Conditions of Use
SALES TERMS AND CONDITIONS
For good and valuable consideration, the receipt and adequacy of which are acknowledged, Customer, as identified on the front of this Sale, and Racecraft, Inc. (“Racecraft”), agree that the following terms and conditions (the “Terms”) apply to the proposed sale of goods described in the Sales Terms.
1. Goods Defined. Racecraft will provide to Customer the goods described in the Sale subject to these Terms. These Terms shall be continuing and shall incorporate any other future Sale provided by Racecraft to Customer unless otherwise stated by Racecraft in writing.
2. Fees, Payments and Interest. Customer will compensate Racecraft for the goods provided pursuant to the Sale, in the amounts invoiced to Customer by Racecraft (the “Payment”). Product must be paid in full, including shipping charges prior to product leaving vendor.
3. Returns and Exchanges. No returns will be accepted after 30 days from the date of the invoice, 45 days for international orders. Racecraft will only accept returns on parts that have not been modified; comes in its original package; and appear like new, resaleable condition. Returns are subject but not limited to a 20% restocking fee. The percentage will be at the discretion of Racecraft at time of receipt. Not all returns will be accepted and may be returned to customer if product does not meet criteria for return. Prior to returning any part, the customer MUST call to obtain an RMA number. No returns will be allowed without prior authorization (RMA). The RMA must be clearly visible on three sides of the returned goods. ANY AND ALL SHIPPING CHARGES ARE TO BE PREPAID BY THE CUSTOMER. No COD’s will be accepted on returns. There will be no returns allowed on special order items; included but not limited to, housings, fiberglass/ carbon fiber, chassis, welded frames, and any part that that is made to order per customer specifications.
4. Cancellations. Racecraft Inc processes and ships in-stock orders within 1-2 business days. Orders cannot be cancelled once they are processed and shipped out. There will be NO cancellation of special order items allowed. This includes but not limited to; fiberglass, carbon fiber composites, custom fabricated components, or any type of special request item ordered from Racecraft or another vendor.
5. Acts Outside of Racecraft’s Control. Racecraft shall not be responsible for delays or failure of delivery resulting from causes or conditions beyond the control of Racecraft including, but not limited to: disputes, fires, floods or other casualties, public disturbances, government regulations, transportation delays, or material shortages. Racecraft shall not be responsible for loss or damage of goods in transit.
6. Shipping. All, in-stock (excluding “custom built” products) orders will be processed within 48 hours of paid order; excluding weekends and holidays. Shipping charges are based on standard UPS rates, which are set according to size, weight, and distance shipped. Freight claims are to be made immediately with Racecraft. Customer does reserve the right to refuse any package that shows signs of damage. This must be noted when making a claim along with pictures of damage. Express shipping (Next Day, 2nd day) shipments will be given priority and will usually ship within 24 hours excluding weekends, holidays, or any other conditions outside of the control of Racecraft.
7. Shortages. Every effort is made to ensure that all necessary hardware is packaged and complete. However, in some cases, a component may be shorted. It is the responsibility of the purchaser to verify all products and inspect for any shortages against the packing list that is provided with each sale. All shortage claims must be made within 72 hours of receipt or the claim will not be honored.
8. RACECRAFT HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, NEITHER PARTY’S LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATED TO THE QUOTE OR THESE TERMS SHALL EXCEED THE TOTAL PAYMENT TO BE PAID BY CUSTOMER TO RACECRAFT. NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS, LOST PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF LEGAL THEORY. CUSTOMER AGREES TO INDEMNIFY AND HOLD RACECRAFT HARMLESS FROM ALL CLAIMS BY THIRD PARTIES WHICH ETEND BEYOND THE FOREGOING LIMITATIONS ON RACECRAFT’S LIABILITY.
9. Entire Agreement/Modification/Construction. The Sale and these Terms provided by Racecraft to Customer, along with any associated invoices (collectively the “Racecraft Agreement”), constitutes the only contract and understanding between the parties. To the extent there is any conflict or inconsistency between any correspondence and the Racecraft Agreement, the Racecraft Agreement shall control and govern. ORAL STATEMENTS MADE BY SELLER’S EMPLOYEES OR AGENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by Customer and are not a part of the Racecraft Agreement. No amendments, changes, extensions or modifications to the Racecraft Agreement shall be valid except if in writing and signed by the parties.
10. Costs and Attorney Fees. Customer agrees to pay all costs, including reasonable attorney fees, at any time paid or incurred by Racecraft in connection with the collection of any amounts due or enforcement of any other rights of Racecraft under the Racecraft Agreement.
11. Application. All payments shall be applied first to any accrued interest and then to the principal balance owed by Customer. Acceptance by Racecraft of payment of less than the total amount due shall not operate as a waiver by Racecraft of the remainder of the total amount due.
12. Choice of law and Venue. This Agreement shall be construed and interpreted under and in accordance with the substantive laws of the State of Minnesota. The Blue Earth County District Court in Blue Earth County, Minnesota, shall have exclusive personal and subject matter jurisdiction over, and all of the parties submit to the venue of this court with respect to, any dispute arising out of the Racecraft Agreement.
13. Severability. In the event that any provision contained herein, or in the Racecraft Agreement as a whole, is held to be invalid or unenforceable, all other provisions of the Racecraft Agreement, including these Terms, shall be deemed severable and shall remain enforceable to the full extent permitted by law.
14. No Waivers. No delay or omission on the part of Racecraft in exercising any right under the Racecraft Agreement shall operate as a waiver of such right or of any other remedy. A waiver on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on a future occasion.
15. Waiver of Presentment. Customer waives presentment for payment, protest and notice of non-payment.
16. Time of the Essence. Time is of the essence in the performance of Customer’s obligations under the Racecraft Agreement.
17. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties and shall not be interpreted, construed, or enforced for the benefit of any third parties.