PitRoadMotorsports.com Terms of Sale

The following are the terms and conditions of sale ("Terms and Conditions of Sale") for the sale of products ("Products") by Pit Road Motorsports ("Pit Road Motorsports") to Pit Road Motorsports’ Customers ("Customers").

This Terms and Conditions of Sale is intended to supplement the Web site Terms of Use. Click here to view our Terms of Use. Pit Road Motorsports takes the issue of privacy on the Internet very seriously. Click here to view our Privacy Policy.

Acceptance and Cancellation of Orders

All orders are subject to acceptance by Pit Road Motorsports or a duly authorized agent of Pit Road Motorsports. Orders accepted by Pit Road Motorsports may be cancelled by Customer upon written consent of Pit Road Motorsports. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which Pit Road Motorsports may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by Pit Road Motorsports, and shall be paid by Customer to Pit Road Motorsports. Special Orders, (Pre-Orders, Future Delivery, Advance Orders) is subject to a $20.00 cancelation and re-stocking fee. Customer requests to reschedule are subject to acceptance by Pit Road Motorsports in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by Pit Road Motorsports to the shipment carrier. Pit Road Motorsports reserves the right to allocate sales and limit quantities of selected Products among its Customers in its sole discretion.

In the event a Pre-Order program is cancelled by Pit Road Motorsports, or the manufacturer, the Customer will not be charged a cancellation fee and all funds returned to the customer by method of payment.

Product specifications and availability are subject to change without prior notice.

Returns

Refund exceptions made to this policy are for store credit only. All other refunds are issued to the original method of payment.
Customer must notify Pit Road Motorsports within 30 days from date of shipment of any defective product. (See Pit Road Motorsports’ LIMITED WARRANTEE for further information.)
Returns are normally accepted when completed within 30 days of the ship date. If Pit Road Motorsports agrees to accept a return, return shipping charges must be prepaid by Customer.
Pit Road Motorsports will not accept COD shipments.
Some products may require return directly to the manufacturer. Contact a sales representative for addressing instructions prior to returning product.
All products returned must be in new, pristine, undamaged condition, and able to be resold as new.
No products will be accepted that have been worn, washed, installed or damaged in any way.
Product should be free of extreme odors such as cigarette smoke.
All products must be received in its original package.
Counterfeit Product Prevention Clause

Only products originally shipped from Pit Road Motorsports or from a supplier at Pit Road Motorsports' direction (drop-ship) will be returned to Pit Road Motorsports. All others will be promptly quarantined and disposed of or returned to the Customer. By a Customer returning products to Pit Road Motorsports, the Customer certifies that the products were purchased from Pit Road Motorsports and there has been no substitution in whole or part of same product from another supplier, distributor or other such source of the product. The return should be in the original packaging (manufacturer or Pit Road Motorsports), in unused condition (except defective).

Prices

The catalog reflects the latest pricing information available at the time of listing. Prices shown on the site are subject to change without notice. Prices are subject to increase in the event of an increase in Pit Road Motorsports' costs or other circumstances beyond Pit Road Motorsports' reasonable control. Pit Road Motorsports may, occasionally, offer its Customers a reduced price based on quantity ordered. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees.

Price Matching

Pit Road Motorsports will match any verifiable, regularly priced, in-stock product obtained from legitimate business Web sites. You may contact us with your inquiries regarding prices found on other sites by sending E-Mail to Racing@pitroadmotorsports.com. Please include the price of the product and the Website address. Also, include your E-Mail address, daytime phone number, best time to contact you and time zone. A representative from Pit Road Motorsports will contact you by E-Mail or telephone within 48 hours. Pit Road Motorsports reserves the right to refuse or cancel any pre-approved or not yet approved price match or matching. Pit Road Motorsports will not match the price of products sold on EBay or any auction based Web site(s).

Terms of Payment

All payments must be made in U.S. currency.

Credit Cards

Credit cards accepted include major credit cards, purchase cards, and major bank debit cards including MasterCard, VISA and Discover. Credit Card billing information must be verified on new Customers prior to shipment of order.

PayPal

If you choose the Pay Pal option and do not have a Pay Pal account, you may register at http://www.paypal.com and then submit your payment to sales@pitroadmotorsports.com. Once we receive confirmation of deposit from Pay Pal, your order will ship and a confirmation of shipment along with tracking information emailed. Restrictions: Pay Pal terms are available only to registered and verified Pay Pal buyers. Order must ship to bill-to address on file with Pay Pal.

Certified Bank Check or Money Order

Pit Road Motorsports accepts Certified Bank Checks and Money Orders to U.S. residents only. Please allow 7-15 business days, for funds to become available. Pit Road Motorsports will not ship any product(s) before funds become available.

Sales Tax

United States Shipments

When required by law Pit Road Motorsports will collect Federal, State and/or Local sale, use, excise, and other taxes that apply to a Customer's shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless Customer is tax exempt and Pit Road Motorsports has a valid signed tax exemption certificate on file. Currently, a sales tax of 6.25% will be collected at the time of sale for Massachusetts residents.

