COX PERFORMANCE INC.
TERMS AND CONDITIONS OF SALE
Effective Date: 01/01/2005
These Terms and Conditions of Sale ("Terms") govern all purchases, orders, products, services, labor, tuning, fabrication, installation, consulting, and transactions conducted by or through Cox Performance Inc., Darrell Cox Racing (DCR), Team DCR, and any affiliated brands, divisions, websites, social media platforms, or business entities (collectively, the "Company").
BY PLACING AN ORDER, SUBMITTING A DEPOSIT, EXECUTING A WORK ORDER, ACCEPTING A QUOTATION, RECEIVING PRODUCTS OR SERVICES, OR OTHERWISE CONDUCTING BUSINESS WITH THE COMPANY, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREES TO BE LEGALLY BOUND BY THESE TERMS.
Unless expressly stated otherwise in writing by the Company, all performance parts, racing components, calibrations, tuning services, vehicle modifications, configurations, custom fabrication, and related products and services sold by the Company are intended solely for off-road, racing, competition, exhibition, and track-use applications.
Customer acknowledges that certain products may not comply with federal, state, provincial, or local emissions, safety, registration, inspection, or highway-use requirements. Customer assumes all responsibility for determining the legality and suitability of any product or service for Customer's intended use.
The Company shall have no liability for Customer's unlawful use of any product or service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND WITH ALL FAULTS.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, PERFORMANCE, DURABILITY, OR RESULTS.
NO ORAL OR WRITTEN STATEMENT, ADVICE, RECOMMENDATION, DESCRIPTION, SPECIFICATION, OR REPRESENTATION BY THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY.
A deposit equal to fifty percent (50%) of the total quoted amount is required before any work is commenced, materials are ordered, scheduling is reserved, fabrication begins, or services are performed.
ALL DEPOSITS ARE NON-REFUNDABLE.
The remaining balance shall be due immediately upon completion of services and prior to shipment, delivery, release of products, or release of any vehicle.
The Company reserves the right to suspend work, withhold shipment, refuse delivery, or retain possession of products and vehicles until all outstanding balances have been paid in full.
All labor charges are final and non-refundable.
This provision applies to, without limitation:
Once labor has been performed, no refunds, credits, chargebacks, offsets, or adjustments shall be issued except at the sole discretion of the Company.
Orders canceled before shipment, completion, or delivery shall be subject to a cancellation fee equal to forty percent (40%) of the total order amount.
Any deposit previously paid shall remain non-refundable and may be retained by the Company in addition to any applicable cancellation charges to the extent permitted by law.
Special-order, custom-built, fabricated, modified, personalized, tuned, or non-stock items may not be canceled once procurement, manufacturing, programming, fabrication, or performance of services has commenced.
No return shall be accepted without prior written authorization from the Company.
Approved returns shall be subject to a restocking fee equal to forty-five percent (45%) of the original purchase price.
Shipping, freight, insurance, handling, customs, taxes, and related charges are non-refundable.
Returned products must be received in new, unused, uninstalled, undamaged condition and in original packaging.
The following items are not eligible for return under any circumstances:
Customer shall promptly inspect all products and services upon receipt or completion.
Customer's acceptance of delivery, possession of a vehicle, operation of a vehicle, installation or use of a product, or failure to notify the Company in writing of any alleged nonconformity within five (5) calendar days shall constitute conclusive acceptance of the products and services.
Customer acknowledges that motorsports, racing, vehicle modification, tuning, and high-performance applications involve inherent and substantial risks including property damage, mechanical failure, serious bodily injury, permanent disability, and death.
Customer voluntarily assumes all such risks and accepts full responsibility for all consequences arising from the purchase, installation, operation, transportation, storage, or use of any product or service provided by the Company.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ECONOMIC DAMAGES OF ANY KIND.
THIS EXCLUSION INCLUDES, WITHOUT LIMITATION:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING FROM ANY CLAIM SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
Customer agrees not to initiate any credit card chargeback, payment reversal, or payment dispute without first providing written notice to the Company and allowing a reasonable opportunity to investigate and resolve the matter.
Customer acknowledges that these Terms, invoices, signed estimates, payment records, communications, shipping records, and work orders may be used by the Company in defense of any chargeback or payment dispute.
Customer agrees to defend, indemnify, and hold harmless the Company and its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, fines, penalties, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to Customer's purchase, installation, operation, resale, transportation, storage, or use of any product or service.
These Terms shall be governed by and construed under the laws of the State of Michigan, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms, the products, or the services provided by the Company shall be brought exclusively in a state or federal court located in Michigan, and Customer irrevocably submits to the jurisdiction of such courts.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms constitute the entire agreement between Customer and the Company concerning the subject matter herein and supersede all prior oral or written communications, representations, understandings, or agreements.
BY PURCHASING PRODUCTS OR SERVICES FROM COX PERFORMANCE INC. OR ANY RELATED BRAND, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREES TO THESE TERMS AND CONDITIONS, INCLUDING THE NON-REFUNDABLE DEPOSIT REQUIREMENT, NON-REFUNDABLE LABOR POLICY, 45% RESTOCKING FEE, 40% CANCELLATION FEE, TRACK-USE DISCLAIMER, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY.
We appreciate your business and appreciate your commitment to quality. Thank you for being a valued Team DCR member.
BY PURCHASING PRODUCTS OR SERVICES FROM COX PERFORMANCE INC. OR ANY RELATED BRAND, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREES TO THESE TERMS AND CONDITIONS, INCLUDING THE NON-REFUNDABLE DEPOSIT REQUIREMENT, NON-REFUNDABLE LABOR POLICY, 45% RESTOCKING FEE, 40% CANCELLATION FEE, TRACK-USE DISCLAIMER, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY.
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