This Product Purchase Agreement (“Agreement”) is entered into by and between the purchaser, the installer and/or the user (collectively, “You” or “Purchaser”) and Goodwin Performance and its respective directors, officers, employees, and agents (collectively, “Goodwin performance”). In consideration of Purchaser’s purchase, installation and/or use (collectively, the “Purchase”) of Goodwin performance services and products (collectively, “Product”), and the promises and obligations
herein, and intending to be legally bound, Purchaser and Goodwin performance hereby agree as follows:
Purchaser’s Purchase of Goodwin Performance Product is subject to this Agreement, as well as any modifications issued by Goodwin performance to
this Agreement, and all applicable laws and regulations. BY PURCHASING Goodwin Performance , YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THIS
AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. If you do not want to be bound by this Agreement, do not Purchase Goodwin Performance.
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCT FROM Goodwin Performance. READ IT CAREFULLY. NO OTHER TERMS OR CONDITIONS APPLY. BY PLACING AN ORDER AND ACCEPTING PRODUCT YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Orders may be placed by phone, website, fax or email. Please use catalog numbers and quantities so we may serve you in an efficient manner. When sending packages to Goodwin Performance for performance work, all packages must be accompanied by our service form. Download PDF
We accept Visa, Mastercard, Discover & American Express, Money order & certified check. There is a $11.00 charge for all COD shipments. personal check are subject to our approval. All check returned from bank will be charges $25.00 and that account will be placed on a cashier’s check/money order only basis.
Goodwin Performance directs the Purchaser to fully examine each enclosed product carefully prior to installation. The sole warranty is that products offered by Goodwin Performance will be free from manufacturing defects at the time of delivery, and prior to installation. All claims for relief under this warranty must be made in writing or via email (sales@goodwinperformance) within seventy-two (72) hours of receipt of defective Product. Returns must be made ten (10) days of receipt
of Product. Goodwin Performance maintains sole discretion to reject Product for return if it determines that returned Product shows evidence of installation or modification.
All Products returned to Goodwin Performance are for EXCHANGE or IN STORE CREDIT ONLY and must be accompanied by a copy of the original invoice to be considered for credit. In store credits must be used within 12 months. Products returned without a copy of the original invoice will be refused. Unmodified Products judged by Goodwin Performance to be defective will be repaired, replaced or have the purchase price refunded at the sole discretion of Goodwin Performance.
Any non-defective Product returned to Goodwin Performance for in store credit must be in salable condition and will be assessed a twenty percent (20%) restocking fee. Electronic, custom or special orders are not returnable or refundable. Purchaser shall be responsible for and prepay all return freight and other shipping charges and shall assume all risk of loss or damage to Product while in transit to the return address of Goodwin Performance. No returns will be accepted after ten (10) days from original shipment, without exception. In the event that the wrong parts were shipped, return item freight paid. We will allow credit for return shipping but not to exceed our original invoice shipping charge.
Occasionally, Goodwin Performance will temporarily be out of stock on an item. In these cases, partial shipments will be made and the back ordered item shipped at a later date, unless complete shipment is requested. The Purchaser will be notified of unexpected delays. Purchaser’s credit card will not be charged until the order is shipped.
Please call (847) 872-4001 to speak with our friendly and knowledgeable representatives who are on duty from 8am to 5pm CST , Monday through Friday. Goodwin Performance representatives can also answer any questions you have about Product specifications or installation. But remember, proper installation and safe use of Goodwin Performance Products is the sole responsibility of the Purchaser. Goodwin performance ‘s employees’ or representatives’ oral or other written statements do not constitute warranties, shall not be relied upon by Purchaser, and are not a part of the contract for sale or this limited warranty. If a representative is unavailable, you can leave a message and your call will be returned promptly. We can be reached on the internet at www.goodwinperformance.com or via email at email@example.com
Goodwin Performance reserves the unconditional right to change the design, materials, specifications and suppliers of any Product offered by Goodwin Performance without incurring any liability or obligation to the past, present or future Purchasers of any such product.
