terms of service

1. Acceptance of Terms: By agreeing to these Terms and Conditions, making an online purchase from the Seller, or receiving any product, the purchaser, installer, and/or end user accepts all terms and conditions outlined in this agreement. The term "purchaser" encompasses the end user. The recipient of the product must, as a condition of accepting the product, provide a copy of these terms to any installer and/or user of the product.

2. Payment Terms: Unless specified otherwise in this agreement, the amount due is calculated before additional charges for shipping and/or delivery. Unpaid amounts will accrue interest at a rate of one percent (1%) per month, equivalent to an annual interest rate of twelve percent (12%). All payments must be made in U.S. Dollars to the Seller. The Seller retains a security interest in all products until full payment is received, and reserves the right to file a UCC-1 financing statement on such products and repossess them if payment is not made as required by law.

3. Taxes: The purchaser is responsible for paying all duties, excise, sales, transfer, personal property, and other taxes related to the sale, purchase, storage, use, or ownership of the product covered by this agreement. The seller is responsible for collecting sales taxes in Michigan State.

4. Shipments and Risk of Loss: Products will be shipped via common carrier at the purchaser's expense ("free shipping " is consider as purchaser's expense), and the risk of loss transfers to the purchaser once the product is handed over to the carrier.

5. Returns:
The Seller offers a limited return policy as follows: a. Contact the Seller at (sales@mupeakbrakes.com) to obtain a Return Authorization Number (RAN) before returning any product. Returns without

a. RAN or for special/custom orders, or products not in their original condition, will not be accepted. b. Products must be returned within 14 days of receipt in the original shipping container, with the original invoice inside and the RAN clearly marked on the outside.

c. Special and/or custom orders are non-returnable and non-refundable.

d. All returns must be shipped prepaid (no COD accepted). Shipping charges will not be credited. If the purchaser meets these requirements, the Seller will refund the purchase price of the product, minus a 20% restocking fee.

6. Proper Installation: The purchaser is solely responsible and liable for ensuring that proper installation procedures specified by the Seller and/or provided with the shipment of any product are followed during the installation and use of the product.

7. Limited Warranty: The purchaser acknowledges that the product is intended for off-road racing use only. Given the inherent risks of off-road racing, the purchaser understands and agrees that the seller provides a limited warranty for the product, specifically limited to less than .0015” runout and less than .0003” disc thickness variation.

If the purchaser notifies the seller in writing of any issue not meeting the specified standards within six (6) months from the date of delivery and adheres to the return requirements in Section 6, the seller will, at its discretion, either:

a. Provide a replacement product, or

b. Refund the purchase price.

This limited warranty does not cover labor or materials for removing or installing a replacement product. It is limited to the exchange of the product or a refund of the purchase price.

The warranty does not apply to any product that:

a. Is not in its original condition, regardless of the cause; or

b. Is not installed and operated according to the standard instructions and specifications.

7.1 Exclusivity of Limited Warranty: The seller's limited warranty is the exclusive warranty and replaces all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. There are no warranties regarding the product's capacity, durability, reliability, safety, or performance.

7.2 Exclusive Rights and Remedies: The warranties, rights, and remedies of the purchaser outlined in this section are not transferable. By accepting the product, the purchaser acknowledges the limitations of the warranties and waives any claims against the seller arising from the purchase, installation, or use of the product, including any claims for indirect, incidental, special, or consequential damages.

7.3 Claim Period: Any legal action related to the purchase, installation, or use of the product must be initiated within one (1) year of the occurrence.

7.4 Limitation of Liability: The seller's liability under these terms, regardless of the form of action, shall not exceed the total amount paid to the seller for the product.

7.5 Indemnification: The purchaser agrees to indemnify and hold harmless the seller from any liabilities, claims, costs, and expenses (including attorneys' fees) arising from the 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 and understandings. Any changes or waivers must be in writing and signed by authorized representatives of both parties.

9. Miscellaneous:

9.1 Notices: Any notices required under this Agreement must be in writing and delivered personally or sent by registered or certified mail.

9.2 Enforcement: The failure to enforce any term of this Agreement does not waive the right to enforce it. In any dispute, the prevailing party is entitled to all costs and attorneys' fees.

9.3 Assignment: The rights and obligations under this Agreement cannot be assigned or subcontracted without the prior written consent of the other party.

9.4 Choice of Law: This Agreement is governed by the laws of the United States, specifically the State of Washington. Disputes will be resolved by binding arbitration under the rules of the American Arbitration Association in Michigan. For disputes involving copyright, trademark, or patent rights, the venue and jurisdiction shall be the U.S. Federal District Court in Lansing, Michigan.