Consumer Terms of Sale - Please read carefully!

This information applies to all purchases made via the PerformanceLifts.com website, over the phone, through our eBay and Amazon store, or in person.

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.

NOTE: These U.S. Consumer Terms of Sale apply to direct purchases made from PerformanceLifts.com by phone, in person and via the internet. These Terms of Sale ("Agreement") apply to your purchase of products from us. By placing your order for Product, you accept and are bound to the terms of this Agreement. If you have placed an order but do not wish to be subject to these Terms of Sale, you must promptly cancel your order before it is shipped. Once an order has shipped you are bound by the terms of this Agreement. This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and PerformanceLifts.com. If you do not receive an invoice or acknowledgement in the mail, via email, or with your Product, information about your purchase may be obtained by contacting us by telephone at (949) 629-3018 or by e-mailing sales@performancelifts.com.

Payment Terms: Terms of payment are within PerformanceLifts.com's sole discretion and unless otherwise agreed to by PerformanceLifts.com. Payment for an invoice does not guarantee acceptance or shipment of an order. Payment for the products will be made by credit card, PayPal, bank wire transfer, cash or some other prearranged payment method. Payment is due within the time period noted on your invoice, measured from the date of the invoice. PerformanceLifts.com may invoice parts of an order separately. Your order is subject to cancellation by PerformanceLifts.com, in PerformanceLifts.com's sole discretion. PerformanceLifts.com is not responsible for pricing, typographical or other errors in any offer by PerformanceLifts.com and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date unless otherwise agreed to by PerformanceLifts.com. PerformanceLifts.com may revise and discontinue the sale of Product at any time without notice to you and this may affect information saved in your online "cart."

Shipping Information: Title to products passes from PerformanceLifts.com to Customer upon shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by PerformanceLifts.com is PerformanceLifts.com's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify PerformanceLifts.com within 5 business days of the date of receipt of your order if you believe any part of your purchase is wrong, missing, or damaged. YShipping and delivery dates are only estimates and not guaratnees.

Additional Charges: Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. You are responsible for sales and other taxes associated with the order.

Warranties: PerformanceLifts.com does not provide any warranty coverage for any item you purchase. Most, but not all, products we sell come with a manufacturers warranty. If you would like information about a specific products warranty please contact the manufacturer of that product to determine what, if any, warranty coverage the product may have. 

Return / Exchange Policy: The PerformanceLifts.com return policy can be found at http://performancelifts.com/customer-service/#answer3 and by placing your order you agree to those terms. Note that under the terms of the Return Policy, not all Products may be returned. You must contact us directly before you attempt to return qualifying Product to obtain a Return Material Authorization Number (RMA) for you to include with your return. You must return qualifying Product to us in its original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees, including up to a 15% restocking fee, may apply. If you fail to follow the return or exchange instructions and policies provided by PerformanceLifts.com, PerformanceLifts.com is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At PerformanceLifts.com's discretion, credit for partial returns will be less than the original invoice.

Telephone Communications: Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for nontelemarketing communications, via text message or telephone.

Limitation of Liability: PERFORMANCELIFTS.COM DOES NOT ACCEPT ANY LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR LOSS OF INCOME. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PERFORMANCELIFTS.COM WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, PERFORMANCELIFTS.COM IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

Governing Law: THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND PERFORMANCELIFTS.COM arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, PerformanceLifts.com's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW.

Dispute Resolution and Binding Arbitration: YOU AND PERFORMANCELIFTS.COM ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND PERFORMANCELIFTS.COM, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively "PerformanceLifts.com") arising from or relating in any way to your purchase of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), PerformanceLifts.com's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid.