Terms and Conditions of Sale

TERMS AND CONDITIONS OF SALE AGREEMENT

Last Updated: August 15, 2008

The terms and conditions contained in this Terms and Conditions of Sale Agreement (hereinafter referred to as “Agreement”) (including, but not limited to, those terms and conditions on the face of hereof) constitute the entire agreement between DRIVEWIRE INC. (d/b/a DriveWire.com) (hereinafter referred to as "Seller") and Buyer with respect to the goods, replacement parts, high-performance parts, Special Order items and/or services described on the face hereof (hereinafter collectively referred to as "goods") and shall supersede all prior communications, correspondence, Buyer's purchase orders, and any past orders, confirmations or contracts of Seller, Buyer or any agent of either party with respect to the goods. In the event that Buyer relies on documents which supersede this sales contract and which are inconsistent with any provisions contained herein, such inconsistent provisions shall not be deemed accepted by Seller by shipment, performance or otherwise unless initialed by Seller. This contract may be modified only in writing signed by both Seller and you, the “Buyer”.

1) Legal and Enforceable Online Contract

By processing your pending order through the utilization of your credit card, money order or check, YOU AGREE THAT YOU, THE BUYER, BY SIGNIFYING YOUR ASSENT HAVE AGREED TO BE CONTRACTUALLY BOUND TO THE TERMS OF THIS AGREEMENT, AND ACCEPT THESE TERMS AND CONDITIONS OF THIS AGREEMENT TO GOVERN YOUR PENDING TRANSACTION WITH SELLER. YOU FURTHER AGREE THAT YOUR ASSENT, GIVEN ELECTRONICALLY, SHALL HAVE THE SAME LEGAL EFFECT AS IF IT HAD BEEN PERSONALLY SIGNED BY YOU. TO THE EXTENT PERMITTED BY LAW, THIS AGREEMENT IS INTENDED TO SUPERSEDE ANY PROVISIONS OF APPLICABLE LAW WHICH MIGHT OTHERWISE LIMIT ITS ENFORCEABILITY OR EFFECT BECAUSE IT WAS ENTERED INTO ELECTRONICALLY.

2) 18 Years of Age to Purchase

To purchase items at Seller’s Website, you must be 18 years of age or older. Any offers of sale presented on this Website or our Associates’ Website are only intended for individuals who are 18 years of age or older. By purchasing items from this Website, you affirm that you are 18 years of age or older.

3) Return Policy

ALL SALES ARE CONSIDERED FINAL 10 DAYS AFTER THE ORIGINAL INVOICE DATE.
Please inspect all items when received and immediately notify DriveWire if you need to return or exchange the product/s.

• You must request a return using our online RMA Form within 10 days of purchase and the product/s must recieved by DriveWire.com within 30 days of purchase invoice date to be eligible for credit.
• RMA numbers are not required for Core Returns. Cores must have the original invoice number onthe box and be returned and accepted by our returns department within 30 days of purchase date. 
• DriveWire will not accept new returns including cores to its warehouse after 30 days of the original invoice date unless the item is defective and needs to be replaced under warranty. All items returned after the 30 day time period will not be eligible for credit and will be returned at the original purchasers expense. 
• Please understand that DriveWire must be able to sell all returned parts as new to our customers. Any products returned that are not 100% resellable will be returned at the purchasers expence. All products returned must be in the original unopened/undamaged packaging and have an RMA# clearly written on the box and be received in a new, unused and ready-to-sell condition (including all original packaging, parts, and paperwork). We cannot accept items that have been used, installed, or disassembled for any reason.
• Any Items removed from the hermedically plastic sealed environment (repair manuals, electronic items) will not be eligible for return under any circumstances. 
• Special Orders are not returnable for any reason. All sales are considered final on all Special Ordered items. 
• DriveWire Inc. will not reimburse return shipping fees, labor charges or installation fees under any circumstances.

Items Not Returnable for any Reason

• Repair Manuals
• Installed Items
• Special Orders
• Universal Parts
• Electronic items
• HID Bulbs
• Wiper Blade Inserts
• Eibach and B&G Branded Products
• Items removed from the sealed plastic bag, or the security seal is breached.

4) Credits

All credits are issued on account less a $9.95 Handling Charge.

Refunds back to the credit card must be made by request via email to credits@drivewire.com and will be charged a minimum 30% restocking fee.

Core returns are subject to a $14.95 Shipping and Handling Charge

All returned product(s) will be fully inspected upon receipt and must meet the following criteria for a credit:

The item(s) must be returned in a new condition

• Any products returned that are not 100% resellable will be returned at the purchasers expence.
• All products returned must be in the original unopened/undamaged packaging and have an RMA# clearly written on the box and be received in a new, unused and ready-to-sell condition (including all original packaging, parts, and paperwork).
• We cannot accept items that have been used, installed, or disassembled for any reason.

