Conditions of Use

The following policies, terms and conditions are effective January 1, 2006 and are subject to change without notice. Buyers of products manufactured and/or sold by Performance Engine and Machine (hereafter “PEM”) agree to the following: Payment The sale of the specified goods is to be prepaid prior to shipment by PEM by any of the following methods: Master Charge, Visa, Money Order or Cashiers Check issued in the United States, Pay Pal and Corporate/Company checks if accepted by PEM upon prior approval. All international sales orders shall be paid only by wire transfers or Pay Pal. Checks returned for insufficient funds will incur a twenty-five dollar ($45.00) penalty charge, and future shipments to the Buyer may be denied within the discretion of PEM. Warranties PEM fully guaranties and warrants that all merchandise and/or sold by PEM is free from manufacturer’s defects in materials or workmanship for 30 days from the date of shipment from PEM to the original Buyer. Should the aforementioned goods be deemed defective by either PEM or Buyer, PEM shall have the exclusive right to inspect and repair alleged defects and/or replace such goods at the discretion of PEM. There are no other warranties, expressed or implied, beyond one year, inclusive of fitness for use. Usage All products sold for legal racing or off-road vehicles only are restricted to use by Buyer and his assigns to use only for such purposes, and Buyer will exercise this responsibility in a cautious and proper manner. The Buyer agrees to comply with all state and federal laws relating to the usage of goods and will use said goods only for legal purposes. The Buyer’s understanding and application of legal responsibilities is critical and PEM shall not be responsible for wrongful usage. All products manufactured by PEM are intended for racing and off-road vehicles only, and not intended for normal driving conditions. PEM is not responsible for misuse by Buyer, and use other than intended will void any aforementioned warranty. Indemnification The Buyer waives and releases PEM from any and all claims, whether in contract or of personal injury, bodily injury, property damage, damages, losses and /or death that may arise from the aforementioned, municipal/state/federal laws and regulations by improper usage of FRM sales goods. It is mutually understood and agreed that there are certain risks, dangers and perils the potentially exist by improper installation or usage of said goods. The Buyer agrees to indemnify PEM from any and all liability, loss or damage PEM may suffer as a result of claims, demands, costs or judgments against PEM arising from improper installation or usage.