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3. Trademarks. AllEcotec.com, and others are either trademarks or registered trademarks of AllEcotec.com Enterprises Other product and company names mentioned on the Site may be trademarks of their respective owners.
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8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
10. Product Images. While AllEcotec.com is trying to accurately display all product images, there might be inaccuracies for which AllEcotec.com is not held responsible. However, we apologize for any mistakes and ask you to notify us if such an inaccuracy should occur.
11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
13. Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
14. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
16. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Glendale, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Glendale, California. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Terms & Conditions of Sale
All orders placed with AllEcotec.com (phone, fax, mail, internet/web & e-mail) constitute the acknowledgement and acceptance of all conditions listed on AllEcotec.com Price List and all conditions listed below. All parts shall remain the property of AllEcotec.com until paid for in full. ALL orders shipped to a California Address must pay 8.25% California Sales Tax. This is required by the California State Board of Equalization. In the event that an order placed on the web does not calculate sales tax and the order is being shipped to a California Address, AllEcotec.com will calculate the sales tax when the order is processed. There will be no notification made regarding the adjustment of the total amount of the order reflecting sales tax. All prices, materials, design, color, contents included with a product, and product specifications are subject to change without notice. Some product images may be shown with optional items that are sold separately. Depending on the product(s) ordered and the destination of the order, certain shipping services may not be available. AllEcotec.com reserves the right to change the method of shipping suited to the product(s) ordered and the destination of the package(s). All Credit Card Orders can only be shipped to a verified Billing Address. Credit Card Orders will not be shipped until all information are verified and matched. All other orders (Check, Money Order, & Gift Certificate) will not be shipped until payment has been received in full. All unpaid orders will be cancelled after 30 calendar days. As a security precaution, all IP Addresses will be recorded for each completed web transaction. A 20% RESTOCKING FEE will be assessed on all Returned Item(s), Refused Shipments, and Canceled Orders that have been shipped. Shipping Charges are NON-REFUNDABLE. All returned merchandise must be unused and in its original saleable packaging. Returned items will only be accepted if the items are returned to AllEcotec.com within 14 Calendar Days of the Invoice Date.
All engine modification components, except those that are exempt, have been designed and are intended for off-highway application. These components are legal in California for racing vehicles only, which may never be used on public roads and highways. Federal and many state laws prohibit the removal, modification, or rendering inoperable of any device or element of design affecting vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to a fine or penalty. Installation of this part may void the warranty coverage, if any, on your vehicle. Vehicles modified by the use of performance parts may no longer be lawfully used on public highways. Further, all engine parts, headlight units, and electrical components are sold AS IS without any warranty and may not be returned. User assumes all cost and risks associated with these and other import items.
Return for exchange or refund will be allowed only within 14 calendar days from the date of receipt. All authorized return merchandise must be unused and in its original saleable packaging. No return or exchange on merchandise that shows signs of having been installed, modified, mounted, scratched, or defaced will be allowed. AllEcotec.com must receive all Core Returns within 30 calendar days of the invoice date in order to receive a full credit refund. RETURN AUTHORIZATION NUMBER must be issued before any returns can be made. We will not accept any returns without this number. Please write the number clearly on the outside of your returning package and tag the item(s) inside with your name and R.A. Number. AllEcotec.com must receive the return within 10 calendar days after the R.A. Number has been issued. The Return Authorization Number does not imply a replacement or refund, but only that we will inspect the merchandise based on your claim. Returns must be sent freight prepaid and insured by you. A refund, exchange, or core return will not be considered until all relevant items, hardware, and accessories have been returned to AllEcotec.com. Original shipping and handling charges are not refundable. All custom entry fees and duty associated with any return or exchanges will be charged to the customer. A photocopy of your invoice showing the invoice number must accompany your return along with a written explanation and a contact telephone number where we may be able to reach you. It is the responsibility of the customer/installer to verify the correctness of size and application of all parts before installation.
