TERMS AND CONDITIONS
Agreement
This agreement between the undersigned business (hereafter “fabricator” Throttle Out Fab LLC and affiliates) and the undersigned client, (thereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning the assignment.
Estimates/Bids
The fees quoted by the fabricator or affiliates are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing, may result in additional charges. The accompanying quote is a good faith estimate of the time and expenses the Fabricator anticipates. The Client understands and agrees that the Fabricator or affiliates will bill for actual time and expenses incurred, which may be greater than that which was quoted.
Throttle Out Fab LLC and affiliates reserves the right to adjust the price of quoted parts due to increases in the cost of materials or outside services, engineering and design changes, changes in quantities ordered, or any other changes to the parts that are beyond our control.
Payment
Advance payment may be required to initiate production. Client shall make final payment on delivery of product or Invoice due date. Whichever occurs first.
Hold Harmless
By submitting payment/deposit and/or signature you are in full abiding agreement to hold and fully defend Throttle Out Fab LLC and its Affiliates from any and all claims, lawsuits, demands, causes of actions, liability, loss, damage and/or injury, of any kind in its entirety (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death,) whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local government body or agency, arising out of, in anyway, any acts, omissions, negligence, or willful misconduct on the party of this invoice, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers, the indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgements, awards, decrees, attorney fees and related costs or expenses, and reimbursements to Throttle Out Fab LLC. For any and all legal fees, expenses and costs incurred due to negligence on behalf of the client. This Hold Harmless agreement shall be governed by the laws of Washington, without regard to conflict of law provisions.
Copyright
Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Fabricator and affiliates. Modification of product and/or incorporation of Fabricator and Affiliates in any layout or concept shall not constitute joint work.
Customer Vehicle
We reserve the privilege of moving the vehicle within our property and for test drives. Throttle Out Fab LLC. assumes no responsibility for articles left in the vehicle or damage by fire, theft, windshield cracks, or damage in any case except through our own negligence.
Our lot is outdoor surface parking. Vehicle is accepted for parking/storage and automotive service. Throttle Out Fab LLC. not responsible for drained battery or any damage due to the weather conditions such as any interior or exterior damage due to Sun, hail damage, freezing locks, doors, wipers or any other effect on car due to cold, tree leaves, dust etc. due to wind/seasonal conditions.
In case of damage claim, loss, or complaint, customer is responsible for filing the damage claim form, making sure that our staff has taken pictures of the damage before the vehicle leaves the premises if not so made, any such claim is waived by the customer.
Vehicle Parts
Customer supplied parts. We reserve the right to not offer this said "service" at any given time. Vehicle owner is required to sign a disclaimer and a full vehicle inspection prior to booked shop time with product inspection. This will require a minimum 2 hour shop time charge with associated administrative fees. Undersigned client and or Vehicle owner is required to sign said disclaimer one business week prior to service date. Disclaimer not returned with signature the vehicle will be rescheduled to the next available shop appointment. Deposit may be moved 1 time to reschedule service date for shop time otherwise forfeited.
Additional charges that may be necessary for install:
• Ensuring the customer supplied the proper parts for the vehicle
• Fit or finish problems or adjustments
• Possible unexpected parts that weren’t included with the supplied part such as gaskets, o‐rings, etc.
Product brought forth by undersigned client is not the correct part, product, incomplete or defective, the client is responsible for cost of replacement product, labor, additional and all fees related to the install delay including but not limited to daily storage fees and vehicle rack fees.
Throttle Out Fab LLC and affiliates are in a Hold Harmless agreement set above with customer supplied product. At anytime Any modification or customer supplied product has no warranty.
All old vehicle parts removed during service are disposed of at the end of service. Customer can request per email 1 business day prior to service for the shop not to dispose items and make available to return to customer. Customers responsible for transportation/loading of old product and pickup at the time of Vehicle pickup. Customer is limited to availability of shop operating hours and must not infringe/damage any and all property on the premise of the shop either personal, real or business. Result of Damage of the personal, real or business property on shop premises location due to the undersigned client's negligence the undersigned client is fully responsible immediately for any and all damages/costs accrued including legal fees but not limited too such fees accrued by Throttle Out Fab, LLC and affiliated associates.
