TERMS & CONDITIONS
BY ACCESSING EFICOMPONENTS.COM, OR ANY RELATED SITES (HEREAFTER
THE “SITE”),
CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS OF
USE, SUCH USE
BEING EXPRESSLY CONDITIONED ON ACCEPTANCE OF SAID TERMS AND
CONDITIONS.
COPYRIGHTS, TRADEMARKS & INTELLECTUAL PROPERTY:
Copyrights: All materials appearing anywhere on the Site, or
any related page, (“The Materials”)
are protected by worldwide copyright laws and treaty provisions.
The copyrights on The Materials
are held by EFI Components, Inc. (“EFI”), and/or
by the original author/creator of a respective item
of The Materials reproduced under license, respectively, with
all rights being reserved. Your use of
The Materials shall be limited to viewing for informational
purposes, and making copies into random
access memory solely for the purpose of such viewing. Customer
shall not, without express written
consent of EFI, and/or the original author/creator (if applicable),
copy, reproduce, modify, publish,
upload, post, transmit, or disseminate any of The Materials.
Artwork or images protected by watermark
or other identifying insignia are specifically protected from
unauthorized duplication and dissemination
by the Digital Millennium Copyright Act, 17 U.S.C. 1201, et
seq., and violators may be subject to
imprisonment, fines, and other administrative remedies.
DMCA Notices : All correspondence regarding possible copyright
infringement MUST, pursuant to _17.U.S.C. 512(c), be sent to
EFI's Designated Agent for Notification of Claims of Infringement:Don
C. Moody, Esq.c/o EFI Components, Inc. 9016 Owensmouth Ave.
Canoga Park, CA 91304-1502
PLEASE NOTE!! Any and all correspondence MUST comply with the
statutorily-mandated notice
requirements, or it may be lawfully ignored. Please refer to
the U.S. Copyright Office's website
(http://www.copyright.gov), or consult a copyright attorney
for guidance on complying with the
aforementioned requirements.
Trademarks:
“EFI Components,” and any artwork associated thereto,
and its associated artwork, are all trade
and/or service marks of EFI, and the use of these properties,
or any other trade and/or service marks
of EFI (“The Marks”), without the express written
consent of EFI is strictly prohibited. No license to
reproduce, display, “hot-link” or make commercial
use of The Marks in any manner is given or implied.
Other logos, trademarks and artwork may appear on this site
or related-sites, and these items remain
the property of the companies they represent, and are being
re-printed by EFI solely by permission.
Display and use of these logos is not meant to imply any partnership,
joint venture, agency relationship or other association between
EFI and any of the companies listed herein. Such use/display
is provided solely as a convenience to customers and is for
informational purposes only.
COMPLIANCE WITH APPLICABLE LAWS:
Customer warrants that he/she has the legal authority to purchase
this equipment, and that he/she
will not use, sell, or otherwise distribute this item in any
manner violative of applicable state and federal laws.
Buyer also agrees to indemnify and hold harmless EFI for liability
from any and all claims arising out of Customer's use, sale,
or distribution of this item.
CUSTOMER PRIVACY:
EFI will hold any sensitive information submitted by Customer
in the utmost confidence.
DELIVERY/TURN-AROUND TIMES:
In-Stock Items: Items we have in stock are usually shipped the
same business day if the order is placed and payment is verified
by 3:00pm EST. Occasionally, if an In-Stock item is oversold
or unexpectedly backordered, we will order the part from the
manufacturer and ship as soon as possible.
Out-Of-Stock Items: Even with our huge inventory, it is possible
that we may run out of an item. If so, payment will be secured
for the entire amount of the order as a 100% deposit, and the
Out-of-Stock Item(s) will be ordered from the manufacturer.
As soon as the merchandise becomes available, it will be shipped,
usually within one to two weeks. Extended backorders may, however,
occur from time to time. In such event, please allow up to six
weeks for delivery.
Special Order Items: Certain items are denoted as “Special
Order Items.” Please contact your EFI Sales Representative
for specific delivery times for these items.
