Thank you for visiting the Nautilus Performance Group, LLC. This agreement explains our policies regarding the purchase of products and services in order to facilitate a smooth business transaction and enhance your purchase experience. It outlines our ordering, shipping, refund and product warranty policies.
This Product Purchase Agreement ("Agreement") is entered into by and between the purchaser, the installer and/or the user (collectively, the "Purchaser") and Nautilus Performance Group, LLC, a Louisiana LLC, and their respective directors, members, employees, and agents (collectively, "Nautilus Performance Group, LLC"). In consideration of Purchaser's purchase, installation and/or use (collectively, the "Purchase") of Nautilus Performance Group, LLC's services and products (collectively, the "Products"), and the promises and obligations herein, and intending to be legally bound, Purchaser and Nautilus Performance Group, LLC hereby agree as follows:
Your Purchase of Nautilus Performance Group, LLC Products is subject to this Agreement, as well as any modifications issued by Nautilus Performance Group, LLC to this Agreement, and all applicable laws and regulations. BY PURCHASING NAUTILUS PERFORMANCE GROUP, LLC PRODUCTS, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. If you do not want to be bound by this Agreement, do not Purchase Nautilus Performance Group, LLC Products.
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM NAUTILUS PERFORMANCE GROUP, LLC. READ IT CAREFULLY. NO OTHER TERMS OR CONDITIONS APPLY. BY PLACING AN ORDER AND ACCEPTING THE PRODUCT(S) YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Off-Highway / Competition Use
Nautilus Performance Group, LLC Products are specialty aftermarket performance Products and/or other performance products produced by other reputable companies. Aftermarket performance Products are intended to modify or prepare a vehicle for uses that may exceed conditions anticipated by the vehicle manufacturer. Purchasers of performance Products are warned that these products are for track or "off-highway"or “off-road” competitive or performance use only and special warranty provisions apply.
Legality of Products
Nautilus Performance Group, LLC Products have been designed for "off-highway" applications only. Installation on a vehicle intended for use on public roads may violate U.S., Canadian, state or provincial laws and regulations including those related to emissions and vehicle safety standards. In addition, installation of Nautilus Performance Group, LLC Products on a vehicle may adversely affect the warranty coverage of that vehicle. Nautilus Performance Group, LLC makes no representation as to the legality of any Products in various states or provinces. The Purchaser accepts all responsibility for self-education on applicable law and the final use of the Products Purchased and shall hold Nautilus Performance Group, LLC harmless in any legal proceeding arising from the use of such Products.
Product Disclaimer of Warranty
Products offered by Nautilus Performance Group, LLC are intended for track or "off-highway" competitive or performance use only, and are therefore sold "as is" without any warranty whatsoever. Implied warranties, including warranties of merchantability or fitness for any particular application, are excluded. It is the Purchaser's responsibility to determine the suitability of Nautilus Performance Group, LLC Products for their application. Nautilus Performance Group, LLC hereby disclaim and exclude any and all warranties for the Products offered herein pursuant to section 2316 of the Uniform Commercial Code. The entire risk as related to quality and performance of Nautilus Performance Group, LLC Products is with the Purchaser. Should such Products prove defective following their Purchase, the Purchaser and NOT Nautilus Performance Group, LLC, assumes the entire cost of all necessary servicing or repair. The Purchaser and NOT Nautilus Performance Group, LLC, assumes any and all risks arising out of or in connection with the use of Nautilus Performance Group, LLC Products, including, without limitation, the risks of death, paralysis or any bodily injury, disability and/or loss or property damage wheresoever and howsoever caused including but not limited to, defects, normal wear or negligence, lack of maintenance, accident, abnormal operation, or improper installation or service, collision between a vehicle and another vehicle, person or stationary object, skidding, overturning, sudden stops, braking or acceleration, any "Act of God", fire or explosion; or the negligent or deliberate act of another person. THERE IS NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, MADE REGARDING THE SAFETY OF NAUTILUS PERFORMANCE GROUP, LLC PRODUCTS. THE ENTIRE RISK AS TO THE QUALITY OR PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER.
