Terms of
Use of the www.newsouthperformance.com web site
NewSouth Performance LLC makes available
for your use on this web site information and documents subject
to the terms and conditions set forth in this document. By accessing
this web site, you agree to the Terms of Use. NewSouth Performance
LLC may change the terms of use any time. Please read this page
carefully before using this web site.
Copyright
All site design, text, graphics, interfaces
and the selection/arrangements thereof are copyright ©2001-2003
NewSouth Performance LLC. You may download, view, copy or print
materials and graphics incorporated in the materials subject to
the following: (1) you can use the materials only for personal,
informational, internal, non-commercial purposes; (2) the copyright
notice set forth on each page of this web site must appear on
each downloaded or copied page of any materials; and (3) you cannot
modify the materials in any way.
Trademarks
newsouthperformance.com, the NewSouth Performance
logo, NoBuzz, PowerGasket, ColumnPod and TurboPod are trademarks
of NewSouth Performance LLC. All other company, product, or service
names references in this web site are used for identification
purposes only and may be trademarks of their respective owners.
Links
to Third Parties
This
web site may contain hyperlinks to web sites controlled by parties
other than NewSouth Performance LLC. NewSouth Performance LLC
is not responsible for and does not endorse or accept responsibility
for the contents or use of these web sites.
Disclaimers
The materials posted on this web site
could include technical or other mistakes or inaccuracies. NewSouth
Performance LLC disclaims all warranties and makes no representations
regarding the quality, accuracy, completeness or suitability of
the materials on this or any other web site, and disclaims any
duty to keep this information current or accurate. In particular,
NewSouth Performance LLC makes no representation or warranty that
any customer or potential customer will achieve the same performance
results that are reflected in any case study or success story
or materials contained on this web site. NewSouth Performance
LLC may change any information on this web site or any product
or service described on this web site, including functionality
or performance thereof, any time without notice.
Term and Conditions
All orders placed
with NewSouth Performance LLC (phone, fax, mail, internet/web
& email) constitute the acknowledgement and acceptance of
all conditions listed below.
All parts shall remain the property of NewSouth
Performance LLC until paid for in full. All orders shipped to
a North Carolina Address must pay 7% North Carolina Sales Tax.
In the event that an order placed on the web does not calculate
sales tax and the order is being shipped to a North Carolina Address,
NewSouth Performance LLC will calculate the sales tax when the
order is processed. In most cases, the customer will be notified
of the adjustment. All prices, materials, design, color, contents
included with a product, and product specifications are subject
to change without notice. Some product images may be shown with
optional items that are sold separately.
NewSouth Performance reserves the right to change
the method of shipping suited to the product(s) ordered and the
destination of the package(s). All Credit Card Orders can only
be shipped to a verified Billing Address. Credit Card Orders will
not be shipped until all information are verified and matched.
All other orders (Check, Money Order, & PayPal) will not be
shipped until payment has been received in full. NewSouth Performance is not liable for lost or stolen shipments.
A 20% RESTOCKING FEE will be assessed on all Returned
Item(s), Refused Shipments, and Canceled Orders that have been
Shipped. Shipping Charges are NON-REFUNDABLE. All returned merchandise
must be unused and in its original saleable packaging. Returned
items will only be accepted if the items are returned to NewSouth
Performance LLC within 14 Calendar Days of the Invoice Date.
Return for exchange or refund will be allowed only
within 14 calendar days from the date of receipt. All authorized
return merchandise must be unused and in its original saleable
packaging. No return or exchange on merchandise that shows signs
of having been installed, modified, mounted, scratched, or defaced
will be allowed.
RETURN AUTHORIZATION NUMBER must be issued before
any returns can be made. We will not accept any returns without
this number. Please write the number clearly on the outside of
your returning package and tag the item(s) inside with your name
and R.A. Number. The Return Authorization Number does not imply
a replacement or refund, but only that we will inspect the merchandise
based on your claim. Returns must be sent freight prepaid and
insured by you. A refund or exchange will not be considered until
all relevant items, hardware, and accessories have been returned
to NewSouth Performance LLC. Original shipping and handling charges
are not refundable. All custom entry fees and duty associated
with any return or exchanges will be charged to the customer.
A photocopy of your invoice showing the invoice number must accompany
your return along with a written explanation and a contact telephone
number where we may be able to reach you. It is the responsibility
of the customer/installer to verify the correctness of size and
application of all parts before installation.
Shortage claims must be made within 5 working days
of receipt date. All claims for damaged merchandise must be made
with the shipping carrier. Do not use or install mechandise until
inspected by shipping carrier. Please keep all shipping cartons
and all packing materials for carrier inspection. NewSouth Performance
LLC cannot initiate any claims with the carrier. A 20% handling
fee will be assessed on all authorized returns. All special orders
(personalized/specially fitted) items must be paid in full at
the time of order. No cancellations, refunds, or exchanges on
special order items or custom order items. Any refused shipments
sent back to NewSouth Performance LLC does not constitute the
right to a refund or credit. It is the customer's responsibility
to make all arrangements with NewSouth Performance LLC for refused
shipments. It is company policy to charge the customer all freight
charges associated with the shipment and a 20% restocking fee
on all products shipped.
Limitation
of Liability
In no event
will NewSouth Performance LLC be liable for any special, incidental,
or consequential damages resulting from possession, use or malfunction
of any NewSouth Performance product. We make no claims as to emission
performance for street or highway use. Some equipment is not sold
for street use in any state or country where state or federal
regulations prohibit its use. Some items listed in the online
catalog are intended for off road use only. NewSouth Performance
LLC does not make any claims of street legal use of these products
which are not intended for use on public roads.
User assumes all costs and risks associated with these and all
other items. All materials are provided "as is" without
warranty or any kind, express or implied, including warranties
of merchantability, fitness for a particular purpose, title and
non infringement.
In
no event will NewSouth Performance LLC be liable for any damage
whatsoever (including without limitation damages relating to lost
revenues or profits, lost data, work stoppage, computer failure
or malfunction) resulting from or in any way related to the use
of any materials posted on or made available at this web site
or any other web site to which a link is provided or on which
a link is provided to this web site, even if NewSouth Performance
has been advised of the possibility of such damages and regardless
of the legal theory on which such damages are based.
Warranty
No warranty whatsoever will be valid if the defect was caused
by customers abuse, negligence, or mishandling. All merchandise
sold by NewSouth Performance LLC is only subject to manufacturers
warranty and conditions, if any, and is subject to submission
to the manufacturer for inspection and approval for repair or
replacement of merchandise. Customer, however, will be responsible
for all shipping and handling fees. No labor or inconvenience
may be included in any warranty claims. There is no warranty on
lights, light bulbs, decals, electrical parts, and engine parts.
