Terms and Conditions
Performance Parts for Use Only in Competition Racing Vehicles
Competition use only parts are clearly labeled as competition use only in the product listing page and may only be used according to the guidelines posted on our Emissions Notice page.
Shipping BMS ships via United States Postal Service (USPS) or United Parcel Service (UPS). It is the customers responsibility to ensure the correct ship-to address is selected upon checkout, and to ensure that address can be serviced by USPS or UPS. Packages returned to BMS due to incorrect addressing or refusal may result in additional shipping charges. BMS also offers domestic express shipping service (via USPS Express) as a convenience for an additional fee at checkout. Most customers who place an express order before 10AM PST will receive that order within 1-2 days, but next day service is not guaranteed and no shipping refund will be issued if the package does not arrive on time. BMS does not particulate in the USPS express guaranteed delivery program. International shipments are sent via USPS. BMS does not provide shipping insurance and is not responsible for lost or damaged shipments.
To assist in your evaluation of our BMS tuning products we offer a 30 day satisfaction guarantee. If not satisfied you may return your product in its original packaging in like new condition within 30 days of original shipment date for refund. A 20% restocking fee applies to all returns and purchaser is responsible for all shipping charges. Returns are timely by postmark. This policy applies only to BMS tuning products purchased directly from our retail website.
Terms and Conditions of Sale
The term "Seller" refers to Burger Motorsports, Inc. The term "Purchaser" refers to the purchaser of any product manufactured by, purchased from, or installed by Seller (a "Product").
1. The acceptance of Purchaser's order and the sale contract between Seller and Purchaser resulting there from are expressly conditioned upon these Terms and Conditions of Sale (the "Terms and Conditions"). In the event of any conflict between these Terms and Conditions and Purchaser's purchase order, or any other document or any other communication from Purchaser, these Terms and Conditions prevail.
2. All prices are F.O.B. Seller's facility. Method and route of shipment are at Seller's discretion. Delivery of a Product to a carrier of Seller's choice constitutes delivery to Purchaser ("Delivery") and, regardless of freight payment, risk of loss while in transit shall pass to Purchaser at such time. Purchaser shall make claims for loss or damage to Products while in transit only against the freight carrier of such Products.
3. Seller shall not be liable for failure to perform any of its obligations hereunder resulting directly or indirectly from or contributed to any acts of God, acts of Purchaser, acts of civil or military authority, terrorist threats, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, lack or inability to obtain raw materials, components, labor or fuel supplies, or other circumstances beyond the Seller's reasonable control, whether similar or dissimilar to the foregoing.
4. Prices quoted are exclusive of any and all federal, state and local taxes of any nature whatsoever, and if, in connection with this transaction, the Seller is subjected to any such tax by any taxing authority whatsoever, the same will be added to the purchase price to be paid by Purchaser.
5. Seller warrants that BMS Performance Tuners (JB+, Stage1, JB4) will be free from manufacturing defects for five years after delivery, and all other BMS labeled products will be free from manufacturing defects for one year after delivery. Purchaser's exclusive Remedy for any breach of the forgoing warranty is, at Seller's sole discretion, either: (i) repair or replacement of the non-conforming Product with a conforming Product or (ii) a refund or store credit in the amount paid by Purchaser for such non-conforming Product. Warranty applies to the original purchaser only and is non-transferable. Normal wear and tear, misuse, and abuse is excluded, including any failure to use the product as specified in these terms. Proof of purchase from BMS or an authorized reseller required. Purchaser is responsible for all shipping charges.
SELLER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTY OF PATENT OWNERSHIP OR OF NON-INFRINGEMENT OF ANY PROPRIETARY RIGHT. IN NO EVENT SHALL THE SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND IN NO EVENT SHALL SELLER'S CUMULATIVE LIABILITY TO PURCHASER FOR DAMAGES RESULTING FROM OR RELATED TO ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, SETOFFS, LIENS, ATTACHMENTS, DEBTS, EXPENSES, JUDGMENTS OR OTHER LIABILITIES OF WHATSOEVER KIND OR NATURE, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS (COLLECTIVELY "CLAIMS") , REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF MONEY PAID BY PURCHASER TO SELLER FOR A PRODUCT.
