Terms & Conditions
OP Mustang Purchase, Product, Return & Warranty Terms
1. Agreement To Terms
By signing these Terms and Conditions, purchasing online from Seller, or accepting delivery of any Product, Purchaser, installer, and/or end user agrees to all Terms and Conditions of this Agreement. End user means the entity or person which actually receives, installs, and/or uses the Product. The term “Purchaser” includes the end user. The person or entity receiving the Product is required, as a condition of acceptance, to provide a copy of these terms to any installer and/or user of the Product.
2. Payment Terms
Unless otherwise stated in this agreement, amount due is calculated prior to additional charges for shipment and/or delivery. Any unpaid amounts shall accrue interest equal to one percent (1%) per month, an effective annual interest rate of twelve percent (12%). All amounts are payable in U.S. Dollars to Seller. Seller shall retain a security interest in all Product until payment is made in full and has the right to file a UCC-1 financing statement on such Product and repossess the Product for failure to pay as provided by applicable law.
3. Taxes
All duties, excise, sales, transfer, personal property, and other taxes, whether Federal, State, or Local, applicable to the sale, purchase, storage, use, or ownership of the Product covered by this Agreement shall be paid by the Purchaser, except Seller shall collect sales taxes as required in the State of Florida.
4. Shipments & Risk Of Loss
Product shall be shipped by common carrier at Purchaser’s cost, and risk of loss shall transfer when Product is placed with the carrier.
5. Returns
Seller has a limited return policy, as follows:
- Email returns@opmustang.com to obtain a Return Authorization Number before returning any Product. Returns will not be accepted without a RAN, if the return is a special/custom order, or if the Product is not in its original condition.
- Product must be sent within 14 days of receipt in the original shipping container with the original invoice inside and the RAN clearly printed on the outside.
- Special and/or custom orders are non-returnable and non-cancelable.
- All returns must be shipped prepaid. No COD accepted. No credit will be provided for shipping charges. If Purchaser complies with the requirements herein, Seller will refund the purchase price less a 20% restocking fee.
6. Proper Installation
Purchaser shall be solely responsible and liable for ensuring that proper installation procedures specified by Seller and/or provided with shipment of any Product are followed in the installation and use of the Product.
7. Limited Warranty
Purchaser acknowledges the Product is for off-road racing use only. The nature of off-road racing involves significant risk, and conditions of use may vary depending on installation and application. Due to the inherent risk of the activity in which the Product is used, Purchaser understands and agrees Seller provides a limited warranty specifically limited to: product functions and fits the intended application.
Third-party manufacturer limited warranties apply to third-party manufactured products provided by Seller. Seller is not responsible for providing limited warranty coverage for products manufactured by third parties.
If Purchaser provides Seller with written notice of any condition inconsistent with the specification above within 30 days from delivery and complies with return requirements, Seller will, at its election, either provide a replacement Product or refund the purchase price.
This limited warranty does not cover labor or materials necessary to remove a Product or install a replacement Product. This warranty is limited to exchange of Product or return of purchase price.
This warranty shall not apply to any Product that is not in original condition, whatever the cause, or is not installed and operated according to standard instructions and specifications.
7.1 Exclusivity Of Limited Warranty
Seller’s limited warranty set forth in this section is the exclusive warranty and is in place of all other warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. There is no warranty with regard to capacity, durability, reliability, safety, or performance of the Product.
7.2 Exclusive Rights & Remedies
The warranties, rights, and remedies of Purchaser set forth in this section are not otherwise assignable or transferable. Purchaser, by accepting the Product, acknowledges the limitation of warranties contained herein and waives and releases Seller from any claim arising out of the purchase, installation, or use of the Product regardless of the negligent act or omission of Seller, including waiver of any claim for indirect, incidental, special, or consequential damages.
7.3 Claim Period
Any action arising out of the purchase, installation, or use of the Product shall be brought within six (6) months of the occurrence.
7.4 Limitation Of Liability
In any event, Seller’s liability under these terms for damages, regardless of the form of action, shall not exceed the total amount paid to Seller for the Product.
7.5 Indemnification
Purchaser agrees to indemnify and hold harmless Seller from any and all liabilities, claims, causes of action, costs, and expenses, including attorneys’ fees, of any nature whatsoever arising out of Purchaser’s purchase, installation, or use of the Product.
8. Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, proposals, or understandings, whether written or oral. No amendment or waiver of any provision of this Agreement, nor consent to any departure by Purchaser or Seller, shall be effective unless in writing and signed by authorized agents of both.
9. Miscellaneous
9.1 Notices: Any notice required under this Agreement shall be in writing and delivered personally or sent postage prepaid by registered or certified mail, return receipt requested.
9.2 Enforcement: Failure of either party to enforce the terms of this Agreement shall not be construed as a waiver of the right of enforcement. In any dispute, the prevailing party shall be entitled to costs and attorneys’ fees.
9.3 Assignment: Rights and obligations of either party shall not be pledged, assigned, or subcontracted without prior written consent of the other party.
9.4 Choice Of Law: This Agreement shall be construed under the laws of the United States, specifically the State of Florida. Any dispute or legal claim arising out of this Agreement shall be resolved by binding arbitration under the rules of the American Arbitration Association before a single arbitrator sitting in Titusville, Florida. In the event of any dispute involving copyright, trademark, or patent rights, venue and jurisdiction shall be the U.S. Federal District Court sitting in Orlando, Florida.