The returned package must be clearly labeled with a proper Return Authorization Number (RMA#)

• If you sent your part back to the return address on the box without an RMA number, you will not receive credit unless you can provide a valid traceable return tracking number. If you can provide a return tracking number, it will take approximately 10-12 weeks to process your return if your return is located.
• All parts returned without an RMA number will be charged a 45% restocking fee. No exceptions.

Most returns are credited within 30 -45 days of receipt of return. All refunds are applied in the same manner you paid (e.g., if you paid with a check, you will receive a check refund). Credit card refunds take approximately 3-5 business days to show up on your statement. This is beyond our control.

5) Cancelation Policy

Once the order is electronically submitted (credit card authorized) either through the drivewire.com website or via a customer service representative we can not cancel the order for any reason. The DriveWire.com ecommerce system automatically submits the order to one of our many warehouse partners with no human intervention. There is absolutely no way for our customer service agents to interceed and cancel the order. Once an order has been submitted the order must be handled as a new part return and is subject to all restock and return charges, no exceptions!

6) Shipping Charges

APO/FPO, Alaska , Hawaii and International addresses do not qualify for free shipping. Ground shipping in the Continental 48 States is usually 5-7 business days. Hawaii and Alaska Shipments are handled by UPS or Fed-Ex and can only be shipped by Next Day Air or 2nd Day Air. We do not provide and Free Ground shipping to Alaska or Hawaii . DriveWire ships all international orders (Including Canada and Mexico ) via UPS. We have no way of calculating customs and duty fees and you the consumer are solely responsible for these charges at the time of delivery. If you refuse the package at the time of delivery, we reserve the right to not refund any of the purchase price of the order including the shipping charges, and will recover any fees associated with the return cost of the products. If your order does not qualify for free shipping, your shipping charge will be based on the weight of your order, the distance shipped, and the shipping method you selected during checkout. This includes items shipped in multiple boxes and/or from multiple locations

7) Product Display/Colors

Seller’s Website attempts to display product images shown on the Website as accurately as possible. However, Seller cannot guarantee that the image represents the exact product color or configuration that Buyer will receive, as many product images are provided by the manufacturer and the Seller has no control over such images.

8) Errors on Our Website

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Seller reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Seller’s Rejection of Goods and Claims stated in Paragraph 3 of this Agreement.

9) Products Sold in “AS IS” Condition

Buyer understands and agrees that all goods sold by Seller to Buyer are in "as is" condition. Seller does not have any control of the condition, quality or consistency that manufactures have or maintain in the production of said goods. Neither Seller nor any agent or broker on its behalf has made any warranties, express or implied, of any kind with respect to the goods or the condition, quality or consistency of the goods. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS BY SELLER FOR ANY PARTICULAR PURPOSE, BUSINESS OR USE. The goods are delivered free of the rightful claim of any third party by way of infringement or otherwise. SELLER SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INJURY OR LOSS OF ANY KIND OR TYPE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY ECONOMIC LOSS, LOSS OF PROFIT OR FINANCIAL DETRIMENT OF ANY KIND, PROPERTY DAMAGE OR LOSS OF USE, BODILY OR PERSONAL INJURY OR EMOTIONAL DISTRESS.

10) Pricing

All prices stated herein are subject to change prior to Seller's acceptance of Buyer's order. With respect to orders scheduled for shipment thirty (30) days or more after the date of Seller's acceptance of Buyer's order, Seller reserves the right to invoice such shipment according to the prices prevailing at the time of shipment and Buyer agrees to pay any increase in price prior to shipment. Prices do not include shipping and handling charges or applicable taxes, unless specifically stated otherwise. Online pricing may vary from Seller’s pricing at auction Websites.

11) Terms of Payment

Unless otherwise specified herein, payment is due at time of placement of Buyer's order. Seller accepts VISA, MasterCard, American Express and Discover credit cards, Money Orders, Cashiers Checks and Pay Pal, subject to approval at Seller's sole discretion. Seller does NOT accept C.O.D. orders. Seller reserves the right to require payment by Money Order, Cashier's Check or Wire Transfer at the sole discretion of Seller. All Orders shipped outside the United States or Canada must be paid by Money Order, Cashier's Check, Pay Pal or Wire Transfer denominated in United States currency. Seller does not extend credit or terms to Buyer under any circumstances.

