Terms and Conditions:
1. General: These Terms & Conditions constitute the entire agreement between Cantrell Motorsport, Inc. (“Seller”) and the customer (“Customer,” and collectively with Seller, the “Parties”). No additional or different terms and conditions, including but not limited to those that appear in any purchase order, request for proposal, quotation, or bid are of any force or effect unless expressly agree in a writing signed by both Parties.
2. No Warranty On Certain Items: Seller provides no warranty on goods not manufactured by Seller, such warranty, if any, is provided solely by manufacturer of those goods.
3. Limited Warranty On Certain Items.
a. What and Who is Covered? Seller provides a LIMITED WARRANTY that (i) Cantrell-branded products that Seller manufactures (“Warrantied Products”) will be free of defects in materials and workmanship for a period of THIRTY (30) DAYS from the date of original retail purchase by the end-user purchaser (the “Product Warranty Period”) and (ii) that services Seller performs on any products will be free defects in workmanship (collectively, with Warrantied Products, “Warrantied Items”) for the shorter period of ONE (1) YEAR or TWELVE THOUSAND MILES (12,000) from the date of original purchase by the end-user purchaser (the “Service Warranty Period”). The Product Warranty Period and Service Warranty Period are each independently a “Warranty Period”. This warranty is only provided to the Customer and not to any subsequent owner of Warrantied Items.
b. What is Not Covered? This warranty does not apply: (i) to damage caused by racing, performance driving, or off road driving; (ii) to consumable parts that naturally diminish over time, unless failure results from a defect in materials or workmanship; (iii) to cosmetic damage; (iv) to damage caused by any items other than Warrantied Items (including use with another product); (v) to damage caused by accident, abuse, misuse, liquid contact, fire, or other external cause; (vi) to damage caused by operating the Warrantied Products outside Seller’s published guidelines; (vii) to damage caused by operating any item outside any manufacture’s published guidelines; (viii) to damage caused by service or installation performed by anyone other than Seller; (ix) to Warrantied Products that have been modified without the written permission of Seller; (x) to defects caused by normal wear and tear or otherwise due to the normal aging, (xi) to defects caused by or enhanced by Customer’s failure to inspect or maintain Warrantied Items, or by any use of Warrantied Items after discovery of a defect, or (xii) if any serial number has been removed or defaced from Warrantied Products. THIS WARRANTY WILL NOT APPLY IF CUSTOMER FAILS TO MAKE A WRITTEN WARRANTY CLAIM WITHIN THIRTY DAYS OF DISCOVERING A DEFECT.
c. What will Seller do to correct problems? Subject to a claim being made during the applicable Warranty Period and meeting the other conditions of this agreement, Customer’s sole and exclusive remedy for breach of warranty is that Seller will repair or replace the defective Seller’s Products or, in the case of other Warrantied Items, re-perform the defective service. Customer shall be responsible for all other costs and expenses, including, without limitation, removing, shipping goods, and reinstalling any products. Customer hereby acknowledges on a continuing basis that any exclusive and/or limited remedies available in this Agreement are reasonable and sufficient and that they will not fail of their essential purpose even if Customer may not take advantage of them in some circumstances by their terms.
d. How to get warranty service? Contact Seller at 1655 139th Pl NE, Bellevue, WA 98005 or :(425) 746-8960.
e. How will state law affect your customer’s rights? This warranty gives Customer specific legal rights, and Customer may also have other rights which vary from state to state.
4. Disclaimer of Warranties: EXCEPT AS PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. In particular, Warrantied Products are not guaranteed to prevent injury or death, and are not rated for any specific activity, impact or speed. Warrantied Products do not diminish the need for proper seat belt-harness systems, head and neck restraint devices, helmets, roll bars, fire resistant clothing, upgraded brakes, tires, and suspension, and other safety items.
ANY RECOMMENDATIONS BY SELLER SPECIFIC TO CUSTOMER’S PURPOSES ARE EXPRESSLY DISCLAIMED. CUSTOMER AGREES THAT THERE ARE NO WARRANTIES EXCEPT THOSE IN THIS AGREEMENT.
Some states do not allow limitations on how long an implied warranty lasts, so the limitation herein may not apply to Customer.
5. Returns: ALL SALES ARE FINAL, AND SELLER ONLY ACCEPTS RETURNS IF REQUIRED BY THIS DOCUMENT. Seller may charge a 20% restocking fee if it waives this policy.
6. Customer Parts: Customer is responsible for picking up all parts, spares or materials (“Parts”) associated with their repair order within two (2) business days of vehicle return or vehicle pickup by customer. Parts left beyond this period shall be subject to sale or disposal by seller (CMS) at seller’s sole discretion and if by sale, proceeds therefrom shall be wholly to seller’s benefit and become seller’s sole property. If seller has not yet disposed of or sold the parts, customer can retrieve them upon written request and upon payment of any storage charges that have accrued. Which will be no less than $25.00 per day.
7. LIMITATION OF LIABILITY: EXCEPT AS PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING, WITHOUT LIMITING THE FOREGOING, ALL SUCH LIABILITY ARISING FROM OR RELATED TO RACING, PERFORMANCE, TRACK, OR OFF-ROAD DRIVING, WHICH ACTIVITIES ARE INHERENTLY DANGEROUS, AND THE RISKS OF WHICH ACTIVITIES CUSTOMER EXPRESSLY ASSUMES. SELLER’S
LIABILITY, IF ANY, IS LIMITED TO THE AMOUNT PAID BY CUSTOMER TO SELLER. SELLER SHALL NOT BE LIABLE FOR INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, CONSEQUENTIAL DAMAGES FOR INJURY TO OR DEATH OF PERSON, PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES, DELAY OR LOSS OF USE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so such limitations or exclusions herein may not apply to Customer.
8. Choice of Law, Venue, Costs of Suit: This agreement and any proceeding between the Parties arising out of, or in connection with, this agreement or goods or services provided by Seller (collectively, a “Proceeding”) shall be governed by the laws of the State of Washington. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any Proceeding. The federal and state courts of King County, Washington will be the exclusive venue for any Proceeding between the Parties. The Parties hereby submit to and consent exclusively and irrevocably to the jurisdiction of such courts. The prevailing party in any Proceeding shall be entitled to recover all costs, fees, and expenses incurred in connection with the Proceeding, including but not limited to, reasonable attorney’s fees.
9. Severability: If any of these terms and conditions is determined to be invalid or unenforceable, the court shall give effect to the Parties’ intentions as reflected in such provision, and all other provisions of this agreement shall remain in full force.