Goodwin Performance and its affiliates attempt to be as accurate as possible. However, Goodwin Performance does not warrant that Product descriptions or other content of any media placement related to their Products, including, but not limited to, print advertisements and the goodwinperformance.com website, are accurate, complete, reliable, current, or error-free. If a Product offered by any Goodwin Performance media placements is not as described, Purchaser’s sole remedy is to return it in unused condition.
All prices displayed in Goodwin performance media placements are quoted in U.S. dollars. Goodwin Performance may restrict delivery to addresses within the United States. Goodwin performance will add shipping and handling fees and applicable sales/use tax. Goodwin performance is licensed in the state of Illinois to collect and remit sales tax. It remains the responsibility of the Purchaser to pay all applicable sales and/or use taxes in any other state, country, and/or province. Goodwin Performance reserves the right without prior notice to discontinue or change specifications and prices on Products offered in any Goodwin Performance media placement without incurring any obligation to the Purchaser. Products displayed in any Goodwin Performance media placement are available while supplies last. Descriptions of, or references to, Products in any Goodwin Performance media placement do not imply endorsement of that Product or constitute a warranty by Goodwin Performance.
In the event that a Product is listed at an incorrect price due to supplier pricing information or typographical error, Goodwin Performance shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed and the Purchaser’s credit card charged. If the Purchaser’s credit card has already been charged for the purchase and the Purchaser’s order is canceled, Goodwin Performance shall promptly issue a credit to the Purchaser’s credit card account in the amount of the incorrect price. Special orders may be subject to non-cancellation, non-refund provisions.
Goodwin Performance are specialty aftermarket performance Products intended to modify or prepare a vehicle for uses which exceed conditions anticipated by the vehicle manufacturer. Purchasers of performance Product are warned that these products are for race competitive or performance use only and special warranty provisions apply.
Legality of Product
Some of Goodwin Performance products have been designed for race competitive applications only. Installation on a vehicle intended for use on public roads may violate U.S., Canadian, state or provincial laws and regulations or the laws of other countries or jurisdictions, including laws and regulations related to emissions and vehicle safety standards. In addition, installation of Goodwin performance on a vehicle may adversely affect the warranty coverage of that vehicle. Goodwin Performance makes no representation as to the legality of any Products in various countries, states or provinces. The Purchaser accepts all responsibility for the final use of Product and shall hold Goodwin Performance harmless in any legal proceeding arising from the use of such Product.
Product Disclaimer Warranty
Products offered by Goodwin Performance plus are intended for race competitive or performance use only, and are therefore sold “as is” without any warranty whatsoever. Implied warranties, including warranties of merchantability or fitness for any particular application or purpose, are expressly excluded. It is Purchaser’s sole responsibility to determine the suitability of Goodwin Performance for any application. Goodwin Performance hereby disclaims and excludes any and all warranties for Product offered herein pursuant to section 2316 of the Uniform Commercial Code. Purchaser bears the entire risk as related to quality and performance of Goodwin Performance . Should Product prove defective after Purchase, Purchaser, NOT Goodwin Performance, assumes the entire cost of any servicing or repair. Purchaser, NOT Goodwin Performance, assumes any and all risks arising out of or in connection with the use of Goodwin Performance Products, including, without limitation, the risks of death, paralysis or any bodily injury, disability and/or loss or property damage whatsoever, wheresoever and howsoever caused, including, but not limited to, defects, normal wear or negligence, lack of maintenance, accident, abnormal operation, or improper installation or service, collision between a vehicle and another vehicle, person or stationary object, skidding, overturning, sudden stops, braking or acceleration, any Act of God, fire or explosion; or the negligent or deliberate act of another person. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, MADE REGARDING THE SAFETY OF GOODWIN PERFORMANCE PLUS PRODUCTS. PURCHASER BEARS THE ENTIRE RISK AS TO THE QUALITY OR PERFORMANCE OF PRODUCT.
Limitation of Liability
THE LIABILITY OF GOODWIN PERFORMANCE PLUS SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, GOODWIN PERFORMANCE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT PROVIDED BY GOODWIN PERFORMANCE, EVEN IF GOODWIN PERFORMANCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Purchaser agrees to indemnify, defend, and hold harmless Goodwin Performance from and against all claims, losses, damages, liabilities, and costs (including, but not limited to, reasonable attorneys’ fees and court costs), arising out of or relating to the Purchase of any Goodwin Performance Product.
