The purchaser is solely responsible for determining the suitability of any and all products purchased from TBM Brakes. Please note the following…
Disclaimer of Warranty
Purchasers understand and recognize that high performance or racing parts and equipment such as disc brakes, hubs, brake components, brackets, fluids, and all brake parts and services manufactured and/or sold by TBM Brakes® are exposed to many varied conditions due to the manner in which they are installed and used. Purchasers expressly acknowledge and fully understand that TBM Brakes® does not make any affirmation of fact or promise to Purchaser which relates to said parts, inventory, or services that becomes part of the basis of the deal with Purchasers. TBM Brakes® does not make or cause to be made, as a part of the deal with Purchasers, any description or affirmation of fact concerning any sample or model of racing parts, and equipment, inventory or service. Purchasers and TBM Brakes® consciously and without condition, desire to make their own deal, irrespective of any court decision and Purchasers agree upon good faith in consideration for being allowed to purchase from TBM Brakes® said parts or services.
As further consideration for Purchasers using TBM Brakes® racing parts and equipment or services, Purchasers acknowledge that due to the differing conditions and circumstances under which all equipment and parts are installed or used, Purchasers are not relying on TBM Brakes® skill or judgment to select or furnish the proper part or equipment. Purchasers expressly affirm that they are relying upon their own skill or judgment to select and purchase suitable parts. TBM Brakes® makes no warranties whatsoever, expressed or implied, oral or written, directly or indirectly to any Purchaser.
There is no warranty of merchantability made to Purchasers. TBM Brakes® further excludes any express or implied warranty of suitability with respect to racing and equipment, inventory, and/or service supplied by TBM Brakes®.
It is expressly understood and agreed that as part of the deal between the Purchasers and TBM Brakes®, and in consideration of doing business with each other, the Purchasers select and purchase, take and/or accept, said racing parts, equipment, or any inventory, or any services from TBM Brakes® “as is” and “with all faults”. TBM Brakes® shall always provide Purchasers with an opportunity to examine, at Purchasers’ request and convenience, any racing parts, and equipment, inventory, or services when Purchasers contemplate purchasing from TBM Brakes®.
In the event that Purchasers cause representations, or statements or affirmations of fact contrary to this disclaimer of warranties, expressed or implied, and other than gross negligence caused by TBM Brakes®, Purchasers agree to indemnify and hold harmless TBM Brakes® from any and all claims, losses, damages, or expenses incurred or suffered by the Purchaser.
Purchasers understand and agree that no officer, director, employee, agent, salesman, or representative of TBM Brakes®, Inc. has any authority to make any statements contrary to the terms of this agreement. TBM Brakes® repudiates and denies any statement contrary to what is herein above written.
This Disclaimer shall be governed by and construed in accordance with the laws of the State of California.
Terms & Conditions
AGREEMENT By ordering or accepting the goods described herein, Buyer agrees to the terms and conditions set for herein and in any attachments hereto, none of which may be added to, modified, superseded or otherwise altered except by a written instrument signed by an authorized representative of Seller and delivered to Buyer. Any different or additional terms in Buyer’s acknowledgement, purchase order or other document of buyer are hereby rejected.
RISK OF LOSS Title to all products sold, and risk of their damage or loss in transit, passes to buyer on delivery to the initial carrier. In the event of damage or loss in transit, buyer must give immediate written notice to the carrier’s agent at destination and to Seller. Within 30 days after receipt of goods, Seller must be notified of any claims for shortage, errors in shipment or errors in charges. All orders are shipped by U.P.S. ground unless otherwise specified
CANCELLATIONS Cancellations by the Buyer shall be by mutual agreement in writing, based on any adjustment necessary to cover labor expended, material procured, processed or partly processed, and reasonable overhead expenses applicable thereto.
TAXES Buyer shall pay any present or future sales, use or excise taxes, whether Federal, State, Municipal, with respect to the goods sold or measured by the receipts there from, and if not collected at the time of payment, Buyer will hold Seller harmless. All California sales are subject to the current California sales tax, unless resale card is on file.
LATE PENALTY All unpaid items will be charged a 1 ½% per month late penalty beginning the second month following delivery of shipment, such charges not to exceed the maximum charge permitted by law.
TERMS All sales are C.O.D. or cash with order and are F.O.B. our factory. There are no freight allowances. Special orders require a non-refundable 50% deposit with the order.
PRICES TBM Brakes reserves the right to change prices and product specifications without notice.
RETURNS Special order parts are not returnable. All other returns must be authorized by the factory and a return authorization (RA) number marked on the return, or they will not be accepted. Returns must be new and in original packaging to be accepted. Returns that are accepted, are subject to a 25% restocking charge. No returns after 30 days of shipment
SHIPPING Your Entire Order, Regardless of Size or Weight Ships for $12.95. $ 12.95 shipping is only available to racer net and factory support customers in the United States and Canada. OEM, W/D and Dealer pricing levels will be billed at actual. Orders from outside the US will be billed at actual. $ 12.95 shipping includes ground service via common carrier only. Carrier at TBM’s discretion. Premium shipping (next day, 2-day, etc) will be billed at actual. Product will ship in 3-4 days of payment.
Customers are responsible for any customs fees imposed by their respective country.