Expedited Shipping: Please note that, while EFI prides itself
on fast, hassle-free order processing, time will NOT be deemed
to be “of the essence” for any ordered item unless
such condition is expressly consented to in writing by EFI.
Selecting Next Day, Two Day, or Three Day services DOES NOT
bind EFI to any guarantee, express or implied, that shipments
will be received by the customer in that respective amount of
time.
Expedited orders still may incur handling delays prior to shipment,
just as standard orders do. In such event, we may not be able
to ship expedited orders the same day they are placed, though
we will certainly make every effort to do so. As a result, delivery
times may vary. Your EFI representative will be happy to assist
you in coordinating more precise delivery times when the specifics
of the situation are known.
DISCLAIMERS:
State Emission Controls: Many products listed here are dedicated
racing items and are not intended for street use in emission
controlled vehicles. Unless otherwise indicated, these parts
are not to be installed in vehicles subject to emission control
regulations. Check with your state emission regulating authorities
before installation of any parts listed here which do not carry
emissions compliance. EFI assumes no responsibility for, and
makes no warranties or guarantees, express or implied, as to
the emission law compliance of any Customer vehicle.
Limitation of Liability: EFI SHALL NOT BE LIABLE OR OBLIGATED
UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL
OR EQUITABLE THEORY FOR (A) ANY AMOUNTS IN EXCESS OF THE AGGREGATE
FEES PAID TO IT OR (B) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, WHATSOEVER.
DISPUTES:
These Term & Conditions will be governed by and construed
under the laws of the State of California, excluding only its
conflict of law provisions. Customer hereby submits to the exclusive
jurisdiction of the courts within the State of California, and
waives any jurisdictional venue or inconvenient forum objections
to such courts.
Any failure by EFI to enforce any of its rights under these
Terms & Conditions, or any applicable laws, shall not constitute
a waiver of such right.
FRAUD PREVENTION:
Personal Checks: Orders paid via personal check are be subject
to a 10-12 business day clearance hold. Money Orders, Official
Bank Checks, Cashier's Checks: Not subject to any clearance
hold, absent strong evidence of possible fraud.
COD: No COD orders will be accepted for first-time customers
under ANY circumstances.
Credit Cards: Domestic orders processed via credit card are
not subject to clearance holds, and are processed once approval
is obtained. International credit card orders also incur no
holds, but EFI will ONLY ship to an address on file with the
financial institution. We will not accept any alternate ship-to
address for an international order under ANY circumstances.
INSOLVENCY:
EFI reserves the right to cancel any order, without liability,
in the event of the happening of any of the following (or any
other comparable event): (a) a purchaser's insolvency; (b) the
filing of a voluntary petition in bankruptcy by, or having an
involuntary petition filed against, a purchaser; (c) the appointment
of a receiver or trustee for any purchaser; (d) or the execution
of an assignment for the benefit of a purchaser's creditors,
provided that such petition, appointment, or assignment is not
vacated or nullified within fifteen (15) days of such event.
LIMITED WARRANTY AND ORDER CANCELLATIONS:
Replacements: Returns will be accepted, if an item is shown
to be defective, within 30 days from the date of order, and
a replacement item will be provided (following receipt of the
defective item) with no additional S&H charges.
However, special order items, as well as certain categories
of standard-inventory products (such as superchargers and electrical
items) will not be returned, replaced, or have the purchase
price refunded, under ANY circumstances.
If so, this “no-return” status will be clearly denoted,
both on-screen prior to order confirmation, as well as on your
product receipt/invoice. Contact your Sales Representative for
further details. All returns must be approved by EFI, and assigned
an RGA number for tracking. No return will be processed without
a valid RGA number under ANY circumstances. Customer assumes
full responsibility for the proper packaging, delivery and insurance
of returned items to our warehouse. Claims for any items damaged,
lost, stolen, or otherwise impaired in transit, must be made
with the carrier employed.
Refunds: Non-defective returns are accepted within 30 days from
the date of order, subject to a 25% restocking fee. However,
no refunds will be granted on items which are used, altered,
or installed under ANY circumstances.