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional documents or terms that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product which is subject to additional or altered terms and conditions shall be null and void.
The receipt by you of an order confirmation does not constitute acceptance of an order by Goodwin Performance. Prior to acceptance of an order by Goodwin Performance , verification of information may be required. Goodwin Performance reserves the right at any time after receipt of Purchaser’s
order to accept or decline the order, or any portion thereof, even after your receipt of an order confirmation from Goodwin Performance , for any reason. Goodwin Performance reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. BY PLACING AN ORDER, THE PURCHASER ACKNOWLEDGES AND ACCEPTS THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING ACKNOWLEDGEMENT OF THE WARNING AND DANGERS INHERENT IN THE INSTALLATION AND USE OF PRODUCT ORDERED. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE CANCEL YOUR ORDER, OR DO NOT PLACE AN ORDER.
Legal Implications/OEM Warranty Implications
Because U.S., Canadian, state or provincial laws and regulations, or the laws and regulations of other countries and jurisdictions may prohibit removal or modification of components that were installed by the Original Equipment Manufacturers (OEMs) to meet emission requirements or to comply with motor vehicle safety regulations applicable to vehicles manufactured for use on public roads, vehicles equipped with Goodwin Performance Products are not to be operated on public roads, and Goodwin Performance offers such Products for race competitive or performance use only. GOODWIN
PERFORMANCE PRODUCTS ARE INTENDED FOR RACE APPLICATION ONLY. Installation on a vehicle intended for use on public roads may violate U.S., Canadian,
state or provincial laws and regulations, or the laws and regulations of other countries or jurisdictions, including laws and regulations relating to emission requirements and motor vehicle safety standards. In California, certain Products may legally be used on a racing vehicle which will never be operated on public roads. In addition, installation of Goodwin Performance Products may adversely affect the warranty coverage on the Purchaser’s vehicle. Other local, state, provincial, territorial,
or international laws may apply to the use of these Products. Please check applicable laws before Purchasing Goodwin Performance Products.
Goodwin Performance makes no representation as to the legality of any Products in various states, provinces, countries or other jurisdictions, except where noted. The Purchaser accepts all responsibility for the final use of Goodwin Performance Products and shall hold Goodwin Performance harmless in any legal proceeding arising from the use of such Products. Adherence to federal, state and local laws is the sole responsibility of the Purchaser. Goodwin Performance assumes no responsibility for any voided OEM warranties.
Third Party Product Disclaimer
All products manufactured by another manufacturer are warranted to the extent of such warranty offered by that manufacturer. Products not manufactured by Goodwin Performance have no Goodwin Performance warranty.
The installation instructions (if provided) for Goodwin Performance Products are furnished solely as a matter of convenience to the Purchaser and should be regarded merely as suggestions to an otherwise proficient and experienced technician. Disassembly and assembly of vehicles can be dangerous and should always be conducted in accordance with procedures set forth in the OEM service manuals. Furthermore, performance of Products may be affected by the manner in which the Products are used, serviced or installed. Purchasers of such products must rely on their own judgment as to the suitable use, service and installation of such Products.
Proper installation and safe use of Goodwin performance Products is the sole responsibility of the Purchaser. As part of the consideration for purchasing any Product of Goodwin Performance , the Purchaser takes such Product “as is” and subject to all the provisions of this disclaimer and limitation of liability and damages.
Purchaser agrees to indemnify, defend, and hold harmless Goodwin Performance from any claim, action or demand arising out of or incident to the installation or use of Products purchased from Goodwin Performance by any Purchaser.
This Product Purchase Agreement, document states the entire obligation of Goodwin Performance with respect to its Products. If any part of this agreement is determined to be void, invalid, unenforceable or illegal, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect. This entire agreement, in whole and in part, including warranty provisions, shall be governed by Illinois law to the extent allowed. Interpretation of the terms of this agreement must be done using Illinois law.