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MASTERMIND TERMS & CONDITIONS

The terms and conditions contained herein (including but not limited to those terms and condition on the face hereof) constitute the entire agreement between Mastermind and Buyer with respect to goods and/or services described on the face hereof (“Goods”) and shall supersede all prior correspondence.  Buyer’s purchase order, and any past order, confirmation or contract of any agent of either party with respect to the Goods.  In the event that Buyer relies on documents which supersede this sales contract and which are inconsistent provision shall not be deemed accepted by shipment, performance, or otherwise initiated by Mastermind.  This contract may be modified only in writing signed by both Mastermind and Buyer.

CREDIT CARD ORDERS

To minimize fraud, Mastermind only ships to billing addresses listed on our customer’s credit card.  Secondary shipping addresses may be added to your credit card by contacting your credit provider or by approved authorization by Mastermind management staff.

INTERNATIONAL ORDERS

Mastermind regularly ships to customers all over the world.  All customers located outside of North America must pay by bank wire or international certified check for their intial order.  Credit card orders will be accepted on follow-up purchases at Mastermind’s discretion.  Customers are responsible for their respective country’s imposed fees and/or duties and taxes on imported items.

SHIPPING & DAMAGE

All products shipping from our warehouse have been carefully inspected for damage prior to shipping.  In many cases we will improve on and reinforce the original packaging provided by the manufacturer.  Our expert shipping staff takes extra time in the packaging process to minimize potential shipping damage.  Upon the arrival of your items, inspect everything thoroughly, even if packaging is intact, before signing the delivery receipt.  Once signed, any freight damage claim is null and void.  If you need to process a damage claim, action must be taken within 72 hours of delivery.  After 72 hours, refunds, reorders, and claims cannot be processed.  All shipped items are fully insured.  Mastermind will not be held responsible for the outcome of the claim, although we will assist you to the furtherst extent possible.  For all wholesale/business accounts, we do offer DROP SHIPPING options.  All shipping procedures and disclaimers mentioned above will apply to all DROP SHIP orders as well.

OVERSEAS SPECIAL ORDERS

All special orders MUST BE PAID IN FULL.  Special order payments are non-refundable, except in the rare case of manufacturer defect, or incorrect item being shipped.  Please take caution in your purchase as some items are not intended for use with overseas vehcile variants.  We guarantee that all products we sell are genuine and in new condition.  All USED products are sold in “AS IS” condition.  We cannot guarantee exact fit of imported products on vehicles of different origin than manufacturer’s intended use.  Mastermind’s core focus is procurement of automotive products from varying countries, particularly from Japan.  On some occasions there are multiple variations of the same general product offered by a manufacturer.  When placing an order, it is the customer’s responsibility to supply us with product numbers, and/or exact information identifying the product being purchased.  Without exact details, provided at the time of order submission, Mastermind cannot be held responsible for fulfillment of similar but not intended product.  Mastermind considers any item produced by the intended manufacturer, for the intended vehicle (in the manufacturer’s origin country), with similar product title, to be a match to the ordered part.  Any disputes regarding incorrect product fulfillment must be filed within five days of product delivery and must be accompanied with written documentation supporting the claim.  In all forseeable times of potential miscommunication we will contact our customers to verify details of their order.

REFUNDS, EXCHANGES, & CANCELLATIONS

Products ordered from US based manufacturers may be eligible for a refund if still in new condition and in original packaging.  Any refund will be issued at our discretion and will be subject to a minimum 25% restocking fee.  No echange or return will be allowed or accepted without pre-confirmed RMA # issued by management of Mastermind in writing.  All internationally sourced products are automatically considered special order items and will not be eligible for any refund or exhange.  For special order items, we will happily exchange parts that do not match with the product which was ordered.

Orders may be cancelled only on the following conditions: - -All cancellation orders will be accessed an 8% cancellation fee.                                                                                                                                                                                                                                     – -Special Order Items CANNOT BE CANCELLED.                                                                                                                                                                                                                                                                     – -Orders cannot be cancelled or changed if the merchandise has been shipped.

PRICING & TERMS OF PAYMENT

The Mastermind website contains many thousands of products purchased in multiple different currencies.  All of the prices are entered manually and accurately at the time fo entry.  Due to the consistently fluctuating international exchange rates, at times prices may not be able to be honored at their original intended rate.  We apologize for any inconvenience this may cause, unfortunately our website is unable to compensate dynamically for what can at times be volatile changes in the cost of items due to currency values fluctuating.  Rest assured that any order you place on line will be at zero risk to you in this area.  If in the event your order cannot be fulfilled at the orginal intended website price we will offer you a 100% refund, no questions asked.  We will continue to do our best to maintain updated prices and we will always continue to offer our price match guarantees as well to ensure our prices are always the best for you.  In short, prices may change without notice.  It is always advised to give us a call or send us an email prior to placing your order online to confirm availability and current pricing.  Unless otherwise specified herein, payment is due net cash in (5) days.  Any past due accounts shall be suject to one and one-half percent (1.5%) per month late charge compounded monthly or the highest rate permitted by law, whichever is less.

