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Terms of Use

Shipping – Kauffman Performance LTD. uses United Parcel Service or USPS on all items under 150 lbs., unless otherwise requested. Items over 150 lbs. will be sent truck freight. All Kauffman Performance LTD. products are sold F.O.B. Kauffman Performance LTD. and shipped the fastest, most economical method, unless otherwise specified. F.O.B. means TRANSFER OF OWNERSHIP; when Kauffman Performance LTD. releases products to a common carrier any claims for loss or damage should be filed with the carrier and NOT Kauffman Performance LTD. All expenses resulting from refused shipments will be the responsibility of the customer and NOT Kauffman Performance LTD.

 

Damaged Goods – Kauffman Performance LTD. is not responsible for any damage from shipping / delivery, “in transit”. Freight Claims for damage, shortage or loss MUST be made immediately WITH THE CARRIER. You must note any substantial damage to a package upon receipt of the shipment with the carrier. All shipments are insured with the carrier / freight company and all claims for damaged goods must be made through the carrier / freight company. Kauffman Performance LTD. ships items F.O.B. and cannot make these freight claims for you. We will, however, provide any assistance possible to help you with your recovery efforts.

Missing Items – If Anything is missing from your shipment, contact us immediately. You must check each package as soon as you receive it; any missing component must be reported within 5 days of receipt of the product. Claims made after 5 days will not be honored.

Returned Goods – All returned goods must be pre-approved and accompanied by the original sales receipt. All returns must receive a “return authorization” from Kauffman Performance LTD. either by phone or email. This number must be presented on the return for processing. Returns are NOT accepted on ANY custom parts. All returns will be inspected for damage and or modification / alteration. ANY PART MODIFIED FROM ITS ORIGINAL FORM WILL NOT BE ACCEPTED AS A RETURN. All returns must be sent to Kauffman Performance LTD. freight pre-paid and insured. A restocking fee of up to 20% may be applied. No refunds are given for shipping charges. ALL SALES ARE FINAL AFTER 10 DAYS.

Warranty – Due to the extreme demand placed on racing and performance products, they are sold “as is” and without any express warranty or implied warrant of merchantability or fitness for a particular purpose. Kauffman Performance LTD. shall not be liable for any loss, damage, or injury.

Choice of Law/Arbitration – Any controversy or claim arising out of or relating to this contract, shipping or non conforming goods, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Franklin County, Ohio under its Arbitration Rules in Franklin County, Ohio, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The Kauffman Performance LTD. website www.kmperformanceparts.com and www.mr-1.com are protected by copyright under United States Copyright laws. Any trademarks, logos, slogans, pictures and/or other distinctive designs are owned by Kauffman Performance LTD., and are protected by applicable law and may not be copied, used, or disseminated without the express written consent of Kauffman Performance LTD. This includes all materials contained within the K&M Performance website, www.kmperformanceparts.com and www.mr-1.com, as well as any product flyers, event flyers, and/or catalogs prepared by Kauffman Performance LTD.  All are protected by copyright and are owned and/or controlled by Kauffman Performance LTD. and/or its licensors and/or assigns.

Kauffman Performance LTD. has not reviewed all of the websites linked to the website and is not responsible for the content of any off-website pages or any other websites linked to the website. Your linking to any other off-website pages or other websites is at your own risk.

Your misuse of any information and or Trademarks displayed on the website, or any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that K&M Performance will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Kauffman Performance LTD. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Amendments and or changes to the Agreement will take effect immediately upon being posted to the website.