Throttle Out Fab LLC is not liable in anyway for damage or loss accrued of removal of undersigned client's old parts from property and transporting of old parts.
Throttle Out Fab LLC and affiliates have the right to refuse service on customer supplied product or undersigned clients request for modification outside of manufacturer's recommendations of product install.
Vehicle Pictures
By submitting payment/ deposit and/ or signature you are granting Throttle Out Fab LLC permission to use said Vehicle in for service for photographs, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
By submitting payment/ deposit and/ or signature undersigned client agrees that all photos will become the property of the Throttle Out Fab LLC. Irrevocably authorize Throttle Out Fab LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, waive any right to inspect or approve the finished product wherein likeness appears. Additionally, waive any right to royalties or other compensation arising or related to the use of the photo. Hereby hold harmless, release, and forever discharge Throttle Out Fabrication and Repair, LLC from all claims, demands, and causes of action which undersigned client, my heirs, representatives, executors, administrators, or any other persons acting on undersigned client's behalf or on behalf of undersigned client estate have or may have by reason of this authorization.
Cancellations, postponements
Cancelations and postponements must be a minimum of 14 days prior to fabrication or build time. Rescheduling is for one-time final date which will be around the Fabricators/Shop scheduled available times only and confirmed per electronic service. In the event of cancellation or postponement of Fabrication of product, Client shall pay all expenses incurred by the Fabricator and affiliates up to the time of cancellation and or postponement, plus a minimum of $500.00 cancelation fee for fabrication builds, $150.00 for Rack fees for fabrication or a job that requires the rack. Any form of payment/deposit shall be forfeited by the client as non-refundable. If the fabrication job is canceled 24 hours prior to installation and or build time. Client shall also pay 75 percent of the anticipated fabrication fee, delivery expense, materials and 100% of the anticipated fees of any subcontractors booked for the job. All cancelations and postponements must be in writing sent certified mail and or email minimum 14 business days prior to build or shop scheduled time.
Fabrication credit
A credit in the name of the Fabrication company Throttle Out Fab LLC shall accompany Fabrication or otherwise product whenever practical.
Amendment
Modification. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing and signed by both parties.
Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party and contractual right by custom, estoppel, or otherwise.
Expiration
Estimates are valid for 30 days unless additional written agreement is signed by both parties. Any and all invoice are a binding contract between undersigned business and undersigned client.
Shipping and Handling.
You can expect most packages to be delivered within 5 to 10 business days.
We process your order within 24 business hours after receipt of full payment, and items will leave our facilities within two business days after processing. Note build to order items have a 5-10 business day delay to allow proper fabrication and build time.
We provide you with tracking information via email 24 to 48 hours after your item has shipped. Please ensure you have provided us with a valid email address and check your spam or junk folder as communications from Throttle Out Fabrication and Repair, LLC. may not make it past your filter, depending on your settings.
Handling fee.
All product shipped in or shipped directly to said customer handling fee applies. Handling fee covers packaging materials needed to provide the safe arrival of your purchase. We typically include this fee with the shipping charge.
Delayed orders.
Your order may be delayed if we are missing information necessary for processing. If this is the case, we will email you within 48 hours of receiving your order.
If you have not received an email from us and have not received your order after 10 days, please contact us at Throttleoutfab@gmail.com
Returning defective or incorrect parts.
If you received an incorrect or defective part, you may return it for an exchange or replacement. Please contact Customer Service at Throttleoutfab@gmail.com to explain the problem. We will create a new order for the part and issue an RGN for the original part.
Throttle Out Fab LLC will ship the replacement part as soon as freight charges have been paid for the returned part and the part is on its way back to us.
Refused Shipment or Failed Delivery
If you have refused delivery of your shipment, please contact Customer Service immediately at Throttoutfab@gmail.com. Shipped items that are either refused by the customer or are unable to be delivered due to continual failed delivery attempts will be returned to supplier, custom parts/signs to Throttle Out Fab LLC. and you will be credited the amount of the sale minus 30% restocking fee, not including shipping and handling. Please allow up to 14 business days for a credit to be issued. It is your responsibility to make immediate and adequate arrangements with the shipping company to accept a shipment in the event of a failed delivery.
