IMPORTANT TERMS AND CONDITIONS OF PURCHASE, CREDIT CARD AUTHORIZATION, RETURN & SHIPPING POLICY INFORMATION

BUYER ACKOWLEDGES AND ACCEPTS POWER PORTED’S CREDIT CARD AUTHORIZATION FOR ONLINE AND / OR VERBAL OVER THE PHONE ORDERS, TAND ALL TERMS & CONDITIONS OF PURCHASE. Buyers purchase and / or receipt and acceptance of any equipment or products (“Products”) from Power Ported, LLC (“POWER PORTED”), shall be deemed an acceptance by Buyer of these terms and conditions and of POWER PORTED’s core charge policy.  PCM modifications and/or upgrades (“PCM Upgrades”), files provided electronically and all other Products offered or sold by POWER PORTED are intended/sold for OFF ROAD use only and are SOLD “AS IS” unless otherwise noted. PCM Tune files are provided to customers through 3^rd parties and buyer acknowledges that using them is a risk that could cause irreparable damage. Buyer acknowledges that the use of any provided files is done so at the buyers own risk and agrees to not hold Power Ported responsible for any damages that a tune file may cause. All files are acquired through relationships with known tuners. Power Ported does not do any tuning directly. The Products do not comply with any emissions, EPA or CARB related standards. ALL SALES ARE FINAL INCLUDING OVERSEAS, CUSTOM, CRATE,  LONGBLOCK,  OR  SHORTBLOCK  ENGINE,  TRANSMISSION,  FORCED  INDUCTION,  STAGE 3  OR  STAGE 4  CYLINDER  HEAD, SPECIAL ORDER OR DROP SHIPPED  ORDERS  ARE  CONSIDERED  CUSTOM / SPECIAL ORDERED  ITEMS /  PARTS AND  THEREFORE  ARE  NON-REFUNDABLE  AND CANNOT  BE  CANCELED  FOR  ANY  REASON.  ANY  DEPOSITS  ON  SUCH  ITEMS  ARE  FORFIET  IF  CUSTOMER REFUSES  TO  PAY  ANY  BALANCE(S)  DUE  ON  ANY  ITEMS DEEMED AS CUSTOM / SPECIAL ORDERED  ITEMS  AND SUCH  DEPOSITS / PAYMENTS CANNOT  BE  USED  AS  CREDIT TOWARDS  ANY  OTHER  POWER  PORTED  PURCHASES. In addition to any other remedies available to POWER PORTED at law or equity, POWER PORTED may elect to charge Buyer, at a minimum, an amount equal to 20% of the total order amount for any approved order cancellations for stocked parts or at a very minimum 25% for any and all items ordered related to any order changes or cancellations made by the customer after an order has been made for non-stocked parts. Item substitutions due to manufacturer availability and or back orders may be made by POWER PORTED at any time in order to fulfill customer orders in a timely manner and are made at the sole discretion of POWER PORTED, without need or requirement of customer notification prior to substitution. CORE CHARGES ARE THE FULL RESPONSIBILITY OF THE BUYER, REGARDLESS OF WHETHER THE CORE CHARGE IS CHARGED UP FRONT OR TEMPORARILY WAIVED FOR A PERIOD OF TIME. ALL CORES MUST BE RETURNED IN A REUSABLE, NON DAMAGED STATE OR THE BUYER WILL BE CHARGED THE FULL CORE CHARGE AT CURRENT MARKET REPLACEMENT COSTS, IRRESPECTIVE OF THE TIME FRAME IT TAKES FOR POWER PORTED TO INSPECT RETURNED CORES

Limitation of Warranty

POWER PORTED MAKES NO WARRANTY, EXPRESS OR IMPLIED UNLESS OTHERWISE STATED IN WRITING.   THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE MERCHANTABILITY OF THE SERVICE, EQUIPMENT OR PRODUCT, OR THEIR fitness for any PARTICULAR purpose OR APPLICATION. 

Limitation and Disclaimer of Liability

POWER PORTED SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE AND THERE ARE NO THIRD PARTY BENEFICIARIES.  Where the law requires implied warranties of merchantability and fitness, such warranties shall be limited for a term of ninety (90) days from the date of original purchase. It is the responsibility of the Buyer and user to investigate and understand the suitability of the Products for Buyer’s intended use, including, without limitation, the capability and limitations of Buyer’s vehicle according to the manufacturer’s specifications, and compliance with all applicable federal, state, and local laws.  Buyer further agrees and consents that, to the extent available, any and all claims against POWER PORTED for warranty or damages shall be capped and limited to the amount invoiced to and paid by Buyer.  

POWER PORTED expressly disclaims any liability for personal injury or damages. The Buyer acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement. Buyer agrees to indemnify and to hold POWER PORTED harmless from any and all claims, damages, actions and/or suits associated with or related to (i) Buyer’s failure to adhere to proper specifications, (ii) any improper installation, application or misuse of the Products purchased by Buyer; and (iii) any violation of law in connection with Buyer’s use of the Products. Under no circumstances will POWER PORTED be liable for any damages or expenses by reason of Buyer’s use, misuse or sale of any such Product.   

It is solely Buyer’s responsibility to verify that Products and/or PCM upgrades are in conformance with the vehicle manufacture’s warranty and/or specifications prior to any installation. POWER PORTED, shall not have any responsibility for vehicle warranty impairments or concerns due to the installation of Products offered or sold by POWER PORTED.  Products or PCM Upgrades may affect the emissions characteristics of the vehicle.  POWER PORTED shall not have any obligation to Buyer, nor any responsibility to repair Buyer’s vehicle, should Buyer’s vehicle fail any state, local, or any other type of emissions or inspection and maintenance tests, including without limitation, any vehicle tests required to maintain and/or renew vehicle registration.  In such events, and should Buyer’s vehicle be subject to any emissions or other recall, it shall be solely the Buyer’s responsibility to remove the Products or PCM upgrades at Buyer’s expense if necessary to obtain any and all needed repairs, pass emissions tests or to perform recall(s).

Governing Law; Waiver of Jury Trial; Attorney Fees

Prices do not include shipping and are subject to change without notice. We are not responsible for any misprints, typographical errors or any costs associated with the installation of any products. Purchaser assumes the risk associated with the installation of performance products. We, along with the manufacturer of each product are not responsible for any direct or indirect damage to the vehicle or costs incurred from the use of these products. Warranty claims would need to be handled directly by the manufacturer.