By placing ANY order with Full Throttle Performance, you agree to the following Terms and Conditions
1. Prices and Payment. Prices of all products are described on Full Throttle Performance’s price list. All payments must be made by certified check or credit card in advance. Any payment not made when due shall bear interest at the rate of 18% per year.
2. No Warranties. FULL THROTTLE PERFORMANCE MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS AND SERVICES. FULL THROTTLE PERFORMANCE EXPRESSLY EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE TOTAL LIABILITY OF FULL THROTTLE PERFORMANCE WITH RESPECT TO ANY PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT. FULL THROTTLE PERFORMANCE SHALL IN ANY EVENT BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DEFECTIVE WORKMANSHIP, MATERIALS, OR FULL THROTTLE PERFORMANCE’S ERROR OR OMISSION.
3. Taxes. The Customer shall pay all taxes or charges of any nature imposed upon the sales or use of the goods.
4. Return of Goods. No goods supplied may be returned to the Full Throttle Performance for credit without the Full Throttle Performance's prior written authorization. A 20% processing charge will be charged for all authorized returned items.
5. Applicable Law and Venue. To the extent allowed under applicable law, the rights and obligations of the parties hereunder shall be governed in all respects, including all questions of construction and performance of this order, by the laws of Kentucky. To the extent allowed under applicable law, all disputes concerning this order shall be resolved in an appropriate state or federal court located in Louisville, Kentucky.
6. Freight and Insurance. Customer shall pay for or reimburse Full Throttle Performance for all freight, insurance, and related charges. All products are shipped at Customer’s risk.
7. No Liability for Delay. Full Throttle Performance shall not be liable for any delay arising directly or indirectly from (1) acts of God, unforeseeable circumstances, acts (including delay or failure to act) of any government or authority, war, (declared or undeclared) riot, revolution, priorities, fires, strikes, sabotage, or epidemics; (2) inability due to causes beyond the Full Throttle Performance's reasonable control to timely obtain necessary and proper labor, materials, components, facilities, transportation, or instructions from the Customer; or (3) any other cause beyond the Full Throttle Performance's reasonable control. In such event, Full Throttle Performance shall have such additional time for performance as may be reasonably necessary under the circumstances.
8. Complete Agreement. The completed order form and these terms and conditions represent the complete agreement between the parties and supersede all prior agreements and representation between them. By placing an order, Customer agrees that all sales shall be subject to these terms and conditions.