Freight Shipments
Before accepting delivery, check for both internal and external damage. Remove the product from its packaging and inspect for damage. If you notice damage, please call designated shipper and process freight damage credit with said shipping company. Any further issues please contact our Customer Service at Throttleoutfab@gmail.com Please note you are required to attempt freight claim with shipping company prior to Throttle Out Fab LLC. getting involved. Written denial or electronic verification of process is required.
Warranty
Throttle Out Fab LLC. warrants the original vehicle customer that all products will be free from defects in materials and workmanship for the manufacturers warranty time frame. Throttle Out Fab LLC. makes no other warranty of any kind, express or implied. All other warranties, including but not limited to an implied warranty of merchantability or fitness for a particular purpose, are excluded. This warranty is offered provided that the product Throttle Out Fab LLC. installed is maintained in accordance with regular vehicle or off-road maintenance guidelines and that it has not been subject to modification, accident, abnormal use or misuse. At Throttle Out Fab LLC. discretion, this warranty may be voided if installation has been altered since service or install from the shop.
This warranty does not cover, and Throttle Out Fab LLC. shall not be liable for, incidental or consequential damages, including loss of time, road service charges, labor charges, inconvenience, loss of vehicle use, loss of revenues, or loss or damage to personal property (including loss or damage to vehicle parts due to the failure of product)*. In addition, this warranty does not cover, and Throttle Out Fab LLC. shall not be liable for, any undertaking, representation, or agreements made by third parties selling modifications or non installed product by Throttle Out Fab LLC.
To file a Warranty claim email throttleoutfab@gmail.com. No claim will be considered unless warranty claim form is properly completed and signed by undersigned client. Undersigned client understands that this is a request for warranty reimbursement and is not a guarantee of warranty eligibility. Undersigned client assumes full responsibility for payment of repair bill should the manufacturer refuse payment. A service tech will do an inspection prior to warranty claim repair to determine eligibility on site by appointment or by appointment at shop. This is subject to shop schedule restrictions.
Tire Warranty
Standard Warranty
Mileage Warranty
Throttle Out Fab LLC stands behind our Manufacturer’s Tire Tread Mileage Warranty.
Workmanship and Materials Warranty
Throttle Out Fab LLC will replace any tire within the first 1 years determined in house or per Throttle Out Fabrication Tech on site (when available) to be determined manufactured defect that is purchased with proof of purchase.
How to keep my Warranty in good standing?
Keep original receipt from the tire purchase.
Tires must be rotated regularly according to manufacturer’s recommendation and have invoice documentation showing rotation schedule.
Tires must be properly inflated for on road use.
Wheel misalignment can also void tire warranty. Have your alignment checked regularly and invoice documentation provided at the time of warranty.
Tire Wear
Throttle Out Fab LLC has identified that if a new tire contributes to a vehicle ride disturbance because of workmanship or materials, it will be apparent immediately and should be diagnosed and corrected as soon as possible. The responsible tire must be replaced before the first 2/32" of tread wear or during the first six (6) months of service whichever occurs first.
Ride disturbances that occur after this initial period have been linked to road hazard damage or irregular wear stemming from the vehicle's mechanical condition and/or lack of routine maintenance and will not be covered under warranty.
The following is not covered under Standard Warranty w/ Throttle Out Fab LLC Directly:
Failure, damage or irregular wear due to:
• Road hazards (i.e. punctures, cuts, snags, bruises, impact breaks, etc.), wreck or collision;
• Fire, accident or vandalism;
• Mechanical condition of vehicle, including misalignment, wheel unbalance, faulty
shocks, springs or brakes;
• Misapplication of tire or use of improper inner tube;
• Alteration of the tire, or addition of alien material.
• Use of tire chains, tire spinning, racing, off-road use, or other competitive activities.
• Your vehicle has staggered tire fitments.
• Costs of mounting and balance service.
• Costs related to tire pressure monitoring systems.
• Costs related to shipping and transportation of the tire.
• Loss of time or use, inconvenience, or any incidental or consequential damages.
