1. Prices. All prices stated herein are F.O.B. West Berlin, New Jersey, unless otherwise specified by Seller. Seller hereby reserves the right, at any time, to modify or update the price of goods without notice and all changes shall become effective and binding upon subsequent modification in price.

2. Terms of Payment: Retail. Payment for Goods and/or Services shall be by credit card, Paypal, or cash only. Seller will not accept business or personal checks. Bank transfer payments shall incur a $15 service fee.

3. Terms of Payment: Wholesale. Payment for Goods and/or Services shall be by COD-Certified funds, credit card, or Paypal. COD payments shall incur a $10 COD service fee. Bank transfer payments shall incur a $15 service fee. Unless otherwise specified herein, payment is due on delivery of purchased product. Unless a term is agreed upon between Seller and Buyer, any past due accounts shall be subject to a one and one-half percent (1.5%) per month late charge compounded monthly or the highest rate permitted by law, whichever is greater.

4. Additional Payment Terms: International Buyers. Goods sold to a Buyer residing outside the United States and its territories will require payment by bank transfer unless otherwise authorized by Seller.

5. Backorders. If Seller is unable to immediately fill the entire order, Seller shall notify Buyer and if Buyer so requests, Seller shall ship those goods in stock as an accommodation to the Buyer’s order. The balance of the order shall be shipped on back order and the Goods shall be sent to Buyer upon receipt in stock unless otherwise directed by Buyer.

6. Special Orders. Special orders are deemed completed subsequent to the processing of Buyer’s order. All special orders require a minimum non-refundable deposit for the entire value of the Goods and/or Services. If there is a cancellation for any reason by Buyer, Buyer forfeits the entire deposit to Seller. Seller shall not be liable for late shipments. Given shipping dates are approximate and are only estimates. Buyer shall not be entitled to chargebacks, reductions in price or other offsets as a result of late shipments or failure to deliver in the estimated time of delivery.

7. Deliveries. All shipping dates given by Seller are approximate only. Deliveries may be subject to delay due to, but not limited to, acts of God, strikes, labor difficulties, fire, delay or defaults of common carriers or any other delays beyond Seller’s reasonable control, and Seller shall not be liable for any loss or damage arising there from. Seller represents that it possesses the skill to properly package the Goods being shipped. All Goods damaged in transit are not the responsibility of the Seller. All claims are to be made with the corresponding freight or shipping company. Seller shall have the additional right, in the event of an above-referenced occurrence, to cancel this Agreement or any part of it without any resulting liability. Any delivery not in dispute shall be paid in full regardless of controversies relating to other delivered or undelivered Goods and/or Services.

8. Risk of Loss. Risk of loss of the Goods shall pass to Buyer once the Goods are shipped to Buyer.

9. Warranties. Seller warrants that all Goods of the manufacturer are free from manufacturer’s defects due to imperfect material or workmanship. If Goods are received by Buyer in a defective condition due to imperfect material or workmanship, and if such information is reported to Seller within 30 days, a Return Merchandise Authorization (RMA) number shall be issued by Seller to Buyer. If said Goods are deemed by Seller or appropriate manufacturer to be defective due to imperfect material or workmanship, Seller or appropriate manufacturer shall correct said Goods. DISCLAIMER OF ALL WARRANTIES: THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. WITH THIS AGREEMENT, SELLER EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

10. Returns. All returns of Goods not covered under Provision 9 above must be reported to Seller within 30 days. Seller shall issue a Return Merchandise Authorization (RMA) to Buyer. Failure to give notice within thirty (30) days after receipt shall constitute an irrevocable acceptance of the Goods. No claim shall be made after the Goods are used, processed or changed in any manner from the original condition. Goods must be returned to Seller in original packaging and in a re-saleable condition. All returns must be sent shipping prepaid. No Goods shall be returned to Seller unless Buyer has notified Seller of the reasons of the proposed returns. Any returns are subject to a twenty percent (20%) restocking charge.

11. Limitation of Damages. Buyer’s exclusive remedy for breach of contract or warranty shall be limited to the price of the Goods only. In the event of a breach or repudiation of this Agreement by Seller, Buyer shall not be entitled to recover any incidental or consequential damages as such terms are defined by the Uniform Commercial Code.

