Dealer Application

Terms Of Use

SHIPMENT:
As to goods delivered by our truck, title passes upon delivery at the place buyer receives possession; and, thereafter, all risk of loss or damages shall be on buyer. Deliveries by common carrier are f.o.b. shipping point. We assume no responsibility beyond delivery to carrier in good order and are not responsible for loss, damage, or delay occurring thereafter. We will ship by the most reasonable means according to the size and weight of your order unless given
special instructions.

DAMAGES:
All goods are carefully packed and in good condition when shipped. Claims must be made with the carrier, not with KB Motorsports. Please note the number of packages delivered as sometimes they will be separated by the carrier.

RETURNS:
All dealer sales are final except when we ship the wrong item. Do not return merchandise without prior approval. Returned merchandise must be accompanied by a return authorization or merchandise will be refused and returned to customer. Returns must be sent prepaid by the least expensive way. Shortages and discrepancies must be reported within 15 days of invoice date. Authorized returns are subject to a 25% restocking charge-unauthorized returns and refused

PRICES:
We reserve the right to modify prices without notice and to bill at the prevailing price at the time of shipment. Always check invoice for cost.

SERVICE:
Prompt service is of primary consideration. Every effort will be made to ship an order the same day it is received.

GENERAL PROVISIONS:
* These terms govern all our sales, and may not be changed except with our written consent. Failure to return goods within 30 days of invoice date shall constitute acceptance by you of these terms, notwithstanding contrary terms in any purchase order submitted to us.
* We shall use our best efforts to obtain from each manufacturer, in accordance with the manufacturer’s warranty the repair or replacement of goods that may prove defective in material or workmanship. The foregoing constitutes the exclusive remedy of the buyer and our sole obligation. Except as to title THERE ARE NO WARRANTIES, EITHER WRITTEN, ORAL, IMPLIED OR STATUTORY, RELATING TO THE GOODS SOLD TO BUYER BY US AND NO IMPLIED
STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.
* The manufacturer shall be solely responsible for any damage to person or property arising from the design, manufacture and testing of its products, and
we accept no liability for such damages.
* We shall not, under any circumstances, be liable for any labor charges without our prior written consent. We shall not in any event be liable, whether as a
result of breach of contract, warranty, tort (including negligence), or other grounds, for special, consequential, incidental, or penal damages including, but not
limited to, loss of profits or revenue, or claims of customers of the buyer of such damages.
*If legal action is used to collect a past due account, we shall be entitled to recover reasonable attorney’s fees and costs.
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