Some Pusher Intakes Products have been designed for "off-road" applications only. Installation on a vehicle intended for use on public roads may violate U.S., Canadian, state or provincial laws and regulations including those related to emissions and vehicle safety standards. In addition, installation of some Pusher Intakes Products on a vehicle may adversely affect the warranty coverage of that vehicle since Pusher Intakes is not licensed or affiliated with any vehicle manufacturer. Pusher Intakes makes no representation as to the legality of any Products in various states or provinces. The Purchaser accepts all responsibility for the final use of the Products Purchased and shall hold Pusher Intakes harmless in any legal proceeding arising from the use of such Products.
This Product Purchase Agreement ("Agreement") is entered into by and between the purchaser, the installer and/or the user (collectively, the "Purchaser") and Pusher Intakes, and their respective directors, officers, employees, and agents (collectively, "Pusher Intakes"). In consideration of Purchaser's purchase, installation and/or use (collectively, the "Purchase") of Pusher Intakes’ services and products (collectively, the "Products"), and the promises and obligations herein, and intending to be legally bound, Purchaser and Pusher Intakes hereby agree as follows:
Your Purchase of Pusher Intakes’ Products is subject to this Agreement, as well as any modifications issued by Pusher Intakes to this Agreement, and all applicable laws and regulations. BY PURCHASING PUSHER INTAKES PRODUCTS, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. If you do not want to be bound by this Agreement, do not Purchase Pusher Intakes Products, and if you have already done so, contact us immediately for return authorization on unused products.
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM PUSHER INTAKES. READ IT CAREFULLY. NO OTHER TERMS OR CONDITIONS APPLY. BY PLACING AN ORDER AND ACCEPTING THE PRODUCT(S) YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. PUSHER INTAKES IS AN UNAUTHORIZED INDEPENDENT ALTERNATIVE SOURCE AFTERMARKET REPLACEMENT / RESTORATION CRASH PARTS MANUFACTURER. PUSHER INTAKES DISAVOWS ANY AFFILIATION, SPONSORSHIP, ENDORSEMENT, OR APPROVAL BY ANY COMPANY.
Off-Road / Competition / Show Use
Pusher Intakes Products are specialty aftermarket performance Products. Aftermarket performance Products are intended to modify or prepare a vehicle for uses which may exceed conditions anticipated by the vehicle manufacturer. Purchasers of performance Products are warned that these products are for "off-road" competitive, performance, and or show use only and special warranty provisions apply.
Product Warranty
Products offered by Pusher Intakes are intended for "off-road" competitive, performance, or show use only, and are sold with no warranty of any kind. Implied warranties, including warranties of merchantability or fitness for any particular application, are excluded. It is the Purchaser's responsibility to determine the suitability of Pusher Intakes Products for their application. The entire risk as related to quality and performance of Pusher Intakes Products is with the Purchaser. The Purchaser and NOT Pusher Intakes, assumes any and all risks arising out of or in connection with the use of Pusher Intakes Products, including, without limitation, the risks of death, paralysis or any bodily injury, disability and/or loss or property damage wheresoever and howsoever caused including but not limited to, defects, normal wear or negligence, lack of maintenance, accident, abnormal operation, or improper installation or service, collision between a vehicle and another vehicle, person or stationary object, skidding, overturning, sudden stops, braking or acceleration, any "Act of God", fire or explosion; or the negligent or deliberate act of another person. THERE IS NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, MADE REGARDING THE SAFETY OF PUSHER INTAKES PRODUCTS. THE ENTIRE RISK AS TO THE QUALITY OR PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER.
Limitation of Liability
THE LIABILITY OF PUSHER INTAKES SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, PUSHER INTAKES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT PROVIDED BY PUSHER INTAKES, EVEN IF PUSHER INTAKES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
Purchaser agrees to defend, indemnify, and hold harmless Pusher Intakes from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to the Purchase of any Pusher Intakes Product.
Conditions Agreement
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) or terms that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s), which is subject to additional or altered terms and conditions, shall be null and void.
Product Changes
Pusher Intakes reserves the unconditional right to change the design, materials, specifications and suppliers of any Product offered by Pusher Intakes without incurring any liability or obligation to the past, present or future Purchaser's of any such product.
Product Descriptions
Pusher Intakes and its affiliates attempt to be as accurate as possible. However, Pusher Intakes does not warrant that Product descriptions or other content of any media placement related to their Products, including but not limited to print advertisements and the www.pusherintakes.com website, is accurate, complete, reliable, current, or error-free. If a Product offered by any Pusher Intakes media placements is not as described, your sole remedy is to return it in unused condition.
