Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. 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 prices, materials, design, color, contents included with a product, and product specifications are subject to change without notice.
Many parts NewSouth Performance offers are for off-road use only. As with any racing activity, there are risks performing performance modifications to any vehicle. All product installations are at the customer’s own risk. NewSouth Performance holds no responsibility either implied or otherwise for any mechanical, electrical or other failures when using aftermarket performance products. Some items sold by NewSouth Performance are legal in California strictly for off-road or racing vehicles which may never be used upon a public street or highway. NewSouth Performance reserves the right to refuse or cancel any orders for which products are deemed illegal or otherwise unsafe.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NewSouth Performance disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NewSouth Performance does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. NewSouth Performance does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Product Descriptions and Pricing
NewSouth Performance strives for accuracy in all item descriptions, pictures, compatibility references, detailed specifications, pricing, links and any other product-related information listed or referenced on our website. We cannot guarantee that all item information including descriptions, pictures, and pricing or any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, NewSouth Performance shall, at its sole discretion, have the right to refuse and/or cancel any order for said product and correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from NewSouth Performance are provided as resources to customers looking for additional information and/or professional opinion. NewSouth Performance does not assume responsibility for the claims and/or representations made on these or any other websites.
NewSouth Performance strives to ensure all customers receive the parts they ordered, however, mistakes do happen. In the event that NewSouth Performance ships an incorrect item, NewSouth Performance will provide a return label so the incorrect item can be returned. A return label will only be issued to the address the item was
originally shipped to. NewSouth Performance will only send out the correct item once the incorrect item is received. If delivery of the part is time sensitive a new order can be placed and when the incorrect item is received back a refund will be issued for that item. Replacement items will only be shipped to the address on the original order. NewSouth Performance will not provide a refund or store credit for mis-shipped items. Failure to report a mis-shipped item prior to the order being forwarded or otherwise transferred from the original delivery address will result in your mis-ship claim being denied.
Order Cancellation and Item Availability
Items are usually available for shipment within 2 business days from the date the order is received. However, due to production schedules and product availability by NewSouth Performance or our vendors, this is not always possible. It is the customer’s responsibility to verify item availability before ordering. NewSouth Performance does not guarantee any stock status or availability on our website. To protect the security of our customers, once an order is placed the shipping address cannot be changed.
NewSouth Performance will make every attempt to ship your order using the method you selected at checkout. In some instances items are out of stock or special order and will ship directly from their manufacturers. In these cases some manufacturers shipping methods may vary. For example, some manufacturers do not ship using UPS but instead use Fedex. Likewise many manufacturers do not ship using USPS. In these instances, NewSouth Performance reserves the right to ship your order using an alternate shipping method. If this does occur and you paid for a more expensive shipping service, please submit a request for a refund of the difference in shipping cost. All packages shipped with USPS Priority Mail (in the US) and FedEx are shipped insured. Additionally, all domestic FedEx packages are shipped signature required.
NewSouth Performance is able to make certain accommodations for our international customers. When making requests please be aware you as the customer are accepting liability if the package and/or items is lost or damaged in transit. All international shipments are sent with delivery duties unpaid (DDU). Your country may assess import taxes/duties and/or a customs brokerage fee. This is not included in shipping charges and not charged by NewSouth Performance.
Please open all packages immediately to confirm no items are damaged or missing. If items are missing or damaged please contact our support team. All claims for missing and/or damaged items must be sent to our support team within 5 business days of delivery. International shipments that are not delivered or collected by the customer will be abandoned. No reshipments will be made and no refunds will be given.
All claims for lost packages must be submitted to NewSouth Performance within 30 days of the shipping date for domestic shipments and 60 days for international shipments. Under no circumstances will NewSouth Performance ship using a customer’s or a 3rd party shipping account.
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 undamaged packaging. No return or exchange on merchandise that shows signs of having been installed or attempted to be installed, modified, mounted, scratched, or defaced will be allowed.
Returned and Refused Shipments
A 15% RESTOCKING FEE will be assessed on all returned item(s), refused shipments, and canceled orders that have been shipped. Shipping Charges are NON-REFUNDABLE.
Contact NewSouth Performance to request a return merchandise authorization number (RMA#).
Once the return has been approved you will receive an email with RMA instructions and a return label (if applicable). Please follow the instructions. Returns must be received by NewSouth Performance within 14 days of the return being authorized.
Once the return arrives at NewSouth Performance it will take approximately 1-2 business days for the return to be entered into our system.
Your return will processed as arranged with customer service. The refund will be processed back to your original payment method. Depending on your bank this bank can take as long as 10 business days to be credited to your account. If your return is denied for any reason a customer service representative will contact you. All packages being returned to NewSouth Performance must have a valid RMA number written on the outside of the package. Packages not displaying a RMA # will be refused. NewSouth Performance is not responsible for packages not displaying a RMA#.
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. 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.
Product Damages or Shortages
Product damages or 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 merchandise until inspected by shipping carrier. Please keep all shipping cartons and all packing materials for carrier inspection. NewSouth Performance cannot initiate any claims with the carrier.
NewSouth Performance accepts the following credit cards: Visa, MasterCard, and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
NewSouth Performance will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the North Carolina. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by NewSouth Performance without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Your use of this site shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NewSouth Performance products) shall be in the state or federal courts located in Alamance County, North Carolina, U.S.A. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NewSouth Performance products) must be commenced within one (1) year after the claim or cause of action arises. NewSouth Performance’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NewSouth Performance may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend, and hold harmless NewSouth Performance, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Pricing does not include tax or shipping. All prices, availability, terms of offer, 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.
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.