In addition, Special Order items, as well as certain categories
of standard-inventory products (such as superchargers and electrical
items), are ineligible for refunds. If so, this non-refundable
status will be clearly denoted, both on-screen prior to order
confirmation and on your product receipt/invoice. Contact your
Sales Representative for further details. Refunds must also
be approved by an EFI Representative, and will not be processed
without a valid RGA number.
Other Warranties: None provided. Customer's remedies are limited
to the processes for replacements and refunds outlined above.
EFI makes no additional warranties, express or implied, as to
the merchantability, or fitness for a particular purpose, of
any ordered items. Some items may carry separate manufacturers'
warranties, and EFI assumes no responsibility for any claims
made therein. Customer must contact the manufacturer for further
details on any such warranty.
Cancellations: Cancellation requests received and approved prior
to shipment are allowed, but are subject to a 10% processing
fee. After an item has been shipped, a 25% processing fee will
be incurred for any shipment that is refused. No cancellations
on group-purchase or group-buy orders are allowed under ANY
circumstances.
PRICING AND SITE CONTENT:
Prices quoted are estimates based on the information you have
supplied, and are only accurate to the extent your information
is accurate. The pricing and/or technical information that appears
on the Site may be changed, updated, and/or deleted at any time,
even after an order has been placed, without notice to Customer.
This information may also contain technical inaccuracies or
typographical errors, and Customer expressly assumes the risk
of such errors. Customer is encouraged to contact his/her MMP
Sales Representative at any time for verification of current
pricing or other information. The Site may also contain content
not generated by EFI, and it shall not be responsible for any
representations made or implied via third-party content.
Certain prices represent cash-only pricing, and if so, paying
via credit card will necessitate an additional 3% fee. Each
such transaction will be clearly denoted.
SEPARABILITY OF PROVISIONS:
The invalidity, illegality and unenforceability of any provision(s)
of these Terms & Conditions shall in no way affect or impair
the validity, legality and enforceability of the remaining provisions
hereof.
SHIPPING AND HANDLING POLICIES:
Responsibility for Shipping & Handling Fees: All domestic
orders are shipped, unless otherwise expressly agreed to in
writing, using the following terms: FOB Origin, Freight Collect.
For International shipments, we ship FCA Seller's Premises,
as defined under the Incoterms 2000. These terms mean, essentially,
that Customer must pay any and all shipping and handling fees,
including freight charges and insurance, as well as any duties,
taxes, customs clearance expenses, and any other shipping costs
which may arise. Other shipping charges, surcharges or accessorial
charges may apply and your final shipping charge may vary.
Responsibility for Damage: In addition, risk of loss and title
for all items ordered pass to you upon our delivery to the carrier.
EFI's responsibility for damage, theft, alteration, or other
mishaps to your items ends at that moment.
All orders automatically carry up to $100.00 insurance coverage,
which is provided at no additional charge by the third-party
frieght carrier. If needed, additional coverage is available,
and is generally a good investment. Contact your EFI salesperson
for more details on specific levels of coverage.
Shipping to an Alternate Address: PayPal®, Visa®, MasterCard®,
American Express®, and Discover® all strongly discourage
shipping products to an address that is not on listed in their
records. Please note that simply because one has previously
had products shipped to an address other than the registered
billing address, this does not mean that such address is on
file with the credit card company. It is CUSTOMER'S RESPONSIBILITY
to: i) contact his/her financial institution and see that the
alternate shipping address is approved prior to bidding on any
auction. or ii) sign a written authorization form, which will
be kept on file at EFI in the case of charge-backs or other
disputes.
**Please Note: For international orders, EFI will ONLY ship
to an address on file with the financial institution.
We will not accept any alternate ship-to address for an international
order under ANY circumstances.
USER-FORUMS:
Customer agrees not to post or otherwise transmit any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, objectionable or profane material or any materials
that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability or otherwise
violate any law, to The Site. MMP will fully cooperate with
law enforcement authorities or court orders requesting or directing
it to disclose the identity of or help identify anyone posting
any such information or materials on this web site.