Product Pricing
All prices displayed in Pusher Intakes media placements are quoted in U.S. dollars. Pusher Intakes may at its sole discretion restrict delivery to addresses within the United States. Pusher Intakes will add shipping and handling fees and applicable sales/use tax. Pusher Intakes is licensed in the state of Florida to collect and remit sales tax. It remains the responsibility of the Purchaser to pay all applicable sales and/or use taxes in any other state, country, and/or province. Pusher Intakes reserves the right without prior notice to discontinue or change specifications and prices on Products offered in any Pusher Intakes media placement without incurring any obligation to the Purchaser. Products displayed in any Pusher Intakes media placement are available while supplies last. Descriptions of, or references to, Products in any Pusher Intakes media placement do not imply endorsement of that Product, or constitute a warranty, by Pusher Intakes.
In the event that a Product is listed at an incorrect price due to supplier pricing information or typographical error, Pusher Intakes shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed and the Purchaser's credit card charged. If the Purchaser's credit card has already been charged for the purchase and the Purchaser's order is canceled, Pusher Intakes shall promptly issue a credit to the Purchaser's credit card account in the amount of the incorrect price. No other fees or charges shall be refunded.
Order Acceptance
The receipt by you of an order confirmation does not constitute acceptance of an order by Pusher Intakes. Prior to acceptance of an order by Pusher Intakes, verification of information may be required. Pusher Intakes reserves the right at any time after receipt of the Purchaser's order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Pusher Intakes, for any reason. Pusher Intakes reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. BY PLACING AN ORDER, THE PURCHASER ACKNOWLEDGES AND ACCEPTS THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING ACKNOWLEDGEMENT OF THE WARNING AND DANGERS INHERENT IN THE INSTALLATION AND USE OF THE PRODUCT(S) ORDERED. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CANCEL YOUR ORDER.
Payment Terms
Pusher Intakes accepts Visa, Mastercard, AMEX, Discover, PayPal and of course valid US currency. Under no circumstances will shipments be made prior to payment being fully secured for purchase.
Cancellations
Orders under $1,500 may cancel at any time prior to order fulfillment for a full refund. Any cancellations on orders over $1,500 are subject to a 3% fee, to cover processing fees associated with the order.
Legal Implications / OEM Warranty Implications
Because U.S., Canadian, state or provincial laws and regulation may prohibit removal or modification of components that were installed by the Original Equipment Manufacturer's (OEM's) to meet emission requirements or to comply with motor vehicle safety regulations applicable to vehicles manufactured for use on public roads, vehicles equipped with Pusher Intakes products are not to be operated on public roads, and offers such Products for "off-highway" competitive, performance, or show use only. PUSHER INTAKES PRODUCTS ARE INTENDED FOR "OFF-HIGHWAY" APPLICATION ONLY. Installation of some products on a vehicle intended for use on public roads may violate U.S., Canadian, sate or provincial laws and regulations including those relating to emission requirements and motor vehicle safety standards. In California certain Products may legally be used on a racing vehicle which will never be operated on public roads. In addition, installation of Pusher Intakes Products may adversely affect the warranty coverage on the Purchaser's vehicle. Other local, state, provincial, territorial, or international laws may apply to the use of these Products. Please check your local laws before Purchasing Pusher Intakes Products.
Pusher Intakes makes no representation as to the legality of any Products in various states or provinces except where noted. The Purchaser accepts all responsibility for the final use of Pusher Intakes Products and shall hold Pusher Intakes harmless in any legal proceeding arising from the use of such Products. Adherence to federal, state and local laws is the sole responsibility of the Purchaser. Pusher Intakes assumes no responsibility for any voided OEM warranties.
Third Party Product Disclaimer
All products manufactured by another manufacturer are warranted to the extent of such warranty offered by that manufacturer. Non-Pusher Intakes manufactured products have no Pusher Intakes warranty.
Installation Disclaimer
The installation instructions provided for Pusher Intakes Products are furnished solely as a matter of convenience to the Purchaser and should be regarded merely as suggestions to an otherwise proficient and experienced automobile technician. Disassembly and assembly of automobiles can be dangerous and should always be conducted in accordance with procedures set forth in the OEM service manuals or their Society of Automotive Engineers (SAE) equivalent. Furthermore, performance of Products may be affected by the manner in which the Products are used, serviced or installed. Purchasers of such products must rely on their own judgment as to the suitable use, service and installation of such Products.
Proper installation and safe use of Pusher Intakes Products is the sole responsibility of the Purchaser. As part of the consideration for purchasing any Product of Pusher Intakes, the Purchaser takes such Product "as is" and subject to all the provisions of this disclaimer and limitation of damages.
