WELCOME NEW MEMBERS
Members Terms, Conditions and Membership Fees

TERMS & CONDITIONS

 

 

CONDITIONS OF SALE:  All sales are final by P1 Autoworks (Seller) to said account (Buyer).  Buyer understands that all goods sold by Seller are in “as-is” condition.  Seller does not have any control of what consistency said manufacturers have in production of said goods. 

 

RETURNS:  Returns are accepted on a 2 for 1 exchange basis not to exceed 2% of yearly sales total. Other than this, ALL SALES ARE CONSIDERED FINAL.  Once order has been placed and Buyer has either picked up by means of “Will-Call” or part has shipped out of Seller’s facility via shipping company, it is considered a FINAL SALE.  What this entails is that Buyer now accepts these goods in fair and saleable condition and it is now in the Buyer’s possession of merchandise. Seller does not have any obligations to take any part back for any reason other than that of a defective part. Once the order has been placed and the said part has left Seller’s facility, Buyer is now obligated to follow all return policies set forth by Seller.  If a part that has been “will-called” at Seller’s facility and the Buyer or Buyer’s agent has signed the respective invoice(s), it is now a FINAL SALE.  The NO RETURN policy is therefore in effect and will be enforced.  If a part has left Seller’s facility via shipping company it is considered a FINAL SALE.  If Buyer either refuses package with said parts or does not pay for the package then the Buyer will be obligated to pay the full face value of the entire invoice inclusive of all shipping and handling charges.  If Buyer does not pay for the full face value of the invoice within 5 (five) working days, Buyer is obligated to pay a 25% (twenty-five percent) restocking fee to Seller for the full face value of the invoice.  If this condition is not met by Buyer, all future orders will be held unless Buyer either pre-pays every order via cash, cashier’s check or money order or until all fees have been paid in full.  Buyer understands these terms of sale and is well aware of the term FINAL SALE.  Seller does not take any returns for store credit and there are no refunds given by Seller for any reason to Buyer. 

 

ORDERING:  When ordering from Seller, Buyer must fax or call in an order by 3:00pm EST for the order to be guaranteed to go out the same day.  Any order faxed after 3:00pm EST cut-off time will be subjected to a process of sale done in a timely manner by Seller.  All orders that are not faxed over with the correct part numbers and quantities are subject to interpretation at the sole discretion of the Seller.  If a phone order is placed it will be at the sole liability of the Buyer. Buyer understands that Seller is, at this point, taking discretion to what said parts and quantities of said parts are to be sold to Buyer and is using judgment at this point.  Parts ordered on these conditions cannot be returned by means of fault to Seller.  Buyer holds responsibility that verbal orders are the Buyer’s responsibility in a FINAL SALE.  Seller is not obligated, expressed or implied, to take any part back for “miscommunication” or wrong part shipping or picked up by Buyer at Seller’s facility. Any fax or purchase order placed by Buyer has the intent in being a sales order and will be treated as such by Seller and all parts in the fax or purchase will be processed in a timely manner. Special orders will be placed by Seller to said manufacturers where at this point Buyer will be responsible for the acceptance of these goods.  Any purchase goods that are cancelled at this point will be subject to a 25% (twenty-five percent) re-stocking fee so Seller can return said parts to the respective manufacturer.  It is at the sole discretion of the Seller at this point to either stock the part at Seller’s facility or return the part to the manufacturer.

 

WARRANTIES:  All warranties expressed or implied are done by the manufacturer of the product and not by the Seller.  Seller’s sole warranty for each product is set forth in the warranty documentation associated with the product from the manufacturer.  Seller will process all warranties in a timely manner on the Buyer’s behalf but Seller is at the sole discretion of the said manufacturer in terms of merchandise being returned to Seller in a timely manner.  Seller gives no warranties expressed or implied, including, but not limited to, the implied warranties of merchantability or performance of a particular part for a particular purpose. 

 

CONTINGENCIES:  Seller shall not be liable for any failures to produce to Buyer when the cause of such failure is an act of God, labor disputes, supplies, or material shortages, acts of local, state national, civil, or problems, or an act or cause that does not normally occur in the ordinary course of Seller’s business.

 

PERFORMANCE PRODUCT WAIVER:  Seller does engage in selling after-market items and Buyer does understand the ramifications for having these parts at Buyer’s facility for salability.  Seller will not be held accountable for any legal fees or such in selling of said parts to Buyer.  Buyer understands fully that some parts sold by Seller may not comply with local, state or federal laws and will not hold Seller accountable in any shape or form legal or implied.  Seller will not be held liable for any fault of their own, any damages to and not limited to the Buyer or the Buyer’s customer.  Seller will not be liable for any damages which are incurred directly or indirectly with the Buyer or Buyer’s customer directly or indirectly on the vehicles or operators or passenger of said vehicles.  All performance products marked with off-road use only are for off-road use only.