SELLER SHALL NOT BE LIABLE FOR AND PURCHASER AGREES TO INDEMNIFY AND TO HOLD SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENT COMPANY, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ARISING OUT OF OR RELATED TO (a) PURCHASER'S USE OF PRODUCTS (b) ANY ACT OR OMISSION OF PURCHASER (c) PURCHASER'S WILLFUL MISCONDUCT OR (d) PURCHASER'S FAILURE TO COMPLY WITH ANY LAW, RULE OR REGULATION.
WITHOUT LIMITATION TO THE FORGOING: (I) PURCHASER EXPRESSLY ACKNOWLEDGES THAT USE OF THE PRODUCT MAY VOID ANY OR ALL WARRANTIES APPLICABLE TO ANY VEHICLE IN WHICH A PRODUCT IS INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY VOIDED WARRANTIES RELATED TO OUR ARISING OUT OF USE OF A PRODUCT; (II) PURCHASER EXPRESSLY ACKNOWLEDGES THAT PRODUCTS MAY CAUSE DAMAGE TO ANY VEHICLE IN WHICH SUCH PRODUCTS ARE INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY DAMAGE TO A VEHICLE ALLEGEDLY CAUSED BY A PRODUCT; AND, (III) PURCHASER EXPRESSLY ACKNOWLEDGES AND HEREBY AGREES THAT PURCHASER IS FAMILIAR WITH AND AGREES TO COMPLY WITH ANY LAWS, RULES OR REGULATIONS RELATED TO PRODUCTS ("APPLICABLE LAWS") AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS RELATED TO OR ARISING OUT OF ANY ALLEGATION THAT PURCHASER FAILED TO COMPLY WITH APPLICABLE LAWS.
6. No waiver alteration or modification of any of the provisions hereof shall be binding on the Seller unless agreed to by Seller, in writing.
7. Failure or delay on the part of either party to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing.
8. Without regard to principles of conflicts of laws, this agreement shall be governed by and construed in accordance with the laws of the state of California, United States of America. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY RELATED DOCUMENT MAY BE BROUGHT ONLY IN THE COURTS OF THE STATE OF CALIFORNIA, IN LOS ANGELES COUNTY OR OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA. BOTH PARTIES WAIVE ANY RIGHT TO ANY OTHER VENUE.
9. The terms and conditions of sale set forth herein contain the total sale contract between the parties and all proposals, negotiations, representations, recommendations, statements or agreements made or entered into prior to or contemporaneously with this sale contract, except as specifically agreed to in writing by the Seller, whether oral or in writing, are excluded.
10. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future law, ordinance or regulation, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. All remaining provisions shall remain in full force and effect.
Except as may be expressly provided on this site to the contrary, all materials or other information found on this site or found on any other World Wide Web site owned, operated, licensed or controlled by Burger Motorsports, Inc. ("BMS") may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without BMS's prior written consent.
BMS reserves the right, without prior notice and without incurring any obligations, to discontinue or change the services offered on this site.
COPYRIGHT AND TRADEMARK
All copyrights, trade dress, trademarks or other intellectual properties provided on this site are owned by BMS or by other parties who have licensed their materials to us. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold BMS harmless from any claim related to the unauthorized use of any information on this site. You acknowledge that the unauthorized use of the content of this site could cause irreparable harm to BMS and therefore in the event of such an unauthorized use BMS will be entitled to an injunction in addition to any other remedy available at law or in equity. All rights not expressly granted hereunder are reserved.
SUBMISSIONS AND USE OF THIS SITE
You are solely responsible for the content of any submissions that you may make, and you agree not to submit information that is unlawful, defamatory, abusive or obscene. You further agree not to submit anything that may violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
BMS does not desire to receive confidential or proprietary information from you through this site. You agree not to submit any information that you may consider proprietary or confidential. You agree that any materials, ideas or other information submitted to this site are provided to BMS with a royalty free non-exclusive right and license to reproduce, modify, display, transmit, adapt, publish, translate, sub-license, distribute, create derivative works from or otherwise use such materials, ideas or other information throughout the universe in any medium and through any method of distribution, transmission, and display. This is true even if the submission is labeled or otherwise marked as confidential or proprietary.
