TERMS & CONDITIONS
BY ACCESSING GRCPERFORMANCE.COM, OR ANY RELATED SITES
(HEREAFTER THE "SITE"), CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND
CONDITIONS OF USE, SUCH USE BEING EXPRESSLY CONDITIONED ON ACCEPTANCE OF SAID
TERMS AND CONDITIONS.
COPYRIGHTS, TRADEMARKS & INTELLECTUAL PROPERTY:
• Copyrights: All materials appearing anywhere on the Site, or
any related page; ("The Materials") are protected by worldwide copyright laws
and treaty provisions. The copyrights on The Materials are held by GRC
Performance, Inc, and/or by the original author/creator of a respective item of
The Materials reproduced under license, respectively, with all rights being
reserved. Your use of The Materials shall be limited to viewing for
informational purposes, and making copies into random access memory solely for
the purpose of such viewing. Customer shall not, without express written consent
of GRC, and/or the original author/creator (if applicable), copy, reproduce,
modify, publish, upload, post, transmit, or disseminate any of The Materials.
Artwork or images protected by watermark or other identifying insignia
are specifically protected from unauthorized duplication and dissemination by
the Digital Millennium Copyright Act, 17 U.S.C. 1201, et seq., and violators may
be subject to imprisonment, fines, and other administrative remedies.
DMCA Notices: All correspondence regarding possible copyright
infringement MUST, pursuant to _17.U.S.C. 512(c), be sent to GRC's Designated
Agent for Notification of Claims of Infringement:
Umberto Gizzi
GRC Performance, Inc.
23854 Via Fabricante F-5 Mission Viejo, CA 92691
PLEASE NOTE!! Any and all correspondence MUST comply with the
statutorily-mandated notice requirements, or it may be lawfully ignored. Please
refer to the U.S. Copyright Office's website (http://www.copyright.gov), or
consult a copyright attorney for guidance on complying with the aforementioned
requirements.
• Trademarks: "GRC Performance Inc," "GRC Performance," "GRC
Performance.com," "GRC," and any artwork associated thereto, are all trade
and/or service marks of GRC, and the use of these properties, or any other trade
and/or service marks of GRC ("The Marks"), without the express written consent
of GRC is strictly prohibited. No license to reproduce, display, "hot-link" or
make commercial use of The Marks in any manner is given or implied. Other logos,
trademarks and artwork may appear on this site or related-sites, and these items
remain the property of the companies they represent, and are being re-printed by
GRC solely by permission. Display and use of these logos is not meant to imply
any partnership, joint venture, agency relationship or other association between
GRC and any of the companies listed herein. Such use/display is provided solely
as a convenience to customers and is for informational purposes only.
COMPLIANCE WITH APPLICABLE LAWS:
• Customer warrants that he/she has the legal authority to purchase this
equipment, and that he/she will not use, sell, or otherwise distribute this item
in any manner volatile of applicable state and federal laws. Buyer also agrees
to indemnify and hold harmless GRC for liability from any and all claims arising
out of Customer's use, sale, or distribution of this item.
CUSTOMER PRIVACY:
• GRC will hold any sensitive information submitted by Customer in the utmost
confidence.
DELIVERY/TURN-AROUND TIMES:
• In-Stock Items: Items we have in stock are usually shipped
the same business day if the order is placed and payment is verified by 3:00pm
EST. Occasionally, if an In-Stock item is oversold or unexpectedly backordered,
we will order the part from the manufacturer and ship as soon as possible.
• Out-Of-Stock Items: Even with our huge inventory, it is
possible that we may run out of an item. If so, payment will be secured for the
entire amount of the order as a 100% deposit, and the Out-of-Stock Item(s) will
be ordered from the manufacturer. As soon as the merchandise becomes available,
it will be shipped, usually within one to two weeks. Extended backorders may,
however, occur from time to time. In such event, please allow up to six weeks
for delivery.
• Special Order Items: Certain items are denoted as "Special
Order Items." Please contact your GRC Sales Representative for specific delivery
times for these items.
