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JB4 Terms and Conditions

Performance Parts for Use Only in Competition Racing Vehicles

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.

Returns
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 KDMWarehouse.com. 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.

JURISDICTION
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 Florida. You consent to the exclusive jurisdiction of the federal and state courts of the State of Florida 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.

DISCLAIMER
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 NON-INFRINGEMENT.

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.

KDMWarehouse.com 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.

CALIFORNIA
Burger Motorsports, Inc. sells both replacement and competition use only performance parts. 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 below.


California regulates automobile aftermarket parts that have the potential to impact emissions. In most cases, the sale and use of emissions related aftermarket parts on automobiles is prohibited unless it is either a "replacement part" as defined by California, or is a specifically authorized use of that part as reflected in an Executive Order ("EO Part.")

The California Air Resources Board (ARB) regulates aftermarket parts and has promulgated regulations that essentially place all emissions related aftermarket parts into three categories:

(1) Replacement Parts Replacement Parts are aftermarket parts that ARB considers to be functionally equivalent to the stock part they are intended to replace, and therefore would not impact the emissions from these vehicles. These parts are appropriate for sale and use on automobiles used on or off the public highways. For aftermarket exhaust systems and parts, there are two applicable scenarios:

(a) If the automobiles stock exhaust system does not contain a catalytic converter, then an aftermarket exhaust part is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system, such as oxygen sensors.

(b) If the automobiles stock exhaust system contains a catalytic converter in the manifold section of the stock exhaust system, then an aftermarket muffler positioned downstream from the catalytic converter (i.e. cat-back) is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system.

(2) Executive Order Parts Executive Order Parts are aftermarket parts that ARB has evaluated and determined do not adversely impact emissions, and thereby are granted an Executive Order (EO), which allows the part to be sold and used on specified automobiles. Any aftermarket exhaust system that replaces or otherwise impacts emission control equipment, including catalytic converters, requires an EO to be sold and used on a automobile used on or off a public highway.

(3) Competition Use Only Parts may not be sold or used on an automobile that is used on or off the public highways other than those automobiles used exclusively for competition. Competition Use Only Parts are aftermarket parts that replace or otherwise interfere with the operation of an emission control device, such as a catalytic converter or oxygen sensor, and may be sold and used on an automobile that is used only for closed course competition.

THESE PARTS ARE LEGAL FOR USE ONLY IN COMPETITION RACING VEHICLES AS DEFINED UNDER CALIFORNIA LAW, AND ARE NOT LEGAL FOR USE IN ANY OTHER MOTOR VEHICLE. California law defines a "racing vehicle" as "a competition vehicle not used on public highways." (Calif. Health & Safety Code 39048) These parts may only be used on competition racing vehicles operated exclusively on a closed course in conjunction with a sanctioned racing event. Competition-only motor vehicles may not be driven to a racing event on a public highway and must be transported on a trailer or other carrier. USE OF THESE PARTS IN ANY OTHER VEHICLE MAY SUBJECT YOU TO FINES AND PENALTIES FOR VIOLATION OF FEDERAL AND/OR STATE LAW, WILL VOID YOUR WARRANTY FROM Burger Motorsports, Inc. , AND CAN VOID YOUR VEHICLE'S WARRANTY. It is your responsibility to comply with all applicable federal and state laws relating to use of these parts, and both KDM Warehouse and Burger Motorsports, Inc. hereby disclaims any liability resulting from the failure to use these parts in compliance with all applicable federal and state laws.

BUYER RESPONSIBILITY
It is the sole responsibility of the purchaser and installer of any BMS part to employ the correct installation techniques required to ensure the proper operation of BMS parts, and both KDM Warehouse and BMS disclaims any and all liability for any part failure due to improper installation or use. It is the sole responsibility of the customer to verify that the use of their vehicle and items purchased comply with federal, state and local regulations. BMS claims no legal federal, state or local certification concerning pollution controlled motor vehicles or mandated emissions requirements. BMS products labeled for use only in competition racing vehicles may only be used on competition racing vehicles operated exclusively on a closed course in conjunction with a sanctioned racing event, in accordance with all federal and state laws, and may never be operated on public roads/highways.