THESE TERMS OF SALE (THESE \"TERMS OF SALE\") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY AUTOMOTIVE UPGRADE TECHNOLOGIES, INC. (\"COMPANY\") ON THE WWW.AUTOMOTIVEUPGRADE.COM WEBSITE (THE \"WEBSITE\"). PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY CLICKING ON THE \"I AGREE BUTTON\" OR BY PLACING AN ORDER, YOU \"YOU\" AND/OR \"CUSTOMER\" HEREIN) ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION SO PLEASE READ THESE TERMS OF SALE EACH TIME YOU MAKE A PURCHASE.

1. Products. Company is authorized to sell the products and/or services offered for sale on the Website. Company may discontinue any product and/or service at any time without notice. The prices advertised on the Website for the products and services do not include shipping and handling or sales taxes, if applicable, which will be added to Your total invoice price.
2. Orders. Orders are not binding upon Company until accepted. Acceptance of Customer's orders shall be communicated to Customer on the Website. Company reserves the right, without prior notification, to limit the quantity of any item ordered and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
3. Payment. Company accepts valid Visa, MasterCard, American Express and Discover credit cards. Customer's credit card will be charged in full when Customer's order is processed.
4. Sales Tax. Customer is responsible for the payment of any state and local sales or use taxes that may apply to Customer's order. Therefore, any order shipped to a California address will be subject to a 8.75% sales tax which will be added to the price of purchase. If a California Customer is exempt from state and local sales taxes, it must provide Company a copy of its tax-exempt certificate.
5. Import Duty and other import related fees. Customer is responsible for the payment of any import duties and other import related fees or taxes that may apply to Customer's order.
6. Delivery. Company will ship Customer's orders to the address provided by Customer in accordance with Customer's selection of available shipping options when Customer's order is processed on the Website. If the Customer's order indicates that free shipping is available, then Company will use commercially reasonable efforts to ship Customer's products with free shipping and delivery within four (4) business days from the date of Customer's order. If the Customer's order indicates that delivery is outside the continental United States , then Company will use commercially reasonable efforts to ship Customer's products in accordance with the delivery rates listed on the Website to be shipped and delivered within fourteen (14) business days from the date of Customer's order. While Company will make every reasonable effort to ship Customer's orders within these time frames, Company is not responsible or liable for any delay in receiving or completing Customer's order that is caused by an event beyond the Company\'s reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or Website caused by an event outside the direct control of the Company, including without limitation, power outages or attacks on the Website such as by persons known as \"hackers\".
7. Title to Products. Company retains all right, title and interest in and to the ordered products until the products have delivered and You have paid for the products in full.
8. Shipping Charges. The prices advertised on the Website for the products and services do not include shipping and handling charges. The applicable shipping and handling charges may vary depending on the Customer's location and shipping address. The applicable shipping and handling charges will be provided at the point of purchase on the Website and will be added to Your total invoice price at the point of purchase on the Website.
9. Warranty. The Products sold at Website come with a 2 year limited manufacturer warranty. We guarantee that this product is free from any manufacturing defects. If product includes batteries, the batteries standby time is warranted for a minimum of 2 years, from the date of purchase with proof of purchase. For any warranty claims please review the following link for the proper procedure. Company\'s warranty procedure and policy..
10. Return/Refund Policy. If You are dissatisfied with Your purchase, You may be entitled to return the products purchased or seek a refund of the purchase price in accordance with the Company\'s Return/Refund Policy in effect at the time of purchase. You may click on the following link to review the Company\'s Return/Refund Policy.
11. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY EXCEED THE AMOUNT CUSTOMER HAS PAID TO COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
12. Severability. If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
13. Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of State of California, United States of America applicable to contracts made and to be enforced wholly within such state.
14. Jurisdiction and Venue. You and the Company (collectively the \"Parties;\" individually a \"Party\") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale may be brought in the federal or state courts of the State of California, and each party irrevocably accept and submits to the jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
15. Waivers and Amendments. The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed the Parties.
16. Other Terms. The Website Terms of Use, Privacy Policy, Return/Refund Policy and all such terms and conditions set forth therein are hereby incorporated into this Agreement by reference.