12) Coupons

• Unless otherwise noted on the coupon, all coupon codes are issued with a minimum spend requirement. This minimum spend requirement is detailed with the coupon code.
• All coupon codes include an expiration date. We do not issue open ended coupon codes. The expiration time is at 12:01 am eastern time on the date the coupon expires. If for example the coupon is set to expire on 10/31, at 12:01am eastern time on 10/31 the coupon will become invalid
• We always excluded coupon usage on the following items: Close-Out Items and Discounted Items. For coupons that have a minimum spend requirement, purchase of these coupon exempt items are not used in the calculation of the total purchase amount for other qualifying items in the same order.
• The coupon code must be entered by the customer at the time of checkout on the payment confirmation page. Failure to do so does not entitle the customer to a refund of the coupon discount amount after the order has been submitted. We cannot retro-actively apply coupon discounts for orders already placed.
• All coupon codes we issue are non-negotiable.
• Unless specifically noted on the coupon, coupons are valid for one use per customer.
• We reserve the right to cancel or reject any order if in our opinion the coupon used was unauthorized, ineligible, obtained illegally or altered in any way.
• Discount coupons may not be used on bulk orders which have already been discounted.
• The coupons we issue can only be used for online purchases made on this website. Our Customer Service agents are not able to apply coupons over the phone on your behalf.

13) Chargeback’s

Buyer agrees to take all necessary action to resolve debits or credits placed on the Buyers credit card with the Seller before the Buyer initiates a Credit Card Chargeback! Buyer further agrees that if a Chargeback is placed before attempting to resolve the matter with Seller and the Buyer does not win the charge back argument, Buyer agrees to pay us the bank fee of $25.00 plus all costs associated with responding to the matter and authorize Seller to charge fees to Buyers credit card upon noitice of reinstatement.

14) Special Orders

Special Order items consist of custom items, items not regularly carried in the ordinary course of Seller's business, items ordered to Buyer's non-standard and/or specific specifications, and the like. All Special Order items require a non-refundable 100% (one hundred percent) deposit. If there is a cancellation for any reason by Buyer, Buyer understands that the deposit is forfeited immediately to Seller. Seller shall not be liable for late shipments. Given shipping dates are approximate and are only estimates. Buyer shall not be entitled to charge backs, reductions in price or other offsets as a result of a late shipment or failure to deliver in the estimated time of delivery. Special Order items may be subject to price increases incurred by Seller from manufacturer and/or distributor even after acceptance of Buyer's order. In such event, Buyer will be obligated to pay any price increase that may be charged by the Special Order item's manufacturer and/or distributor and Buyer will not be entitled to any refund or monies paid.

15) Deliveries

All shipping dates given by Seller are approximate only. Deliveries may be subject to delay due to, but not limited to: acts of God, strikes, labor disputes or difficulties, supplies or materials shortages, fire or natural disasters, delay or defaults of common carriers, acts of local, state or national governments or agencies, civil disturbances, acts of terrorism, acts or causes that do not normally occur in the ordinary course of Seller's business or any other delays beyond Seller's reasonable control, and Seller shall not be liable for any loss or damage arising therefrom. All goods are shipped F.O.B. our shipping facility and all goods damaged in transit are not the responsibility of Seller. All claims are to be made with the corresponding freight or shipping company. Seller shall have the additional right, in the event of the happening of any of the above contingencies, at its option, to cancel this contract or any part of it without any resulting liability. Any delivery not in dispute shall be paid for regardless of controversies relating to other delivered or undelivered merchandise. Risk of Loss of the goods shall pass to Buyer as soon as the goods are properly loaded on the carrier or otherwise delivered to Buyer, and all goods are shipped at the risk of Buyer.

16) Warranties

All warranties, expressed or implied, are done by the manufacturer of the product/goods and not by the Seller. Seller's sole warranty for each product/goods sold is set forth in the warranty documentation associated with the product/goods from the manufacturer. Seller gives no warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Seller will not be held liable for any damages or injuries that may be incurred directly or indirectly to the vehicle(s) or operators or passengers of the vehicle(s) in connection with the use of the product/goods. At the Seller's sole discretion, Seller will process all warranties in a timely manner on the Buyer's behalf but Seller is at the sole discretion of the manufacturer in terms of merchandise/goods being returned in a timely manner and accepted by manufacturer.

17) Limitation Of Damages

Buyer's exclusive remedy for any breach of contract or warranty shall be limited to the price of the goods only. In the event of a breach or repudiation of this contract by Seller, Buyer shall not be entitled to recover any incidental or consequential damages as such terms that are defined in the Uniform Commercial Code.

18) Performance Product Waiver

The Seller does engage in selling after-market items and the Buyer does understand the ramifications for having these performance or after-market parts on a vehicle. Seller shall not be held accountable for any legal fees or such in selling of said parts to Buyer. Seller shall not be held responsible or accountable for any misconception or disappointments associated with any of these parts or the use thereof or for any fines that may be imposed on Buyer for the use or installation of such parts. Buyer understands fully that some parts sold by Seller may not comply with local, state or federal laws and Buyer will not hold Seller accountable in any shape of form, legal or implied therefore.

