Boost Controlled Performance Terms & Conditions
WARRANTIES: Unless otherwise noted, Boost Controlled Performance does not offer any warranties, express or implied, and all parts sold via Boost Controlled Performance, boostcontrollperformance.com, and it’s representatives are sold “as-is” and “with all faults”.
RETURNS: Returns are limited to items that are new and in original packaging. Items that are used will not be eligible for return. Items that are not returnable include but are not limited to: Special order items, Engines, transmission parts, Clothing, Tires, and Fluids. Client will be responsible for shipping and shipping cost on returnable items to Boost Controlled Performance.
RECITALS: This Agreement is executed and given with reference to the following facts: (a) Boost Controlled Performance is in the field of high performance, repairs, calibrations, automotive engines, and components. (b) Boost Controlled Performance modifies, repairs, replaces, and installs performance equipment, and parts on client vehicles (“Services”); (c) Client would like Boost Controlled Performance to perform Services on the Car, which may include testing, fitting, disassembly, reassembly, addition of parts, removal of parts, and calibrations which could potentially result in damage to client’s vehicle. (d) Client is aware of the risks involved and has opted to allow his vehicle to be used as described above and releases “Boost Controlled Performance” and any of its affiliates of all claims for damages, liability, or bodily injuries including death.
COVENANTS: The Client, for himself and any personal representatives, heirs and assigns, and next of kin hereby acknowledges, agrees and represents as follows: (a) Boost Controlled Performance has fully advised Client that the vehicle is a factory/stock vehicle, and not manufactured or intended for the rigors and stresses of the requested Services; (b) the Services by their nature will cause accelerated wear, and potential parts complications including but limited to full component, engine, or driveline failure; (c) Boost Controlled Performance cannot estimate or otherwise make any representation or warranty about the duration or effect of the Services will have on the any other components; (d) gasoline content and quality will vary from pump to pump and presents a constant and regular issue to the nature and quality of the Services; (e) Client bears the sole responsibility for his/her own safety and participation with high performance cars and in racing or regular daily driving; (f) Client has sufficient expertise to conduct a professional quality inspection of any service and will do so before and after each use; (g) Boost Controlled Performance has fully advised Client that it is not responsible for any damage to the vehicle of any nature or circumstance whether during or after installation and/or testing.
INDEMITY: The Client, heirs, agents and/or assignees shall indemnify, defend, and hold Boost Controlled Performance, any of its officers, directors, shareholders, managers, members, employees, partners, affiliates, agents, attorneys, registered representatives and control persons of any entity, harmless from and against any and all pending, threatened, future, or completed action, suit or proceeding whether civil, administrative, or investigative, in law or equity, and the liability, loss, damages, claims, causes of action and expenses associated therewith (including without limitation, attorney’s fees) caused or asserted to have been caused, directly or indirectly, by or as a result any acts, claims, operation, design, maintenance, use of facilities, equipment, or activity or obligation arising out of, or related to the Services, Transport, Storage, or Testing, Client vehicle, and Boost Controlled Performance facilities, products, and equipment to the fullest extent authorized by law. The undersigned acknowledges the duty to defend any claim or suit is separate and apart from any indemnity agreement and that it shall defend any and all claims or actions against Boost Controlled Performance as allowed to the fullest extent of Michigan Law.
RELEASE OF LIABILITY: The Client hereby assumes full responsibility and risk of bodily injury, death or property damage caused in part or as a whole by any circumstances that may be the fault of Boost Controlled Performance or any of its affiliates, employees, etc. or any other aspect that refers, relates, or arises in connection with the services on the vehicle. The client understands that all services performed by Boost Controlled Performance are to be tested by the Client in a controlled environment and are not meant for regular everyday applications and commutes.
COMPLIANCE OF LAWS: The Client is responsible to make sure the vehicle is compliant by all state and federal laws, specifically environmental laws. In the event that any law is broken, regardless of the circumstances, the Client will hold harmless Boost Controlled Performance and its affiliates and accept responsibility. This is including, but not limited to the Clean Air Act, CARB regulations, and any other standard set by the Environmental Protection Agency or the laws by any State or the Federal Government.
|Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Michigan or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Automotive Performance Repair and Diagnosis and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a|
|competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.|
IN NO EVENT WILL BOOST CONTROLLED PERFORMANCEOR ITS AGENTS, EMPLOYEES, OFFICERS, RELATED ENTITIES OR SUCCESSORS BE LIABLE
TO CLIENT OR ANY THIRD PARTY FOR DAMAGES INCLUDING DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSQUENTIAL OR OTHER
TYPE OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR THE PROVISION OF SERVICES, PRODUCTS, BY BOOST CONTROLLED PERFORMANCE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING DEATH), LOST PROFITS, LOSS OF CONSORTIUM, OR FRUSTRATION OF EXPECTATIONS, WHETHER ARISING OUT OF BOOST CONTROLLED PERFORMANCE’S BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF BOOST CONTROLLED PERFORMANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AVAILABLE TO CLIENT). CLIENT ACKNOWLEDGES THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK.