Terms & Conditions of Sale
By placing an order with us, you agree to the following terms and conditions:
By placing an order with Azusa Engineering, Inc., YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS AND CONDITIONS OF SALE AGREEMENT ("Agreement"). “You” or “your” in this Agreement refers to the person or entity that is visiting, purchasing products from, or taking delivery of products from this Website. Azusa Engineering, Inc. may be referred to as “Azusa,” “we” or “us.” Azusa and this website are owned and operated by Azusa Engineering, Inc., located at 1542 W. Industrial Park Street, Covina, California, 91722-3417. All purchases made from Azusa are subject to the terms and conditions in this Agreement.
You agree to read and abide by all of our posted safety advisories, warnings and requirements that are located at Safety Warnings, all of which are incorporated in this Agreement and made a part of this Agreement.
Motorized vehicles and other vehicles with moving or moveable mechanical parts and their individual components, such as those sold on this website, and motor sports in general, can be or are inherently dangerous, and can cause injury including SERIOUS INJURY OR EVEN DEATH.
You agree to and do assume all risk associated with the setup, operation, use or maintenance of any products purchased. You further agree to release and hold harmless Azusa and its employees, agents owners, officers and affiliates and exempt them from any liability for any injury or loss as a resulting from any products purchased. You hereby agree to follow all safety, setup, operation, maintenance and warranty information or procedures verbal or printed from any manufacturer and if the information is not shipped directly with the product, you agree to contact the manufacturer to get this information.
Motor vehicles and their individual components must be set up, installed and maintained properly. Setup, installation and maintenance advice and instructions are not provided by us. You are responsible for all product assembly, installation, setup and maintenance of any products purchased. If a setup, assembly, installation or maintenance task is beyond your expertise, then you agree to use the services of a qualified, competent professional mechanic at your own expense. You agree to have a qualified professional mechanic assemble and/or check final assembly, setup and maintenance of any products purchased. No labor charges are covered under any warranty in this Agreement. Incorrect procedures, unauthorized alterations or procedures by unqualified persons can result in product damage and void any warranty.
Products sold by us may not be modified or altered in any way and doing so voids any warranty, express or implied by law.
Prices & Availability
All prices are shown in U.S. dollars and are valid and effective only for products and services ordered and shipped within the United States; any applicable taxes and shipping and handling charges are additional and are added to prices that will appear on your invoice. All prices are subject to change without notice and are F.O.B. Covina, CA. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice.
You must be at least eighteen (18) years of age to purchase from Azusa. Only valid credit cards, cash or other payment method acceptable to us may be used to make purchases. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling, and any amounts described on this web site and your invoice) to that card or other method. If the card or other method cannot be verified, is invalid, rejected or is otherwise unacceptable, your order may be suspended or canceled automatically. You agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card or other method has expired or changed at or about the time we submit it. You agree to resolve any problem we encounter prior to us proceeding with your order. You will pay all charges incurred on your credit card, debit card or other payment method, including any applicable taxes, shipping, handling or other amounts charged by us.
Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with Azusa web site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, the terms and conditions in this Agreement will apply, unless you enter into different terms provided or agreed to by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these terms and any other contract or disclosure that we are required to provide to you.
We are required to charge all applicable state and local sales tax on orders shipped to California addresses. If we ship your order outside of California, you are responsible for any applicable taxes or other government fees. You agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Shipping, Handling & Delivery
Shipping and handling costs are included in your total and you agree to pay same as a condition of receiving your order. Unless we agree otherwise, we will ship your order via UPS (United Parcel Service) or the USPS (United States Postal Service). Although we cannot guarantee an exact delivery date of your order, we strive to give your order our immediate attention. Most orders are shipped within one to three business days. If we, in our sole discretion, agree to ship according to your special instructions, you agree to pay the shipping and handling charges added by us to your total. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. By submitting your order you agree to all charges included by us on your invoice. You agree that you will not obtain or direct shipment of product for export.
Risk of Loss
Shipments are F.O.B. Covina, CA. All products purchased from the website are transported and delivered to you by an independent carrier. Title to products purchased, as well as the risk of loss for such products, passes to you when we deliver the items to the carrier at our facility in Covina, CA. We shall not be liable for delays in deliveries or failure to deliver due to any cause or event beyond our control, including but not limited to, acts of God, acts of the buyer, acts of civil or military authority, fires or other casualty, labor disputes, floods, war, earthquakes, delays in transportation, inability beyond our reasonable control to obtain necessary labor, materials, components or manufacturing facilities, or any other commercial impracticability, strikes, labor difficulties, delay or defaults of carriers, or failure or curtailment of our sources of supply. We shall have the right in the event of the happening of any of the above to cancel your purchase or any portion of this agreement without any liability.
Customs and Excise Duties and Taxes
If you decide to export our product(s) from the United States, you shall be solely responsible for all applicable customs and excise duties and taxes. You assume all risks associated with exportation of our products from the United States and agree to comply, in all respects, with the export laws and regulations of the United States, together with the applicable laws and regulations of the country to which the products are ultimately imported.
We strive to carry an ample stock of every item we sell and to advise you on the web site if an item is temporarily out of stock. However, situations may arise from time to time where items are not available despite being shown in stock on the web site. You agree that in the event we are temporarily out of an item, it will be placed on back order and shipped as soon as the goods are replaced in our inventory unless we receive and agree to other instructions given to us by you. We will let you know within five days of placing your order about back-orders. If the back-ordered item is not available after two weeks, we will refund all charges related to the back-ordered item on your credit card and cancel that portion of your order.
Claims and Returned Goods
Goods may not be returned without our prior authorization. Please email us at firstname.lastname@example.org or call us at 1-626-967-4167, Monday through Friday, 8 a.m. to 4 p.m., Pacific Time to be issued a Returned Goods Authorization (“RGA”) number. We will email you a return label if we agree to the return. We may refuse to accept unauthorized returns. No return will be accepted without an RGA number. Claims for breakage or loss must be made directly with the carrier. Claims of defect, shortage or incorrect items shipped must be made within ten (10) days of your order delivery date. Returned goods are subject to inspection and a handling charge of 15%. Full credit or replacement will be given if there is a manufacturing defect or an error in filling the order. Refunds on shipping and handling are credited only when an items are incorrectly shipped or are defective in material or workmanship. All damage claims must be made directly with United Parcel Service (U.P.S.) or other shipper. All refunds will be credited to the same credit card used to make the purchase. Please allow one billing cycle for a credit card refund to appear on your statement. In our sole discretion, we may agree to another form of credit.
Items should be returned to: Azusa Engineering, 1542 W. Industrial Park St., Covina, CA 91722-3417, USA. Please make sure your package is insured and pre-paid, with your RGA number on the outside of the shipping carton and that you are using a pre-paid return label provided or arranged by us. If you choose to return the item in your own packaging using another shipping method, please be sure to use our return address listed above.
If you do not use a pre-paid return label, the shipping fee will not be deducted from your return. You will receive a confirmation e-mail once the package has arrived at our facilities. We will not accept C.O.D. packages.
Insurance is covered when using a pre-paid return label. Unfortunately, we cannot refund your original shipping charges unless an item arrived defective in material or workmanship or items were incorrectly shipped as a result of error on our part.
Simply email ( email@example.com ) or call us at 1-626-967-4167 if you want to exchange something unused or if you would like to request a pre-paid return label. For exchanges, we will send in-stock items right away, charge your credit card, and credit the return once we've received and processed it. Unfortunately, we cannot refund original shipping charges for exchanges or returns, unless an item arrives defective in material or workmanship or was incorrectly shipped as a result of error on our part.
Purchases by Merchants
Any purchase you make that is for any use other than as a consumer constitutes the purchase of commercial goods and terms of sale shall be construed to be between merchants. Except as agreed in writing, these terms contain the entire agreement between you and Azusa. No representation, affirmation of fact, course of prior dealings, promise, condition or usage of the trade shall be binding on either party and no change, modification, rescission, discharge, abandonment or waiver of these terms shall be binding upon Azusa unless made in writing, and signed on its behalf by an authorized representative. Insofar as any of these terms are not enforceable in any particular jurisdiction, such unenforceable provision shall be deemed not to apply. These terms apply to all commercial sales of products by Azusa except as modified by Azusa’s written agreements, quotes, or confirmations. No additions or modifications are effective unless accepted by Azusa in writing. All other terms are expressly rejected. Orders for goods shall be considered complete upon shipment of a reasonable quantity over or under the amount specified when it is impractical to produce the exact quantity ordered.
Limited Warranty On Goods Manufactured By Azusa Engineering, Inc.
Except as otherwise disclaimed on this web site or by Azusa other documentation, Seller warrants to the original purchaser only that goods it manufactures will be of the kind and quality described in the invoice and will be free of defects in material or workmanship for a period of 60 days from the date of the original buyer’s purchase.
