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01/01/07
TotallyMotorsports.com
Our Commitment To Your Privacy
TERMS OF AGREEMENT - The Agreement between Purchaser and Totally Motorsports shall consist of these Terms and Conditions and any specifications, or other written terms and conditions which are specifically incorporated in the Agreement. Any purchase order, acknowledgment of order by any means or other instrument of acceptance of the goods and services provided hereunder by Purchaser, shall be construed as an acceptance of this Agreement. Totally Motorsports hereby objects to any different or additional terms and conditions of Purchaser. In the event of conflict between these terms and conditions and other provisions specifically incorporated in writing in the Agreement by Totally Motorsports, the latter shall prevail unless otherwise specifically provided herein. The Agreement shall not be modified or altered by any subsequent course of performance between Purchaser and Totally Motorsports. In rendering any service hereunder, Totally Motorsports shall be an independent contractor.
MODIFICATIONS - Totally Motorsports reserves the right to change or modify the design of and construction of any of its products or the procedures and methods for any of its services without incurring any obligation to furnish or install such changes or modifications on products previously or subsequently sold or to use such procedures or methods with respect to services previously or subsequently provided. This means that availability of certain products or models my change thereby affecting allocation without notice to any purchaser.
WARRANTY - (A) Any manufacturers’ warranties, if any, shall pass through to Purchaser to the extent permitted by law; (B) THE EXPRESS WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. PURCHASER’S SOLE REMEDY IS ADDRESSED IN SECTION 12 AND Totally Motorsports’ SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN MATERIALS OR WORKMANSHIP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THIS SECTION.
LIMITATION OF LIABILITY - The liability of Totally Motorsports, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of Totally Motorsports’ obligations in connection with the design, manufacture, sale, delivery, storage, installation and/or use of the products sold under the Agreement, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services only. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.
CONTROLLING LAW - The Agreement shall be interpreted and governed in all respects by the laws of the State of California.
VENUE - Venue for any civil action relating to or arising out of the Agreement shall be exclusively in San Diego County, State of California.
01/01/07
TotallyMotorsports.com
Our Commitment To Your Privacy
TERMS OF AGREEMENT - The Agreement between Purchaser and Totally Motorsports shall consist of these Terms and Conditions and any specifications, or other written terms and conditions which are specifically incorporated in the Agreement. Any purchase order, acknowledgment of order by any means or other instrument of acceptance of the goods and services provided hereunder by Purchaser, shall be construed as an acceptance of this Agreement. Totally Motorsports hereby objects to any different or additional terms and conditions of Purchaser. In the event of conflict between these terms and conditions and other provisions specifically incorporated in writing in the Agreement by Totally Motorsports, the latter shall prevail unless otherwise specifically provided herein. The Agreement shall not be modified or altered by any subsequent course of performance between Purchaser and Totally Motorsports. In rendering any service hereunder, Totally Motorsports shall be an independent contractor.
MODIFICATIONS - Totally Motorsports reserves the right to change or modify the design of and construction of any of its products or the procedures and methods for any of its services without incurring any obligation to furnish or install such changes or modifications on products previously or subsequently sold or to use such procedures or methods with respect to services previously or subsequently provided. This means that availability of certain products or models my change thereby affecting allocation without notice to any purchaser.
WARRANTY - (A) Any manufacturers’ warranties, if any, shall pass through to Purchaser to the extent permitted by law; (B) THE EXPRESS WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. PURCHASER’S SOLE REMEDY IS ADDRESSED IN SECTION 12 AND Totally Motorsports’ SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN MATERIALS OR WORKMANSHIP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THIS SECTION.
LIMITATION OF LIABILITY - The liability of Totally Motorsports, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of Totally Motorsports’ obligations in connection with the design, manufacture, sale, delivery, storage, installation and/or use of the products sold under the Agreement, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services only. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.
CONTROLLING LAW - The Agreement shall be interpreted and governed in all respects by the laws of the State of California.
VENUE - Venue for any civil action relating to or arising out of the Agreement shall be exclusively in San Diego County, State of California.
