Terms and Conditions

Terms and Conditions

DISCLAIMER - FOR OFF-ROAD USE ONLY

Dodson Motorsport products, are sold for off-road use only. All performance modifications and installations are at the customer’s own risk. Dodson Motorsport holds no responsibility either implied or otherwise for mechanical, electrical or other failure when using any aftermarket performance products. Items sold for off-road use only are illegal in many states and provinces and are intended for racing vehicles which may never be used on a public road. By purchasing any aftermarket performance product, the customer takes full responsibility for any use, and/or misuse of the product and agrees that Dodson Motorsport holds no responsibility for any consequences, legal, or other, of such use and/or misuse.

PERFORMANCE PRODUCT DISCLAIMER

CUSTOMER NOTIFICATION AND DISCLAIMER OF LIABILITY THIS IS A RACE-ONLY PRODUCT. IT IS NOT LEGAL FOR SALE OR USE ON POLLUTION CONTROLLED VEHICLES THAT ARE DRIVEN ON PUBLIC STREETS, ROADS OR HIGHWAYS. USE THIS PRODUCT AT YOUR OWN RISK.

DO NOT USE THIS PRODUCT unless and until you (the “Buyer”) have carefully read this Customer Notification and Disclaimer of Liability (this “Disclaimer”). Be sure to abide by all local, state and federal laws, including but not limited to emissions, vehicle safety and traffic laws. It is your responsibility to know what those laws are and how they apply to you. The installation of this product (the “Product”) on your vehicle indicates that you have (a) had the opportunity to inquire about applicable local, state and federal laws and (b) read and understand, and accept all of the terms of, this Disclaimer.

This product is designed and intended solely for legally-organized and sanctioned, closed-course, off-road competition use and is not for use on public streets, roads or highways. This Product is capable of disabling the emissions system on some vehicles. Emission delete products are for the above-mentioned uses only - or where emissions equipment is not required by law. Use on public streets, roads or highways is a violation of federal and certain state (including California) and local environmental laws. Your vehicle will not pass emissions testing if the emissions system has been disabled.

Dodson Motorsport (the “Seller”), shall not be responsible for the Product’s proper installation, use and service. Rather, the Buyer (or, if applicable, the dealer who installs the Product) shall be solely responsible for the installation of the Product and any damage that may be done to vehicle components as a result of modifications made by the Buyer (or the dealer, as the case may be).

WARRANTY

 

Dodson Motorsport Limited ("Dodson") warrants all products are free from defects and have not been altered by anyone except authorised employees. Dodson warrants that all products will conform to the description contained within the latest catalog. Dodson makes no other warranty, express or implied.

Dodson will supply the purchaser with the proper product. The purchaser is to use Dodson's catalog when ordering any product to ensure the requested product is the proper product for its intended application. The purchaser has the final decision on parts usage and for assuming all risks, liabilities and costs. If the purchaser has any merchantability or fitness for a particular use or purpose and expressly disclaims any warranty as to performance. The purchaser acknowledges this disclaimer due to the unusual stresses placed on performance and high end parts and because Dodson has no control over the use of those products. The purchaser will make all of their customers aware of this disclaimer.

Dodson's liability is strictly limited to repair or replacement. Dodson must be notified of any defect as soon as it has been discovered and be given access to the product in order to investigate any asserted defects. The burden of establishing any asserted defect is on the purchaser. The purchaser assumes all risk once the product has been installed due to the numerous possible uses for each product and lack of knowledge and control Dodson has over the intended use. This warranty does not apply to any product which has been subjected to accident, negligence, alteration by someone other than an authorised employee, abuse or misuse. Warranty does not apply whatsoever in respect to accessories or parts not supplied by Dodson.

Dodson's responsibility for products shipped by any common carrier ceases upon delivering the products to the carrier. Dodson is not responsible for any product lost or damaged in transit. Dodson will assist in any claim against a carrier for loss of or damage to a product by supplying any information that is available to Dodson.

It is the purchaser's responsibility to comply with all laws and regulations governing the resale of products. The purchaser agrees to hold Dodson harmless in this regard. Dodson is not liable, in any event, for damages. The limited warranty shall be governed by and construed in accordance with the laws of New Zealand. Any legal action which may arise as a result of disputes, controversies, and any claims arising out of, or related to this limited warranty, the purchase, or use of any product shall be litigated exclusively in the appropriate Court or Tribunal in Auckland, New Zealand.

Dodson's failure at any time to enforce this warranty shall not constitute a waiver of any provision. This constitutes full, complete and final statement of Dodson's limited warranty. No other warranty is made by Dodson. The warranty may not be altered, amended, extended or modified except by writing which is signed by Glenn Cupit or Harry Dodson.