12. Performance Goods. Seller is engaged in the selling of after-market automotive Goods and Buyer hereby warrants and represents that he/she has the knowledge and expertise related to said after-market Goods. Seller is not liable for any misconceptions, misunderstandings or disappointments associated, related to or concerning said after-market automotive Goods.

13. Taxes. The amount of present or future sales, revenue, excise, or other taxes applicable to the Goods listed herein shall be added to the purchase price and shall be paid by Buyer, or in the alternative, Buyer shall provide Seller with a tax exception certificate that complies with taxing authority requirements.

14. Authority of Seller’s Agents. No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning Goods or Services. Unless an affirmation, representation or warranty is specifically included within this acknowledgement, it has not formed part of the basis of this bargain and shall not be in any way enforceable.

15. Assignment/Delegation. Buyer shall assign no right or interest in this Agreement without Seller’s written consent. Any attempted assignment without such consent shall be wholly void and ineffective for all purposes.

16. Limitation on Action. Any action brought under this Agreement shall be brought within one (1) year. No actions arising out of the sale of the Goods or Services sold hereunder of this Agreement may be brought by either party more than one (1) year after the cause(s) of action accrues.

17. Default. On any default or breach of this Agreement by Buyer, Seller, at its option, by giving written notice to Buyer of its election to do so, may, as to this Agreement and such other agreements as may exist between Buyer and Seller: 1. cancel any and/or all agreements; and/or 2. defer shipment or delivery of all or any part until such default or breach is cured; and/or 3. cancel any undelivered portions thereof and/or demand immediate payment of all amounts owed Seller under the agreements. If Seller elects to cancel, Seller may sell all or part of the delivered Goods without notice to Buyer, except as may be required by law (and in such event five (5) days notice shall be deemed reasonable notice under the circumstances) at public or private sale, holding Buyer liable for any damages or financial loss including incidental expenses and attorney’s fees resulting to Seller by reason of Buyer’s default or breach. Seller shall not be limited in its rights and remedies against Buyer for any cause whatsoever to those remedies set forth herein, but shall have such other rights and remedies as may be available to it under the New Jersey Commercial Code or any other applicable laws.

18. Buyer’s Duty. The duty of the Buyer is to accept and pay in accordance with the terms of this Agreement. The Buyer’s duties under this Agreement encompass not only what the parties have agreed upon, but also the total obligations imposed by the Uniform Commercial Code.

19. Termination/Breach. Seller shall have the absolute right to cancel and refuse to complete this Agreement without notice (1) at any time, if any of the terms and conditions governing this Agreement are not strictly complied with by Buyer or (2) in the event Buyer’s financial condition or responsibility becomes unsatisfactory to Seller, Seller shall have the right to seek adequate assurances, in writing, from Buyer to secure due performance. If Seller cancels this Agreement, Buyer shall reimburse Seller for all actual expenditures, commitments, liabilities and costs made or incurred with respect to any Goods and/or Services ordered but not yet paid for by Buyer, plus loss of profit, less any net recovery to Seller on disposition of such items to others within a period of thirty (30) days after the cancellation. If this agreement is canceled by Buyer, Seller may retain all or a portion of any down payment or deposit to cover the costs and expenses incurred due to such cancellation.

20. Attorney Fees. If either Seller or Buyer commences any action at law or in equity to enforce or interpret the terms of this Agreement, each side shall bear their own costs, attorney fees, and any other related costs associated with said proceedings.

21. Waiver. Except as may be expressly provided in a writing signed by the parties to this Agreement, the failure or delay of either party to this Agreement to insist in any instance on strict performance of any provision of this Agreement shall not be construed as a waiver of that provision or the relinquishment of any rights under that provision in the future, but the provision shall continue to remain in full force and effect.

22. Severability. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction shall be ineffective only to the extent of such invalidity or uneforceability and only as to such jurisdiction without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability or any of these terms or provisions in any other jurisdiction.