(1.) ________(Initials indicate your understanding of the above)
Limitation of Liability
THE LIABILITY OF NAUTILUS PERFORMANCE GROUP, LLC SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, NAUTILUS PERFORMANCE GROUP, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT PROVIDED BY NAUTILUS PERFORMANCE GROUP, LLC, EVEN IF NAUTILUS PERFORMANCE GROUP, LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
Purchaser agrees to defend, indemnify, and hold harmless Nautilus Performance Group, LLC from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to the Purchase of any Nautilus Performance Group, LLC Product. As between the purchaser and the seller, the laws of Louisiana shall apply as to any claim.
Conditions Agreement
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) or terms that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s), which is subject to additional or altered terms and conditions, shall be null and void.
Product Changes
Nautilus Performance Group, LLC reserves the unconditional right to change the design, materials, specifications and suppliers of any Product offered by Nautilus Performance Group, LLC without incurring any liability or obligation to the past, present or future Purchaser's of any such product.
Product Descriptions
Nautilus Performance Group, LLC and its affiliates attempt to be as accurate as possible. However, Nautilus Performance Group, LLC does not warrant that Product descriptions or other content of any media placement related to their Products, including but not limited to print advertisements and the nautilusperformance.com website, is accurate, complete, reliable, current, or error-free. If a Product offered by any Nautilus Performance Group, LLC media placements is not as described, your sole remedy is to return it in unused condition.
Product Pricing
All prices displayed in Nautilus Performance Group, LLC media placements are quoted in U.S. dollars. Nautilus Performance Group, LLC may restrict delivery to addresses within the United States. Nautilus Performance Group, LLC will add shipping and handling fees and applicable sales/use tax. Nautilus Performance Group, LLC is licensed in the state of Louisiana to collect and remit sales tax. It remains the responsibility of the Purchaser to pay all applicable sales and/or use taxes in any other state, country, and/or province. Nautilus Performance Group, LLC reserves the right without prior notice to discontinue or change specifications and prices on Products offered in any Nautilus Performance Group, LLC media placement without incurring any obligation to the Purchaser. Products displayed in any Nautilus Performance Group, LLC media placement are available while supplies last. Descriptions of, or references to, Products in any Nautilus Performance Group, LLC media placement do not imply endorsement of that Product, or constitute a warranty, by Nautilus Performance Group, LLC.
In the event that a Product is listed at an incorrect price due to supplier pricing information or typographical error, Nautilus Performance Group, LLC shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed and the Purchaser's credit card charged. If the Purchaser's credit card has already been charged for the purchase and the Purchaser's order is canceled, Nautilus Performance Group, LLC shall promptly issue a credit to the Purchaser's credit card account in the amount of the incorrect price. No other fees or charges shall be refunded.
Order Acceptance
The receipt by you of an order confirmation does not constitute acceptance of an order by Nautilus Performance Group, LLC. Prior to acceptance of an order by Nautilus Performance Group, LLC, verification of information may be required. Nautilus Performance Group, LLC reserves the right at any time after receipt of the Purchaser's order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Nautilus Performance Group, LLC, for any reason. Nautilus Performance Group, LLC reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. BY PLACING AN ORDER, THE PURCHASER ACKNOWLEDGES AND ACCEPTS THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING ACKNOWLEDGEMENT OF THE WARNING AND DANGERS INHERENT IN THE INSTALLATION AND USE OF THE PRODUCT(S) ORDERED. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CANCEL YOUR ORDER.
Payment Terms
Nautilus Performance Group, LLC accepts Visa, Mastercard, American Express, Discover, cashier’s check, money order and personal checks. Allow 10 days for personal checks to clear. C.O.D. (cash on delivery) orders are not accepted on any items. There will be a Twenty-five dollar ($25.00) fee for all returned checks.