RETURNS

The purchaser shall advise Dodson Motorsport Limited of any parts being returned and must be returned within 14 days of receipt with a copy of the purchase invoice. Goods must be in the same condition as when dispatched. Damaged or contaminated goods will not be credited. All returns of goods correctly supplied by Dodson’s are subject to a re-stocking fee of 30%. The purchaser is also responsible for the return freight and New Zealand import charges if any.

PAYMENTS / PRICES

Payments are to be made in NZD unless otherwise agreed on with Dodson Motorsport Limited. Prices maybe subject to change due to currency fluctuation and other reasons prior to payment.

CANCELATION POLICY - ONLINE ORDERS

Should the purchaser want to cancel the order placed then Dodson Motorsport Limited must be advised in writing within 24hrs of placing the order. If the order has been despatched during this time then the customer will need to take responsibility for the return of these items as per the returns policy. If the order has not been destaptched then the order can be canceled within the 24hour period and the funds will be returned in NZD to the purchasers credit card minus a 2.5% card processing fee. Please note that any exchange rate variations during this time are not the responsibility of Dodson Motorsport Limited and are that of the purchaser.  

TRADEMARK NOTICE

All names, images, logos identifying Dodson Motorsport are proprietary marks of Dodson Motorsport. Unauthorised use of any trademark displayed on this site is strictly prohibited.

 

Purchase Order Terms and Conditions;

 

  • 1. Acceptance
  • 2. Delivery
  • 3. Inspection
  • 4. Cumulative Remedies
  • 5. Price and Payment
  • 6. Hazardous Wastes
  • 7. Change Order
  • 8. Termination
  • 9. Warranties
  • 10. Indemnification
  • 11. Confidential Information
  • 12. Insurance
  • 13. Compliance with Law
  • 14. Shipping Terms
  • 15. Taxes
  • 16. Title and Risk of Loss
  • 17. Force Majeure
  • 18. Waiver and Release of Liens
  • 19. Relationship of the Parties
  • 20. Governing Law and Venue
  • 21. Notices
  • 22. Inconsistent Terms
  • 22. Services
  • 23. Survival
  • 24. Severability
  • 25. Miscellaneous
 

1. Acceptance

This purchase order is an offer by the company identified on the face of this purchase order (the "Buyer") for the purchase of the goods (the "Goods") or services (the “Services”) specified, from the party to whom the purchase order is addressed (the "Seller") in accordance with and subject to these terms and conditions (the "Terms"; together with the terms and conditions on the face of the purchase order, the "Order").  This Order will be deemed accepted by the Seller upon the first of the following to occur: (a) Seller making, signing, or delivering to Buyer any letter, form, or other writing or instrument acknowledging acceptance; (b) any performance by Seller under the Order; or (c) the passage of ten (10) days after Seller’s receipt of the Order without written notice to Buyer that Seller does not accept.  This Order, together with any documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the Order and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of the Order, unless a separate overriding written contract has been entered into and signed by the parties. The Order expressly limits Seller's acceptance to the terms of the Order. These Terms expressly exclude any of Seller's terms and conditions of sale or any other document issued by Seller in connection with this Order. 

2. Delivery

Seller shall deliver the Goods and/or perform the Services at the delivery point (the “Deliver Location”), and on the date(s) specified in this Order (the "Delivery Date"). If no delivery date is specified, Seller shall deliver in full within a reasonable time of receipt of the Order. Timely delivery is of the essence. If Seller fails to deliver the Goods or Services in full, on the Delivery Date, Buyer may terminate the Order immediately and Seller shall indemnify Buyer against any losses, damages, and reasonable costs and expenses attributable to Seller's failure to deliver. 

3. Inspection

Buyer reserves the right to inspect the Goods on or after the Delivery Date. Buyer, at its sole option, may reject all or any portion of the Goods if it determines the Goods are defective or nonconforming. If Buyer requires replacement of the Goods, pursuant to Section 4, Seller shall promptly replace the nonconforming Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate this Order for cause pursuant to Section 8. Any inspection or other action by Buyer under this Section shall not affect Seller's obligations under the Order, and Buyer shall have the right to further inspection after Seller takes remedial action. 

4. Cumulative Remedies

The rights and remedies under this Order are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise.  If Seller is in breach of the warranties set out in Section 9, Seller will, at its sole cost, replace or repair the Goods or re-perform Services to Buyer’s satisfaction.

5. Price and Payment

The price of the Goods or Services is the price stated on the face of this Order (the “Price”). Seller shall invoice Buyer for the Order within thirty (30) days of delivery. Unless otherwise stated in the Order, Buyer shall pay all properly invoiced amounts due to Seller within sixty (30) days after receipt of such invoice, except for any amounts disputed by Buyer or other negotiated payment terms.  The parties shall seek to resolve all such disputes expeditiously and in good faith. Seller shall continue performing its obligations under the Order notwithstanding any such dispute.  Without prejudice to any other right or remedy, Buyer reserves the right to set off any amount owing to it by Seller against any amount payable by Buyer to Seller. Payment of an invoice is not evidence or admission that the Goods or Services meet the requirements of the Order.