23. Modification. This agreement may not be modified or rescinded except by express written agreement signed by both parties.

24. Indemnification. Buyer hereby agrees to defend, indemnify, protect and hold Seller and affiliated entities, as well as each officer, director, employee, representative, agent, dealer, successor and permitted assign of any of the above harmless from and against any and all expenses, damages, claims, demands, suits, losses, actions, judgments, proceedings, liabilities and costs whatsoever arising out of: (i) Buyer’s breach, misrepresentation or non-performance under this Agreement; or (ii) Negligence or willful misconduct of Buyer or its agents and employees which arise out of Buyer’s performance or non-performance under the terms of this Agreement; or (iii), An accident, injury, property damage or death that in any manner relates to this Agreement, including, without limitation, those actions or other liabilities to third persons and their heirs, legal representatives, successors and assigns; or (iv) Buyer’s failure to comply with any and all federal, state, local laws, rules, and/or regulations; or (v) any payment owed by Buyer to persons or entities benefiting from this Agreement; or (vi) All other activities of Buyer reasonably connected with this Agreement.

25. Sales and Use Tax. Buyer represents that it holds the appropriate and necessary local, state, and federal licenses and/or permits to purchase and re-sell the Goods; Buyer represents that it is engaged in the business of selling Goods; that all Goods purchased from Seller will be resold in the form of tangible property. If said Goods are used for any purpose other than retention, demonstration, or display while holding it for sale in the regular course of business, it is understood that Buyer is required by the Sales and Use Tax Law to report and pay tax measured by the purchase price of said Goods or other authorized amount.

26. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the law of New Jersey. The parties specifically agree to submit to the jurisdiction of the courts of New Jersey, with venue in Camden County.

27. Miscellaneous

Shipping: In stock items will ship within 1 to 3 days. Sales tax will be added to all shipments delivered to a NJ address. RalliSpec Ltd. will ship using the most appropriate carrier based on size, weight, destination, delivery time, and cost. Fedex, USPS, DHL, R&L Carriers are the carriers typically utilized. Special requests for alternative shipping methods will be considered but in no way will we guarantee to use a specific shipping method.

Returns: RalliSpec Ltd. sells only the highest quality products. All products are covered by the original manufacturer’s warranty, if any and RalliSpec representatives can assist with obtaining warranty coverage should any item prove to be defective. However, warranty policies vary depending on the manufacturer. Some manufacturer’s such as Subaru and STI do not authorize the sale of certain JDM-specific parts outside of Japan and therefore no warranty coverage may exist for those parts. The Buyer assumes all risk.

Returns Process: All returns must be accompanied by an RMA number. Before returning any item please contact us by phone (609.702.7800) or email (sales@rallispec.com) to obtain an RMA number. Defective items may be returned for exchange or repair, at our discretion, within 30 days of the original shipment. Selected merchandise may be returned within 30 days for a credit or refund but will be subject to a 20% restocking fee.

After an RMA number is obtained package the item using the original packing materials whenever possible. Additional charges may apply if the merchandise returned is not in the same condition as originally shipped. You are responsible for any damage that occurs due to poorly or incorrectly packaged items. Clearly write the RMA number on the shipping label of the package. Include a brief note inside the package indicating the reason for the return and the RMA number.

Refunds will be credited back to the credit card or Paypal account used for the original purchase. No cash refunds will be given for items originally paid using credit card or Paypal. The refund process may take 1 to 2 weeks after the parts are received back. No refunds will be given until after the parts are received back and inspected by RalliSpec personnel.

Unauthorized returns or exchanges will not be accepted. Deliveries without a valid RMA number will be refused and returned to sender.

Any shipment refused by the customer will be subject to a 25% restocking fee plus any applicable shipping and handling charges.

Order Cancellations: SPECIAL ORDERS OR ORDERS INVOLVING SERVICE WORK CANNOT BE CANCELED AFTER THE ORDER IS PLACED. ALL SALES ARE FINAL FOR SPECIAL ORDER AND CUSTOM ITEMS. All other orders may be canceled prior to the items shipping. After the items have shipped no cancellations may be made and returns must go through our normal returns process.