This Product Purchase Agreement ("Agreement") is entered into by and
between the purchaser, the installer and/or the user (collectively, the
"Purchaser") and SilverHorse Racing, LLC, and their respective directors,
officers, employees, and agents (collectively, "SilverHorse Racing"). In
consideration of Purchaser's purchase, installation and/or use
(collectively, the "Purchase") of SilverHorse Racing's services and
products (collectively, the "Products"), and the promises and obligations
herein, and intending to be legally bound, Purchaser and SilverHorse
Racing hereby agree as follows:
Your Purchase of SilverHorse Racing Products is subject to this
Agreement, as well as any modifications issued by SilverHorse Racing to
this Agreement, and all applicable laws and regulations. BY PURCHASING
SILVERHORSE RACING PRODUCTS, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND
BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. If you do not want
to be bound by this Agreement, do not Purchase SilverHorse Racing
Products, and if you have already done so, you need to contact us
immediately for return authorization on unused products.
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SILVERHORSE
RACING. READ IT CAREFULLY. NO OTHER TERMS OR CONDITIONS APPLY. BY PLACING
AN ORDER AND ACCEPTING THE PRODUCT(S) YOU ARE ACCEPTING THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
Off-Highway / Competition / Show Use
SilverHorse Racing Products are specialty aftermarket performance
Products. Aftermarket performance Products are intended to modify or
prepare a vehicle for uses which may exceed conditions anticipated by the
vehicle manufacturer. Purchasers of performance and appearance Products are warned that
these products are for "off-highway" competitive, performance, and or show
use only and special warranty provisions apply.
Legality of Products
SilverHorse Racing Products have been designed for "off-highway"
applications only. Installation on a vehicle intended for use on public
roads may violate U.S., Canadian, state or provincial laws and
regulations including those related to emissions and vehicle safety
standards. In addition, installation of some SilverHorse Racing Products
on a vehicle may adversely affect the warranty coverage of that vehicle.
SilverHorse Racing makes no representation as to the legality of any
Products in various states or provinces. The Purchaser accepts all
responsibility for the final use of the Products Purchased and shall hold
SilverHorse Racing harmless in any legal proceeding arising from the use
of such Products.
Product Warranty
Products offered by SilverHorse Racing are intended for "off-highway"
competitive, performance, or show use only, and are normally sold with no warranty
of any kind. If any specific warranty exists for a specific product, it will be included with your paperwork in the package on a separate warranty sheet. Implied warranties, including warranties of merchantability
or fitness for any particular application, are excluded. It is the
Purchaser's responsibility to determine the suitability of SilverHorse
Racing Products for their application. The entire risk as related to
quality and performance of SilverHorse Racing Products is with the
Purchaser. The Purchaser and NOT SilverHorse Racing, LLC, assumes any and
all risks arising out of or in connection with the use of SilverHorse
Racing Products, including, without limitation, the risks of death,
paralysis or any bodily injury, disability and/or loss or property damage
wheresoever and howsoever caused including but not limited to, defects,
normal wear or negligence, lack of maintenance, accident, abnormal
operation, or improper installation or service, collision between a
vehicle and another vehicle, person or stationary object, skidding,
overturning, sudden stops, braking or acceleration, any "Act of God", fire
or explosion; or the negligent or deliberate act of another person. THERE
IS NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, MADE REGARDING THE
SAFETY OF SILVERHORSE RACING PRODUCTS. THE ENTIRE RISK AS TO THE QUALITY
OR PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER.
Limitation of Liability
THE LIABILITY OF SILVERHORSE RACING SHALL BE LIMITED TO THE PRICE PAID
FOR PRODUCT. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, OR OTHERWISE, SILVERHORSE RACING SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE
DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS AND BUSINESS
INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
ARISING IN ANY WAY FROM ANY PRODUCT PROVIDED BY SILVERHORSE RACING, EVEN
IF SILVERHORSE RACING IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Indemnification
Purchaser agrees to defend, indemnify, and hold harmless SilverHorse
Racing from and against all claims, losses, damages, liabilities, and
costs (including but not limited to reasonable attorneys' fees and court
costs), arising out of or relating to the Purchase of any SilverHorse
Racing Product.
