Terms & Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.arkperformance.com. The collective work includes works that are licensed to www.arkperformance.com. Copyright 2003, www.arkperformance.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.arkperformance.com or purchasing www.arkperformance.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.arkperformance.com or to purchase www.arkperformance.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.arkperformance.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of www.arkperformance.com used in the site are trademarks or registered trademarks of www.arkperformance.com


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.arkperformance.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.arkperformance.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.arkperformance.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
www.arkperformance.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.arkperformance.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a www.arkperformance.com product is mistakenly listed at an incorrect price, www.arkperformance.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.arkperformance.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.arkperformance.com shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.arkperformance.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
www.arkperformance.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.arkperformance.com.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.arkperformance.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.arkperformance.com products) must be commenced within one (1) year after the claim or cause of action arises. www.arkperformance.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.arkperformance.com may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.arkperformance.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
www.arkperformance.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.arkperformance.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.arkperformance.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.arkperformance.com in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless www.arkperformance.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, www.arkperformance.com may link to sites operated by third parties. However, even if the third party is affiliated with www.arkperformance.com, www.arkperformance.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.arkperformance.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.arkperformance.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Product Disclaimer
Items sold by ARK Performance, Inc. may not be legal for street use in all states. It is the buyer’s responsibility to comply with applicable state laws. Buyer understands that due to strict U.S. Federal and State safety crash guidelines, ARK Performance is not responsible or liable for any damages or possible injuries incurred upon possible accidents due to driver error, incorrect installations, bad judgment, or natural disasters/phenomenon. All products are intended for offroad uses only, and should be used for their intended purposes only. ARK Performance does not take responsibility of the buyer's installation, modification, and extreme wear of the products. The buyer assumes all responsibilities for determining the suitability of the products. ARK Performance is not responsible for any damages incurred either directly or indirectly on the vehicles or operators/passengers within the vehicles.

ARK Performance, Inc. strongly recommends that all products be professionally installed. Buyer understands that some products may require modifications for correct fitment. Minor adjustments may be necessary as part of the normal installation process.


Carbon Fiber Aeroparts
All ARK Performance carbon fiber aeroparts are handmade. There may be slight imperfections from product to product. Each part is checked against one another, and only the ones that pass ARK Performance's quality inspection will be sent to buyers.
ARK Performance carbon fiber parts may change hue and color within 6 months - 12 months (Note: like car paint, slight fading and discoloration is natural. The warranty only covers unusually extreme cases.)

All hoods require hood pins for the driver's safety.


RETURN POLICY
Exchanges or refunds are approved if the following criteria have been met. No returns or exchanges will be allowed after 30 days from when the product(s) has been received. Any discrepancies could result in a delay or partial forfeiture of your credit. For all products, please check product for factory defects prior to installation. ARKperformance will not be liable if you order the wrong product. We provide technical specification and manufacturer part number information so that you can make an educated buying decision. For all Returns or Exchanges you will be provided a RMA Number. Without a RMA your Exchange/Return will be voided.


EXCHANGES:
Ark Performance must be contacted within fifteen (15) days from the date product has been received Product(s) must have a manufacturer defect May only be exchanged for same-item All non-defective exchange, are subject to a 15% exchange fee. ARK Performance is not responsible for any shipping and handling charges. A Return Merchandise Authorization (RMA) Form must be filled out and sent back Contact Ark Performance for an RMA Form and an RMA Number. RMA Number is valid for 7 days from the date of issue


RETURNS:
Ark Performance must be contacted within fifteen (15) days from the date product has been received. All non-defective returns are subject to a 25% restocking fee. ARK Performance is not responsible for any return and all shipping and handling costs. A Return Merchandise Authorization (RMA) Form must be filled out and sent back Contact Ark Performance for an RMA Form and an RMA Number RMA Number is valid for 7 days from the date of issue Product(s) are subject to inspection upon return Items must not be installed or used. Any signs of the product being used will void your return Must be in original packaging with all warranty cards, manuals, and accessories All shipment costs are non-refundable


SHIPPING POLICY:
For any shipment that is refused, you will automatically be charged $5.00 or 10%, whichever is greater (for international order we will charge 30% of the invoice price plus all shipping and duty we paid for the return product(s) to cover costs associated with processing your order and return. Shipping costs are not refundable.

We will issue a full refund for the product when your return meets these guidelines. The cost of shipping will be credited only in those instances where the return is a result of our error.


SHIPPING DAMAGES:
ARK Performance ensures all products are packed with care to prevent damage during shipping. However, damage may still occur during shipping. Buyer must inspect the packaging and the products carefully upon receiving them, then accept the shipment and notate any damages and irregularities, such as crushed, torn, punctured, or broken parts on both the packaging and the product, on the freight bill or receipt at the delivery driver's presence. Buyer must retain all cartons, packing materials, and damaged products for the carrier's damage inspector to inspect. Do not refuse shipment or return it without approval, because the buyer's right to make a damage claim may be denied. A signed receipt without any notation indemnified the carrier as well as ARK Performance from any further damage claims. Discovery of damages after a clear delivery becomes the responsibility of the customer.

All damages must be notified to carrier and the dealer within 24 hours. In cases of damage with proper notation on receipt, the carrier will determine whether to pay for repair cost or replacement value of the damaged goods after damage inspection. Replacement value is the amount the buyer paid to the distributor and is not negotiable. All disputes about the settlement amount should be addressed with the carrier. ARK Performance, under no circumstances, shall be liable for the damaged product or for subsequent settlement of the claim with the carrier.