BMS makes no representations whatsoever about any other Web site that you may access through this site. The appearance of a link on this site does not imply or otherwise suggest that BMS is affiliated with, associated with supports or otherwise endorses such a site. BMS has no ability to control the content of any other site and therefore BMS is not responsible for the content found on any linked site. You access linked sites at your own risk.
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this site shall be resolved in accordance with the laws of the state of Nevada. You consent to the exclusive jurisdiction of the federal and state courts of the State of Nevada with respect to any claim, action, suit or other proceeding arising out of or relating to your use of this site. The prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
ALL INFORMATION IS PROVIDED BY BMS ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BMS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
IN NO EVENT WILL BMS BE LIABLE TO ANY PARTY FOR ANY CLAIMS OR DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BMS IS NEGLIGENT OR IF BMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BMS'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
BMS does not guarantee the uninterrupted or error-free use of this site or that its server will be free of viruses or other harmful components or defects. Any use of information on this site is at your own risk.
Your privacy is important to us. Burger Motorsports, Inc. ("BMS") respects your privacy and will take reasonable care to protect any information that we may receive from you. We believe you have the right to browse our site anonymously.
THE INFORMATION WE COLLECT
From time to time we may request that you provide certain personal information, such as your name, e-mail address or phone number. This information will only be collected with your knowledge and used with your permission, such as to improve our service. We may also collect non-personal information about your transactions with us or with companies who advertise on our site, including information about your use of products and services that we or they offer. We will take the efforts described in this policy to protect your personal information.
When you visit our site we may also collect non-personal data about your visit, including the type of browser you are using, your domain name, the name of the Web page from which you entered our site, the pages you view and the order that you view them in, how much time you spend on each of our pages and the IP address associated with your computer. We will use this information only to improve our site's performance and operation. Your use of our site will remain anonymous unless if you choose to provide us with your information.
We may use aggregated information concerning how visitors use our site and share such information with third parties in order to improve our site and to help us attract advertisers and listings. For example, we may share how many individuals visited our site and how long they stayed on each page on average. Such use and sharing of aggregated information will not reveal any of your personal information to third parties.
We reserve the right to engage other companies to perform a variety of functions, such as to assist with promotions, provide technical assistance, etc. These companies may use your private information only to the extent necessary for these companies to fulfill their functions, and for no other purpose. We will not make your information available to any unrelated business or activity for any reason.
We reserve the right to use or disclose any information as needed to satisfy any law, regulation or other legal request, to protect the integrity of this site, to fulfill your requests or to cooperate in any law enforcement investigation or any other investigation related to public safety.
BMS takes your security seriously and will take reasonable steps to protect your information. Unfortunately, however, data transmissions over the Internet cannot be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us, which information you transmit at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any firewalls or secure server software we may employ. BMS has implemented the use of Secure Socket Layers to help mitigate the risks associated with unauthorized access. When transmitting certain kinds of information we will use SSL encryption. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions. The information that you provide to us will be stored securely on our servers.
BMS also maintains reasonable physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. We also work with vendors and partners to protect the security and privacy of user information. We also limit access to personal information about you to those employees, vendors, contractors agents or affiliates who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
If BMS learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. We may also post a notice on our site if a security breach has occurred. We may also send an e-mail to you at the e-mail address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving an electronic notice) you should notify us at firstname.lastname@example.org
CHOICE AND CONTROL
If you provide us information about yourself or your company, we would like to be able to contact you with details about new offers and services. If you wish to be excluded from these offers, you will have the opportunity to opt out of the marketing use of your information when you provide it to us or at the time that we contact you. You may also request information about your account with us, including a copy of your customer profile. We will provide this information to you on your request, and will update and correct your profile if you wish to make changes.