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| Terms and Conditions |
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Section A. Terms of Use
- Acceptance of Terms of Use.
This website (this "Site") has been developed by Ballenger Motorsports, Inc.
By accessing and using this Site, you agree to abide by these terms and conditions of use ("Terms of Use"). If you do not agree to abide by
these Terms of Use, do not use this Site. Ballenger Motorsports reserves the right to modify these Terms of Use from time to time in its sole discretion
by updating this page. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to
determine the then current Terms of Use. In case of any violation of these Terms of Use, Ballenger Motorsports reserves the right to seek all remedies
available at law and in equity for such violations.
- Restrictions on Use of Content.
All contents of this Site are protected by applicable law, including, without limitation,
United States copyright law and international treaties. Except as otherwise expressly permitted herein, no portion of the
materials on this Site may be reproduced in any form or manner without the prior written permission of Ballenger Motorsports. You are not
permitted to modify, distribute, publish, transmit or create derivative works of any materials found on this Site for any public
or commercial purposes. No rights or license of any kind of Ballenger Motorsports's intellectual property are transferred to, granted to,
provided to or received by you because of your use of this Site. Ballenger Motorsports may change, delete or add to the contents of this
Site in Ballenger Motorsports's sole discretion.
- Compliance With Applicable Laws.
Your access to and use of this Site is governed by all applicable federal, state, local and
international laws. All information available on this Site is subject to United States export control laws and may also be subject
to the export/import or other applicable laws of the country where you reside. This Site is operated and controlled by Ballenger Motorsports
from its offices within the United States. Ballenger Motorsports makes no representations that the contents of this Site are appropriate or
available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. If you
access this Site from locations outside of the United States, you do so at your own initiative and are responsible for compliance
with all applicable local laws.
- Disclaimers.
This Site may contain inaccuracies and typographical errors. Ballenger Motorsports does not warrant the accuracy, adequacy, completeness,
legality, reliability or usefulness of any materials, statements, opinions, advice or other information on this Site. Any reliance on such
information shall be at your own risk. Any reference on this Site to any specific third party or third party commercial product, process
or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or favoring by
Ballenger Motorsports. Links from this Site to other third party websites do not constitute an endorsement from Ballenger Motorsports and are provided for informational
purposes only. It is your responsibility to evaluate the content and usefulness of any materials or information obtained from this and other
websites. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Ballenger Motorsports DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Please note that some jurisdictions do not allow the exclusions
of implied warranties so some or all of the above exclusions may not apply to you. Ballenger Motorsports SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL
OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS OR LOSS OR DAMAGE TO DATA ARISING OUT OF
THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE, EVEN IF Ballenger Motorsports HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, THOSE
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
Section B. Returns / Warranty
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Oxygen Sensors
Return for refund within: 30 days ONLY in new condition
Oxygen sensors may only be returned for a refund prior to being used. All returns require an RMA (Return Merchandise Authorization) number. All items returned for a refund are subject to a 15% restocking fee. Unopened items returned within 30 days may be exempt from this restocking fee. Shipping charges will not be refunded.
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Standard
Return for refund within: 30 days
Return for replacement within: 1 year
This is our Detailed Standard Return Policy. Unless another return policy is indicated, products sold by Ballenger Motorsports, Inc. are covered by this Standard Return Policy. Merchandise under this Standard Return Policy may be returned a) within 30 days of the original invoice date for a refund, or b) within one year of the original invoice date for a replacement of the same item. All returns require an RMA (Return Merchandise Authorization) number. All items returned for a refund are subject to a 15% restocking fee. Unopened items returned within 30 days may be exempt from this restocking fee. Shipping charges will not be refunded. Many manufacturers offer additional factory coverage. With regard to such, you should contact the manufacturer of your item directly for information regarding eligibility and specific Terms and Conditions. Due to the time and cost involved in processing an RMA we will not issue an RMA for a return in which the product was not defective for a refund amount less than $5.00.
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Open-Box
Return for refund within: 15 days
Return for replacement within: non-replaceable
This is our Detailed Open Box Item Return Policy. Ballenger Motorsports, Inc. sells some items that are listed as “open-box.” Because these items are sold at greatly reduced prices, they bear this limited 15-day refund-only return policy through Ballenger Motorsports, Inc.. Such items can only be returned within 15 days of the applicable invoice date. Ballenger Motorsports, Inc. cannot provide replacement service for these items, as their stock is limited. The entire risk as to the quality and performance of these items is with the buyer. These items have been tested for functionality, but may have superficial physical defects including (but not limited to) scratches, dings or dents. Should these items prove defective following their purchase, the buyer (not the manufacturer, distributor, or Ballenger Motorsports, Inc.) assumes the entire cost of all necessary servicing or repairs, unless otherwise required by law. These items are not covered by any 30-day satisfaction guarantee.
Section C. Privacy
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Information Collection and Use
Ballenger Motorsports, Inc. and its partners who directly influence your purchase are the sole owner of information collected on this site.
We will not sell, share, or rent this information to any outside parties, except as outlined in this policy. We collect information from our
customers to process orders and better serve you with pertinent information, such as order confirmations
and order status updates. Information collected includes your name, shipping address, billing address,
telephone numbers, e-mail address, and payment information such as your credit card number. We also require
you to submit a username and password of your choice for your future access to your account information. To
safeguard that your user name and password remain confidential, DO NOT share this information with anyone.
If you elect to receive our newsletter or special promotions, your contact information will be used for the
delivery of these items.
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Registration
In order to process your orders placed on this website, you must first complete the registration form. During
registration, you will be required to provide your contact information, which includes your name, e-mail address,
telephone number and street address. This information is used to provide you with important Ballenger Motorsports, Inc. services
such as automated order status updates via e-mail.
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Order
Most of the information collected in the registration process will be used to process orders. During the order
process, you will have to provide financial information such as your credit card number, expiration date, money
order, wire transfer or check information. This information is used for billing purposes and to fulfill your order.
If we have trouble processing an order, we will use this contact information to get in touch with you.
Section D. Net Terms / Purchase Orders
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Opening a Net Terms Account
To open a Net Terms Account so that you may place orders using the Purchase Order method at checkout Ballenger Motorsports, Inc. requires our credit application form to be completed and faxed to (804) 433-3825. To apply for net terms your first order must consist of a minimum of $400.00 USD in parts. Your application involves providing 3 bank and 1 trade references along with your Dun and Bradstreet (DUNS) number. The form may be downloaded using the following URL:
http://www.bmotorsports.com/download/pdf/BMSP_Credit_Application.pdf
A time period of up to one week may be required to verify your credit information and approve your credit limit. If we believe the information provided is inaccurate we may require additional time to contact you so that we may receive corrected information. The quickest route to approval is through your DUNS number so please ensure that is provided.
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Conditions
Invoices must be paid WITHIN the time extended to you, typically 15 or 30 days of the invoice date. Upon approval the time period in which the invoice must be paid will be provided to you.
Section E. Shipping & Billing Policies
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Cash On Delivery (COD) orders are only available to USA customers shipping via FedEx & UPS on our FedEx & UPS accounts. A Value-Added service fee of $11.00 per package being shipped will be added to your totals after checkout. This amount is to cover a flat rate fee for using COD by the delivery companies.
- All Brokerage, Customs and Duty charges are to be paid by the recipient of any Ballenger Motorsports shipment. UPS & FedEx ground services to Canada will include a brokerage fee. Failure to pay all charges from FedEx or UPS will result in an outstanding balance with FedEx or UPS and may result in legal action.
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