A brand of Racing Force Group

TERMS AND CONDITIONS

Terms Sales

Racing Force USA, Inc. Terms & Conditions

By placing an order for OMP Racing products, sold, and distributed by Racing Force USA, Inc., you acknowledge that you have read, accepted, and agreed to be bound by these Terms and Conditions and to comply with all applicable laws and regulations including U.S. export and re-export control laws and regulations. These Terms and Conditions apply unless you have signed a separate purchase agreement with Racing Force USA, Inc.

This Agreement contains the Terms and Conditions that apply to your purchase(s) from Racing Force USA, Inc, a Florida corporation (operating as OMP Racing), including products and accessories (collectively the “Products”), sold in the United States under the OMP brand. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you. These Terms and Conditions are subject to modification without prior written notice at any time in Racing Force USA, Inc sole discretion. This contract was last revised on June 1, 2021.

The Terms and Conditions of this Agreement shall govern unless you return the Products within thirty (30) days after receiving the Products or Services.

Price and Payment Terms
Your total price for the Products will be stated on your purchase receipt. Terms of payment are within OMP Racing’s sole discretion and, unless otherwise agreed to by OMP Racing, payment must be received by OMP Racing prior to OMP Racing’s acceptance of an order. Payment for the products and services and support must be made by credit card (Visa, MasterCard, America Express or Discover), debit card (issued by Visa or MasterCard) or some other prearranged payment method, unless credit terms have been agreed to by OMP Racing. Orders are not binding upon OMP Racing until accepted by OMP Racing in writing, email or fax, and OMP Racing reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the Products is a mistake. Any price quotations given by OMP Racing will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.

Shipping and Title
OMP Racing will arrange shipping of the Products to your address. Title to the Products and risk of loss pass to you upon delivery by OMP Racing to the carrier. The costs of shipping and handling will be shown on your purchase receipt. OMP Racing will inform you of estimated shipment and delivery dates. Such dates are for indication purposes only and are subject to change depending on supply and/or transportation availability.

Inspection of Products upon Receipt
You must examine the Products when you receive them. If any item is damaged or missing, you must notify OMP Racing at once. You are responsible for making a written complaint concerning defects and non-compliance that may be required in case of damage or shortage. OMP Racing will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery. You are also responsible for filing claims with the carrier within three (3) days after receipt of the goods. OMP Racing will have the responsibility to follow up with the carrier regarding the claim.

Products
OMP Racing may revise and discontinue Products at any time. OMP Racing will ship you Products that have the functionality and performance of the products you ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.

Warranties
THE LIMITED WARRANTIES APPLICABLE TO THE PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS (THE “OWNERS MANUAL”). OMP RACING MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THE OWNER’S MANUAL. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND OMP RACING WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON OMP RACING’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. OMP RACING DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFORMATIONAL CONTENT. OMP RACING SHALL NOT BE RESPONSIBLE IN CASE OF ANY MODIFICATION, CHANGE OF THE CHARACTERISTICS OF THE PRODUCTS OR THEIR WRONGFUL USE. IN ANY CASE ANY AND ALL RESPONSIBILITY IS LIMITED TO THE REPLACEMENT OF THE PRODUCT OR REIMBURSEMENT IN AN AMOUNT UP TO THE PRICE OF THE PRODUCTS. OMP RACING RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION.

Exclusive Remedy; Limitation of Liability; Indemnification
You agree that your sole and exclusive remedy against OMP Racing shall be limited to the purchase price of the Products and that no other remedy, including but not limited to lost profits, loss of business, loss of goodwill, or other incidental, consequential, special, indirect or punitive damages, cost of removal and installment, attorney’s fees, even if OMP Racing is advised of the possibility of such damages, or for any claim by any third party, shall be available against OMP Racing. In no event shall the total aggregate liability for OMP Racing exceed the amounts paid by you for the products or services. You agree to indemnify and hold OMP Racing harmless of and from all claims, liabilities, judgments, decrees, costs and expenses (including attorney’s fees) arising from or with respect to a) damages or injuries to persons or property caused by the Products or any malfunction or defect thereof, b) any alleged actual infringements of any patent, trademark, trade name, copyright and/or other intellectual property laws of any country, or c) any other liability under or violation or statutory, common, administrative or other laws of any country in connection with the Products. You agree to defend or assist in the defense of any suit or other action that may be brought against Racing Force USA Inc. / OMP Racing in connection with or because of your use, sale or offer for sale of the goods.

Return Policies and Exchanges
If you bought Products directly from OMP Racing, you may return them to OMP Racing up to thirty (30) days from the date of the invoice for a complete refund of the purchase price. To return Products, you must call OMP Racing Customer Service at (800) 237-2700 or submit your return request through the ompracing.com website to receive a Return Authorization Number. If OMP Racing does not issue a Return Authorization Number, the Products will be shipped back to you, at your expense. You must ship the Products to OMP Racing in their original packaging, prepay shipping charges and ensure the shipment or accept the risk of loss or damage during shipment. The Return Authorization Number will be cancelled if the Products are not returned within sixty (60) days. Returned Products must be in “as-new”, clean, sellable condition, in their original containers and packaging, and all the manuals and other items included with the Products must be returned with them. Products not in the current product line or current Snell or FIA homologation may not be returned. Any returned Products without a Return Authorization Number may be refused by OMP Racing. From time to time, OMP Racing may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with OMP Racing’s exchange policies in effect on the date of the exchange.

Trademarks, Brand Names, Logos and Other Intellectual Property
You are not allowed to use OMP Racing’s product or Racing Force brand names, trademarks, registered marks, or logos without the express written consent of OMP Racing. In each case and under any circumstances, every use of OMP Racing’s intellectual property must be approved in writing by OMP Racing prior to such use.

Entire Agreement
This Agreement sets forth the entire agreement of the parties with respect to the goods and accordingly you agree that this Agreement supersedes all prior representations, agreements, statements, and understandings whether oral or in writing relating in any way whatsoever to the goods. These terms and conditions may not be altered, supplemented, or amended using any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and OMP Racing. Failure of OMP Racing to enforce any provision hereof shall not constitute a waiver of such provision, or the right of OMP Racing to later enforce such provision.

Applicable Law; Not for Resale
This Agreement is made and shall be construed in accordance with the laws of the State of Florida in courts located in the County of Miami Dade, Florida, USA. You agree and represent that you are buying for your own internal use only, and not for resale. All rights and responsibilities relating to any order are personal to you and cannot be transferred without OMP Racing’s written agreement. OMP Racing has separate terms and conditions governing re-sales.

Headings
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Severability
If any provision of these terms and conditions shall be ruled void or unenforceable, then the remainder shall be enforced to the extent permissible.

Force Majeure
OMP Racing shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.