Legal Implications / OEM Warranty Implications
Because U.S., Canadian, state or provincial laws and regulation may prohibit removal or modification of components that were installed by the Original Equipment Manufacturer (OEM) to meet emission requirements or to comply with motor vehicle safety regulations applicable to vehicles manufactured for use on public roads, vehicles equipped with Nautilus Performance Group, LLC Products are not to be operated on public roads, and offers such Products for track or "off-highway" competitive or performance use only. NAUTILUS PERFORMANCE GROUP, LLC PRODUCTS ARE INTENDED FOR "OFF-HIGHWAY" APPLICATION ONLY. Installation on a vehicle intended for use on public roads may violate U.S., Canadian, sate or provincial laws and regulations including those relating to emission requirements and motor vehicle safety standards. In California certain Products may legally be used on a racing vehicle, which will never be operated on public roads. In addition, installation of Nautilus Performance Group, LLC Products may adversely affect the warranty coverage on the Purchaser's vehicle. Other local, state, provincial, territorial, or international laws may apply to the use of these Products. Please check your local laws before Purchasing Nautilus Performance Group, LLC Products.
(2.) _________(Initials indicate your understanding of the above)
Nautilus Performance Group, LLC makes no representation as to the legality of any Products in various states or provinces except where noted. The Purchaser accepts all responsibility for the final use of Nautilus Performance Group, LLC Products and shall hold Nautilus Performance Group, LLC harmless in any legal proceeding arising from the use of such Products. Adherence to federal, state and local laws is the sole responsibility of the Purchaser. Nautilus Performance Group, LLC assumes no responsibility for any voided OEM warranties.
Third Party Product Disclaimer
All products manufactured by another manufacturer are warranted to the extent of such warranty offered by that manufacturer. Non-Nautilus Performance Group, LLC manufactured products have no Nautilus Performance Group, LLC warranty.
Installation Disclaimer
The installation instructions provided for Nautilus Performance Group, LLC Products are furnished solely as a matter of convenience to the Purchaser and should be regarded merely as suggestions to an otherwise proficient and experienced automobile technician. Disassembly and assembly of automobiles can be dangerous and should always be conducted in accordance with procedures set forth in the OEM service manuals or their Society of Automotive Engineers (SAE) equivalent. Furthermore, performance of Products may be affected by the manner in which the Products are used, serviced or installed. Purchasers of such products must rely on their own judgment as to the suitable use, service and installation of such Products.
Proper installation and safe use of Nautilus Performance Group, LLC Products is the sole responsibility of the Purchaser. As part of the consideration for purchasing any Product of Nautilus Performance Group, LLC, the Purchaser takes such Product as "as is" and subject to all the provisions of this disclaimer and limitation of damages.
(3.)__________(Initials indicate your understanding of the above)
Purchaser agrees to indemnify and hold Nautilus Performance Group, LLC harmless from any claim, action or demand arising out of, or incident to, the installation or use of Products purchased from Nautilus Performance Group, LLC by any Purchaser.
Shipping
Standard shipping is FedEx ground to all 50 states; however, items may be shipped by a variety of carriers such as the US Postal Service. Please note that we cannot ship to P.O. boxes. Email us at sales@nautilusperformance.com with any special shipping requests and/or requirements.
Once an order is placed the processing of that order usually takes 3-5 working days; actual shipping usually takes another 3-7 working days depending on location. If Products are not received within two (2) weeks of purchase please contact the Nautilus Performance Group, LLC, or email us at sales@nautilusperformance.com. Orders will be shipped signature required unless other arrangements are made when the order is placed. If the Purchaser's "Bill To" and "Ship To" addresses are different, the "Ship To" address will be considered Purchaser's "Assignee". Nautilus Performance Group, LLC may accept international orders on a case-by-case basis. Contact us at sales@nautilusperformance.com for prior arrangements in this case. Shipping charges will be assessed when the order is placed.
Nautilus Performance Group, LLC will carefully inspect each order shipped for accuracy of content and evidence of physical damage or defects prior to shipping. Nautilus Performance Group, LLC must be notified by the Purchaser within seventy two (72) hours of the receipt by the Purchaser and/or Assignee of any discrepancies in the content found for any missing, damaged or defective Products. The Purchaser and/or Assignee must report all damages related to shipping to the freight carrier. Nautilus Performance Group, LLC directs the Purchaser and/or Assignee to inspect all shipped Products completely while the driver is present and have the driver note any damages. DO NOT return any damaged Products to Nautilus Performance Group, LLC. All damages related to the shipping process are the responsibility of the freight carrier and not Nautilus Performance Group, LLC. Denied claims related to shipping are not the responsibility of Nautilus Performance Group, LLC. ACCEPTANCE BY PURCHASER AND/OR ASSIGNEE OF PRODUCTS SHIPPED SHALL CONSTITUTE PUCHASER'S FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Back Orders
Occasionally, Nautilus Performance Group, LLC will temporarily be out of stock on an item. In these cases, partial shipments will be made and the back ordered item shipped at a later date, unless complete shipment is requested. The Purchaser will be notified of unexpected delays. The Purchaser's credit card will not be charged for the final amount until the order is ready to be shipped.
Risk of Loss
All items purchased from Nautilus Performance Group, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the Purchaser upon Nautilus Performance Group, LLC's delivery to the carrier.
Returns
Nautilus Performance Group, LLC directs the Purchaser to fully examine each enclosed Product carefully, prior to installation. The sole warranty is that Products offered by Nautilus Performance Group, LLC will be free from manufacturing defects at the time of delivery, and prior to installation. All claims for relief under this warranty must be made in writing or via email sales@nautilusperformance.com within seventy two (72) hours of receipt of the defective product(s). Returns must be made within thirty (30) days of receipt of merchandise. A return is defined as the date the product is delivered to, or attempted delivery to Nautilus Performance Group, LLC. Nautilus Performance Group, LLC maintains sole discretion to reject Products for return if it determines that the Product(s) show evidence of installation or modification.
All Products returned to Nautilus Performance Group, LLC must be accompanied by a Return Authorization number (RA) and a copy of the original invoice to be considered for credit. Products returned without an RA and a copy of the original invoice will be refused. Unmodified Products judged by Nautilus Performance Group, LLC to be defective will be repaired, replaced or have the purchase price refunded at the sole discretion of Nautilus Performance Group, LLC. Nautilus Performance Group, LLC will not refund any product shipping and handling charges.
Any non-defective Product returned to Nautilus Performance Group, LLC for simple credit must be in salable condition and will be assessed a twenty percent (20%) restocking fee. Custom or special orders are not returnable or refundable. The Purchaser shall be responsible for and prepay all return freight and other shipping charges and shall assume all risk of loss or damage to Product while in transit to the return address of Nautilus Performance Group, LLC. No returns will be accepted after forty-five (45) days, without exception.
Customer Service
Please call 985-856-9465 to speak with the staff between 8am to 5pm central time, Monday through Friday. But remember, proper installation and safe use of Nautilus Performance Group, LLC products is the sole responsibility of the Purchaser. Nautilus Performance Group, LLC's employees or representatives' oral or other written statements do not constitute warranties, shall not be relied upon by Purchaser, and are not a part of the contract for sale or this limited warranty. If a representative is unavailable, you can leave a message and your call will be returned promptly. We can be reached on the internet at www.nautilusperformance.com or via email at sales@nautilusperformance.com
Entire Obligation
This Product Purchase Agreement, document states the entire obligation of Nautilus Performance Group, LLC with respect to its Products. If any part of this agreement is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect. This entire agreement, in whole and in part, including warranty provisions, shall be governed by Louisiana Law to the extent allowed. Interpretation of the terms of this agreement must be done using Louisiana Law.
Pre-Sales Notification
Nautilus Performance Group, LLC has properly presented the required pre-sales notification of its warranty terms. We are neither liable nor responsible for ascertaining whether those terms have been read and/or understood by the Purchaser.
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