CV Performance Terms and Conditions of Sale

Special Note regarding USPS shipping: All deliveries are subject to USPS delivery times and we cannot control delays due to circumstances beyond our control. Once we ship an item it is in the hands of the postal service. CV Performance makes no claim or guarantee as to delivery times. The Delivery Confirmation number supplied with all packages does not always supply end to end tracking, and the postal service is not required to post updates until the package is delivered. Please do not select the free shipping option if you require delivery in less than 7 days.

Priority Mail shipping should be selected at checkout where delivery times of less than 7 days are required. 

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.

THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH CV PERFORMANCE. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).


Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and CV Performance. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "CV Performance" shall relate to CV Performance and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and CV Performance relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by CV Performance. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting CV Performance at the address provided below.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN DADE COUNTY, FLORIDA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Purchased goods; Risk of Loss
Goods herein being purchased remain the property of the seller until goods are paid for in full by the purchaser and at that time goods pass to the purchaser. Loss or damage that occurs during shipping by a carrier selected by CV Performance is CV Performance's responsibility. Loss or damage that occurs after delivery confirmation is made by the carrier is Customer's responsibility. Title to software will remain with the applicable licensor(s).


General Legal Disclaimer
CV PERFORMANCE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY CV PERFORMANCE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Third-Party Product Disclaimer
Any product sold by CV Performance from a third party are subject to the warranties and representations of the applicable manufacturers. Accordingly, CV Performance makes no representation or warranty with respect to any third-party products sold.

Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, CV Performance reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While CV Performance uses reasonable efforts to include accurate and up-to-date information on the Site, CV Performance makes no warranties or representations as to the Site's accuracy. CV Performance assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability
CV PERFORMANCE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CV PERFORMANCE WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, CV PERFORMANCE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), CV Performance's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Chicago, Illinois. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon CV Performance until accepted by CV Performance. Terms of payment are within CV Performance's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. CV Performance may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.

Freight Policy
Shipping and handling charges on all orders vary; contact CV Performance for our most current rates. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. Where an alternative shipping address is specified by the Customer, CV Performance shall not be responsible for shipping errors, loss, or damages. In some circumstances, international shipping may be available. Note that all deliveries are subject to USPS delivery times and we cannot control delays due to circumstances beyond our control. Once we ship an item it is in the hands of the postal service. CV Performance makes no claim or guarantee as to delivery times. Please do not select the free shipping option if you require delivery in less than 7 days.

Return Policy

• CV Performance's return policy applies only to defective or damaged products. For further information please contact CV Performance.
• Please contact CV Performance to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when emailing for an RMA number: customer name, order number, and nature of the problem. Items purchased through an authorized reseller must be returned to the point of sale. Resellers and authorized dealers reserve the right to enforce their own return policies, which shall not override the policies of CV Performance.
• All products returned MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original labels, and contain all manuals as originally supplied.
• You are responsible for shipping charges on returned items; CV Performance will match your shipping method on your replacement or exchange item(s).
• CV Performance strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
• If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for CV Performance to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify CV Performance immediately. If you do not notify CV Performance of damaged goods within the first 5 days of receipt, we reserve the right to deny any return claim.
• DEFECTIVE returns should be returned to the point of original sale within 10 days from the invoice date. All returns to CV Performance will be at our discretion for: replacement, exchange or repair.
• Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 10 days, all manufacturers' warranties apply.
• NON-DEFECTIVE returns (by special arrangement) can be accepted directly by CV Performance within 30 days of the invoice date. All NON-DEFECTIVE returns if authorized by special arrangement will be subject to a 15 percent restocking fee.
• Due to manufacturers' policies, return acceptance of the following brands may require additional inspection and authorization: CyclePro LLC products, Hawk products, or gasket and seal products. DEFECTIVE merchandise can be returned for REPAIR OR EXCHANGE ONLY. Additional manufacturers may be added to this list as manufacturer policies change, manufacturer business status changes, or in the case of specially ordered items.
• CV Performance reserves the right to authorize product returns beyond 15 days from the invoice date only under special circumstances. IF the product is accepted after 15 days, replacement or credit will be issued toward FUTURE PURCHASES ONLY. Any credit will expire after 30 days of issuance. Original shipping charges are not refunded nor credited on returned items. Customers are responsible for all shipping charges back to CV Performance on returned items, and CV Performance will pay the shipping charges on the replacement item(s) going back to the original customer only.

Check payment policy
CV Performance will accept a cashiers check or money order on all COD orders. CV Performance will accept personal and business checks for prepay orders, but allow 10 business days for clearing. Orders paid by check will only ship after funds have cleared. Other payment options and terms are at the discretion of CV Performance.

Credit Cards
Credit card or debit card charges are processed online after ordering products. Seller utilizes a third-party payment processor for security purposes and never has access to personal payment information. CV Performance does not apply any surcharge for credit card transactions.

Contacting CV Performance

CV Performance
1430 S. Grand Ave #299
Glendora, CA 91740
Telephone:   1-800-473-1287
Fax:   1-626-914-1875
E-mail:   info@cv-performance.com