Terms and Conditions  

In using this website you are deemed to have read and agreed to the following terms and conditions: 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing US Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.  

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client's with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. 

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

§   excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature; and

§   excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Cash or all major Credit/Debit Cards, Bankers Draft are all acceptable methods of payment. Our Terms are payment in full at the time of your order being placed.  Some parts may be out of stock and placed on hold until such time as the parts become available.  Your prepayment of these parts places you in a queue for the parts to be sent to you on a first bought, first shipped basis.  PLEASE CALL TO PLACE YOUR ORDER if you wish for your card to NOT be charged at the time of order!  At that time we can perform a stock check on any parts you are in search of.  Stock levels cannot be guaranteed after the call, so calling Monday to check stock does not institute that parts will be in stock subsequent days.

Cancellation Policy

Order cancellation must be done over the phone.  Sending an email message will not ensure that the order has been cancelled.  A 20% cancellation fee will apply in all order cancellations.  This fee is to cover any and all administrative fees and credit card fees incurred for charges and subsequent refund charges.  The fee will be given back to the customer in the form of store credit.

Products that are built to order or are modified in anyway including but not limited to customized, cut or altered are not eligible for cancellation under any circumstance.  Please be certain of all measurements and sizes before placing your order.   

Refund Policy

All refunds are subject to a restocking fee of 25%.  Special orders, custom parts, shocks, springs, DOM and parts that are modified (regardless of by whom, customer or company), are not eligible for refund.

Return Policy 

Returns will not be accepted later than 30 days from date of shipment.  All returns MUST be accompanied by an RMA number which is clearly displayed on the outside of the return shipment box.  Failure to provide RMA on the outside of the box will result in the package being refused and or discarded and your return will not be processed. 

Package inaccuracies

Every attempt will be made to ensure complete order accuracy.  If you discover that there is an error please contact us within 72 hours of package receipt.  We will correct any inaccuracies that are reported within this time frame immediately.  Reports made after the 72 hour window will be subject to additional shipping and handling charges.

Shipping 

By default shipping is set for USPS Priority Mail, Parcel Post or UPS Ground, Ballistic Fabrication, LLC reserves the right to choose the method of shipping for your order. Due to in-climate weather, natural disasters, or any other unforeseen circumstance we can only give an estimation of when your package will be delivered.  Shipping charges are two part.  Shipment of package, and the handling and materials cost for your package.  See details below for more shipping terms.

Express Shipments

If you require expedited shipping please call the shop at 520.888.4441 for product availability and shipping rates. 

Online Orders - When placing an order on our website your credit card will be charged as soon as the order is placed.  If items are out of stock, we will contact you via email to communicate any back ordered items.  We make every effort to fill your order immediately or contact you to discuss alternate parts.  Please do not place an online order unless you understand and agree to these conditions. 

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. 

Links from this website
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. 

Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company's services and the full content of this website.  

This Company's logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked.

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers. 

Casus Fortuitus

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein. 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. 

General

The laws of the United States of America govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the US courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company. 

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.  If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Acceptance of Terms: By clicking submit you agree to all terms and conditions; furthermore you understand that your order may not be available for immediate shipment.  By clicking submit you agree to wait whatever time frame is necessary for parts to be produced and shipped to you.  If you wish to verify stock YOU MUST call 520.888.4441 to verify stock AND to place your order.  No orders submitted online have a guarantee of stock on hand at any given time.

These terms and conditions form part of the Agreement between the Client and our company.  Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.   

© Ballistic Fabrication, LLC. 2011-12 All Rights Reserved