|TERMS AND CONDITIONS
All information contained herein is subject to change without notice.
BUYERS ACCEPTANCE OF DELIVERY OF THE PRODUCT CONSTITUTES BUYER’S ACCEPTANCE OF THE TERMS
HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY BUYER ARE HEREBY REJECTED IN THEIR ENTIRETY
UNLESS EXPRESSLY ASSENTED TO IN WRITING BY SELLER’S AUTHORIZED AGENT.
This agreement shall be deemed to have been entered into, shall be governed by and construed in accordance with the law of the State of New
Jersey. Any controversy or claim which purchaser may have against seller, shall be settled by non-binding arbitration in the State of New Jersey.
Any dispute not settled by non-binding arbitration, and resulting in legal action, shall be maintained in the State of New Jersey, and purchaser
submits to the jurisdiction and venue in said courts. No arbitration proceeding or legal action, regardless of its form, related to or arising out of
this Agreement, its making, performance or interpretation, may be brought by purchaser more than one (1) year after the cause of action first
PRICES: Due to the ever present fluctuation of material and labor costs, our prices are subject to change without notice.
TERMS: Prepaid, Credit Card, C.O.D. Qualified accounts may be extended Net 30 Days payment terms upon approval.
FREIGHT: Order’s exceeding $2,500 (Excluding Cranks and Rotating Assemblies) as well as order’s exceeding $3,500 (Including Cranks and
Rotating Assemblies) will be shipped F.F.A. The deduction of freight charges will be allowed providing the invoice is paid within terms. Special
shipping requests such as Air Freight, Express Mail, etc. will be billed to the account. In the event of buyer using freight collect or 3
for freight, the buyer is ultimately liable for and agrees to pay all charges if said freight is billed back to Manley Performance Products, Inc. for
INSPECTION BY CUSTOMERS: The customer acknowledges that it will inspect the materials immediately upon receipt from Manley
Performance Products, Inc. and SHALL NOTIFY MANLEY PERFORMANCE PRODUCTS, INC. WITHIN 5 WORKING DAYS OF DELIVERY
BY MANLEY PERFORMANCE PRODUCTS, INC. OF ANY ALLEGED DAMAGE, SHORTAGE, DEFICIT OR OTHERWISE. FAILURE BY
CUSTOMER TO MAKE ANY CLAIM WITHIN SUCH TIME SHALL CONSTITUTE ACCEPTANCE OF THE MATERIALS AND WAIVER OF
ALL SUCH CLAIMS.
- An RGA number must be obtained for all returns. All merchandise eligible for return MUST be shown in our most recent price sheet.
- All returns MUST have the original invoice number and date for each item being returned for credit. This also applies to items being returned
as defective or a 5% handling charge will be applied.
- If no invoice numbers are supplied Manley Performance WILL assume the maximum quantity discount was taken at the time of purchase, and
we will assume that the item was purchased over 30 days ago: therefore, the item WILL be subject to a 15% handling charge.
- The 15% handling charge WILL be waived if a 2 for 1 offsetting order is ATTACHED to the return. A 5% handling charge WILL apply if a 1 for
1 offsetting order is ATTACHED to the return.
- Items returned within 30 days of purchase WILL NOT require the offsetting order providing the invoice number and date are supplied.
- All items for credit MUST be in saleable condition or a 5% repacking charge will be applied.
- Custom made items such as, but not limited to, valves, pistons and rods are NOT RETURNABLE under any circumstances.
- Any claims or shortages on orders MUST be made within 5 working days of the invoice date, after that time NO CLAIMS will be allowed.
- Customers refusing shipments WILL be subject to a $10.00 handling charge as well as all freight charges. No exceptions.
Due to the intended usage of the products sold by Manley Performance Products, Inc., they are sold WITHOUT WARRANTY OR ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR THE INTENDED PURPOSE. Manley Performance Products, Inc. shall not, under any
circumstances, be liable for any special, consequential or incidental damages, including but not limited to loss of profits or revenue, loss of other
property or equipment, cost of purchased or replacement of goods, or claims by customers of the purchaser, which may arise and/or result from
the sale, installation or use of these parts. Installation of parts intended for “off-highway” use could adversely affect the vehicle manufacturer’s
warranty coverage. Subject to applicable state law. Some items may not be legal for use in California on pollution controlled vehicles. All weights
specified are approximate and subject to manufacturing tolerances. Manley Performance Products, Inc. reserves the right to make changes in
design, specifications, materials, or make product changes without incurring liability or obligation with respect to similar product previously
manufactured. If technical advice is offered or given in connection with the use of any Products it will be as an accommodation to Buyer and
without charge and Seller shall have no responsibilities or liabilities whatsoever for the content or use of such advice.
Some parts sold by Manley Performance Products, Inc. have been designed and are intended for off-highway application only. Installation on a
vehicle intended for use on public roads may violate U.S., Canadian, state or provincial laws and regulations including those relating to emission
requirements and motor vehicle safety standards. These parts are NOT intended for ANY aircraft applications.
PROPOSITION 65 WARNING
There are products sold by Manley Performance Products, Inc. that contain chemicals, including lead, known to the state of California to cause
birth defects or other reproductive harm. Wash hands after handling any product designated as, or suspected of, containing lead.