• Expedited Shipping: Please note that, while GRC prides itself
on fast, hassle-free order processing, time will NOT be deemed to be "of the
essence" for any ordered item unless such condition is expressly consented to in
writing by GRC. Selecting Next Day, Two Day, or Three Day services DOES NOT bind
GRC to any guarantee, express or implied, that shipments will be received by the
customer in that respective amount of time. Expedited orders still may incur
handling delays prior to shipment, just as standard orders do. In such event, we
may not be able to ship expedited orders the same day they are placed, though we
will certainly make every effort to do so. As a result, delivery times may vary.
Your GRC representative will be happy to assist you in coordinating more precise
delivery times when the specifics of the situation are known.
DISCLAIMERS:
• State Emission Controls: Many products listed here are
dedicated racing items and are not intended for street use in emission
controlled vehicles. Unless otherwise indicated, these parts are not to be
installed in vehicles subject to emission control regulations. Check with your
state emission regulating authorities before installation of any parts listed
here which do not carry emissions compliance. GRC assumes no responsibility for,
and makes no warranties or guarantees, express or implied, as to the emission
law compliance of any Customer vehicle.
Limitation of Liability: GRC SHALL NOT BE LIABLE OR
OBLIGATED UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR
EQUITABLE THEORY FOR (A) ANY AMOUNTS IN EXCESS OF THE AGGREGATE FEES PAID TO IT
OR (B) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHATSOEVER.
DISPUTES:
• These Term & Conditions will be governed by and construed under the laws of
the State of California, excluding only its conflict of law provisions. Customer
hereby submits to the exclusive jurisdiction of the courts within the State of
California, and waives any jurisdictional venue or inconvenient forum objections
to such courts.
• Any failure by GRC to enforce any of its rights under these Terms &
Conditions, or any applicable laws, shall not constitute a waiver of such right.
FRAUD PREVENTION:
• Personal Checks: Orders paid via personal check are be
subject to a 10-12 business day clearance hold.
• Money Orders, Official Bank Checks, Cashier’s Checks: Not
subject to any clearance hold, absent strong evidence of possible fraud.
• COD: No COD orders will be accepted for first-time customers
under ANY circumstances.
• Credit Cards: Domestic orders processed via credit card are
not subject to clearance holds, and are processed once approval is obtained.
International credit card orders also incur no holds, but GRC will ONLY ship to
an address on file with the financial institution. We will not accept any
alternate ship-to address for an international order under ANY circumstances.
INSOLVENCY:
• GRC reserves the right to cancel any order, without liability, in the event of
the happening of any of the following (or any other comparable event): (a) a
purchasers insolvency; (b) the filing of a voluntary petition in bankruptcy by,
or having an involuntary petition filed against, a purchaser; (c) the
appointment of a receiver or trustee for any purchaser; (d) or the execution of
an assignment for the benefit of a purchaser’s creditors, provided that such
petition, appointment, or assignment is not vacated or nullified within fifteen
(15) days of such event.
LIMITED WARRANTY AND ORDER CANCELLATIONS:
• Replacements: Returns will be accepted, if an item is shown
to be defective, within 30 days from the date of order, and a replacement item
will be provided (following receipt of the defective item) with no additional
S&H charges. However, special order items, as well as certain categories of
standard-inventory products (such as superchargers and electrical items) will
not be returned, replaced, or have the purchase price refunded, under ANY
circumstances. If so, this "no-return" status will be clearly denoted, both
on-screen prior to order confirmation, as well as on your product
receipt/invoice. Contact your Sales Representative for further details. All
returns must be approved by GRC, and assigned an RGA number for tracking. No
return will be processed without a valid RGA number under ANY circumstances.
Customer assumes full responsibility for the proper packaging, delivery and
insurance of returned items to our warehouse. Claims for any items damaged,
lost, stolen, or otherwise impaired in transit, must be made with the carrier
employed.
