Sales Terms and Conditions
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM TOYSPORT. READ IT CAREFULLY. NO OTHER TERMS APPLY. BY PLACING AN ORDER AND ACCEPTING THE PRODUCTS YOU ARE AGREEING TO THESE TERMS
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) or terms that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s), which is subject to additional or altered terms and conditions, shall be null and void.
Order Acceptance by Toysport
/Acceptance of This Agreement by Customer:
All orders of Products placed by the Customer with Toysport shall be subject to acceptance by Toysport. BY PLACING AN ORDER, THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CANCEL YOUR ORDER. Acceptance by Customer of Products shipped shall constitute full acceptance of these terms and conditions.
Toysport makes no warranties except those stated in the manufacturers warranty cards included with Products, or, in the case of optional extended warranties issued by Toysport, such extended warranty documentation. TOYSPORT EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE.
Sports Parts Disclaimer:
Toysport Competition and Sport parts are sold "as-is" without any warranty whatsoever. Implied warranties, including warranties of merchantability or fitness for a particular purpose, are excluded. The entire risk of quality and performance of sports parts is with the buyer. It is the purchaser/competitorís responsibility to inspect and verify the dimensions of all parts prior to installation. Should such parts prove defective following their purchase, the buyer, and not the manufacturer, distributor, or retailer, assumes the entire cost of all necessary services or repair. The vehicle manufacturers warranties are voided if the vehicle or sports part is used for competition or if they fail as a result of modification.
Terms of payment are COD or at Toysport's sole discretion and must be agreed prior to acceptance of an order. Toysport will charge credit cards upon order. Toysport accepts MasterCard, Visa, American Express and Discover. Toysport accepts cashiers checks and no personal checks. Toysport payment terms are subject to change without notice at Toysport's sole discretion.
Toysport continually updates and revises Products. Toysport may revise and/or discontinue Products at any time. Changes between what is shipped and what is described in marketing materials (ads, catalogs, specification sheets etc.) are possible. Your Toysport representative will communicate latest Product information if an order is received via telephone.
Toysport Satisfaction Guarantee program allows for Products purchased from Toysport to be returned by Customer after obtaining a Toysport return authorization number (RA) during the 15 day period following date of shipment for a credit (of purchase price actually paid). The RA number may be obtained from Toysport Customer Support at 1-3232-777-7676, and must be noted on the outside of the returned Productís container.
Products must be returned in the original packaging. Shipping and handling is not refundable. Damaged and missing part are non-returnable. Allowable returns will be charged a 25% Restocking fee. A photocopy of your invoice must accompany your return. RAs are valid for only 15 days from issuance. An RA does not guarantee a replacement or refund, but only that we will inspect the merchandise based on your claim. Customer shall be responsible for and prepay all shipping charges and shall assume all risk of loss or damage to Product while in transit to Toysportís return address.
If Customer returns Product to Toysport (A) without a RA from Toysport or (B) beyond the 15 day period, or (C) without proper packaging Toysport retains the right to either refuse delivery of such return or charge Customer an adjusted restocking fee. All sales are final after 30 days.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. Toysport will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is Customer's. In the event of Product damage or loss during transit, it is the responsibility of Customer to file a claim with the carrier.
Limitation of Liability:
TOYSPORTíS LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL TOYSPORT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. TOYSPORT SHALL NOT HAVE ANY LIABILITY TO OTHERS FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Prices do not include any sales, local or other similar taxes. California residents and orders delivered in California will be charged Sales Tax. Customer shall pay all such taxes, or in lieu thereof, Customer shall provide Toysport with an appropriate tax exemption certificate.
Customer agrees that it is purchasing for personal use only, and not for resale. Customer shall not remove components from Product for resale.
Customer and Technical Support:
Toysport expects its technical support people will be able to handle over the telephone problems involving Toysport Products. However, Toysport's support people may not be able to understand or resolve a particular problem. While Toysport representatives or Toysport dealers may be able to assist you and may make recommendations, they are NOT authorized to vary or waive this disclaimer. Purchasers must determine for himself the suitability and compatibility of the products in each and every particular instance.
Title to Product(s) passes from Toysport to Customer upon shipment from the facility.
Governing Law/Waiver of Jury Trial:
THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR CUSTOMER'S ORDER.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
Toysport shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Toysport. Quantities are subject to availability. In the event of shortage, Toysport may allocate sales and deliveries in its sole discretion.