Shortage claims must be made within 5 working days of receipt date. All claims for damaged merchandise must be made with the shipping carrier. Please keep all shipping cartons and all packing materials for carrier inspection. AllEcotec.com cannot initiate any claims with the carrier. All approved refunds will be paid either by Company Check, Credit Card Credit, or Account Credit, to be determined by AllEcotec.com. A 20% handling fee will be assessed on all authorized returns. All special orders (personalized/specially fitted) items must be paid in full at the time of order. All special orders and custom orders will be processed in the most timely and efficient manner possible; however, AllEcotec.com will not be held responsible for delays above and beyond its control. No cancellations, refunds, or exchanges on special order items or custom order items. Any refused shipments sent back to AllEcotec.com does not constitute the right to a refund or credit. It is the customer's responsibility to make all arrangements with AllEcotec.com for refused shipments. It is company policy to charge the customer all freight charges associated with the shipment and a 20% restocking fee on all products shipped.
WARRANTY: No warranty whatsoever will be valid if the defect was caused by customers abuse, negligence, or mishandling. All merchandise sold by AllEcotec.com is only subject to manufacturers warranty and conditions, if any, and is subject to submission to the manufacturer for inspection and approval for repair or replacement of merchandise. Customer, however, will be responsible for all shipping and handling fees. No labor or inconvenience may be included in any warranty claims. There is no warranty on lights, light bulbs, decals, electrical parts, and engine parts. Check your state and local laws regarding the use on any parts. In the event that legal proceedings are required to resolve disputes or indifferences, all claims and filings must be made with the Citrus Municipal Court located in Glendale, California. AllEcotec.com Customers will acknowledge and agree to this stipulation once the transaction has been made with AllEcotec.com.
It is the customer's responsibility to retain any and all invoices for their record and warranty claims.
If an item is not in stock, we will hold a Back Order for you and ship the item as soon as it becomes available. If we experience a long delay, we will advise you of that fact. If you do not wish to wait for back ordered items, we will cancel the items you requested upon receiving instructions to do so.
Availability of Products
All items will be shipped according to availability. If items are not readily available, we will try our best to expedite all orders as quickly as possible. AllEcotec.com will not be held responsible for long delays beyond our control.
Prices, materials, design, specifications, and recommendations are subject to change without prior notice. All merchandise information presented in this web site were true and correct at the time of publication.
Legality of Products
AllEcotec.com offers a wide variety of merchandise designed to improve the appearance and performance of your vehicle. The rules and regulations regarding the use of some or all of these items may vary from state to state and/or city to city. AllEcotec.com will not guarantee the legality of use or installation of any given items in your particular area. We highly recommend that you check with your local law enforcement agency. Violation of any laws may subject the owner and/or operator of the vehicle to a fine and/or penalty.
No warranty whatsoever will be valid if the defect was caused by customers abuse, negligence, and/or mishandling. All merchandise sold by AllEcotec.com is only subject to manufacturer's warranty, if any, and are subject to submission to the manufacturer for approval for repair or replacement of merchandise. Customer, however, will be responsible for shipping and handling fees. No labor or inconvenience may be included in any claims. There is no warranty on lights, light bulbs, electrical parts, and internal engine or turbo parts.
If you receive an incorrect item due to our error, we will issue a UPS Call Tag to pick up the incorrect item(s) and ship the correct item(s) at no additional charge to you.
All merchandise are packed carefully and correctly utilizing a triple check method before it leaves our facility. Damaged shipments should be checked in the presence of the carrier. All claims for damaged or loss to your shipment must be made with the carrier. Please keep all shipping cartons and packing material for carrier inspection. AllEcotec.com will not initiate any claims with the carrier. Claims for shortage of items or damaged shipments must be made within five working days of receipt.
In the event that legal proceedings are required to resolve disputes or indifferences, all claims and filings must be made with the Citrus Municipal Court located in Glendale, California. AllEcotec.com customers will acknowledge and agree to this stipulation once a transaction has been made with AllEcotec.com.
Installation of Products
AllEcotec.com highly recommends the installation of mechanical or electrical parts be performed by a qualified trained professional. Improperly installed products may lead to unsafe and unreliable conditions. All products installed incorrectly will not be covered under any warranties and will not be accepted as a return.
Engine Performance Upgrades
All engine performance upgrades directly related to engine, exhaust system, turbo charging/supercharging system, and fuel injection system are legal in California only for racing vehicles which may never be used upon a highway unless otherwise specified. Persons in other states must check their local and state laws regarding use.