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KO Performance - Company Information - Terms of Use, Sales, & Disclaimers
  Terms and Conditions of Sales, Use, and Disclaimers...

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Prices: Net F.O.B. Sales tax applicable on all Florida purchases. All prices are subject to change without notice, and all prices are final at the time of sale.

Payment: For all continental US sales cash, money order, cashier or certified check, PayPal and credit cards are acceptable forms of payment. We regret that we cannot accept credit cards for international orders, with the exception of Canada. Bank wire transfers, and cash terms only for international orders. We do not accept personal checks for any orders. All goods remain property of KO ENTERPRISES, INC. (“KO Performance”) until payment is made. Deposit required on special orders, and is non-refundable.

Shipping: All orders are shipped via UPS or Federal Express unless weight or size is prohibitive, in which case motor freight will be used. We ship via US Postal Service for military personnel only (APO, FPO), all US Mail shipments are shipped on Fridays only. Only when specific instructions are given will the shipping mode be altered. Orders received before noon for a product that is in stock are usually shipped the same day. Orders shipped to Hawaii, Puerto Rico or Alaska are shipped via UPS or FedEx 2nd Day Air or Next Day Air only. For orders placed on our web site, shipping charges are approximate. The actual shipping charges will appear on the invoice you receive with your order. International shipping charges will not appear on your online order. If you need a rate quote for international shipping please email us before placing your order. Please make sure to include a list of the items you want to purchase and your complete mailing address including postal (zip) code. If you do not request an international shipping quote your order will ship via UPS and a discounted shipping charge will added to your total. In certain instances, if we are out of stock on an item we will often ship directly from the manufacturer of the product to you. This is known as a "drop ship." If an item is drop shipped, transit time and cost will vary.

Claims: When packages appear damaged on arrival, state condition of the container over your signature on the receipt. If damage is discovered after opening the container, notify the carrier immediately. We provide good merchandise, properly packaged to the carrier. Claims for damage must be directed to the carrier FIRST, not to KO Performance.

Ordering: All orders must be placed to KO Performance, 10930 NW 138TH ST UNIT 5, Hialeah Gardens, FL 33018. Orders may be faxed to (786) 264-1816. For phone orders, call (786) 264-1864. No collect calls will be accepted. Orders may also be placed online at http://www.koperformance.com.

Limited Warranty on New Parts: All new parts are guaranteed to be first quality merchandise. Defective merchandise must be returned at customer’s expense for replacement. We will replace all defective parts which were purchased new, but cannot accept responsibility for inconvenience or losses occasioned by their use. There is no warranty if parts have become defective due to faulty installation or if they have been abused in any way. Parts must be installed by a certified technician. “Do it Yourself” installations are not recommended. All warranties and/or guarantees are voided if products have not been installed properly by a qualified licensed auto mechanic experienced in the installation of the product(s). There is no warranty, expressed or implied for any parts (including new parts) or work used for competition, or track driving school events. There is no warranty on electrical parts. Certain products carry a manufacturer’s warranty. All new parts, with the exception of electrical parts, high performance products and products already carrying a manufacturer’s warranty will be warranted against manufacturing defects only for 6 months from the date of sale. Customer shall notify KO Performance within 10 days of discovery of any such defects. We reserve the right to withhold refund until the defective part has been examined and tested. KO is not responsible for shipping costs on items returned under this limited warranty. KO Performance is not responsible for labor charges due to incorrect installation or faulty or defective parts. Please inspect items carefully before installation!

Used Parts: There is NO WARRANTY on used parts. All used parts, including engines and transmissions, are sold “AS IS” and come with no warranty unless otherwise stated. Used parts are not returnable.

Limitation of Liability and Indemnity: Customer assumes all liability and risk arising from the ordering, purchase, use or installation of new and used parts that are purchased from or installed by KO Performance. KO Performance shall not be liable for any damages to any person or property arising out of or in connection with the use or installation of any parts that it sells or installs including, but not limited to, high performance products, engine conversion kits, engine chips, springs, sway bars, exhausts, racing harnesses, window nets, fire systems, racing suits, helmets, turbochargers or superchargers. Customer agrees to indemnify KO Performance from any and all claims (including legal fees) arising out of or in connection with the use or installation of the product(s) it purchased from KO Performance or had installed by KO Performance. KO is not responsible for any damages or claims arising out of a delay in the processing or shipment of any order. By purchasing products from KO Performance or by paying KO Performance to install any products, Customer is acknowledging that it agrees to accept this Limitation of Liability and these Terms and Conditions.

Product Use: Many items, including engine conversion kits and computer chips, are sold for competition and off road use only. It becomes the sole responsibility of the Customer to ensure that the use of their vehicle and items purchased comply with federal, state, and local regulations. KO Performance products are not legal for sale or use in the state of California on any pollution-controlled motor vehicles. Performance products are legal in California only for racing vehicles, which may never be used on a public highway.

Merchandise: We sell new and used parts for BMW automobiles. Please note that product descriptions and photographs used on our online catalog are examples only. Actual item may differ.

The Customer shall inspect and accept or reject acceptance of the Terms and Conditions of this sale immediately upon the arrival of the shipment, and shall, within three (3) working days after this arrival, give written notice to KO Performance of any claim that the Terms and Conditions set forth herein are not acceptable. The Customer expressly waives any right the Customer may have to revoke acceptance after such three-day period.

Fraudulent Orders: We will seek to prosecute any and all fraudulent transactions. We use all means necessary to convict including recording of IP addresses. All fraudulent orders will be filed with the IFCC (Internet Fraud Complaint Center). The Internet Fraud Complaint Center (IFCC) is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C). http://www1.ifccfbi.gov

Privacy Policy: Customer agrees to KO’s Privacy Policy which can be viewed at http://www.koperformance.com/company_info/privacy_policy.htm

Applicability: These Terms and Conditions are applicable to all order placed by the customer, whether online on KO’s web site or by telephone, including all future orders.

How to Reach Us: You can reach us via phone, fax, or the Internet.



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Bimmer Magazine May 2006 Featured Article "Hammer of the Gods" unveils KO's E36 M3 Stage III Supercharger Boost Kit!
Bimmer May 2006 Feature "Hammer of the Gods" -
KO's E36 M3 Stage III
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public at 400 RWHP! more info...