By viewing and using the DIABLO RACING site you agree to the following:
COPYRIGHT AND TRADEMARK
All content included on this site, such as text, graphics, logos, button icons, images, audio clipsand software, is the property of DIABLO RACING or its suppliers and protected by U.S. and international copyright laws. All trademarks, service marks, and trade names are proprietary toDIABLO RACING. All other trademarks not owned by DIABLO RACING or its subsidiariesthat appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DIABLO RACING. Any unauthorized use of thematerials appearing on this site may violate copyright, trademark and other applicable laws andcould result in criminal or civil penalties. All software used on this site is the property DIABLO RACING or its software suppliers and protected by U.S. and international copyright laws andmay not be reproduced, modified, distributed, transmitted, or republished. You may not copy anypictures hosted on this site for use on any other business / store website (personal use ONLY!). You may not, under ANY circumstance, link to pictures hosted on this site from outsidewebsites. This is considered stealing bandwidth, and is not allowed without written permission from DIABLO RACING.
ORDER ACCEPTANCE and SUBMISSIONS
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. DIABLO RACING reserves the right at any time after receipt of your order to accept or decline your order for any reason. DIABLO RACING reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust yourinvoice accordingly. DIABLO RACING may require additional verifications or information before accepting any order. International orders may be subject to tariffs, taxes, and regulations.DIABLO RACING is not responsible for shipping delays or any additional fees for international orders. We gladly accept international orders from most countries. However, 4% will be added to your transaction total, to cover the international credit card fees that we incur. This is an actual cost that we incur when we accept overseas credit card. In the event that an order is canceled by the customer, the customer agrees to pay an order cancellation penalty (also known as are stocking fee). The cancellation penalty is 25% of the total cost of the invoiced order. Contact us first if you have any questions.
SPECIAL ORDERS
For any order that is placed with DIABLO RACING exceeding $9000 USD will require a 50% NON-REFUNDABLE deposit to initiate the order. The deposit must be paid by bank wire transfer and will be used towards the total invoice amount of the special order. In the event that the special order contract is breached by the customer, the customer agrees to pay an order cancellation penalty. The penalty is 25% of the total cost of the order. Failure to do so will result in prosecution. If prosecution is necessary, DIABLO RACING reserves the right to include the cost of attorney fees, court costs, filing fees, and research fees to the invoice of the customer whois in default.
LIMITATION OF LIABILITY AND DISCLAIMER
The DIABLO RACING web site (www.diablo-racing.com) and the materials therein are provided “AS IS”. DIABLO RACING makes no representations or warranties, either express or implied, of any kind with respect to the operation, contents, information, or materials contained therein. You agree that DIABLO RACING, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the DIABLO RACING web site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect,compensatory,special, incidental, punitive and consequential damages. Returns must be requested within five days of receiving the product. All returned products to DIABLO RACING are subject to a 25% restocking fee. Buyer must pay for all shipping and handling fees on any and all returns to DIABLO RACING. All products returned for credit must be in the original manufacturer container and never used. The original Buyer is the only person that may request a return for products. All warranty cards, stickers, CARB information and such must be returned with the product. Defective and mis-shipped items may be exchanged only for the originally or dereditem only. DIABLO RACING shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has alreadybeen charged for the purchase and your order is canceled, DIABLO RACING shall immediately issue a credit to your credit card account in the amount of the incorrect price. DIABLO RACING reserves the right to change any information on this site at any time. Items purchased through DIABLO RACING are subject to the respective manufacturer’s warranties and guarantees upon their discretion and time frames. In accordance with industry standards, most high performance parts are sold as is with no warranty. DIABLO RACING is in no way liable for any consequential damages arising from any items we sell including but not limited to; labor costs, transportation costs, damage to other parts on the vehicle, damage to otherproperty or vehicles. Items for sale on this site are for off-road use only and are not smog legal. Please inquire about this prior to ordering if you aren’t sure. DIABLO RACING makes no guarantees on products passing local emissions or inspection requirements.
RISK OF LOSS
All items purchased from DIABLO RACING are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We ship all items WITH shipping insurance, and are not responsible for damages caused during shipping. Please file a claim with the appropriate shipping company if your item was damaged during transit; we can assist you if you need help. PLEASE INSPECT YOUR ITEM BEFORE SIGNING FOR IT, BECAUSE IF YOU DO NOT AND LATER DISCOVER THE ITEM IS DAMAGED, YOUR CLAIM WILL BE DENIED! Make the shipper wait if you have to, just make sure to ALWAYS inspect ANY package you get before the shipper leaves.
JURISDICTION
You agree that any legal action brought against DIABLO RACING shall be governed by the laws of the state of North Carolina without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of DIABLO RACING,or orders made on DIABLO RACING, shall be held in a federal or state court located in Mecklenburg County in the State of North Carolina.