PAYMENT CONDITIONS:  Buyer is aware that Seller is selling parts on a COD (cash on delivery) basis.  Buyer is buying parts from Seller in forms of payment of cash, cashier’s check, or money order.  Buyer is not entitled to any credit or terms from Seller.    All personal information will be held in a confidential manner by Seller and will be used only for credit checking purposes.  Any checks that are returned to Seller for any reason are subjected to a $25.00 (twenty-five dollars) return check fee.  If any check is returned to Seller for any reason, Buyer is fully aware that Seller can and will at this point put the Buyer back on a cash on delivery basis. Any collection fees, legal fees, and bank fees will be paid by Buyer if the full face value of the check is not paid in full within five working days.  All returned checks with unpaid balances will be turned over to our legal department where the Buyer will be prosecuted to the full extent of the law in Buyer’s state of conducting business.  All returned checks to Seller must be paid by cash, cashier’s check or money order.  A company check will not be accepted as form of payment on a returned check.  If Buyer is accepted on a company check basis it must be taken as a privilege and not to be abused.  If Buyer uses any other form of payment other than the business checking account that is on their credit application, they will then be subjected back to a cash basis.  Seller does not accept personal checks.   


MEMBERSHIP FEES

 

Hiper-Enthusia.com is a membership community dedicated to provide Hiper-Enthusia.com members with the resources to make an informed purchase for specialty aftermarket automotive equipment.  The services offered by Hiper-Enthusia.com (“Hiper-Enthusia.com” or “We”) include the Hiper-Enthusia.com website, the Hiper-Enthusia.com online forums, and any other features, content, or applications offered from time to time by Hiper-Enthusia.com in connection with the Hiper-Enthusia.com Website (collectively, the "Hiper-Enthusia.com Services"). All purchases will be made through P1 Autoworks as a feature to the Hiper-Enthusia.com Services. P1 Autoworks reserves all the same rights to the Hiper-Enthusia.com website and its collective services.

Term. This Agreement shall remain in full force and effect while you use the Hiper-Enthusia Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing the Hiper-Enthusia.com staff at staff@hiper-enthusia.com Hiper-Enthusia.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Fees. You acknowledge that Hiper-Enthusia.com and P1 Autoworks reserves the right to charge for the Hiper-Enthusia Services and to change its fees from time to time in its discretion. If Hiper-Enthusia.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Subscription Fees will be posted on the Hiper-Enthusia.com website and at the bottom of this agreement.

Privacy. Use of the Hiper-Enthusia Services and P1 Autoworks Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Limitation on Liability. IN NO EVENT SHALL HIPER-ENTHUSIA.COM OR P1 AUTOWORKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HIPER-ENTHUSIA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIPER-ENTHUSIA.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HIPER-ENTHUSIA.COM FOR THE HIPER-ENTHUSIA SERVICES DURING THE TERM OF MEMBERSHIP.

Disputes. If there is any dispute about or involving the Hiper-Enthusia Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina, City of Jacksonville. Either Hiper-Enthusia.com or you may demand that any dispute between Hiper-Enthusia.com and you about or involving the Hiper-Enthusia Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Jacksonville, North Carolina, USA, provided that the foregoing shall not prevent Hiper-Enthusia.com from seeking injunctive relief in a court of competent jurisdiction.

 

 

Indemnity. You agree to indemnify and hold Hiper-Enthusia.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Hiper-Enthusia Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Hiper-Enthusia Website or through the Hiper-Enthusia Services causes Hiper-Enthusia.com to be liable to another.

Other. This Agreement is accepted upon your use of the Hiper-Enthusia Website or any of the Hiper-Enthusia Services or P1 Autoworks Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Hiper-Enthusia.com regarding the use of the Hiper-Enthusia Services. The failure of Hiper-Enthusia.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Hiper-Enthusia.com is a trademark of Hiper-Enthusia, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

 

4 Month Subscription

 

 

$25 cash or $26.50 credit per month/

 $95 cash or $100.7 credit

per Subscription Term if paid in full

 

1 Year Subscription

(1 month free if paid in full)

 

$25 cash or $26.50 credit per month/

$275 cash or $291.50 credit per Subscription Term if paid in full

 

Membership Fees differ from credit card to cash payments. Credit Card payments will be charge a $1.50 processing fee.  All members, including members paying in cash, must fill out the Credit Card Authorization form.  The Credit Card Authorization form will only allow Hiper-Enthusia.com or P1 Autoworks the use of a member’s credit card per that member’s authorization for purchases or subscription payments.  If a cash payment is not received for a subscription, (We) P1 Autoworks and Hiper-Enthusia.com reserves the right to automatically withdraw the fee from the member’s credit card.

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