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    Weistec Terms & Conditions


    NOT LEGAL FOR SALE OR USE IN CALIFORNIA ON ANY POLLUTION CONTROLLED MOTOR VEHICLES

    Some Weistec Engineering performance upgrades, including exhaust products, are sold for race car use only, unless otherwise stated individually. All performance modifications and installations are at the customers own risk. Weistec Engineering holds no responsibility either implied or otherwise for mechanical, electrical or other failure when using any aftermarket performance products. Items sold for off-road use only are illegal in many states and countries and are intended for racing vehicles which may never be used on a public road.

    By purchasing any aftermarket performance product, the customer takes full responsibility for any use, and/or misuse of the product and agrees that Weistec Engineering holds no responsibility for any consequences, legal, or other, of such use and/or misuse.


     

    A. General

    1. The conditions stated hereinafter shall apply to all – even future – deliveries of goods and provisional services of Weistec
    Engineering (hereinafter referred to as “Weistec”). Conflicting General Terms and Conditions of the respective contractual partner are
    exclusively rejected. Such General Terms and Conditions of a contractual partner shall not bind us even if we did not object to them
    explicitly or if we provide goods or services without reservation although we know about contrary or deviating conditions.
    2. Deviations from our Delivery and Payment Conditions are therefore only binding, if they have been fixed in the respective contract
    in writing and have been confirmed in writing by us.
    3. The conditions stated hereinafter shall apply in general to all our contractual partners, i.e. all individuals or legal entities of
    associations of persons having legal capacity according to private law as well as legal entities of public law or public law special funds,
    regardless whether they are merchants as defined by Standards of Conduct in the International Civil Service or consumers as defined
    by the International Civil Service Board. Deviating special provisions, in particular for consumers, shall be set out specifically.

    B. Conclusion of contract

    Our offers remain subject to being sold. Conclusions of contract and other agreements, in particular oral collateral agreements and
    guarantees of employees or representatives, may be binding only with our written confirmation.

    C. Prices

    1. Our prices for deliveries are ex works, except as otherwise specified in our confirmation of order. Packing, freight, postage,
    insurance
    and delivery fees shall be charged separately.
    2. Prices for repairing, installation and other services are in principle chargeable with respect to the respective expense. However, man
    hours are chargeable with respect to the respective catalogue for working value in the event our respective price catalogue does not
    contain appropriate quotations. Respective decisive catalogue prices may be charged for employed parts.
    3. Price quotations in brochures and catalogues are only binding, provided such brochures and catalogues are still valid in the event
    of placing a purchase order and our confirmation of order does not state any deviations.
    4. Our respective stipulated gross prices shall be applicable for consumers. Statutory sales tax for price quotations are not included
    in business tradings with entrepreneurs or merchants. The statutory amount of such sales tax may be set out separately in the
    respective
    invoice.

    D. Conditions for payment

    1. Except as otherwise specified in our confirmation of order, our invoices shall be paid until the 5th of the following month, in which
    the invoice has been issued, without any deduction. Invoices for repairing and installations for earmarked vehicles as well as invoices
    for deliveries of vehicles shall be paid before or with collection of such vehicles. Payments by check shall be done by Cashiers check.
    2. In the event, the payment term pursuant to figure 1 sentence 1 is exceeded, the contractual partner will be in default. In such a case,
    we are entitled to charge interest amounting to 5 % over the discount rate of the United States Federal Reserve towards consumers
    and interest amounting to 8 % over the discount rate towards other customers. The assertion of further damages caused by default
    remains reserved.
    3. In case of part deliveries or part performances, Weistec is entitled to refuse the performance of services still to be rendered under the
    contract in the event of a delayed payment of the contractual partner until the outstanding balances are settled. Further, Weistec is
    entitled to demand cash on deliveries divergent to the provisions set forth in figure 1 regarding remaining services still to be provided.
    4. The non-observance of conditions for payment, occurrence of default or other circumstances minimizing the credit-worthiness of the
    contractual partner are entitling Weistec to accelerate immediate maturity of claims arising from current business relations.
    5. The contractual partner obtains the right to off set with counterclaims only in the event, such counterclaims have become res
    judicata,
    are uncontested or have been acknowledged by us. The contractual partner is only authorized to exercise a right of
    retention,
    if the counterclaim is based on the same contractual relation.

