1. CALIFORNIA CUSTOMERS WARNING INFORMATION:
You acknowledge and agree that if the selected products that you are about to purchase from SpeedMob affect factory-installed emission equipment, then these products are intended FOR RACING USE ONLY, i.e. for use and installation on racing vehicles to be used on closed courses only, and MUST NOT be used on roads or installed on vehicles subject to emission control requirements. You agree NOT to use or install the product(s) on vehicles registered or otherwise licensed for use on public roads in California. By purchasing this product you confirm that you have read and understood this Warning, and you agree that you will comply with its requirements. Any use inconsistent with the above will void the manufacturers warranty, without further notice or action on the manufacturers part.
2. Acceptance. These Terms and Conditions of Sale (the Terms) apply to any order for any product purchased from SpeedMob Inc. (the Products), and are deemed accepted by the buyer (Purchaser) upon submission of any such order and prevail over any and all terms and conditions contained in any purchase order or other document delivered by Purchaser. No agent, employee or representative of SpeedMob is authorized to change, waive, alter or modify these Terms.
3. Prices and Products. The prices will be those in effect on the date of shipment and do not include shipping and handling. SpeedMob may modify its prices and any of its products without notice.
4. Shipping and Handling; Risk of Loss. SpeedMob will use its discretion in selecting a reputable carrier and appropriate means of shipment for the Products. The Purchaser assumes the risk of loss or damage to the Products in transit. In the event of damage or loss during transit, it is the Purchasers responsibility to file a claim with the carrier.
5. Taxes. Prices for the Products do not include any federal, state or local taxes. Purchaser agrees to pay all such taxes applicable to the sale or use of the Products.
6. Limited Warranty. Please see the applicable manufacturers warranty (if any).
7. Force Majeure. SpeedMob shall not be responsible for any loss, damage or delay caused by industrial disturbances or disputes, strikes, fire, acts of nature, acts of God, casualty, embargoes, currency restrictions, labor, conflicts or shortages, war, radiation, civil riot, import or export restrictions, shortage of materials or labor, or any other cause beyond SpeedMobs reasonable control, even if SpeedMob knew, had reason to believe, or was advised of the possibility or probability of any such cause.
8. Governing Law; Arbitration. All sales of products hereunder are governed by California law, without giving effect to its conflict of law provisions. SpeedMob and Purchaser agree that any dispute arising out of these Terms shall be resolved by binding arbitration under the Commercial Arbitrations Rules of the American Arbitration Association, to be held in San Francisco, California. The prevailing party shall recover from the other party all reasonable costs and expenses, including, without limitation, reasonable attorneys fees and costs for the enforcement of the award. This section is intended to be severable from the other provisions of the Terms and shall survive any judgment or arbitration award and shall not be deemed to be merged into the judgment or award. These Terms may be modified by SpeedMob USA at any time.