buyer, or deemed necessary by TR to protect the work, will be charged to Buyer.

 

19.     Barrel Plating and Bulk Processing. Quotations for barrel plating work and other bulk processing of small parts are given and contracts for such work accepted, subject to the customary trade allowance for wastage of 5%. Such work will generally be charged for and checked by weight or quantity only as appropriate.

 

20.     Limitation of Liability. THE REMEDIES PROVIDED HEREIN ARE BUYER’S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL TR BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO BUYER’S USE OF THE PRODUCTS EVEN IF TR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TR BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. TR DOES NOT AGREE TO INDEMNIFY BUYER IN ANY WAY AGAINST ANY OTHER CLAIMS OR SUITS.

 

21.     Confidential Information. All specification, drawings, technical descriptions and details of processes (hereinafter called “information”) submitted with TR’s quotation or supplied to Buyer pursuant to the Contract are supplied in confidence. Buyer shall keep the information confidential and shall not disclose the same to any third party without TR’s prior written consent and shall use the same only for the purposes of the Contract. Nothing in this section shall prevent TR from undertaking or offering to undertake for third parties any work or services similar to or designed to achieve the same results as the work or services provided under this Contract.

 

22.     Arbitration. In the event of any dispute, controversy or claim arising out of or relating in any way to this Agreement or the breach hereof, the parties to this Agreement shall first use their best efforts to settle the dispute, controversy or claim amicably between or among themselves. If, after the parties make their best efforts to settle the dispute amicably among themselves, they are unable to do so, such dispute, controversy or claim shall be finally settled by Arbitration in Los Angeles County, California, pursuant to the rules of Conciliation and Arbitration of the International Chamber of Commerce. Judgment on any award may be entered in any court having jurisdiction.

 

 

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