TERMS AND CONDITIONS OF PURCHASE
Thank you for your purchase of goods and/or services from FDF Race Shop Inc.
The use of FDF Race Shop Inc. (“FDF”) products and services including products that we have sourced from third-party manufacturers and suppliers are governed by the policies, terms and conditions set out below. We have set these policies, terms and conditions in place due to the following facts:
When a person is engaged in racing their motor vehicle it involves the sudden and continuous operation of your vehicle at the upper limits of the physical and operational capacity and to the limits of endurance of every single component of your vehicle. When you race, you will be pushing your motor vehicle at the highest possible speeds and at the limits of a human being's ability to control and coordinate all of the movements required to race in an unpredictable environment and often in extremely close proximity to other motor vehicles being driven by other individuals who are also pushing their motor vehicles to the limits of their physical and operational capacity creating an extraordinarily unpredictable environment and involving enormous risks including the risk of catastrophic injury and death. Although component failure is never intended, it is inevitable when racing as you will, in all likelihood, often exceed the operational and functional limits of your vehicle thereby testing those upper physical limits of every single component (including the performance limits of any mechanical service you received from us). Therefore, component failure including failure of any of the parts purchased and including parts sourced from third-party manufacturers and also including failure of any mechanical service performed by FDF for you, will occur and may occur on the very first use of the vehicle following the installation of the part(s) (including parts supplied by third-party manufacturers supplied to you by us) and including any mechanical services we performed on your vehicle.
Accordingly, given the nature of racing as expressed above and because there is such a strong probable risk of failure in the part(s) and services acquired from FDF at any time, there is no express or implied warranty of fitness from FDF in your purchase. All sales of all products and services are “as is” and all sales are final. The following exclusions of liability of FDF shall apply to every transaction between FDF and yourself. Without limiting the generality of the foregoing, this would include the performance of any mechanical service by FDF in respect to the installation of any part or parts and components including any fabricating or other mechanical services, modifications, vehicle additions, vehicle alterations or any other service performed by FDF for you.
All FDF products, including products sourced from third-party manufacturers and sold to you and including any and all mechanical services performed on your behalf on your motor vehicle by FDF, are for race application only and on vehicles exclusively intended to be used in a certified licensed racing facility. All parts to you by FDF including all parts sourced from third-party manufacturers and provided to you are to be installed by a licensed mechanic.
Under no circumstances is your vehicle, after the installation of the part(s) purchased from FDF or after the performance of any services on your vehicle by FDF, to be used on public roads or streets.
You acknowledge that racing at its very essence involves exposing yourself and others to the risk of harm, including catastrophic injury and risk of death to yourself and others. You are entirely liable for any harm caused as a result of the operation of your motor vehicle notwithstanding that such occurrence may be as a result of failure of any part or the performance of any service provided to you by FDF.
You acknowledge that even in racing approved facilities there are risks of collision and injury that include but are not limited to your going off track, the improper installation of any part, collisions with other vehicles whether they be other race vehicles, emergency vehicles, tow trucks, collisions with track equipment, collisions with track barriers, collisions with track walls or any other obstacles, including collisions caused or contributed to by weather conditions, temperature, your driver error or the driver error of other drivers, engine failure, transmission failures, steering and suspension failure, tire failure, etc., or any other mechanical failure in a motor vehicle whether it be your motor vehicle or other motor vehicles who are racing at the same time as you. After every race and after every collision incident, whether that be minor or severe, all parts must be inspected for damage and fatigue and repaired or replaced immediately by a licensed mechanic.
You acknowledge that you bear the entire risk of harm to yourself and others as a result of any racing endeavour by you and notwithstanding the failure of any part provided by FDF to you or the performance of any service from FDF to your motor vehicle.
In addition, FDF will not be liable for the misuse of information provided on www.fdfraceshop.com including and not limited to technical support, customer service or any other service provided online or over the telephone. In every case involving the use of any part(s) provided to you through FDF or the performance of any mechanical service you understand and accept that there is no express or implied warranties whatsoever with respect to any such product(s) or services provided to you by FDF. You acknowledge that if a warranty is provided by any part supplied by a third-party manufacturer and sold to you by FDF, you are to pursue any warranty claims directly against such third party manufacturer and in no event, shall FDF be required to honor any such warranty or to assist you with respect to pursuing your remedies with respect to any such warranty that may be supplied by any such third-party manufacturer of the part(s) that you acquired through FDF.
All of these terms and conditions form an integral part of your contract of purchase of any product or service from FDF and shall not expire regardless of the passage of time.