Terms and Conditions

The following terms and conditions govern all sales and requests under this order and constitute a binding contract between Customer and Shark Werks, Inc. (the “Company”) and no additions or changes to the terms of this order shall be valid unless in writing and signed by the Company:

1. WARRANTY “AS IS”:  The only warranties applying to the parts sold are those which may be offered by the manufacturer.  The Company hereby expressly disclaims all warranties, either express or implied, including any implied warranties of merchantability or fitness for a particular purpose, and the Company neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the parts and/or services.  Customer shall not be entitled to recover from the Company any damages to its property (including loss of use), for any loss of time, profits or income or for any other incidental damages whether by defects pertaining to safety or performance, by way of “strict liability” or negligence, or by any other manner.

2. CONSEQUENTIAL DAMAGES: The Company will not be liable for any damages that Customer suffers because of late deliveries or non-deliveries caused by any circumstances.

3. RISK OF LOSS:  The Company ships by insured carrier only and the Company’s liability ceases when carrier accepts the Company’s shipment.  All claims for breakage, damage, or losses shall be made directly to carrier. It is understood that the Company will not be held responsible for loss, damage, or theft of any Customer’s vehicle or any personal property left by Customer at the Company.  Any property left by Customer over 30 days will become the sole property of the Company.

4. SPECIAL ORDERS:  Except as expressly set forth herein, the Company will process special orders in most timely and efficient manner; however the Company will not be held responsible for the delays above and beyond its control.  It is understood that the Company is not responsible for special order left after 30 days, after which time will become the sole property of the Company. Specially-made items must be paid in full at time of order and are not refundable.

5. PAYMENT:  Unless otherwise agreed to in writing by the Company, payment is due upon receipt of services and/or ordering of goods.  Until made, late payments will accrue interest at the rate of two percent (2%) per month for each month (or fraction thereof) after payment is due.  Customer agrees to pay $25.00 service charge for all returned checks.

6. CANCELLATION: The Company reserves the right to cancel this sale or any portion of it if Customer is unable to meet his obligations as they mature, or if proceedings under bankruptcy or insolvency laws are brought against Customer, or if a receiver for Customer is appointed or applied for, or an assignment for benefit of creditors is made by Customer.

7. DEFAULT:  In the event the Company is involved in any legal action either by or against Customer, or by or against any other party arising out of this sale or any of the merchandise or services provided herein, and the Company is the prevailing party in the litigation, Customer agrees that it will be liable to the Company for reasonable attorney’s fees and other costs connected herewith.  Customer also agrees that it will pay any collection costs the Company incurs to enforce terms of this sale.

8. ASSIGNMENTS:  This order may not be assigned by Customer, nor may any assignment of monies due or to become due hereunder made by Customer, without the prior written approval of the Company.

9. SEVERABILITY:  The invalidity in whole or part of any single condition of this sale shall not affect the validity of other conditions.

10. SECURITY INTEREST:  The Company retains and reserves a security interest in the goods sold to Customer for the purchase price until payment is made by Customer.

11. INDEMNIFICATION:  Customer will indemnify and hold the Company harmless for all liability and damages incurred as a result of any work performed by the Company pursuant to Customer’s request.

12. LIABILITY:  Customer will assume all liability and responsibility for all work performed by the Company pursuant to Customer’s request.

13. REFUND POLICY:  Refunds, exchanges or credits towards another purchase are subject to the following conditions and restrictions:

  1. All requests for refunds, exchanges or credits towards another purchase must be made within (30) days from the date of original invoice.
  2. Original receipt must be presented at the time of credit or exchange.
  3. There will be NO exchange or credit on special orders, electrical merchandise, specialized or personalized items.
  4. A restocking fee of 20% will be charged on all exchanged and credited merchandise, cancelled orders and layaways.
  5. Returned merchandise must be unused and in its original package.
  6. Parts may not be returned if installed, modified, painted, or used.
  7. Wheel or tires which have been mounted or driven on may not be returned.

14. DEPOSIT:  There will be a 100% minimum deposit on all special orders.  NO refunds on special orders that require importing from out of the country or parts that have been shipped.  

15. NOTICE:  Customer is hereby notified that the Customer’s vehicle or any personal property left by Customer at the Company is not insured or protected to the amount of the actual cash value thereof, or otherwise, against loss occasioned by theft, fire, vandalism or any other cause while the property remains with the Company.

16. STATEMENT CONCERNING AMENDMENTS TO THE SONG-BEVERLY WARRANTY ACT AS FOLLOWS:  “A buyer of this product in California has the right to have this product services or repaired during the warranty period.  The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs.  If a defect exists within the warranty period, the warranty will not expire until the defect has been fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed.  If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect the protections or remedies the buyer has under other laws.”

17. CALIFORNIA HEALTH & SAFETY CODE SECTION 25249.6 – PROPOSITION 65:  Some of the materials being removed and used during the servicing of vehicles are known to the State of California to cause cancer, birth defects or other reproductive harm.

18. CHOICE OF LAW/FORUM SELECTION:  Customer hereby agrees that these contract terms shall be construed under the law of the State of California, that this contract is entered into the State of California, and that in the event of litigation, the claims of the parties shall be resolved in the Superior or Municipal Court of the County of Alameda, Fremont, California.

19. PLEASE NOTE: All engine modifications parts (except those that are exempt) are for use on racing vehicles only, which may never be used on public roads in the USA.  User assumes all costs and risk associated with these and other items. All headlights (except OEM replacement, Hella XL, & Vision Plus) are not legal for use on public roads in the USA.