MOTION CONTROL SUSPENSION TERMS & CONDITIONS
These Terms and Conditions (“Agreement”) are applicable to any Purchaser of Motion Control Suspension, LLC (“MCS” or “Motion Control Suspension”) products and/or damper systems. Transactions with Motion Control Suspension or any of its Dealers are subject to these Terms and Conditions. By placing an order for, taking delivery of or operating any vehicle equipped with Motion Control Suspension products or damper systems, the Purchaser and Consumer unconditionally accepts the terms and conditions of this Agreement.
These Terms and Conditions of Use constitute the sole record of agreement between Purchaser and Motion Control Suspension in relation to Purchaser’s use of MCS website. Neither Purchaser nor MCS shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated, this agreement supersedes and replaces all prior commitments, undertakings and representations, whether written or oral, between Purchaser and MCS in respect to Purchaser’s use of this site.
Purchaser agrees to indemnify, defend and hold Motion Control Suspension, our parent companies, subsidiaries, business partners, affiliates, officers, directors, employees, agents, attorneys and all others acting on MCS behalf, harmless from any liability, loss, damage, claim, demand and expense, including reasonable legal fees, asserted by any third party relating in any way to Purchaser’s use of this website or breach of these Terms and Conditions of Use.
Purchaser shall indemnify us against any claims for compensation asserted against us by a third party which originate within the Purchaser’s realm of responsibility.
PURCHASING AND PRICING
Motion Control Suspension does not sell direct to the Consumer. All Motion Control Suspension damper systems are sold through authorized Motion Control Suspension dealers only.
Where goods purchased by the Buyer are alleged to be defective, the Purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The Purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the Purchaser shall no longer be warranted by the manufacturer nor shall Motion Control Suspension be liable for any failures resulting subsequent to modification as a result of such modification.
Any suggestions, advice or recommendations provided by Motion Control Suspension or any of its employees is strictly constructed from the information given by the Purchaser or Consumer and shall be considered opinion only and taken as such. Motion Control Suspension is not liable or responsible for inspecting and/or confirming this information. Any such suggestions, advice or recommendations provided by Motion Control Suspension or any of it’s employees shall be considered as an opinion only and Motion Control Suspension shall not be held liable for any damages, injuries or deaths as outlined below in the section titled “RISK OF DAMAGE, INJURY OR DEATH”.
RISK OF DAMAGE, INJURY OR DEATH
High performance driving events (HPDE), auto-crossing, racing, Motorsports and high speed driving are dangerous activities and accidents may lead to damage, injury and/or death. Motion Control Suspension is not liable for any damages, injuries or deaths related to these activities.
WARRANTY CONDITIONS AND LIMITATIONS
Motion Control Suspension warranties its products to the original retail Purchaser and/or Consumer against defects in workmanship, quality control and materials from the original date of purchase on all MCS 1WNR, 2WNR, 2WR and 3WR damper systems.
Warranties are honored at the discretion of Motion Control Suspension and may not be honored upon inspection and indication of signs of improper installation, collision, modification or product abuse or misuse.
OBLIGATION OF CLAIMS
Motion Control Suspension’s obligation is limited to the repair or replacement of Motion Control Suspension products only. Motion Control Suspension and it’s employees are not obligated or responsible for the costs associated with removal, replacement and/or shipping of Motion Control Suspension products for any purposes, including for warranty purposes.
Furthermore, Motion Control Suspension is not obligated to compensate for damages incurred to a vehicle, person or property under any circumstances.
RESOLUTION OF DISPUTE AND JURISDICTION
These terms and this agreement (including an agreement concluded by means of distant communication) shall be interpreted in accordance with Georgia law. Purchaser agrees that Forsyth County, Georgia is the sole and exclusive jurisdiction for resolutions of all disputes between said Purchaser and Motion Control Suspension. It is the intent of the parties to this agreement to negotiate in good faith and to make every reasonable effort to fairly resolve any disputes arising under these terms. Each party does hereby agree to attempt to negotiate a resolution of any dispute. In the event the parties are unable to resolve any dispute by negotiations, the parties agree to submit the dispute to non-binding mediation. In the event mediation does not resolve the dispute the parties agree to submit the matter to arbitration to be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the Georgia Arbitration Act or such other rules and procedures agreed upon by the parties. Each party will bear its own expense including its attorney’s fees for any arbitration that may be necessary. The judgment of the arbitrators and the aware of the arbitrators may be submitted to a court of competent jurisdiction in Forsyth County, Georgia, for approval and enforcement.