After proper notification by the original purchaser as described below, and upon our satisfaction that the goods have been stored, transported, installed, maintained and operated as required by us and in accordance with standard industry practice, we will, at our option, repair or replace goods that are found to our satisfaction, to be non-conforming or defective in material or workmanship. We may refund the purchase price to the original purchaser if we are unable by repair or replacement to make the goods perform the function for which they, according to us, in our sole discretion, were designed. This warranty does not obligate us to bear any transportation, shipping, removal or installation charges in connection with goods covered by this warranty.
This warranty does not cover defects or costs caused by: 1) wear and tear; 2) modification, alteration, repair or service of the goods other than by us; 3) physical abuse to or misuse of the goods;, 4) use of the goods other than that for which they were intended by us; or 5) goods damaged or lost in transit To obtain warranty benefits the original purchaser must, within the warranty period: 1) notify us in writing delivered to Azusa Engineering, Inc., 1542 W. Industrial Park St., Covina, CA 91722-3417, USA of the particulars of the defect or failure of the goods to conform; and, 2) deliver the goods to us at the address listed above with shipping costs to be born by original purchaser.
Limited Warranty on Goods Manufactured by other than Azusa Engineering Inc.
Azusa warrants that the goods manufactured by others will conform to the description stated on the invoice. Any warranty of the original manufacturer is assigned and transferred to the buyer and except for the original manufacturer’s warranty, if any, the goods sold hereunder are sold “AS IS.”
THE ABOVE WARRANTIES ARE EXCLUSIVE, THE ONLY WARRANTIES ON ANY GOODS WHETHER MANUFACTURED BY US OR OTHERS, AND ARE IN LIEU OF ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, OTHER THAN AS STATED ABOVE ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. ANY DESCRIPTION OF THE GOODS, AFFIRMATION OF FACT OR PROMISE, SAMPLE, MODEL, PHOTOGRAPH, ILLUSTRATION OR MODEL, WHETHER OR NOT DEPICTED ON THIS WEB SITE, IS NOT A PART OF THE BASIS OF THE BARGAIN AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS WILL CONFORM THERETO.
Limitation of Liability
Correction of defects and/or non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all of our liabilities to any purchaser whether based on contract, negligence, strict tort or otherwise. Neither we, nor any of our affiliates shall under any circumstances be liable for any damages, whether direct, special, incidental or consequential whatsoever. The remedies set forth herein are exclusive, and our liability with respect to any contract, or anything done in connection therewith including but not limited to the performance or breach thereof, or from the manufacture, sale, delivery, resale, installation or use of any goods covered by or furnished under this Agreement whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise, shall not, except as expressly provided in this Agreement, exceed the price of the non-conforming or defective goods upon which such liability is based. Without limiting the foregoing, no liability shall result from delay in performance or non-performance caused by circumstances beyond our control, including but not limited to acts of God, fire, flood, war, government action, accident or work stoppage.
Applicable Law & Disputes
This agreement shall be governed by the laws of the State of California and any applicable laws of the United States of America without regard to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that any dispute arising out of or relating to your purchase of products through the website shall be brought only in the federal or state courts located in Los Angeles County, California. You further agree that venue is proper in any such court and you submit to the jurisdiction of these courts. If you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief.
You agree to defend, indemnify and hold us harmless and our affiliates, successors and assigns, and our directors, officers, employees, agents, co-branders, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, lossess, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind, incurred by us, arising out of or relating to your use of the website, your violation of this Agreement, or your violation of any rights of another. In the event of litigation, reasonable attorney’s fees and costs shall be awarded to the prevailing party.
Miscellaneous Legal Provisions
You agree that this Agreement creates no joint venture, partnership, employment, or agency relationship between you and us. Our failure to enforce any provisions of this Agreement or respond to a breach shall not constitute a waiver of any right or condition of this agreement. If any provision in this Agreement in invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement is the entire and final Agreement regarding the Website and its content, and supersedes any prior or contemporaneous communications between you and us regarding the website and its contents.
Printers, Stenographic and Clerical Errors
We use best efforts to accurately depict information and images on its website. On occasion duplicate images are used to depict some products that vary minimally from the associated image. Further, product or information changes may occur before updated information may be posted to the website. In the course of doing business, errors by printers, stenographers, computer operations and clerks sometimes occur. We reserve the right to correct any such errors without penalty. When changes to products or incorrect information are brought to our attention, we will attempt to update the website in a timely manner. However, we cannot and will not be held responsible for any damages incurred as a result of such errors.