• Improper use or operation including, but not limited to improper tire and vehicle maintenance, run flat or run with severe under inflation, misuse, abuse, accident fire or chemical corrosion, under inflation, overloading, over deflection, or failure to follow recommended
rotation practices.
• Improper installation, improper mounting or demounting, misapplication, improper repairs, wheel misalignment, or imbalance in the tire/wheel assembly.
• Your tire size, load and speed rating do not match the tire specifications outlined in
your vehicle owner’s manual.
• Tires with the Department of Transportation (DOT) number removed or rendered illegible; tires must bear the DOT prescribed tire identification numbers.
• Tire branded or marked “blem,” “Non-Adjustable (N/A),” or previously adjusted.
Product safety
Automotive parts, equipment, and accessories require careful and proper use, installation, inspection, and maintenance for proper performance. Throttle Out Fab LLC and Affiliates is not responsible and will not be held liable for any harm or damages you may incur as the result of improper, illegal, unsafe, or otherwise incorrect use, installation, inspection, or fitment of any product you purchase directly.
No refunds. All sales are final
Final payment is due at time of delivery and or Invoice due date for shop services. Which ever occurs first. All items requiring shipping are to be paid in full prior to shipment. Late fee of 1.5 percent /month thereafter starting the 11th day after billing and or 18 percent per year. Any-and-all reasonable fees associated including but, not limited to attorney costs will be the nonpaying party’s responsibility in collecting balance due. Storage fees will apply for build product starting 11 calendar days from date of completion notification done either electronically or by mail service. Storage Fees shall be minimum of $75 dollars a day but not to exceed 15 percent of build cost for daily storage fee.
Storage Fees
Storage fees will apply for automotive repair and build product starting 11 calendar days from date of completion notification done either electronically or by mail service.
Storage Fees shall be minimum of $75 dollars a day but not to exceed 15 percent of build cost for daily storage fee.
Storage Fees apply to any and all delays of production to the shop for Undersigned Client and or Vehicle Owner Product/Parts.
Notification either electronically, certified mail and or standard mail.
Payments
Are accepted per PayPal (under 1,000.00 only w/ 3% Processing fee), Venmo, Cash App, Facebook Messenger (1,000.00 max allotment for transfer), Business Check only (no personal checks are accepted) Major credit cards: Mastercard, Visa, American Express and Discover (Processing fee of 3%) and Cash. No personal Checks are accepted. Checks are made out to Throttle Out Fab LLC.
All returned checks are subjected to a $25 processing fee.
Credit Card Processing Fees
Paypal: 3% processing fee.
Cash App: no processing fee for Debit Card. Credit Card processing fee's apply.
Venmo: no processing fee. $2.50 out of network fee.
Facebook Messenger: No processing fee.
Credit Card: 3% processing fee.
Refunds:
Refunds and/or partial credit are at the discretion of Throttle Out Fab, LLC and its affiliated associates. All payments are refunded to the original payment form. Cash refunds are eligible for in house credit only. No exceptions to this policy.
Enforceability, Severability, and Reformation
If any of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the parties to provide as broad an indemnification as possible under Washington State Law. Any aspect of this Agreement is to give the broadest interpretation permitted under Washington State Law.
Authority to Enter Agreement
Each party warranties that the individuals who have signed and or submitted payment whether be electronic, in-person or over the phone, is in fact committing to Estimate or Invoice Agreement and has the actual legal power, right, and authority to make this agreement and bind each respective party.
Amendment
Modification. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing and signed by both parties.
Revision to terms and conditions
Throttle Out Fab LLC. and Affiliates reserves the right, at any time, to revise these Terms and Conditions without prior notice by updating/posting the most current terms and conditions on throttleoutfab.com.
Applicable Law and Arbitration
This Agreement shall be governed by the laws of Washington State, without regard to principles of conflict of laws, will govern these Terms and Conditions and that any dispute of any sort that might arise between said and Throttle Out Fab LLC and Affiliates. The venue of any arbitration between undersigned client, (thereafter “Client”) and Throttle Out Fab LLC and Affiliates arising out of conflict pertaining to these Terms and Conditions shall be the State of Washington, County of King.
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