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Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Dial-A-Clutch.com.The collective work includes works that are licensed to Dial-A-Clutch.com Copyright 2009-2012, Dial-A-Clutch.com. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Dial-A-Clutch.com or purchasing Dial-A-Clutch.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Dial-A-Clutch.com or to purchase Dial-A-Clutch.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Dial-A-Clutch.com .You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of World Wide Web Solutions Inc. (Dial-A-Clutch.com ) used in the site are trademarks or registered trademarks of World Wide Web Solutions Inc.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Dial-A-Clutch.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Dial-A-Clutch.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.Dial-A-Clutch.com does not make any warranty or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.


Limitation of Liability
Dial-A-Clutch.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Dial-A-Clutch.com has been advised of the possibility of such damages. Dial-A-Clutch.com Liability is limited to the cost of the part paid by the customer and is not liable for labor.


Typographical Errors
In the event that a Dial-A-Clutch.com product is mistakenly listed at an incorrect price. Dial-A-Clutch.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Dial-A-Clutch.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Dial-A-Clutch.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Dial-A-Clutch.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Dial-A-Clutch.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Dial-A-Clutch.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Dial-A-Clutch.com products) shall be in the state or federal courts located in Palm Beach County, Florida. Dial-A-Clutch.com has the right to substitute the brand of clutches and Accessories any customer orders to another brand of equal or greater quality. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Dial-A-Clutch.com products) must be commenced within sixty days after the claim or cause of action arises. Dial-A-Clutch.com failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Dial-A-Clutch.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Dial-A-Clutch.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Dial-A-Clutch.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Dial-A-Clutch.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Dial-A-Clutch.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Dial-A-Clutch.com in its sole discretion.


Product Warranty & Return Policy & Cancellations


All sales are final and returns aren't accepted. Unauthorized returns will not be accepted and no credit will be provided. All Sales are final with 3 exceptions: 1)Returns are only accepted for incorrect parts (must be our error). 2) Manufacturer approved warranty claims. 3) Damaged parts by UPS as long as customer adheres to receiving policy as noted below. We may request a picture of the damaged part(s) prior to issuing a return authorization number. Parts will be damaged if dropped and are not returnable. Parts damaged during installation aren't returnable. The company has the option to allow an exchange and the customer agrees that shipping charges will not be reimbursed and will pay a restocking fee of 25% with a minimum restocking fee of $25. Returns must be pre-approved and authorized and customer must adhere to return policies procedures. Unauthorized returns will not be accepted and no credit will be provided. Orders are shipped UPS, normally the same day (if order is received by 3PM EST) or the next business day . Customer will be notified if an item isn't available. If a customer chooses 3 day select or 2nd day air as a shipping option, the company has the right to ship from alternative warehouses to get the customers product to them within the time frame selected by the customer. The company is not obligated to ship by the method selected by the customer but is liable to meet the time frame selected and paid for by the customer.

Stock replacement clutch kits come with the manufacturers warranty to be free from defective workmanship and design for 12 months from date of purchase and must be used for its intended application. If a customer uses the clutch for an application it wasn't intended for, the clutch is sold without any warranty. All clutch kits are cataloged and sold based on original equipment vehicle specifications. If a customers vehicle has been changed from the original design (engine and or transmission), clutches are sold without any warranty and it's the customers responsibility if the clutch isn't correct and the company will not accept the clutch to be returned. All heavy duty clutch upgrades (dual friction) are sold without any warranty. If you think you have a defective part and would like to return it as a warrantied item, it's your responsibility and expense to return the part to be inspected. All parts must be returned, not just the defective component. If you purchase a solid flywheel kit that includes a flywheel and clutch kit, the complete clutch kit and flywheel must be returned per the manufacturers return policy or the manufacturer will reject the defective part being returned and no credit will be given. The manufacturer will determine if a part is defective. If a part is determined to be defective by the manufacturer, the part will be replaced and no refunds are provided. Dial-A-Clutch.com liability is limited to replacing the part only (not shipping charges). You must first get an authorization number and send the part back to the companies warehouse, as designated by the return authorization. Please contact the sale office for the correct address for returns. Parts sent to the sales office or wrong location will not be accepted and no credit will be provided. LuK Pro Gold Clutch kits, all solid flywheel conversion kits, come with a 90 day warranty to be free from defective workmanship and design from the date of purchase. All clutch accessories ( master and slave cylinders, stock replacement flywheels, clutch forks ) come with a 60 day warranty to be free from defective workmanship and design from the date of purchase whether purchased alone or with or within another kit. Wear & Tear is not covered under the manufacturers warranty. If a customer cancels an order after it has been processed but not shipped, the cancellation is subject to a 10% cancellation fee for processing. Automatic Transmission Parts & Sports Clutches (ACT, Exedy and Stage 1,2 &3 clutch kits) and original equipment quality clutches purchased and installed into applications (vehicle, year, make, model, engine, transmission) the clutch isn't intended for (wrong application or changes from the original vehicle design) are sold without any warranty and it's the customers liability. All parts are inspected prior to being shipped. All orders must be inspected prior to installation and the customer has 10 days from the date of shipment to notify the company about any shortages, incorrect parts (must be our error), or damaged parts. If a customer installs an incorrect or damaged part, no credit will be given. A damaged box indicates possibly damaged parts and it's the customers responsibility to refuse the delivery from UPS or receive the box as damaged (from UPS, UPS will note it as damaged with your signature), in case the parts are damaged. Once an order is shipped, it is no longer our (Dial-A-Clutch.com) liability or responsibility.


Indemnification
You agree to indemnify, defend, and hold harmless Dial-A-Clutch.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Dial-A-Clutch.com may link to sites operated by third parties. However, even if the third party is affiliated with Dial-A-Clutch.com,Dial-A-Clutch.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Dial-A-Clutch.com . These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Dial-A-Clutch.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).