AS&M CONSUMER TERMS AND CONDITIONS OF SALE
1. GOVERNING PROVISIONS.
All sales of components, parts and other goods (the “Products”) by Arizona Speed & Marine, (“AS&M”) to consumers are made subject to these AS&M Consumer Terms and Conditions of Sale. No additional or different terms shall apply. If you do not agree to all of these Terms and Conditions of Sale, do not order any Products. Your placing of an order for Products from AS&M will confirm that you agree to be bound by all of these AS&M Consumer Terms and Conditions of Sale.
2. LIMITED WARRANTY.
AS&M warrants to the original consumer purchaser of each Product for a period of thirty (30) days from the date you purchased the Product that the Product will be free from defects in materials and workmanship. This limited warranty shall not apply to defects caused by misuse, abuse, misapplication or accident after you received the Product. AS&M’s entire liability and your exclusive remedy under this limited warranty in the event of a breach during the warranty period will be for AS&M to either repair or replace (at AS&M’s option and expense) the defective Product, provided you return the defective Product to AS&M at your expense.
To make a claim under this limited warranty, please telephone us at (480) 753-0208 or write to us at the following address: AS&M Technical Support Dept., 6313 W. Commonwealth Ave., Chandler AZ 85226, for assistance from AS&M’s technical support department within thirty (30) days after your purchase. In the event that our technical support department determines that further assistance is required, they will give you a Return Goods Authorization (“RGA”) number. You must then return the defective Product via mail, postage prepaid and with the package clearly marked with the RGA number, together with a receipt showing the date of your purchase, to the following address: AS&M Technical Support Dept., 6313 W. Commonwealth Ave., Chandler AZ, 85226. We will process your return and send your repaired or replacement Product to you at AS&M’s expense.
THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IN NO EVENT SHALL ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXTEND BEYOND THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
3. IMPORTANT NOTICE – EMISSIONS AND OTHER REQUIREMENTS.
Federal, state or provincial laws, rules and regulations in the U.S., Canada or elsewhere may prohibit the removal or modification of components that were installed on motor vehicles or engines by the original equipment manufacturer in order to meet emissions requirements or to comply with safety regulations applicable to engines or vehicles manufactured for use on public roads. Removal of such components, and installation of AS&M Products may be illegal and considered to be emissions-related tampering under applicable laws, rules and regulations.
4. IMPORTANT NOTICE – EFFECT ON OTHER WARRANTIES.
Installation of AS&M Products (or similar products from other manufacturers) on a motor vehicle or engine may void, reduce or otherwise adversely affect any warranties given by the manufacturer or seller of the vehicle, engine or other component parts. AS&M shall not be liable for any such adverse effect on such other manufacturers’ or sellers’ warranties.
5. LIMITATION OF LIABILITY.
IN NO EVENT WILL AS&M BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR MOTOR VEHICLE OR ENGINE OR ANY FINES OR PENALTIES, ARISING FROM OR OUT OF THE INSTALLATION OR USE OF A AS&M PRODUCT, EVEN IF AS&M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AS&M’S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any sales, use or other tax, fee or charge imposed by any governmental authority or agency on or measured by the sale of Product(s) to you shall be paid by you, in addition to the Product prices and handling fees charged.
Orders are typically processed within 2 business days after being placed. Shipping and delivery typically take from 3 to 8 business days after processing occurs. Your order, therefore, is estimated to be delivered within 5 to 10 business days of placement of your order, if you live in the U.S., and within 12 business days if you live outside the U.S. This delivery estimate, however, is meant as an approximation. AS&M shall not be liable for any losses, damages or inconvenience resulting from any delay in delivery of Products, or any failure to deliver Products, that is due to any cause beyond AS&M’s reasonable control, including without limitation any act of God, fire, flood, storm, governmental act or regulation, act or omission of suppliers or other third parties, accident, terrorist act, transportation delay, or inability to obtain or delay in obtaining necessary labor, materials or facilities.
8. PARTIAL SHIPMENTS.
We will make every reasonable effort to ship all Products in an order in a single shipment. If we cannot ship all Products together due to backorder or any other reason, we will contact you via email prior to shipment.
9. CANCELING ORDERS.
You may only cancel an order within 48 hours of placing it, and only if the order has not already been shipped. Authorized cancellations must be made by telephoning a request for cancellation to us at (480) 753-0208. We cannot cancel orders that have already been shipped. If your order has already been shipped by the time we receive your cancellation request, or if your cancellation request is received more than 48 hours after order placement, you must accept shipment from the carrier and, if you still do not want to keep the Product, you must go through the return process described in Section 12 below and be subject to a 20% restocking fee. Refusal of the shipment from the carrier will cause a two-way shipping charge, for which you will be responsible.
Please inspect the Products immediately after receiving your order. Any damages or evidence of tampering on the outer packaging must be noted on the delivery receipt of the driver. ANY DAMAGES MUST BE REPORTED TO AS&M WITHIN 48 HOURS of your receiving the item — no exceptions. Incorrect shipments must be reported within 5 BUSINESS DAYS of receiving the Product(s), as described in Section 11 below — no exceptions.
11. INCORRECT PRODUCTS.
Although we make every effort to ship the correct Product to you, unusual mistakes can happen. If we ship you a Product you did not order, we will pay for return shipment and replace it with the correct Product. Please let us know immediately (and in any event, within 5 business days after receipt) if you receive a Product you did not order by telephoning us at (480) 753-0208 for customer service. The replacement Product will not be shipped until we have confirmed that you have sent the item you did not order back to us. Replacements can only be shipped in the same manner and to the same address as the original order was sent.
12. RETURNING A PRODUCT.
The original consumer purchaser may return an undamaged Product for a refund within 5 days after receiving it, subject to a 20% restocking fee (based on the cost of the Product).
FREIGHT CHARGES ARE NON-REFUNDABLE.
- Telephone us at (480) 753-0208 to obtain an RGA number. (Without an RGA number, your return may be refused by our receiving department, and you will not receive a refund.)
- Write the RGA number on the outside of the box and return it, freight or postage prepaid by you, to the address on your invoice.
- Refunds, less the 20% restocking fee, will be processed and issued after we receive the Product(s) back.
NOTE: No refunds will be issued for damaged items. Incorrect shipments may be returned within 5 business days after receipt, as provided in Section 11 above, without payment of any restocking fee.
13. GOVERNING LAW.
These AS&M Consumer Terms and Conditions of Sale, and all sales of Products by AS&M to consumers, shall be governed by the laws of the State of Arizona.