19) Installations

Seller is not, and shall not be held, liable or responsible for any installations, misuse of products/goods or any defects/loss due to installation, or any damages or injuries as a result thereof or in connection therewith.|

20) Taxes

The amount of present or future sales, revenue, excise, or other taxes applicable to the products listed herein shall be added to the purchase price and shall be paid by Buyer, or in lieu thereof the Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities. However, the law governing our obligation to collect sales tax from online purchases may change, and we may be required to collect taxes from you without notice if there are changes in the law governing online sales.

21) Liable or Slander

Buyer agrees they will take all necessary efforts to resolve any complaints directly with the Seller before posting any negative comments on print or electronic media including; Blogs, Forums and Rating Sites. Buyer further agrees they will not defame (libel or Slander) DriveWire Inc. (Seller) or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature. This includes posting defamatory, inaccurate, and misleading information on Blogs, Posts, and Forums, including Company rating sites such as “ResellerRatings.com” Buyer understands that the Seller will take immediate action against the Buyer for any damages caused by libel or Slander and will take any and all action necessary under the California Civil Code 46, to have the post removed and recover any monetary damages caused by the seller.

22) Arbitration

Any controversy or claim arising out of or relating to this order or the performance or breach of this contract shall be settled by arbitration in the City of Irvine, County of Orange, State of California in accordance with rules and procedures then in effect of the American Arbitration Association. Any legal action or arbitration of any kind against Seller by Buyer must be commenced with one (1) year from the date such right, claim, demand, or cause of action shall first accrue.

23) Authority of Seller's Agents

No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning the goods. Unless an affirmation, representation or warranty is specifically included within this acknowledgement, it has not formed part of the basis of this bargain and shall not be in any way enforceable.

24) Assignment/Delegation

Buyer shall assign no right or interest in this contract without Seller's written consent. Any attempted assignment without such consent shall be wholly void and totally ineffective for all purposes.

25) Applicable Law

This contract, including the terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing shall constitute the entire Agreement concerning the goods sold, and shall be governed in all respects by the laws Orange County in the State of California.

26) Default

On any default or breach of this contract by Buyer, Seller, at its option by giving written notice to Buyer of its election to do so, may as to this contract and such other contracts as may exist between Buyer and Seller, cancel any or all contracts and/or defer shipment or delivery of all or any part until such default or breach is cured and/or cancel any undelivered portions thereof and/or demand immediate payment of all amounts owed Seller under the contracts. If Seller elects to cancel, Seller may sell all or part of the delivered Goods without notice to Buyer, except as may be required by law (and in such event five (5) days notice shall be deemed reasonable notice under the circumstances) at public or private sale, holding Buyer liable for any damages or financial loss including incidental expenses and attorney's fees resulting to Seller by reason of Buyer's default or breach. Seller shall not be limited in its rights and remedies against Buyer for any cause whatsoever to those remedies set forth herein, but shall have such other rights and remedies as may be available to it under the California Commercial Code or any other applicable laws.

27) Termination

Breach Seller shall have the absolute right to cancel and refuse to complete this contract without notice (1) at any time, if any of terms and conditions governing this contract are not strictly complied with by Buyer or (2) in the event Buyer's financial condition or responsibility becomes unsatisfactory to Seller. If Seller cancels this contract, Buyer shall reimburse Seller of all actual expenditures, commitments, liabilities and costs made or incurred with respect to any Goods ordered but not yet paid for by Buyer, plus loss of profit, less any net recovery to Seller on disposition of such items to others within a period of thirty (30) days after the cancellation. If Buyer cancels this contract, Seller may retain all or a portion of any down payment or deposit to cover the costs and expenses incurred due to such cancellation.

28) Further Admonishments and Reminders

Some of the parts for sale have been designed for and are intended for off-highway application only. Federal and many State laws prohibit the removal, modification, or rendering inoperable of any device or element of design affecting vehicle emission or safety in a vehicle used on public highways. Violation of such laws may subject the owner or user to a fine or penalty. Installation of such parts may void the warranty coverage, if any, on the vehicle. Vehicles modified by use of performance parts may no longer be lawfully used on public highways and it is the sole responsibility of Buyer to investigate and comply accordingly.

29) Modification of Terms and Conditions of Sale

DRIVEWIRE.COM RESERVES THE RIGHT, AT ANY TIME, TO MODIFY OR UPDATE THESE TERMS AND CONDITIONS OF SALE