INTERNATIONAL Shipments

All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will be the responsibility of the Customer and due at the time of delivery.

Delivery And Title

All shipments by Pit Road Motorsports are F.O.B. point of shipment from Pit Road Motorsports' facility and the amount of all transportation charges will be paid to Pit Road Motorsports by the Customer in addition to the purchase price of the Products. Subject to Pit Road Motorsports' right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Pit Road Motorsports will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Pit Road Motorsports are estimates only and that Pit Road Motorsports will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Pit Road Motorsports unless specifically designated by Customer. Pit Road Motorsports reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.

Pit Road Motorsports' Limited Warranty

Pit Road Motorsports agrees to transfer to Customer whatever transferable warranties Pit Road Motorsports receives from the manufacturer of Products sold to Customer. Pit Road Motorsports makes no other warranty, express or implied, with respect to the Products.

IN PARTICULAR, PIT ROAD MOTORSPORTS MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT.

Pit Road Motorsports' liability arising out of any sale of products to Customer is expressly limited to either

Refund of the purchase price paid by Customer for such Products (without interest); or
Repair and/or replacement of such Products, at Pit Road Motorsports' election, with such remedies exclusive and in lieu of all others.
Customer must notify Pit Road Motorsports within 30 days from date of shipment of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and Pit Road Motorsports' remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, neglect, accident, modification, or has been altered in any way.

Product Country of Origin

Pit Road Motorsports maintains Country of Origin information on all products in its inventory. This information is provided to Customers on product labels and product shipping documents. This information is based on manufacturer-provided information according to US Treasury, US Customs Regulations. Our manufacturers do not provide Pit Road Motorsports with the country of origin of each raw material or subcomponent that is incorporated into the Manufacturer's final product.

Limitation of Liabilities

IN NO EVENT SHALL PIT ROAD MOTORSPORTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Pit Road Motorsports for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD PIT ROAD MOTORSPORTS HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY PIT ROAD MOTORSPORTS.

Special Order refered to as Pre-Order, Future Delivery, Advance Delivery.

From time to time, Pit Road Motorsports will notify the Customer or make available on the site a Pre-Order. A Pre-Order is a product that is not yet in stock but is able to be purchased by the Customer for delivery in the future.
Pit Road Motorsports is allocated a certain quantity of Pre-Order products. When Pit Road Motorsports reaches its allocation number the Pre-Order become unavailable to other Customers. For that reason we urge the Customer to be certain you want to purchase a Pre-Order. The Customer understands that Pre-Order products are obtained by Pit Road Motorsports from the manufacturer specifically for its Customers. Irrespective of circumstances, the Customer agrees that Pre-Order products may not be cancelled, returned or rescheduled by the Customer without the agreement of the written consent of Pit Road Motorsports.

If, under extreme circumstances, it becomes necessary for the customer to cancel or return Pre-Orderd merchandise. The customer agrees that a $20.00 restocking and cancellation fee will incure.

Rewards Points Program

Not all products are eligible to receive or be redeemed by Rewards Points

Reward Points have no cash value and may only be used to purchase select products and/or gift certificates

At our digression, products eligible to receive or be redeemed by Rewards Points may change due to varying factors including: out of stock, a change in price, on sale, products put on clearance etc.

Pit Road Motorsports reserves the right to change, alter or cancel the Rewards Points Program at any time without warning or notice.

For information on how to collect and redeem Rewards Points please read the Rewards Points Program described here.

Intellectual Property

If an order includes software, DVD’s, CD’s or other intellectual property, such software, DVD’s, CD’s or other intellectual property is provided by Pit Road Motorsports to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software, DVD’s, CD’s or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software, DVD’s, CD’s or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Unopened software may be returned for credit. Opened software may not be returned unless defective.

Force Majeure

Pit Road Motorsports will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Pit Road Motorsports' time for delivery or performance will be extended by the period of such delay or Pit Road Motorsports may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.

Waiver and Limitation of Liability

PIT ROAD MOTORSPORTS HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT PIT ROAD MOTORSPORTS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE.

FOLLOW ALL INSTRUCTIONS AND HEED ALL WARNINGS ACCOMPANYING ANY PRODUCTS ASSOCIATED WITH THE SITE. SOME PRODUCTS, INCLUDING BUT NOT LIMITED TO THOSE WITH SMALL PIECES, MAY NOT BE SUITABLE FOR CHILDREN AND SHOULD BE KEPT OUT OF THE REACH OF CHILDREN.

YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST PIT ROAD MOTORSPORTS ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS PIT ROAD MOTORSPORTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.

Governing Law and Venue

This Agreement, the entire relationship between you and Pit Road Motorsports, and any litigation or other legal proceeding between you and Pit Road Motorsports (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Massachusetts, giving effect to its choice of law rules. This contract is fully performable in Middlesex County, Massachusetts.