6. Hazardous Wastes

If at any time Seller generates any hazardous waste(s) on Buyer’s property or site, Seller will immediately notify Buyer and Seller will comply with Buyer’s policies and practices, and any applicable law, regarding management of hazardous wastes.

7. Change Order

Buyer may, from time to time, initiate changes by issuing to Seller written notices (each, a “Change Order”) that alter, add to, or deduct from the Goods or Services, but that are otherwise subject to the Terms of this Order. Seller will promptly comply with the terms of any Change Order.  

8. Termination

Buyer may terminate this Order, in whole or in part, for any reason upon thirty (30) days' prior written notice to Seller. In addition to any remedies provided herein, Buyer may terminate this Order with immediate effect, either before or after acceptance of Goods or Services, if Seller has breached any of the Terms herein. If the Seller becomes insolvent, commences or has commenced by it or against it bankruptcy proceedings, receivership, reorganization or assignment for the benefit of creditors, then the Buyer may terminate this Order. If Buyer terminates the Order for any reason, Seller's sole and exclusive remedy is payment for the Goods or Services received and accepted by Buyer prior to the termination.

9. Warranties

Seller warrants to Buyer that for a period of eighteen (18) months from the Delivery Date, all Goods, Services or Goods furnished in connection with Services will: (a) be new and free from any defects in workmanship, material and design; (b) conform to applicable specifications; (c) be fit for their intended purpose and operate as intended; (d) be free and clear of all liens, security interests or other encumbrances; and (e) not infringe or misappropriate any third party's intellectual property rights. These warranties survive any delivery, inspection, acceptance or payment. These warranties are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer's discovery of the noncompliance. If Buyer gives Seller notice of noncompliance, Seller shall, at its own cost and expense, promptly replace or repair the nonconforming Goods or Services.

10. Indemnification

Seller shall defend, indemnify, and hold harmless Buyer and Buyer's parent company, its subsidiaries, affiliates, successors or assigns and its respective directors, officers, shareholders, and employees (collectively, "Indemnitees") against any and all loss, injury, death, damage, liability, claim, action, judgment, interest, penalty, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder (collectively, "Losses") arising out of or occurring in connection with Seller’s performance of its obligations or Seller's negligence, willful misconduct or breach of the Terms of this Order or possession of the Goods infringes or misappropriates the patent, copyright, trade secret or other intellectual property right of any third party. Seller shall not enter into any settlement without Buyer's or Indemnitee's prior written consent.  

11. Confidential Information

All non-public, confidential or proprietary information of the Buyer, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, pricing, discounts or rebates, disclosed by Buyer to Seller, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the Order is confidential, solely for the use of performing the Order and may not be disclosed or copied unless authorized by Buyer in writing. Upon Buyer's request, Seller shall promptly return all documents and other materials received from Buyer. Buyer shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain; (b) rightfully and legally known to the Seller at the time of disclosure; or (c) rightfully and legally obtained by the Seller on a non-confidential basis from a third party.

12. Insurance

Seller shall, at its own expense, maintain, and carry insurance in full force and effect with financially sound and reputable insurers, which includes: (a) commercial general liability (including product liability) in a sum no less than $1,000,000 for each occurrence and $2,000,000 in the aggregate; (b) workers’ compensation insurance in compliance with the applicable laws of each jurisdiction affected by the Order; (c) if the Seller will use or provide for use of motor vehicles in providing and/or performing the Order, automobile (motor vehicle) insurance covering all liabilities for personal injury and property damage arising from the use of such vehicles, with limits of no less than $1,000,000. Upon Buyer's request, Seller shall provide Buyer with a certificate of insurance evidencing the coverage specified in this Order. 

13. Compliance with Law

Seller warrants and represents to Buyer that it is in compliance with and shall remain in compliance during performance of this Order and ensure that its employees, agents, contractors and subcontractors (the “Personnel”) comply with Buyer’s Supplier Code of Ethics, available on Buyer’s website, and all applicable laws, regulations and ordinances, Occupational Safety and Health Act, Toxic Substances Control Act, and Foreign Corrupt Practices Act. Seller has and shall maintain in effect all the licenses, permissions, authorizations, consents and permits required by law to carry out its obligations under the Order. Seller shall comply with all export and import laws of all countries involved in the sale of Goods under this Order. Seller assumes all responsibility for shipments of Goods requiring any government import clearance.  If Seller fails to comply with the laws, orders, rules, ordinances and regulations and as a result Buyer is fined, Seller agrees to pay the fine and costs incident thereto or reimburse Buyer for payment. To the extent that Seller’s Personnel are required to enter onto Buyer’s site or property, Seller shall ensure that Personnel comply with Buyer’s health, safety and environmental policies and standards.