Conditions Agreement
The terms and conditions herein may NOT be altered, supplemented, or
amended by the use of any additional document(s) or terms that purport to
be an agreement of the parties. Any attempt to supplement or amend these
terms and conditions or to enter an order for Product(s), which is subject
to additional or altered terms and conditions, shall be null and void.
Product Changes
SilverHorse Racing reserves the unconditional right to change the
design, materials, specifications and suppliers of any Product offered by
SilverHorse Racing without incurring any liability or obligation to the
past, present or future Purchaser's of any such product.
Product Descriptions
SilverHorse Racing and its affiliates attempt to be as accurate as
possible. However, SilverHorse Racing does not warrant that Product
descriptions or other content of any media placement related to their
Products, including but not limited to print advertisements and the
www.silverhorseracing.com
website, is accurate, complete, reliable, current, or error-free. If a
Product offered by any SilverHorse Racing media placements is not as
described, your sole remedy is to return it in unused condition.
Product Pricing
All prices displayed in SilverHorse Racing media placements are quoted
in U.S. dollars. SilverHorse Racing may, at its sole discretion, restrict
delivery to addresses within the United States, Canada, Mexico, Japan, and western Europe. SilverHorse Racing will
add shipping and handling fees and applicable sales/use tax. SilverHorse
Racing, LLC is licensed in the state of Florida to collect and remit sales
tax. It remains the responsibility of the Purchaser to pay all applicable
sales and/or use taxes in any other state, country, and/or province.
SilverHorse Racing reserves the right without prior notice to discontinue
or change specifications and prices on Products offered in any SilverHorse
Racing media placement without incurring any obligation to the Purchaser.
Products displayed in any SilverHorse Racing media placement are available
while supplies last. Descriptions of, or references to, Products in any
SilverHorse Racing media placement do not imply endorsement of that
Product, or constitute a warranty, by SilverHorse Racing.
In the event that a Product is listed at an incorrect price due to
supplier pricing information or typographical error, SilverHorse Racing
shall have the right to refuse or cancel orders placed for the Product
listed at the incorrect price, regardless of whether the order has been
confirmed and the Purchaser's credit card charged. If the Purchaser's
credit card has already been charged for the purchase and the Purchaser's
order is canceled, SilverHorse Racing shall promptly issue a credit to the
Purchaser's credit card account in the amount of the incorrect price. No
other fees or charges shall be refunded.
Order Acceptance
The receipt by you of an order confirmation does not constitute
acceptance of an order by SilverHorse Racing. Prior to acceptance of an
order by SilverHorse Racing, verification of information may be required.
SilverHorse Racing reserves the right at any time after receipt of the
Purchaser's order to accept or decline your order, or any portion thereof,
even after your receipt of an order confirmation from SilverHorse Racing,
for any reason. SilverHorse Racing reserves the right to limit the order
quantity on any item and to refuse service to any customer without prior
notification. BY PLACING AN ORDER, THE PURCHASER ACKNOWLEDGES AND ACCEPTS
THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING
ACKNOWLEDGEMENT OF THE WARNING AND DANGERS INHERENT IN THE INSTALLATION
AND USE OF THE PRODUCT(S) ORDERED. IF YOU DO NOT ACCEPT THESE TERMS,
PLEASE CANCEL YOUR ORDER.
Payment Terms
SilverHorse Racing accepts Visa, Mastercard, Discover, American Express, cashiers check, money
orders, personal checks, and of course valid US currency. Allow 20 days
for personal checks to clear. C.O.D. (cash on delivery) orders are not
accepted on any items. There will be a Twenty-five dollar ($25.00) fee for
all returned checks. Under no circumstances will shipments be made prior
to payment being fully secured for purchase.
