TERMS AND CONDITIONS OF SALE

The terms and conditions contained herein constitute the entire agreement ("Agreement") between Versus Motorsport ("Seller") and Buyer with respect to automotive products and parts ("Goods").

1. Terms of Use: Seller and Buyer agree to abide by the policies, terms and conditions set forth below. By signing this agreement, Buyer agrees to the terms and conditions of sale. Seller reserves the right, at any time, to modify, alter, or update these Terms and Conditions of Sale, and you agree to be bound by such modifications, alterations, or updates.
2. Terms of Payment: All new Buyers shall prepay orders by cashiers check, money order, credit card or quick collect. Personal or company checks shall not be accepted. New accounts shall be on prepayment terms until their account is reviewed, approved and finalized. Once finalized, those accounts shall be placed on C.O.D.
3. Price Determination: Seller reserves the right, at any time, to modify or update the price of goods without notice and all changes shall become effective and binding upon subsequent orders placed after a price modification or update.
   1. Typographical Errors: In the event a product is listed at an incorrect price due to a typographical error or error in pricing, Seller shall have the right to refuse or cancel any such order whether or not the order has been confirmed.
4. Manner of Order: All orders shall be by FAX or INTERNET/ E-MAIL/ PRINT ONLY. Seller shall not be liable for any errors occurring through orders placed verbally.
5. Shipping: All orders are processed upon receipt. Actual shipping time is contingent upon availability of merchandise. No orders are processed or shipped on Saturdays or Sundays and federal holidays. In the event of delays, every effort will be made to contact you by email, facsimile, or telephone. If the delay is due to backorder, you will receive notice by phone or email and be given the choice to remain on backorder, substitute to another item, or cancel your order.
6. Special Orders: Special orders are deemed completed subsequent to the processing of Buyer's order. Special order items cannot be cancelled or returned.
7. Backorders: In accordance with paragraph 5 above, if Seller is unable to immediately fill the entire order, Seller shall notify Buyer, and if Buyer so requests, Seller shall ship those Goods in stock as an accommodation to the Buyer's order. The balance of the order shall be placed on backorder and the Goods shall be sent to Buyer unless otherwise directed by Buyer. All back orders must be cancelled by Buyer or otherwise will automatically be shipped upon availability.
8. Shipment/Deliveries: All shipping dates given by Seller are approximate only. Deliveries may be subject to delay due to, but not limited to, acts of God, strikes, labor difficulties, fire, delay or defaults of common carriers or any other delays beyond Seller's reasonable control, and Seller shall not be liable for any loss or damage arising therefrom. Seller represents that it possesses the skill to properly package the Goods being shipped. All Goods damaged in transit are not the responsibility of Seller.
9. Risk of Loss: Risk of loss of the Goods shall pass to Buyer once the Goods are shipped to Buyer. Buyer may choose the freight company for delivery. All claims are to be made with the corresponding freight or shipping company. Any delivery not in dispute shall be paid in full regardless of controversies relating to other delivered or undelivered Goods. Buyer shall be responsible for inspecting the Goods upon delivery. Buyer shall be responsible for additional freight charges if Buyer is not available at time of delivery of Goods.
10. Warranties: Seller warrants all Goods of the manufacturer are free from manufacturer's defects due to imperfect material or workmanship. DISCLAIMER OF ALL WARRANTIES: THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT. WITH THIS AGREEMENT, SELLER EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
    1. All information, services, products, and materials contained in this site, including test, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Seller disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
11. Returns Policy: Inspect your shipment upon arrival. Report any damage or shipping related breakage immediately to the carrier. All damaged or defective Goods must be returned within 10 days after being delivered in order to receive a refund. Any items received after 10 days, or without approval from Seller, shall be refused and returned to Buyer at Buyer's expense. Buyer shall have no claim in respect of any defect which should have been apparent on a reasonable examination of the Goods. All returns shall be in an unused, unaltered, and unpainted condition. All returns shall be sent shipping prepaid. Any returns sent freight collect or COD shall be refused and returned to the Buyer at Buyer's expense. All items shall be included with the Goods and returned to Seller. All Goods must be carefully packed in original packing [or better if the original packing is no longer useable] along with all warranty cards, manuals, and accessories, if applicable. Any discrepancies may result in delay or partial forfeiture of your credit. No Goods may be returned to Seller unless Buyer has notified Seller of the reasons of the proposed return. Buyer is advised to insure the returned goods for their full value since Seller shall not be liable for any damage or loss in shipment. Refunds shall not be issued on returned merchandise damaged in transit. In the event returned Goods are received damaged, Seller shall file a claim with the carrier and refund the Buyer upon settlement of the claim. Any returns are subject to a twenty-five percent (25%) restocking fee.
12. Limitation of Damages: Buyer's exclusive remedy for breach of contract or warranty shall be limited to the price of the Goods only. In the event of a breach or repudiation of this Agreement by Seller, Buyer shall not be entitled to recover any incidental or consequential damages as such terms are defined in the Uniform Commercial Code.
13. Performance Goods: Seller is engaged in the selling of after-market automotive Goods and Buyer hereby warrants and represents that it has the knowledge and expertise related to said after-market automotive Goods. Seller is not liable for any misconceptions, misunderstandings or disappointments associated with, related to or concerning said Goods.
14. Bodykits: Fiberglass body kits are sold "AS IS" and Buyer shall be solely responsible for the use and/or installation of the bodykit. Bodykits may need modification for the proper fitting on one's vehicle. Bodykits shall only be installed by skilled professional body shops or technicians .