Purchaser agrees to indemnify and hold Pusher Intakes harmless from any claim, action or demand arising out of, or incident to, the installation or use of Products purchased from Pusher Intakes by any Purchaser.
Shipping
Standard shipping is FedEx ground to all 50 states; however, items may be shipped by a variety of carriers. Email us at orders@pusherintakes.com with any special shipping requests and/or requirements or call us.
Once an order is placed the processing of that order usually takes 3-5 working days; actual shipping usually takes another 3-5 working days depending on location. If Products are not received within two (2) weeks of purchase please contact the Pusher Intakes Customer service department or email us at orders@pusherintakes.com. Orders will be shipped no signature required unless other arrangements are made when the order is placed. If the Purchaser's "Bill To" and "Ship To" addresses are different, the "Ship To" address will be considered Purchaser's "Assignee". Pusher Intakes does not normally accept international orders, please contact us if you are considering an international order so we can discuss shipping options. Shipping charges will be assessed when the order is placed. The Purchaser's credit card will be charged when the order is placed not when the order is shipped.
Pusher Intakes will carefully inspect each order shipped for accuracy of content and evidence of physical damage or defects prior to shipping. Pusher Intakes must be notified by the Purchaser within 10 business days (2 weeks) of the receipt by the Purchaser and/or Assignee of any discrepancies in the content found for any missing, damaged or defective Products. The Purchaser and/or Assignee must report all damages related to shipping to Pusher Intakes. Pusher Intakes directs the Purchaser and/or Assignee to inspect all shipped Products completely while the driver is present and have the driver note any damages. DO NOT return any damaged Products to Pusher Intakes. All damages related to the shipping process are the responsibility of the freight carrier and not Pusher Intakes. Denied claims related to shipping are not the responsibility of Pusher Intakes, LLC.
ACCEPTANCE BY PURCHASER AND/OR ASSIGNEE OF PRODUCTS SHIPPED SHALL CONSTITUTE PUCHASER'S FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Back Orders
Occasionally, Pusher Intakes will temporarily be out of stock on an item. In these cases, the entire order will be held until ready to ship together unless other arrangements have been made in advance. The Purchaser will be notified of unexpected delays. The Purchaser's credit card will not be charged until the order is shipped, unless it is a website order, and in that case the option of a refund will be given if purchaser does not wish to wait for backorder to come back into stock.
Risk of Loss
All items purchased from Pusher Intakes are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the Purchaser upon Pusher Intakes’ delivery to the carrier.
Returns
If you purchased your Pusher Intakes product directly from us, please continue reading below. If you purchased our product through one of our authorized dealers, you must contact the dealer, not us, for their return policies and to be issued credit.
Return requests must be placed within 14 days of the original shipping date. Please contact the Pusher customer service team at orders@pusherintakes.com to request a return. If your return is approved, you will receive a Return Order form to include inside the box with your return(s).
· All returns or exchanges are subject to a 15% restocking fee.
· All returned products must be unused and returned in the original packaging.
· Any products returned with damage incurred by the customer or shipping carrier will automatically be assessed a minimum of a 50% penalty of the cost of the part against the refund value.
· Original and return shipping costs are non-refundable, unless Pusher Intakes was at fault for sending the incorrect parts.
· The above applies to orders placed via pusherintakes.com. Items purchased from a third party must be processed through the dealer of the original purchase, and are subject to the return policy of that dealer.
Customer Service
Please call 772-212-9290 to speak with our friendly and knowledgeable representatives who are on duty from 9am to 5pm EST, Monday through Friday. Representatives can also answer any questions you have about Product specifications or installation. But remember, proper installation and safe use of Pusher Intakes Products is the sole responsibility of the Purchaser. Pusher Intakes' employees or representatives' oral or other written statements do not constitute warranties, shall not be relied upon by Purchaser, and are not a part of the contract for sale or this limited warranty. If a representative is unavailable, you can leave a message and your call will be returned promptly. We can be reached on the internet at www.pusherintakes.com or via email at orders@pusherintakes.com.
Entire Obligation
This Product Purchase Agreement, document states the entire obligation of Pusher Intakes with respect to its Products. If any part of this agreement is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect. This entire agreement, in whole and in part, including warranty provisions, shall be governed by Florida law to the extent allowed. Interpretation of the terms of this agreement must be done using Florida law.
Pre-Sales Notification
Pusher Intakes has properly presented the required pre-sales notification of its sale and warranty terms. We are neither liable nor responsible for ascertaining whether those terms have been read and/or understood by the Purchaser.
CONTACT INFORMATION
Pusher Intakes
7760 66th Avenue
Vero Beach, Fl 32967
772-212-9290
Online at:
www.pusherintakes.com