    E. Term and dates of delivery

    1. Terms and dates of delivery are only approximately information, provided that such terms and dates have been designated in
    writing
    and explicitly as binding. The term of delivery for purchase order commences the day of confirmation of order by us.
    However, the commencement shall not be effected before clarification of all technical and commercial details as well as
    presentation
    of permissions, if necessary. Any modifications regarding the delivery of the contractual object requested by the
    contractual
    partner within the term of delivery shall interrupt and extend the term of delivery accordingly. Term of delivery in
    connection
    with the execution of installation, repairing and commissioning contract shall not commence before confirmation of
    order and placing at the contractual partner’s disposal respectively availability of the vehicle to be executed with such works. As for
    the rest, the provisions as stipulated in sentences 2 and 3 apply correspondingly.
    2. In case of force majeure, such as delayed deliveries by the subcontractor, strike, lock-out, shortage of material, official actions as
    well as other acts of God, the respective term of delivery respectively term of performance shall be extended with the period
    between
    the commencement and the cessation of such event.
    3. In case of non-availability respectively non-performance of services caused by essential aggravation or impossibility, Weistec is entitled
    to rescind the contract without being committed to claims for damages, if Weistec has notified the respective contractual partner
    immediately about the non-availability of the contractual services and has undertaken simultaneously to compensate counterservices
    already collected. The contractual partner is authorized to demand a declaration whether we intend to rescind the contract or to deliver
    within a reasonable time limit after being notified about such occurrence. If we fail to provide such declaration, the contractual partner
    may rescind the contract. The contractual partner is not entitled to reject part deliveries or part performances, unless a legitimate interest
    for such rejection is given. Statutory claims of the contractual partner to be enforced in lieu of claims for damages or to be asserted
    simultaneously with a claim of damages remain unaffected.
    4. If Weistec is in default with contractual services, the contractual partner is obliged to grant in writing a reasonable period of grace for
    performance. In case the contractual object is not or not completely delivered within such period of grace respectively the services are
    not or not completely rendered, the contractual partner has the right to rescind the contract after expiration of such period with respect
    to deliveries and services, which have not been delivered until expiration of such period of grace. Insofar, in delivery tradings the
    dispatch of the goods is equivalent to the delivery. If the contractual partner suffers damages caused by a delayed delivery Weistec is
    liable for, Weistec shall compensate the resulting and provable injury. However, such compensation is limited to 5 % of the net
    price of the delayed or omitted delivery or performance, unless Weistec is liable for damages caused by intentionally or gross
    negligence. If the respective contractual partner not being a consumer asserts claims for damages in lieu of performance, such claims
    are excluded, unless Weistec is liable for damages caused by intentionally or gross negligence.
    5. W eistec shall be released from any observance of terms of delivery, if the contractual partner is in delay of payment of former
    orders or of part deliveries of an order, or fails to fulfil other contractual obligations.
    6. In case of dispatch, the day of dispatching the goods shall be considered as the date of delivery. In other cases, the day, on which
    the contractual partner receives notice about the readiness for dispatch, delivery or handing over of goods, shall be decisive.

    F. Dispatch/risk in the goods

    1. The goods may be dispatched to the contractual partner or any named third person at the expense of the contractual partner.
    2. In case of dispatching the goods, the risk in the goods passes to the contractual partner as soon as the goods have left the works of
    Weistec. In the event the goods shall be dispatched from a subsupplier directly to the contractual partner at the instigation of Weistec,
    the same applies correspondingly. These provisions are applicable for part deliveries or in case Weistec undertakes services of a
    different kind as well. They do not apply for consumers.
    3. In the event of delay of the dispatch due to circumstances which the contractual partner is liable for, the risk in the goods passes
    to the contractual partner upon the day of notice about the readiness for dispatch.
    4. W eistec is entitled to insure the goods against transportation risk at the expense of the contractual partner. Weistec is only
    obliged to insure the goods on the basis of a written agreement of the parties.
    5. Goods not being dispatched or other services may be received respectively collected from the contractual partner at the works of
    Weistec within seven days, at the latest, of being notified that the goods are ready for delivery respectively collection. In the event the
    contractual partner fails to collect the goods, Weistec is entitled to make use of its statutory rights.
    6. If Weistec claims damages, such compensation shall be amounting to 15 % of the purchase price of contracts regarding new and
    second hand cars and 20 % of the purchase price of contracts regarding spare parts or other services. The compensation shall be
    calculated higher or lower, if Weistec is able to furnish proofs of a higher damage or the contractual partner is able to furnish proofs of a
    lower damage.

    G. Warranties

    Weistec Limited Warranty

    H. Claims under guarantee

    1. Claims of a contractual partner based on violation of a guarantee only come into question, if Weistec has furnished expressly a
    guarantee of quality or tenability to the contractual partner and has designated the respective guarantee as such. The written
    confirmation can be replaced through handing over of written guarantee conditions formulated in advance.
    2. Aside from respective concrete promises of guarantee and/or guarantee conditions, the contractual partner is only authorized to
    claim damages relating to the violation of a guarantee, if the contractual partner has been insured through a guarantee against
    damages of the arising kind.

    I. General limitations of liability

    1. The liability of Weistec is exclusively determined by these conditions. All claims not being expressly acknowledged in these conditions,
    in particular even claims for damages based on impossibility, default, violation of contractual collateral duties (including advising and
    furnishing information), culpa in contrahendo, tort act – even if such claims are relating to claims of defects of the contractual partner –
    are excluded. This principle does not apply, if the claims are based on intentional or gross negligent act/omission of Weistec,
    respectively a legal representative or vicarious agent or based on the circumstance that Weistec, its legal representative or vicarious
    agent has violated negligently contractual cardinal obligations or has violated in other way substantial contractual obligations or on the
    circumstance that an intentional or negligent violation of life, person and/or health of a third person is given. Further, deviating
    imperative provisions of law for the benefit of consumers remain unaffected.
    2. All claims against Weistec, no matter based on which legal ground, are subject to, at the latest, a limitation period of one year, unless
    an intentional or fraudulent act of Weistec is given or a damage from injury to life, body or health due to negligent breach of duty by
    Weistec or its legal representative or a vicarious agent used to perform an obligation of the user or other damage arising from a
    grossly negligent breach of duty by Weistec or its legal representative or a vicarious agent used to perform an obligation of the user. In
    such cases, the provisions of law regarding limitation periods shall apply. Deviating imperative provisions of law for the benefit of
    consumers remain unaffected.
    3. Exclusions of liability according to these General Terms and Conditions shall not be applicable for claims relating to the Product
    Liability Act.

    J. Extended right of lien

    1. Weistec is entitled to a contractual right of lien on the object being in its possession due to the order because of its contract
    claims.
    2. The contractual right of lien can be asserted based on claims for prior executed works, deliveries of spare parts and other services
    as well, provided that such claims are related to the contractual object. The right of lien applies to other claims relating to this
    business connection, only if such claims are uncontested or have become res judicata and the contractual object is owned by the
    contractual partner.

