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- Terms & Conditions
Terms & Conditions
The ESStuning.com Web Site (hereafter known as the “Site”) is an online commerce site provided by ESS Performance Products USA, Inc. (“hereafter known as ESS Tuning“), and is subject to your compliance with the terms and conditions set forth below:
- All prices are shown in U.S currency (unless otherwise selected).
- Prices and specifications are subject to change without prior notice.
- All prices are net export and do not include Shipping and/or Handling.
- Shipping and/or Handling will be calculated automatically by the Site’s checkout system.
ORDER FULFILLMENT AND SHIPPING:
- Most orders ship within 24-48 business hours from our warehouse located in Chandler, AZ.
- If an order is not in stock, a member of our fulfillment team will contact you within 48 business hours with an estimated ship date.
- All orders are subject to random further verification, a member of our verification department may contact you via email requesting a signed invoice
- ESS Tuning can ship to virtually any address in the world. Please note that there are restrictions on some products, and some products cannot be shipped to some international destinations.
- Orders are typically shipped using FedEx and DHL
- To prevent fraud, the shipping address must match the billing address or PayPal verified address.
- When the shipping address is different from the billing address, your order may be subject to further verification delays.
- All packages will be shipped with a signature requirement as per our company policy. You can contact the shipping service once the package has left our facility to confirm estimated delivery time.
- Special arrangements need to be made with our fulfillment staff for ESS Tuning to ship to an APO or PO box. Please contact email@example.com for further instructions.
FOR OUR CUSTOMERS OUTSIDE THE USA:
ESS Tuning regularly ships to countries all over the world. However, all applicable taxes, fees, duties, and customs costs not applied by ESS are the sole responsibility of the customer.
- Sales are prepaid by Credit/Debit card, PayPal, or bank/wire transfer.
- ESS Tuning accepts Visa MasterCard, Diner’s Club, and American Express.
- All goods remain property of ESS Tuning until full payment is received.
- Deposits may be required on special orders.
ESS Tuning is proud to produce the highest-quality products for our customers. However, in the situation where a product must be returned, ESS Tuning, at its option, may offer an exchange or refund. The following process must be followed as ESS Tuning products returned without the following process below will be refused or returned without refund or exchange:
- ESS Tuning cannot accept unauthorized returns. All returned products must be authorized in advance by contacting ESS Tuning and obtaining a Return Merchandise Authorization (RMA) number.
- The RMA number must be clearly marked on the outside of the return packaging.
- Returned products must be in a clean, unused, original condition, packed in the original packaging, and received at ESS Tuning within 30 days of sale date. Customer is responsible for cost of return shipping.
- Returned items will be inspected before a refund is issued.
- Performance ECU Software sale are final after 14 days of delivery.
- ECU Software for used, custom, or non-ESS Tuning supercharger systems is non-refundable.
- All sales of parts and software are FINAL on orders for used, custom, or non-ESS Tuning supercharger systems.
- Special Order merchandise cannot be accepted for refund or exchange.
- Original shipping costs are non-refundable.
- Exchanges are subject to availability of suitable product.
- A 20% restocking fee will be deducted from all refunds, except in the case of error by ESS Tuning.
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
- It is the customer’s sole responsibility to verify the condition of received products upon final delivery.
- If an ESS Tuning package appears damaged on arrival, the customer must document this condition over your signature on the shipper’s receipt.
- If damage is discovered after opening the package, notify the shipping carrier immediately. ESS Tuning takes extra precautions to protect and pack products for safe arrival. Claims for damage must be directed to the shipping carrier, not to ESS Tuning.
- All damaged parts, missing or wrong parts or lost parts must be reported to ESS no more than 10 calendar days following the date of delivery.
ESS Tuning products are built from the highest quality materials and parts and, therefore, we offer a specific limited guarantee/warranty on all of our products as follows:
- All products are warranted for 24 months, unlimited mileage, for the original purchaser unless otherwise noted.Please refer to our warranty page for additional information.
- All ECUs must be in stock form before any ESS tuning is applied.
- This warranty is void for any products used for race competition or track events.
- This warranty is void for any products that are subject to abuse, misuse, faulty installation, alteration, acts of God, or are used in any way other than in the prescribed manner.
- Customer shall notify ESS within 10 days of any defect discovery.
- All stated horsepower/torque ratings are determined by a load-cell DynoJet type dynamometer and this is the only model of output numbers we will accept when diagnosing performance issues.
- Any merchandise determined to be defective must follow the product return policy stated above.
- ESS Tuning, at our discretion, will replace or repair defective parts and we reserve the right to withhold replacement parts until defective parts have been examined and tested.
ACCEPTABLE PRODUCT USE:
- It is the sole responsibility of the customer to adhere to and comply with all applicable federal, state, and local regulations. ESS Tuning does not condone, support, or recommend any customer’s actions outside of legal vehicle operation.
- As ESS Tuning’s performance-enhancing products are, by nature, designed to improve the performance of the vehicle they are intended for, this may exceed the intentions of the original manufacturer. The customer assumes all liability, risk, and responsibility for the vehicle itself excluding the ESS Tuning product(s) themselves.
- ESS Tuning makes every effort to equal or exceed the manufacturer’s emission quality standards, however, the customer is responsible for ensuring the vehicle meets local emissions requirements.
- ESS Tuning is not responsible for any customer’s financial, physical, mental, use, or other losses, tangible or perceived, that may occur from use or ownership of our products.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. ESS TUNING MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses, and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ESS TUNING, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ESS TUNING a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as comments and forums) or by e-mail to ESS TUNING by all means and in any media now known or hereafter developed. You also grant to ESS TUNING the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ESS TUNING for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ESS TUNING.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of ESS TUNING. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by ESS TUNING, ESS TUNING does not operate, control or endorse any information, products or services on the Internet in any way. Except for ESS TUNING- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with ESS TUNING. You also understand that ESS TUNING cannot, and does not guarantee or warrant, that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ESS TUNING PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ESS TUNING SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ESS TUNING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ESS TUNING HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ESS TUNING BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ESS TUNING OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ESS TUNING LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ESS TUNING makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ESS TUNING web site, please understand that it is independent from ESS TUNING, and that ESS TUNING has no control over the content on that web site. In addition, a link to the ESS TUNING web site does not mean that ESS TUNING endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless ESS TUNING, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of ESS TUNING and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between ESS TUNING and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ESS TUNING’s failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. ESS TUNING may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Questions should be sent to firstname.lastname@example.org.