14. Shipping Terms

Delivery shall be made in accordance with the Terms of this Order.  The Order number must appear on all documents pertaining to the Order, invoices, packing lists, correspondence, and all shipping documents.  Seller shall not substitute material or ship more than the quantity ordered.  Supplier shall be solely responsible for and pay, all costs of delivering the Goods to the Delivery Location, including, without limitation, all shipping and freight costs and all duties, fees, tariffs or similar analogous taxes on imports/exports of the Goods (“Customs Duties”).  Supplier will take all reasonable steps to minimize Customs Duties costs.

15. Taxes

Unless specified otherwise on the face of the Order, the prices are inclusive of, and Seller shall be solely responsible for and pay, all federal, state, and local taxes, including, but not limited to, value added tax, goods and services tax, sales, use or consumption tax.  No sales or use tax shall be added when a valid tax exemption is indicated on the face of this Order by the Buyer.

16. Title and Risk of Loss

Unless otherwise specified in the Order, risk of loss of the Goods remains with Seller and title will not pass to Buyer until the Goods are delivered to and accepted by Buyer at the Delivery Location.

17. Force Majeure

Neither party shall be liable to the other for any delay or failure in performing its obligations under the Order to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, without such party's fault or negligence, and which by its nature could not have been foreseen by such party ("Force Majeure Event"). Force Majeure Events include, but are not limited to, acts of God or the public enemy, government restrictions, floods, fire, earthquakes, explosion, epidemic, war, invasion, terrorist acts, riots, strike, or embargoes. Seller's economic hardship or changes in market conditions are not considered Force Majeure Events. Seller shall use all diligent efforts to end the failure or delay of its performance, ensure that the effects of any Force Majeure Event are minimized and resume performance under the Order. If a Force Majeure Event prevents Seller from performance for a continuous period of more than fifteen (15) business days, Buyer may terminate this Order immediately by giving written notice to Seller.

18. Waiver and Release of Liens

Upon Seller receipt of amounts properly invoiced, Seller waives and releases all rights to, for itself and its subcontractors, and at its sole cost shall obtain prompt removal of any lien fixed against Buyer, for Goods or Services performed under this Order.

19. Relationship of the Parties

The Seller is an independent contractor of Buyer. Nothing contained herein shall be construed as creating any agency, partnership, employment or fiduciary relationship. Neither party shall have authority to bind the other party in any manner whatsoever.

20. Governing Law and Venue

All matters arising out of or relating to this Order shall be governed by and construed in accordance with the internal laws of the state, province or territory identified in the address for the Buyer on the Order, excluding its choice or conflict of law rules.  Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the federal and/or state, provincial or territorial courts in the state, province or territory identified in the address for the Buyer on the Order and the courts of appeal from them.

21. Notices

All notices, consents, claims, demands, waivers and communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the face of this Order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (return receipt requested, postage prepaid). A Notice is effective only upon receipt of the receiving party, and if the party giving the Notice has complied with the requirements of this Section 21.

22. Inconsistent Terms

The terms found on the face of this Order shall govern over the terms and conditions herein.  Any separate written overriding agreement signed by both parties shall govern over the terms of the Order.

22. Services

Any Seller that may perform Services represents itself as qualified and able to perform.  Seller shall perform Services pursuant to the industry standard of care.  Buyer will furnish materials, equipment and machinery only if and to the extent set forth in the Order.  Seller will report immediately to Buyer any event or circumstance which Seller knows or reasonably suspects is, or results from, a violation of Buyer’s policies or law set forth herein.  Seller will, at its sole cost and expense, repair or replace any real or personal property belonging to Buyer that Seller, its employees or agents may damage, destroy or remove while performing or result from performing this Order.

23. Survival

Provisions of this Order which by their nature should apply beyond any termination of this Order will remain in effect for the period expressed within the Section but not longer than a period of two (2) years.

24. Severability

If any term or provision of this Order is found invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of this Order or invalidate or render unenforceable such term in any other jurisdiction.

25. Miscellaneous

Seller shall not assign, transfer, delegate or subcontract any of its rights or obligations under the Order without Buyer’s prior written consent. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment shall relieve the Seller of any of its obligations hereunder. No modification, alteration or amendment of the Order shall be binding unless agreed to in writing and signed by Buyer.  No waiver by any party of any of the provisions of the Order shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Order by Buyer shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or privilege hereunder preclude any other exercise of any additional right, remedy, or privilege.