Please take the time to read through these terms and conditions in respect to the use of our website.
Chaparral Motorsports reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
We welcome your comments about our Web Site. However, any comments, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Chaparral Motorsports. Your submission of any such Comments shall constitute an assignment to Chaparral Motorsports of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Chaparral Motorsports will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork
To the extent our Web Site contains hyper links to outside services and resources, the availability and content of which Chaparral Motorsports does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This Web Site and all Content available on this Web Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that Chaparral Motorsports shall not be liable for any damages of any kind related to your use of this Web Site. Chaparral Motorsports assumes no responsibility for the timeliness, deletion, misdelivery, or failure of its services.
Most products displayed on our Web Site or in our catalog are available in the Chaparral Motorsports retail store. In some cases, merchandise displayed for sale on our Web Site or in our catalog may not be available at the store. The prices displayed on our Web Site or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.
Certain performance products sold or distributed through Chaparral Motorsports may change your vehicle's emissions to be illegal to ride on the highway and for closed competition only. Please check local vehicle codes regarding vehicle modifications prior to installing any engine, fuel and air emissions modifications to your vehicle.
Federal and state “anti-tampering” laws regulate modifications that affect emissions from motor vehicles, including motorcycles.
For example, California’s anti-tampering laws prohibit the sale, installation, and on-highway use of any add-on or modified emissions-related part (e.g., fuel injection systems, re-jetting of carburetors, aftermarket catalytic converters) on any pollution-controlled motorcycles unless the part has received an exemption from the California Air Resources Board (“CARB”). Non-exempt products may be legal for use on certain older model motorcycles or racing vehicles that are never used upon a highway. For a list of CARB-exempted aftermarket critical emission control parts for highway motorcycles, see http://www.arb.ca.gov/msprog/aftermkt/motorcycle1/exempthmc.pdf. (See also CARB’s web page on “Motorcycle Aftermarket Parts” at http://www.arb.ca.gov/msprog/aftermkt/motorcycle1/motorcycle1.htm). The law authorizes CARB to pursue legal remedies, including substantial fines and penalties, against those who violate these anti tampering laws. Modifications that increase emissions from motorcycles can be illegal in certain states in addition to California.
Any “add-on” or “modified” emissions-related parts contained in this catalog that are subject to anti-tampering laws may or may not have been evaluated and/or exempted by CARB or other applicable enforcement agencies. The manufacturers of aftermarket add-on and modified parts must obtain exemptions from CARB before their products may be legally sold, installed or used upon highways in California. As a distributor, Tucker Rocky makes no representation or warranty with respect to whether the items in this catalog are legal for sale, installation or on-highway use in California or in any other state. Consult with the manufacturer as to any such exemptions before purchasing any add-on or modified emissions- related parts for use in California or elsewhere.
Customer agrees to defend, indemnify, and hold harmless Chaparral Motorsports and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Chaparral Motorsports' Web Site, thru the Chaparral Motorsports' Retail store or thru Chaparral Motorsports' call center. Chaparral Motorsports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Chaparral Motorsports in asserting any available defenses.
Any action relating to the use of the Web Site, catalogs or any transaction with Chaparral Motorsports must be brought in the state or federal courts located in the County of San Bernardino, California.
Please take the time to read through these terms and conditions in respect to the sale of products through Chaparral Motorsports.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN Chaparral Motorsports' INVOICE OR OTHER Chaparral Motorsports DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE.
These Terms and Conditions of Sale constitute a binding contract between Customer and Chaparral Motorsports. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Chaparral Motorsports' Web Site (the "Web Site"). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Web Site at the time Customer initially places or modifies an order will govern the order in question.
These Terms and Conditions of Sale constitute the entire agreement between Customer and Chaparral Motorsports relating to the Terms and Conditions of Sale of products on the Web Site Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer agrees that the Terms and Conditions of Sale contained herein and in Chaparral Motorsports' invoice or other documentation will control. No course of prior dealings between the parties will be relevant to determine the meaning of these Terms and Conditions of Sale or invoice related thereto. For the purpose of these Terms and Conditions of Sale, "Customer" means the person or entity that purchases, places an order or otherwise shops at Chaparral Motorsports' Web Site
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California. Customer expressly agrees any action relating to the use of the Web Site, catalogs or any transaction with Chaparral Motorsports must be brought in the state or federal courts located in the County of San Bernardino, California.
Chaparral Motorsports will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Chaparral Motorsports charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays.
Chaparral Motorsports retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Customer represents and warrants that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that Chaparral Motorsports is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Chaparral Motorsports. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Chaparral Motorsports. CHAPARRAL MOTORSPORTS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF CHAPARRAL MOTORSPORTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
IN NO EVENT WILL CHAPARRAL MOTORSPORTS OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CHAPARRAL MOTORSPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CHAPARRAL MOTORSPORTS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER CHAPARRAL MOTORSPORTS NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER CHAPARRAL MOTORSPORTS NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
Chaparral Motorsports will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency
Motorcycles can be dangerous. Chaparral Motorsports has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part.
ATVs with engine sizes of 70cc to 90cc are recommended for use only by those age 12 years and older, and always with adult supervision. Chaparral Motorsports recommends that all ATV riders take an approved training course. For safety and training information, call the ATV Safety Institute at 1-800-887-2887. ATVs can be hazardous to operate. For your safety: Always avoid paved surfaces. Never ride on public roads. Always wear a helmet, eye protection and protective clothing; never carry passengers; never engage in stunt riding; riding and alcohol/drugs don't mix; avoid excessive speed; and be particularly careful on difficult terrain.
ATVs with engine sizes of 90cc or greater are recommended for use only by those age 16 and older. Chaparral Motorsports recommends that all ATV riders take an approved training course. For safety and training information, call the ATV Safety Institute at 1-800-887-2887. ATV can be hazardous to operate. For your safety: Always avoid paved surfaces. Never ride on public roads. Always wear a helmet, eye protection and protective clothing; never carry passengers; never engage in stunt riding; riding and alcohol/drugs don't mix; avoid excessive speed; and be particularly careful on difficult terrain.
Customer agrees to defend, indemnify, and hold harmless Chaparral Motorsports and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Chaparral Motorsports' Web Site Chaparral Motorsports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Chaparral Motorsports in asserting any available defenses.
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders.
We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.
Customer is responsible for maintaining the confidentiality of Customer's account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer's account or password.
Orders are not binding upon Chaparral Motorsports until accepted by Chaparral Motorsports. Chaparral Motorsports reserves the right to refuse service to anyone. Terms of payment are within Chaparral Motorsports' sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Chaparral Motorsports may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Chaparral Motorsports from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Chaparral Motorsports' costs of collection, including court costs, filing fees and attorney's fees.
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Chaparral Motorsports' policy on returns and exchanges.