• Refunds: Non-defective returns are accepted within 30 days
from the date of order, subject to a 25% restocking fee. However, no refunds
will be granted on items which are used, altered, or installed under ANY
circumstances. In addition, Special Order items, as well as certain categories
of standard-inventory products (such as superchargers and electrical items), are
ineligible for refunds. If so, this non-refundable status will be clearly
denoted, both on-screen prior to order confirmation and on your product
receipt/invoice. Contact your Sales Representative for further details. Refunds
must also be approved by a GRC Representative, and will not be processed without
a valid RGA number.
• Other Warranties: None provided. Customer’s remedies are
limited to the processes for replacements and refunds outlined above. GRC makes
no additional warranties, express or implied, as to the merchantability, or
fitness for a particular purpose, of any ordered items. Some items may carry
separate manufacturer’s warranties, and GRC assumes no responsibility for any
claims made therein. Customer must contact the manufacturer for further details
on any such warranty.
• Cancellations: Cancellation requests received and approved
prior to shipment are allowed, but are subject to a 10% processing fee. After an
item has been shipped, a 25% processing fee will be incurred for any shipment
that is refused. No cancellations on group-purchase or group-buy orders are
allowed under ANY circumstances.
PRICING AND SITE CONTENT:
• Prices quoted are estimates based on the information you have supplied, and
are only accurate to the extent your information is accurate. The pricing and/or
technical information that appears on the Site may be changed, updated, and/or
deleted at any time, even after an order has been placed, without notice to
Customer. This information may also contain technical inaccuracies or
typographical errors, and Customer expressly assumes the risk of such errors.
Customer is encouraged to contact his/her GRC Sales Representative at any time
for verification of current pricing or other information. The Site may also
contain content not generated by GRC, and it shall not be responsible for any
representations made or implied via third-party content.
• Certain prices represent cash-only pricing, and if so, paying via credit card
will necessitate an additional 3% fee. Each such transaction will be clearly
denoted.
SEPARABILITY OF PROVISIONS:
• The invalidity, illegality and unenforceability of any provision(s) of these
Terms & Conditions shall in no way affect or impair the validity, legality and
enforceability of the remaining provisions hereof.
SHIPPING AND HANDLING POLICIES:
• Responsibility for Shipping & Handling Fees: All domestic
orders are shipped, unless otherwise expressly agreed to in writing, using the
following terms: FOB Origin, Freight Collect.
For International shipments, we ship FCA Sellers
Premises, as defined under the Incoterms 2000. These terms mean,
essentially, that Customer must pay any and all shipping and handling fees,
including freight charges and insurance, as well as any duties, taxes, customs
clearance expenses, and any other shipping costs which may arise. Other shipping
charges, surcharges or accessorial charges may apply and your final shipping
charge may vary.
• Responsibility for Damage: In addition, risk of loss and
title for all items ordered pass to you upon our delivery to the carrier. GRCs
responsibility for damage, theft, alteration, or other mishaps to your items
ends at that moment. All orders automatically carry up to $100.00 insurance
coverage, which is provided at no additional charge by the third-party freight
carrier. If needed, additional coverage is available, and is generally a good
investment. Contact your GRC salesperson for more details on specific levels of
coverage.
• Shipping to an Alternate Address: PayPal, Visa, MasterCard,
American Express, and Discover all strongly discourage shipping products to an
address that is not on listed in their records. Please note that simply because
one has previously had products shipped to an address other than the registered
billing address, this does not mean that such address is on file with the credit
card company. It is CUSTOMER'S RESPONSIBILITY to: I) contact his/her financial
institution and see that the alternate shipping address is approved prior to
bidding on any auction. Or ii) sign a written authorization form, which will be
kept on file at GRC in the case of charge-backs or other disputes.
**Please Note: For international orders, GRC will ONLY ship to an address on
file with the financial institution. We will not accept any alternate ship-to
address for an international order under ANY circumstances.
USER-FORUMS:
Customer agrees not to post or otherwise transmit any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
objectionable or profane material or any materials that could constitute or
encourage conduct that would be considered a criminal offense, give rise to
civil liability or otherwise violate any law, to The Site. GRC will fully
cooperate with law enforcement authorities or court orders requesting or
directing it to disclose the identity of or help identify anyone posting any
such information or materials on this web site.
|
