Standard Terms & Conditions
The undersigned customer (“Customer”) agrees to BK-MOTORSPORT INC. Terms and Conditions as set out below.
- Payment for Goods
a. “Goods” mean goods sold by BK-MOTORSPORT to Customer described in any BK-MOTORSPORT invoice. Customer agrees to pay all sums as due. Unless otherwise agreed in writing, orders must be paid in advance. Customer agrees that if it fails to pay any agreed payment when due, such unpaid sum shall incur interest at 10% per annum or the highest rate allowed by law, whichever is higher. All sales are final upon receipt of the purchase price. BK-MOTORSPORT may accept Customer credit card payments or C.O.D. “Company Check” upon approval of the “application for COD or Credit Card terms”. BK-MOTORSPORT reserves the right to hold orders on any account over 30-days late, and place that account on a credit hold until current. All America Customers must furnish BK-MOTORSPORT with a completed resale certificate.
b. Any returned check will place Customer’s account on “prepaid only” status. Accounts must be cleared in full before BK-MOTORSPORT will, at its sole discretion, evaluate whether account may return to company check status. In addition to all other remedies available, BK-MOTORSPORT will assess and Customer agrees to pay a$35 fee for all returned checks.
c. BK-MOTORSPORT reserves the right to change its prices at any time.
- Change Orders Customer shall pay BK-MOTORSPORT for any amounts due for changes/modifications/alterations relating to Goods as part of the purchase price. In such event Customer must execute a written change order.
- Delivery Customer orders are shipped by BK-MOTORSPORT via standard air freight unless specifically negotiated otherwise. Express and same-day delivery may be available at extra charge. Free freight may be available under certain circumstances at discretion, but shall not be available if account 60-days past due. BKMOTORSPORT does not guarantee delivery by a specific date and Customer acknowledges any proposed date provided by BK-MOTORSPORT shall only be an estimate. This shall not in any way be deemed a “time is of the essence” clause, but BK-MOTORSPORT will use best efforts for delivery of Goods by the proposed date or as soon as possible thereafter.
- Inspection at Delivery Customer shall inspect Goods on delivery. Shortages or damages to Goods must be noted by Customer on the freight bill or bill of lading upon delivery. In addition, Customer must alert BK-MOTORSPORT of any damage or shortage within 3-days of delivery, via e-mail or in writing. If Customer fails to take either of these steps, BK-MOTORSPORT shall be entitled to assume there were no shortages or damages.
- Refusals, Returns & Costs
a. Customer shall only have 30 days from ship date to return Goods ordered from stock to BK-MOTORSPORT subject to a restocking fee of 25% on the sales price of the specific item and related shipping charges. Discontinued Goods and Goods returned more than 30 days from delivery will not be accepted. BK-MOTORSPORT will also charge a 25% restocking fee, plus shipping charges, for all refusals. Upon a refusal, BK-MOTORSPORT may place Customer’s account “on hold” until paid in full. BK-MOTORSPORT shall not be responsible or liable for any damages that may occur to Goods during shipment. Customer agrees that if BK-MOTORSPORT is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to Goods, BK-MOTORSPORT may immediately charge or debit Customer’s credit card or other account in that amount.
b. All returned Goods must have a Return Authorization Number (“RAN”) from BK-MOTORSPORT and be returned in original packaging or they will not be accepted. A copy of the invoice must accompany any return and the RAN must appear prominently on the outside of the box. Authorized returns will result in issuance of a refund check, account credit, repair, or replacement at its discretion. Refunds/credits will not be issued under $5.
- Warranties BK-MOTORSPORT WARRANTS GOODS SHALL BE FREE FROM DEFECT IN MATERIAL & WORKMANSHIP FOR CARACTERE, G-POWER, KERSCHER, PRIOR DESIGN 1-YEAR FROM DATE OF DELIVERY. BK-MOTORSPORT SHALL AT ITS SOLE DISCRETION FIX, REPLACE OR REPAIR FAULTY COMPONENTS, PARTS OR WORKMANSHIP IN GOODS TO ORIGINAL SPECIFICATION (ITEMS MAY BE REMANUFACTURED OR REFURBISHED), WHICH SHALL BE COVERED FOR REMAINDER OF WARRANTY PERIOD. HOWEVER, THIS WARRANTY SHALL NOT COVER DAMAGES DUE TO FORCE MAJEURE, ABUSE/MISUSE BY USER, ACCIDENT, UNAUTHORIZED MODIFICATION, FAILURE TO FOLLOW INSTRUCTIONS SUPPLIED WITH GOODS, REPAIRS/ATTEMPTED REPAIRS BY ANYONE NOT AUTHORIZED BY BK-MOTORSPORT, SHIPMENT, INSTALLATION OR REMOVAL, ELECTRIC POWER FLUCTUATIONS, SUPPLIES OR PARTS NOT MEETING BK-MOTORSPORT SPECIFICATIONS, NORMAL WEAR & TEAR, FAILURE TO PERFORM REQUIRED MAINTENANCE, OR ANY OTHER CAUSE NOT RELATED TO PRODUCT DEFECT. BK-MOTORSPORT MAKES NO OTHER WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, REGARDING GOODS AND DISCLAIMS ANY OTHER WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL BK-MOTORSPORT BE LIABLE TO CUSTOMER OR 3RD PARTY FOR DAMAGES INCLUDING BUT NOT LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS/ SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SALE, USE OR INABILITY TO USE GOODS OR REMOVAL, INSTALLATION OR SET-UP CHARGES.
- Liability Disclaimer Except for warranty above, no language in any BK-MOTORSPORT catalog, manual or other document relating to Goods shall be construed as an admission of fault or liability by BK-MOTORSPORT if any mechanical or other defect results in injury to property or person.
- Use of Goods, Indemnity BK-MOTORSPORT has no control over Customer’s use or operation of Goods. Customer assumes all responsibility & risk associated with use and operation of Goods and agrees to indemnify, defend and hold BK-MOTORSPORT harmless from all claims, losses, damages or injuries (including court costs & attorney or associated with Customer’s or any 3rd party use or inability to use goods.
- Notice Any notice, request, demand or communication under these Terms and Conditions shall be in writing to address listed on invoice and shall be effective immediately on personal delivery, or e-mail; 2-days later if sent by express mail; and 5- days later if sent by U.S. mail.
- Governing Law, Arbitration & Attorneys Fees These Terms and Conditions, and all sales of Goods shall be governed by California law without regard to its choice of law rules. Any dispute relating to these Terms and Conditions or sale of Goods shall be resolved by final binding arbitration by a single retired judge or justice at JAMS (pursuant to its commercial arbitration rules). The parties stipulate to exclusive jurisdiction and venue in Orange County, California. The prevailing party in arbitration shall be entitled to recover their attorney’s fees and costs.
a. The Terms and Conditions are binding on the parties, their successors & assigns and may only be modified in a writing signed by both parties.
b. The Terms and Conditions constitute the entire agreement between the parties as to the subject matter hereof & supersede all prior oral or written representations or agreements that may have been made by either party.
c. No waiver of full performance by either party shall be construed or operate as a waiver of any present or future default or breach of any provisions of these Terms and Conditions. If a provision is held invalid or unenforceable, it shall not affect the remaining provisions herein.