Legal Implications / OEM Warranty Implications
Because U.S., Canadian, state or provincial laws and regulation may
prohibit removal or modification of components that were installed by the
Original Equipment Manufacturer's (OEM's) to meet emission requirements or
to comply with motor vehicle safety regulations applicable to vehicles
manufactured for use on public roads, vehicles equipped with SilverHorse
Racing products are not to be operated on public roads, and offers such
Products for "off-highway" competitive, performance, or show use only.
SILVERHORSE RACING PRODUCTS ARE INTENDED FOR "OFF-HIGHWAY" APPLICATION
ONLY. Installation of some products on a vehicle intended for use on
public roads may violate U.S., Canadian, sate or provincial laws and
regulations including those relating to emission requirements and motor
vehicle safety standards. In California certain Products may legally be
used on a racing vehicle which will never be operated on public roads. In
addition, installation of SilverHorse Racing Products may adversely affect
the warranty coverage on the Purchaser's vehicle. Other local, state,
provincial, territorial, or international laws may apply to the use of
these Products. Please check your local laws before Purchasing SilverHorse
Racing Products.
SilverHorse Racing makes no representation as to the legality of any
Products in various states or provinces except where noted. The Purchaser
accepts all responsibility for the final use of SilverHorse Racing
Products and shall hold SilverHorse Racing harmless in any legal
proceeding arising from the use of such Products. Adherence to federal,
state and local laws is the sole responsibility of the Purchaser.
SilverHorse Racing assumes no responsibility for any voided OEM
warranties.
Third Party Product Disclaimer
All products manufactured by another manufacturer are warranted to the
extent of such warranty offered by that manufacturer. Non-SilverHorse
Racing manufactured products have no SilverHorse Racing warranty.
Installation Disclaimer
The installation instructions provided for SilverHorse Racing Products
are furnished solely as a matter of convenience to the Purchaser and
should be regarded merely as suggestions to an otherwise proficient and
experienced automobile technician. Disassembly and assembly of automobiles
can be dangerous and should always be conducted in accordance with
procedures set forth in the OEM service manuals or their Society of
Automotive Engineers (SAE) equivalent. Furthermore, performance of
Products may be affected by the manner in which the Products are used,
serviced or installed. Purchasers of such products must rely on their own
judgment as to the suitable use, service and installation of such
Products.
Proper installation and safe use of SilverHorse Racing Products is the
sole responsibility of the Purchaser. As part of the consideration for
purchasing any Product of SilverHorse Racing, the Purchaser takes such
Product "as is" and subject to all the provisions of this disclaimer and
limitation of damages.
Purchaser agrees to indemnify and hold SilverHorse Racing harmless from
any claim, action or demand arising out of, or incident to, the
installation or use of Products purchased from SilverHorse Racing by any
Purchaser.
Shipping
Standard shipping is FedEx ground to all 50 states, Canada, and Mexico; however, items may
be shipped by a variety of carriers. Email us at
shipping@silverhorseracing.com with any special shipping requests
and/or requirements or call us.
Once an order is placed the processing of that order usually takes 3-5
working days; actual shipping usually takes another 3-5 working days
depending on location. If Products are not received within two (2) weeks
of purchase please contact the SilverHorse Racing Customer service
department or email us at
orders@SilverhorseRacing.com. Orders will be shipped signature
required unless other arrangements are made when the order is placed. If
the Purchaser's "Bill To" and "Ship To" addresses are different, the "Ship
To" address will be considered Purchaser's "Assignee". SilverHorse Racing
does not normally accept international orders (other than Canada), so please contact us if you
are considering an international order so we can discuss shipping options.
Shipping charges will be assessed when the order is placed. The
Purchaser's credit card will not be charged until the order is shipped,
except in the case of pre-order specials, where payment is due when order
is taken, even if delivery is some time away (usually under 6 months).