AEROPARTS – INSPECTION AND DAMAGE:
ARK Performance ensures packing of all products carefully to prevent damage during shipping. Unfortunately damages to occur from time to time. Buyer must inspect the packaging and the product upon receiving it and notate any damages such as crushed, torn, punctured, or broken parts on both the packaging and the product itself. Notate the damage on the freight bill of lading or receipt with the driver present. Consignee must retain all packaging, packing materials, and the damaged product for the carrier's inspector to inspect. The damage claim may be denied if consignee refuses shipment or returns it without approval. A signed receipt without any notation indemnified the carrier as well as ARK Performance from any further damage claims. All damages must be notified to the dealer and/or ARK Performance within 24 hours.
In the case that the driver cannot wait for your notation of the damages, notate the following. On the bill of lading or receipt write “driver did not have time for to inspect and notate any damage upon delivery”. Then sign for the product and accept the package.


DEFECTIVE PRODUCTS:
All products require professional installation. Minor adjustments might be necessary. These are normal body work and installation steps for aero parts therefore it is NOT considered to be defective. NOTE: THERE IS A 5 DAY PERIOD FROM WHEN THE PRODUCT IS RECEIVED TO SUBMIT ANY CLAIMS OF DEFECTS/ISSUES. In addition, all carbon fiber and fiberglass products are hand-crafted, and no two items will be identical. Small imperfections such as wavy weaves, small bubbles, and clear coat blemishes are inevitable. Pictures are required to demonstrate true defects on products prior to return. See above for information on our return policy.
Exclusions:
Exhaust Gaskets – periodic change is recommended
All modifications made to any product will void warranty
Surface rust caused by road conditions and/or debris
Damages from accidents or misuse
Road rash caused by vehicle being too low
Discoloration of tip finish


DAMAGED PRODUCTS
If your product has been received damaged, you must document all of the damages and contact us within 24 hours of delivery. Please call us immediately at Tel) 1-909-947-1275. Our customer service representatives will guide you through the process to file a damage claim with the shipping company. Please note, we will ship your replacement item(s) after the claim has been processed and resolved, which may take up to 60 days or less. If you need a replacement right away, we will charge a deposit/core charge until we receive your damaged item. We will provide a full refund of the deposit/core charge upon receipt in its original package. All return item(s) must be new and have never been used, modified, or installed. Any signs of installation or being used, we will charge a restocking fee.


MANUFACTURERS LIMITED WARRANTY:
ARK Performance Inc. offers a Limited Warranty to the original purchaser of all ARK products against defects in material and workmanship under normal use of the time period set below. The ARK product in question must be shipped back to ARK Performance at the expense of the customer to be inspected by ARK technicians. If it is determined to have a manufacturer defect and a valid claim is received by us within the Warranty Period, ARK Performance will provide repair, replacement part(s), or product (or if no longer available, a comparable product) to replace those which have proven defective and cover cost of the new product(s) to the customer. When a product is exchanged, any parts or products replaced under this Limited Warranty will become the property of ARK Performance. This warranty is nontransferable.
1. Exhaust System Products: 1 Year Limited Warranty
2. Billet Aluminum Accessories: 1 Year Limited Warranty
3. Black-Powdered Coating Products: 3 Year Limited Warranty
4. Vertical Door Hinge: 1 Year Limited Warranty
5. Short Shifter: 3 Year Limited Warranty
6. Coilover Systems: 15 Month Limited Warranty
7. Lowering Springs: 15 Month Limited Warranty


WARRANTY EXCLUSIONS:
1. This warranty applies only to products manufactured by or for ARK Performance. For non-ARK products, even if packaged or sold with the ARK products will not be covered by this warranty.
2. No claim will be accepted for the damages in transit. Please contact the carriers directly.
3. This Limited Warranty does not include any flange gaskets, rust, normal wear, tear, dissatisfaction with the products' sound and appearance, or injury arising directly or indirectly from the use of the ARK product.
4. Damage incurred in any misuse, abuse, accident, collision, installation, modification, flood, fire, earthquake, road hazard, any other means of improper care or maintenance will void this warranty.
5. For fitment or installation issues please contact us before using the exhaust system, suspension system, body kit, etc. on the vehicle to be considered for warranty replacement. If the product has been installed, used, or show signs of being used, we will not accept a return or an exchange.
6. Warranty does not cover cost of removal, repair, installation, re-installation, shipping or other incidental labor fees. If the product is determined defective you may receive store credit on approval.
7. Any signs of modifications or repairs of the original product, your warranty will be voided.
8. Any variations in color developed over time due to exposure to sunlight or UV light will not be covered by this warranty.



INSTALLATIONS:
All aero body parts require professional installation. Buyer understands that some products may require modifications for correct fitment. Minor adjustments may be necessary as part of the normal installation process. All carbon fiber and fiberglass products will not sustain heavy force or weight and could be subjected to cracks by such force or weight. ARK Performance has made an effort to produce all its aftermarket products to fit the original factory vehicles as closely as possible. However, like all aftermarket aero, prepping may be necessary for an accurate fit. The buyer needs to perform these steps to his/her satisfaction before installation. If the buyer wishes to paint the products, he or she must pre-fit the parts to the vehicle before painting to ensure proper fit. There are absolutely no returns on painted or installed products.