    K. Retention of title

    1. Weistec retains title to the delivered goods until fulfilment of all claims against the contractual partner of the current business
    connection in full. The same shall apply, if the price for special deliveries designated by the contractual partner is paid. A processing
    and manufacturing may be done by Weistec. However, Weistec is not committed to such works and its title may not become extinct
    hereby. In the event the contractual partner consolidate the reserved goods with other goods, Weistec shall obtain joint ownership on
    the new object with regard to the invoice value of all consolidated goods. Insofar, the new object shall be considered as a reserved
    goods in the sense of these conditions.
    2. The contractual partner is entitled to sell the reserved goods in the proper course of business. Any other disposals are prohibited.
    3. All claims arising out of the use of the reserved goods shall be resigned to Weistec in advance. If the reserved goods are sold with other
    objects not being owned by Weistec or are used as material for the execution of contracts for work and services, the assignment of the
    reserved goods only covers such portion of revenue, which is equivalent to the portion of the joint ownership of Weistec with regard to
    the reserved goods.
    4. The contractual partner is only entitled to collect the resigned claims in the proper course of business.
    5. A ny intervention on the reserved goods or the resigned claims by any third person may be notified to Weistec by the
    contractual partner. The costs for such intervention shall be borne by the contractual partner.
    6. The authorization of the contractual partner to dispose of the reserved goods and to collect the resigned claims lapses in the event of
    non-observance of conditions of payment as well as in case of protests relating to bill andcheck. In such a case,Weistec is
    entitled to take possession of the reserved goods. The costs relating thereof shall be borne by the contractual partner. A rescission of the
    contract is only given in the event of taking back the goods, if such a case is expressly declared by Weistec. Upon request of Weistec,
    the contractual partner is, further, obliged to make available information and documents being needed by Weistec to assert the resigned
    claims.
    7. I n the event the value of securities of a debt being available to Weistec exceed more than 10 % of its claims, Weistec undertakes to
    release at its option the exceeded securities upon request of the contractual partner.

    L. Termination of contract for good cause

    Weistec has the right to withdraw from or terminate the contract in case of good cause which makes the continuation of the contract
    unacceptable, taking into account the interest of the other party. An important reason shall be in particular, if a substantial change of the
    financial situation of the other party or the value of security occurs or may occur.

    M. Scrap parts

    Parts being removed from vehicles (original or scrap parts) shall be taken over by the contractual partner within a time limit of 24 hours.
    After this period of time, Weistec does not take responsibility for the storage. A replacement is excluded. This provision does not apply for
    parts, which have been set off or passed into the ownership of Weistec in other way.

    N. Place of performance, place of jurisdiction, governing law

    1. T he place of performance for all deliveries and services of Weistec shall be the head office of Weistec.
    2. The place of jurisdiction shall be depending on the head office of Weistec. However, Weistec shall be entitled to sue a claim against
    the contractual partner at its head office or at another statutory permitted place of jurisdiction. The same applies to liabilities on a bill or
    on a check.
    3. The governing law for deliveries and services of Weistec shall be the laws of the United States of America, which is applicable between
    Unites States domestic parties. The application of the United Nations Convention on Contracts for the International Sales of Goods
    shall be excluded.
    4. The aforegoing figures 1-3 shall only be applicable, if the respective contractual partner is a merchant, a legal entity of public law
    or public law special funds.

    O. Personal data

    Weistec is entitled to record and to process personal data of the contractual partner through
    electronic data processing.

    P. Ineffectiveness

    The ineffectiveness of single conditions does not affect neither the validity of the contract nor the validity of the remaining conditions.
    General Terms and Conditions for Delivery, Payment
    and Commissioning of Weistec Engineering
    Stand

    Q. Return Policy

    All return requests must be made within 30 days from the date of receiving goods and are at the discretion of Weistec Engineering. To submit a Return Request please email rma@weistec.com. If approved, a restocking fee of 18% will be required for all products authorized for return. Special order and used items cannot be returned under any circumstance. Accepted returns will not receive a refund for the value of the initial outbound shipment of their item.  Customer is responsible for all return shipping expenses.

    R. Shipping errors and damaged goods as a result of shipping

    When shipments have been received, please inspect packages immediately in the presence of the delivery agent. Damage claims must be made with the freight carrier within 3 (three) days of receiving items. Weistec Engineering offers but does not automatically include shipping insurance on all orders and is not responsible for any damages incurred in transit regardless of whether shipping insurance was purchased or declined. If you receive an incorrect item due to our error we will issue a UPS Shipping Label at no charge for return shipping. Correct components will be reshipped via UPS Ground and you will be only charged for the parts that you ordered. When incorrect parts are received, a credit will be issued once the goods have been received at the Weistec Engineering facility in Orange County, California. Buyer has 7 days from date of shipment arriving to agreed location to make a claim.  Shipment arriving is based upon tracking number information provided by freight company.  No claims made after this time frame will be honored.  For any questions or concerns please contact Weistec Engineering at 714-202-0005 during normal business hours.