THIS AGREEMENT GOVERNS YOUR USE OF THIS WEBSITE AND PURCHASE OF PRODUCTS FROM LP GEAR. READ IT CAREFULLY. BY USING THIS WEBSITE AND/OR ORDERING PRODUCT(S) YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT USE THIS SITE.
"Product" shall mean parts, accessories and instructions including but not limited to related documentation sold by LP Gear.
"Content" shall mean all content on the LP Gear website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material.
All orders placed by Customer with LP Gear shall be subject to acceptance or cancellation by LP Gear at anytime. By placing an order with LP Gear hereby designated as the Seller, Customer acknowledges that he/she has read the policies, is aware of and fully accepts these terms and conditions.
For all products, Seller reserves the right to adjust prices at anytime prior to or after an order due to errors, omissions, unavailability, out of stock, out of inventory or changing market conditions. If you order a product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. If the pricing error results in an overcharge to you, LP Gear will credit your account for the amount overcharged. Product descriptions, pricing, features, specification sheets and advertisements are prepared in advance and may not reflect latest accurate information.
Also, LP Gear may sometimes indicate a "0" price value for a product. It is a placeholder for out-of-stock or the price is subject to determination requiring relevant information to be supplied by the customer.
LP Gear continually updates and revises products. Products are subject to availability. Seller does not guarantee product availability and may revise, discontinue or refuse to sell any product(s) at any time at its sole discretion. Variations from what is shipped and what is described in marketing materials (product descriptions, ads, catalogs, specification sheets, documentations, etc.) are possible and can occur.
The terms of payment are determined at LP Gear's sole discretion. LP Gear accepts MasterCard, Visa, American Express, Discover, Paypal, Checks, Money Order, Bank Drafts and Wire Transfers. The terms of payment must be agreed upon prior to acceptance of an order by LP Gear. Seller will usually charge credit cards upon order placement.
The Seller's payment terms are subject to change without notice at seller's sole discretion.
Prices do not include any sales, local or other similar taxes. All such taxes shall be the liability of and shall be paid for by Customer.
Product prices do not include shipping and handling. Seller will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is Customer's. In the event of Product damage or loss during transit, it is the responsibility of Customer to file a claim with the carrier.
LP Gear makes no warranties except those expressly stated by the manufacturer in their warranty cards included with specific products - but no longer than 1 year. Select LP Gear brand products purchased in the USA directly or from an authorized LP Gear dealer are warranted for one year from date of purchase to be free of defects in materials and workmanship. In event of a defect, the original End-User’s exclusive remedy is at LP Gear's election, the cost of repair, refund of the purchase price in the form of credit or cash, or replacement of the product. The product must be delivered to LP Gear or an Authorized Service Center, prepaid, together with the sales slip or other proof of purchase date. This limited warranty excludes defects due to normal wear, abuse, shipping damage, or failure to use product in accordance with instructions. This warranty is void in the event of unauthorized repair or modification, or removal or defacing of the product labeling.
LP GEAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE.
A PARTY'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
We may be able to cancel and void an order for a customer as long as it has not yet been invoiced or shipped. Order cancellation is not guaranteed. Please provide the following information when you request for an order cancellation:
If the order has been invoiced or shipped, obtain the tracking number(s) for the order(s) you do not want and call the shipping carrier to refuse those shipments. If unable to do so, you can also refuse the shipment at the time of delivery. You will be refunded when those items are returned to, received and inspected by LP Gear. S&H is not refundable and a restocking fee may apply.
Prior to returning any item, Customer must obtain a Return Merchandise Authorization (RMA) number. No returns, of any type, will be accepted without a RMA number. Please provide the following information when you request for a RMA number:
LP Gear respects the privacy and confidentiality of Customer infomation and takes great care in maintaining the security of personal information and in preventing unauthorized access through the appropriate technology and internal procedures. However, Seller does not guarantee that unauthorized access will never occur.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND LP GEAR arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, LP Gear's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA USA, WITHOUT REGARD TO CONFLICTS OF LAW, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS AND NOT BY THE 1908 U.N. CONVENTION ON CONTRACTS FOR INTERNATIONAL SALE OF GOODS.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND LP GEAR arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), LP Gear's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall prevail. The arbitration will be limited solely to the dispute or controversy between customer and LP Gear. NEITHER CUSTOMER NOR LP GEAR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
Any cause of action or claim Customer may have with respect to the site (including but not limited to the purchase of LP Gear products) must be commenced within one (1) year after the claim or cause of action arises. LP Gear's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. LP Gear may assign its rights and duties under this Agreement to any party at any time without notice to you.
All content on the LP Gear website including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material is protected by copyright, trademark, patent or other proprietary rights. All Content is copyrighted as a collective work under the U.S. and international copyright laws.
The LP Gear logo and other trademarks in the site are the property of their respective owners and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
By using the LP Gear website, Customer agrees that except for purchase and personal information, any information, materials, suggestions, ideas or comments you send is not confidential. By submitting any solicited or unsolicited information to LP Gear, Customer grants an irrevocable and unrestricted license to modify, reproduce, display, transmit and use for any purpose whatsoever permitted by law.
LP Gear may deliver notice to Customer by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to LP Gear.
Customer agrees to indemnify, defend, and hold harmless LP Gear, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by LP Gear without notice at any time, for any reason. The provisions relating to Proprietary Rights, Limitation of Liability, and Indemnification shall survive any termination.