SHIPPING & ORDER DELIVERY INFORMATION

Items that are in stock in the US, either at Mastermind’s warehouse or at a supplier’s warehouse, are generally delivered within 7 days.  Special order items from overseas take considerably longer.  Mastermind offers delivery estimates to our customers which take into consideration manufacturer availability and shipping schedule.  many Japanese manufacturers work in a “just in time” inventory system and often take 2 to 8 weeks to produce and item once an order is submitted.  All deliverable items are then sent to our Japanese warehouse.  Mastermind ships a minimum of one full ocean freight container once every two months from Japan, oftentimes more frequently.  Ocean freight takes an average of 4 weeks.  Typically it breaks down to one week in Japan for paperwork and customs, two weeks by boat, and one week in US customs/clearance.  Due to the wide number of variables between manufacturer and shipping schedules, delivery estimates are simply just that – estimates.  We estimate conservatively and we usually deliver faster than our estimates suggest.  It is not Mastermind’s policy to guarantee delivery time of any special order item as this is impossible for us to do.

EXTENDED STORAGE FOR ORDERS / ABANDONEMENT POLICY

When orders are received at our warehouse and are ready to ship, we contact the owner promptly to arrange shipping.  We are happy to hold orders for up to one month, in an effort to help coordinate shipping dates for our clients.  After one month of complimentary storage, fees will be charged.  We will make every effort to inform customers that their products are on hold and subject to storage fees, however ultimately it is the clients responsibility to cooperate and receive their parts promptly.  Fee rate is (per month): $80 per bumper box, $40 per hood, roll cage, exhaust, $20 per small items.  After a period of one year, or the point where storage fees exceed the value of the products stored, Mastermind retains the option to take ownership of the products to pay off the storage fees due, or alternatively storage fees will continue to accumulate and remain due.  – All parts shall remain property of Mastermind until paid in full.  – If cancellation of an order is needed, notice of cancellation with a manager of Mastermind must be made in writing within 24 hours from the date the order was initiated.  – Some product images may show otional items that are sold separately.  Please contact us to confirm prior to your order if you have any questions.  – Mastermind will notify you if there are any errors with our product pricing, shipping calculations, or sales tax computations prior to processing the order.  Mastermind will not be held responsible for these errors and if unable to be mutually reconciled Mastermind will void the order and refund payment.

DEFAULT

On any default or breach of this contract by Buyer, Mastermind at its option by giving written notice to Buyer of its election to do so may as to this contract and such other contracts as may exist between Buyer and Mastermind, cancel any or all contract and/or defer shipment or delivery of all or any part until such default or breach is cured and/or cancel any undelivered portions thereof and/or demand immediate payment of all amounts owed to Mastermind under the contracts.  If Mastermind elects of cancel, Mastermind may sell all or part of the delivered goods without notice to Buyer, except as may be required by law (and in such even five(5) days notice shall be deemed reasonable notice under the circumstances) at public or private sale, holding Buyer liable for any damages or financial loss including incidental expenses and attorney’s fees resulting to Mastermind by reason of Buyer’s default or breach.  Mastermind shall not be limited in its rights and remedies against Buyer for any case whatsoeverto those remedies set forth herein, but shall have such other rights and remedies as may be available to it under the California Commercial Code or any other applicable laws.

TERMINATION / BREACH

Mastermind shall have the absolute right to cancel and refuse to complete this contract without notice (1) at any time.  If any of the terms and conditions governing this contract are not strictly complied with by Buyer or (2) in the event Buyer’s financial condition or responsibility becomes unsatisfactory to Mastermind.  If Mastermind cancels this contract, Buyer shall reimburse Mastermind of all actual expenditures, commitments, liabilities, and cost made of incurred with respect to any goods ordered or services rendered but not yet paid for by Buyer, plus loss of profit, less any net recovery to Mastermind on disposition of such items to others within a period of thirty (30) days after the cancellation.  If this contract is cancelled by Buyer, Mastermind may retain all or a portion of any down payment to cover the costs and expenses incurred due to such cancelllation.

OFFROAD USE ONLY & WARRANTY COVERAGE

Some of the parts for sale have been designed for and are intended for off-highway application only.  Federal & many state laws prohibit the removal, modification, or rendering inoperable of any device or element of design affecting vehicle emission or safety in a vehicle used on public highways.  Violation of such laws may subject the owner or user to a fine or penalty.  Installation of this part may void the warranty coverage, if any, on your vehicle.  Vehicles modified by use of performance parts may no longer be lawfully used on public highways.  Mastermind takes no responsibility for the individual client’s use of such products as all products are sold for offroad use for racing vehicles.  Please check with your local law enforcement agencies regarding rules and regulations prior to purchasing such products.

PRODUCT WARRANTY

All merchandise sold by Mastermind is only subject to the manufacturer’s warranty and conditions, if any.  Processing of manufacturer warranty must be completed directly with the manufacturer and will be up to the decision of each product manufacturer.  All merchandise is subject only to manufacturer warranty, mastermind does not offer or imply any additional warranty on any products which we distribute outside of the manufacturer’s policy for warranty.  No labor, shipping, currency losses, fees or inconvenience may be included in any claims.

AUTHORITY OF MASTERMIND’S AGENTS

No agent, employee, or representative of Mastermind has any authority to bind Mastermind to any affirmation, representation, or warranty concerning the goods.  Unless an affirmation, representation, or warranty is specifically included within this acknowledgement, it has not formed part of the basis of this bargain and shall not be in any way enforceable.

ASSIGNMENT / DELEGATION

No right or interest in this contract shall be assigned by Buyer without Mastermind’s written consent.  Any attempted assignment without such consent shall be wholly void and totally ineffective for all purposes.