15. Taxes: The amount of present or future sales, revenue, excise, or other taxes applicable to the Goods listed herein shall be added to the purchase price and shall be paid by Buyer, or in the alternative, Buyer shall provide Seller with a tax exemption certificate that complies with taxing authority requirements.
16. Late Payments: In the event that any payments under this Agreement are not paid when due by Buyer, the overdue payment is subject to interest at the rate of 18% per annum from the date that the payment became delinquent.
17. Collection Costs: You agree to pay all collection costs associated with collecting the amount you owe under this Agreement, including court costs and reasonable attorney fees.
18. Credit Cards: All credit card transactions will be subject to a 3% invoice fee.
19. Authority of Seller's Agents: No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning the Goods. Unless an affirmation, representation or warranty is specifically included within this acknowledgement, it has not formed part of the basis of this bargain and shall not be in any way enforceable.
20. Assignment/Delegation: Buyer shall assign no right or interest in this Agreement without Seller's written consent. Any attempted assignment without such consent shall be wholly void and ineffective for all purposes.
21. Default: On any default or breach of this Agreement by Buyer, Seller, at its option, by giving written notice to Buyer of its election to do so, may, as to this Agreement and such other agreements as may exist between Buyer and Seller: (1). cancel any and/or all agreements; and/or (2). defer shipment or delivery of all or any part until such default or breach is cured; and/or (3). cancel any undelivered portions thereof and/or demand immediate payment of all amounts owed Seller under the agreements. If Seller elects to cancel, Seller may sell all or part of the delivered Goods without notice to Buyer, except as may be required by law (and in such event five (5) days notice shall be deemed reasonable notice under the circumstances) at public or private sale, holding Buyer liable for any damages or financial loss including incidental expenses and attorney's fees resulting to Seller by reason of Buyer's default or breach. Seller shall not be limited in its rights and remedies against Buyer for any cause whatsoever to those remedies set forth herein, but shall have such other rights and remedies as may be available to it under the California Commercial Code or any other applicable laws. The duty of the Buyer is to accept and pay in accordance with the terms of this Agreement.
22. Termination: Seller shall have the absolute right to cancel and refuse to complete this Agreement without notice (1) at any time, if any of terms and conditions governing this Agreement are not strictly complied with by Buyer or (2) in the event Buyer's financial condition or responsibility becomes unsatisfactory to Seller, Seller shall have the right to seek adequate assurances, in writing, from Buyer to secure due performance. If Seller cancels this Agreement, Buyer shall reimburse Seller for all actual expenditures, commitments, liabilities and costs made or incurred with respect to any Goods ordered but not yet paid for by Buyer, plus loss of profit, less any net recovery to Seller on disposition of such Goods to others within a period of thirty (30) days after the cancellation. If Buyer cancels this Agreement, Seller may retain all or a portion of any down payment or deposit to cover the costs and expenses incurred due to such cancellation.
23. Attorney Fees: If any party to this Agreement resorts to legal action to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to any other relief to which they may be entitled. This provision applies to the entire Agreement.
24. Waiver: Except as may be expressly provided in a writing signed by the parties to this Agreement, the failure or delay of either party to this Agreement to insist in any instance on strict performance of any provision of this Agreement shall not be construed as a waiver of that provision or the relinquishment of any rights under that provision in the future, but the provision shall continue and remain in full force and effect.
25. Severability: Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or unenforceability and only as to such jurisdiction without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of these terms or provisions in any other jurisdiction.
26. Modification: This Agreement may not be modified or rescinded except by express written agreement signed by both of the parties.
27. Indemnification: Buyer hereby agrees to defend, indemnify, protect and hold Seller, its parent, subsidiary and affiliated entities, as well as each officer, director, employee, representative, agent, dealer, successor and permitted assign of any of the above harmless from and against any and all expenses, damages, claims, demands, suits, losses, actions, judgments, proceedings, liabilities and costs whatsoever arising out of: (i). Buyer's breach, misrepresentation or non-performance under this Agreement; or (ii). Negligence or willful misconduct of Buyer or its agents and employees which arise out of Buyer's performance or non-performance under the terms of this Agreement; or (iii). An accident, injury, property damage or death that in any manner relates to this Agreement, including, without limitation, those actions or other liabilities to third persons and their heirs, legal representatives, successors and assigns; or (iv). Buyer's failure to comply with any and all federal, state, local laws, rules, and/or regulations; or (v). Any payment owed by Buyer to persons or entities benefiting from this Agreement; or (vi). All other activities of Buyer reasonably connected with this Agreement.
28. Governing Law: The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the law of California. The parties specifically agree to submit to the jurisdiction of the courts of California, with venue in Los Angeles County.
29. Miscellaneous:
    1. Some automotive Goods for sale by Seller have been designed and are intended for off-highway application only. Federal and/or State laws may prohibit the removal, modification, or rendering inoperable of any device or element of design or performance 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 Goods or performance parts may void the warranty coverage, if any, on the vehicle. Vehicles modified by use of Goods or performance parts may no longer be lawfully used on public highways. All aftermarket hoods require hood pins, and are for off-highway application only.
    2. Except as otherwise specifically set forth herein, all Goods are sold "as-is"; neither Seller nor any agent or employee on its behalf, has made any warranties, express or implied, of any kind except as otherwise specifically set forth herein. Seller SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF PROFIT OF ANY KIND.
    3. Goods originating from Seller shall not be duplicated or reproduced by Buyer's employees or agents.
30. Manner of Execution: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
31. Acceptance of Facsimile Signatures: The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement shall be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature shall be treated in all respects as having the same effect as an original signature.