SilverHorse Racing will carefully inspect each order shipped for
accuracy of content and evidence of physical damage or defects prior to
shipping. SilverHorse Racing must be notified by the Purchaser within
seventy two (72) hours of the receipt by the Purchaser and/or Assignee of
any discrepancies in the content found for any missing, damaged or
defective Products. The Purchaser and/or Assignee must report all damages
related to shipping to the freight carrier. SilverHorse Racing directs the
Purchaser and/or Assignee to inspect all shipped Products completely while
the driver is present and have the driver note any damages. DO NOT return
any damaged Products to SilverHorse Racing. All damages related to the
shipping process are the responsibility of the freight carrier and not
SilverHorse Racing. Denied claims related to shipping are not the
responsibility of SilverHorse Racing, LLC.
ACCEPTANCE BY PURCHASER AND/OR ASSIGNEE OF PRODUCTS SHIPPED SHALL
CONSTITUTE PUCHASER'S FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Back Orders
Occasionally, SilverHorse Racing will temporarily be out of stock on an
item. In these cases, partial shipments will be made and the back ordered
item shipped at a later date, unless complete shipment is requested. The
Purchaser will be notified of unexpected delays. The Purchaser's credit
card will not be charged until the order is shipped, except in the case of special orders, where pre-payment is required before SilverHorse Racing can place order with manufacturer.
Risk of Loss
All items purchased from SilverHorse Racing are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to the Purchaser upon SilverHorse Racing’s delivery to the
carrier.
Returns
SilverHorse Racing directs the Purchaser to fully examine each enclosed
Product carefully, prior to installation. The sole warranty is that
Products offered by SilverHorse Racing will be free from manufacturing
defects at the time of delivery, and prior to installation. All claims for
relief under this warranty must be made in writing or via email
(returns@silverhorseracing.com) within seventy two (72) hours of
receipt of the defective product(s). Returns must be made within thirty
(30) days of receipt of merchandise. SilverHorse Racing maintains sole
discretion to reject Products for return if it determines that the
Product(s) show evidence of installation or modification.
All Products returned to SilverHorse Racing, LLC must be accompanied by
a Return Authorization number (RA) and a copy of the original invoice to
be considered for credit. Products returned without an RA and a copy of
the original invoice will be refused. Unmodified Products judged by
SilverHorse Racing to be defective will be repaired, replaced or have the
purchase price refunded at the sole discretion of SilverHorse Racing.
Any non-defective Product returned to SilverHorse Racing for simple
credit must be in salable condition and will be assessed a fifteen percent
(15%) restocking fee to cover replacement packaging, re-inspection, etc. In addition, shipping costs are non-refundable. Custom or special orders are not returnable or
refundable. The Purchaser shall be responsible for and prepay all return
freight, insurance, and other shipping charges and shall assume all risk of loss or
damage to Product while in transit to the return address of SilverHorse
Racing. No returns will be accepted after forty five (45) days, without
exception.
Customer Service
Please call 321-722-2813 to speak with our friendly and knowledgeable
representatives who are on duty from 10am to 6pm EST, Monday through
Friday. Representatives can also answer any questions you have about
Product specifications or installation. But remember, proper installation
and safe use of SilverHorse Racing Products is the sole responsibility of
the Purchaser. SilverHorse Racing's employees or representatives' oral or
other written statements do not constitute warranties, shall not be relied
upon by Purchaser, and are not a part of the contract for sale or this
limited warranty. If a representative is unavailable, you can leave a
message and your call will be returned promptly. We can be reached on the
internet via email at
Info@SilverHorseRacing.com.
Entire Obligation
This Product Purchase Agreement, document states the entire obligation
of SilverHorse Racing with respect to its Products. If any part of this
agreement is determined to be void, invalid, unenforceable or illegal,
including, but not limited to the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall remain in full force and effect. This entire
agreement, in whole and in part, including warranty provisions, shall be
governed by Florida law to the extent allowed. Interpretation of the terms
of this agreement must be done using Florida law.
Pre-Sales Notification
SilverHorse Racing has properly presented the required pre-sales
notification of its warranty terms. We are neither liable nor responsible
for ascertaining whether those terms have been read and/or understood by
the Purchaser.