Waiver / Invalidity:
Failure of Toysport to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
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TOYSPORT WEBSITE POLICY
Copyright / Trademark Statement
The contents in this site are protected by copyright. The images, information, text, data, or graphics contained in this site are ONLY for your personal use and you MAY NOT reproduce, adapt, or publish it; in whole or in part, for any purpose without the express written consent of TOYSPORT. The TOYSPORT mark and design may not be copied, used, downloaded, or distributed in any way, without prior arrangement or permission.
Rules On The Use Of This Site
By using this www.toysport.com website, you signify your agreement to the TOYSPORT Website Policy. If you do not agree to this policy, please STOP!! Do not access or use this site. We reserve the right to change any of TOYSPORT 's Website Policy. This document also describes Toysportís policy regarding information received about you during visits to our Web site.
Contents Limitation Statement
The TOYSPORT Web site contains sales and technical information regarding TOYSPORT products and promotional programs. All pricing information and technical data referred to in this site are subject to change without prior notice. TOYSPORT has a continual development policy. We reserve the right to improve, modify, and introduce improvements to our product line. TOYSPORT will continually update all information and articles as they become necessary.
TOYSPORT has made all reasonable effort to verify and ensure accuracy of information and data on this site. However current accuracy cannot be guaranteed and TOYSPORT cannot assume any responsibility for the accuracy, completeness or authenticity of any information contained in this site. All information and data contained herein, is provided without warranty of any kind. TOYSPORT reserves the right to change or modify all the information contained in this site without any prior notice.
While Toysport representatives or Toysport dealers may be able to assist you and may make recommendations, they are NOT authorized to vary or waive this disclaimer. Purchasers must determine for himself the suitability and compatibility of the products in each and every particular instance.
Personal Information Statement
TOYSPORT may request personal information to service your order and request for technical information, product support, promotions, and catalogs. Personal information, such as name, mailing address, e-mail address, telephone #, or information you requested, are collected and stored in a secure and confidential manner. TOYSPORT will only request information related to ensure accurate and timely response to fulfill your request. The personal information you provide to TOYSPORT is used to improve the services we provide you. TOYSPORT makes every effort to ensure that your data is not used for any other purpose.
TOYSPORT will never sell, share, lease, trade, or otherwise pass your information to another party or company. It is never shared or provided to any other company for another company's independent use.
Offer to Sell
Please read our ONLINE SALES Policy. TOYSPORT displays MSRP or ONLINE pricing, in-store pricing may vary. Some items pricing may be valid as an ONLINE processed order only. Special ONLINE Sales promotions and events are for limited time period only and quantities maybe limited. Dealer pricing are available only to legitimate resellers. We qualify all dealer inquiries.
World Wide Web Links
This site may contain links to other World Wide Web sites, which are completely independent of this site. TOYSPORT makes no representation or warranty of the information contained in any of the links, or entity, and other persons. Links are offered as a service to compare products and related information and is not an endorsement by TOYSPORT of products or services offered by any of the links, or entity, and other personsí World Wide Web site. Linking to any other World Wide Web sites from TOYSPORT is encouraged but TOYSPORT cannot assume any responsibility.
TOYSPORT shall not be responsible for any breach of confidentiality in respect to your use of this site or other sites. Your confidential use of this site or other linked sites cannot be guaranteed by TOYSPORT.
Comments And Suggestions
TOYSPORT welcomes your comments and suggestions to improve the quality and usability of this site. E-mail your messages to the site WEBMASTER.
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Sports Parts Notice
Toysport supplied Competition and Sports parts are sold "as-is" without any warranty whatsoever, as we have no control on how they are used. All products designed for off-road use are considered Sports parts. Implied warranties, including warranties of merchantability or fitness for a particular purpose, are excluded. The entire risk of quality and performance of sports parts is with the buyer. Should such parts prove defective following their purchase, the buyer, and not Toysport, the manufacturer, distributor, or retailer, assumes the entire cost of all necessary services or repair.
The vehicle manufacturers warranties are voided if sports parts or the vehicle is used for competition or if they fail as a result of modification. It is the purchaserís responsibility to inspect and verify the dimensions of all parts prior to installation.
Federal and State laws prohibit the removal modification or rendering inoperable of any device or element of design affecting vehicle emission or safety in any vehicle to be used upon a public road or highway. Violation of such laws may subject the owner user to a severe fine or penalty per incident. Vehicles modified by the use of off-highway performance parts may no longer be lawfully used on the public road or highways.
Sports parts that affect emission are not legal for sale or use in the State of California on any pollution controlled vehicle. Toysport does not endorse or condone the use of modified vehicles on public roads and highways.
By placing an order for sports parts, off-highway performance parts- you are notified and you agree to the limited use and application of these parts.
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