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Terms and Conditions

DEALER TERMS AND CONDITIONS

  1. Purchase Orders:
  • APPA Racing, LLC. strongly suggests the use of written/emailed purchase orders in lieu of verbal purchase orders. Purchase orders may be submitted directly to your sales representative or sales@apparacing.com
  1. Special Orders:
  • “Special Order” is defined as any part ordered that is not part of APPA Racing, LLC.’s regular stock.
  1. Shipping and Freight Policies:
  • Dealer will be billed for regular shipping charges based on shipping/freight carrier rates.
  • APPA Racing, LLC. will use the carrier of their choice unless otherwise specified by Dealer.
  • Drop Ship fees vary by vendor. Dealer will be notified at the time of order if a fee will be assessed. APPARacing, LLC passes along exact drop ship fee costs from vendor to Dealer with no markups.
  • Dealer is responsible for cost of return and reshipment for any orders refused and/or returned by the carrier.
  • Dealer is responsible for warranty return shipping. Should the manufacturer reimburse APPA Racing, LLC. shipping, APPA Racing, LLC. will return those costs to the Dealer.
  • Dealer is responsible for providing correct and updated shipment information. If carrier bills APPA Racing, LLC. for an address adjustment, Dealer is responsible to reimburse for those charges.
  1. Shipping Claims/Damages/Disputes
  • All small packages are shipped Ground from APPA Racing, LLC WITHOUT Declared Value and Signature Required. All Ground shipments have a maximum reimbursement of $100 UNLESS Declared Value and Signature Required are requested at the time the order is placed. Dealer is responsible for requesting this.
  • It is the responsibility of the Dealer to check for accuracy and damage UPON ARRIVAL. Ground shipments with damage may be signed for, but freight shipments MUST notate damage on the slip.
  • Dealer is responsible for reporting shipping claims, damages and disputes to the carrierAPPA Racing, LLC. Will assist and provide any necessary documentation, but CANNOT initiate shipping claims on behalf of the Dealer.
  • Dealer must keep packing materials in the event the carrier requires an inspection. APPA Racing, LLC. accepts no responsibility for Dealers or their customers who misplace or discard the packaging of a damaged shipment.
  • Dealer is to submit images of damages to APPA Racing, LLC.
  • If an error is found, the Dealer must contact APPA Racing, LLC. within two (2) business days upon receipt of goods, otherwise Dealer forfeits the right to any product receipt related discrepancy claims and accepts full liability for payment of the items as indicated on the order.
  1. Return Policies:
  • Merchandise must be returned to APPA Racing, LLC. within 30 days of receipt of goods.
  • Special Order items cannot be returned under any circumstances.
  • Returns will not be accepted without a valid RMA number listed on the package.
  • Dealer is responsible for all shipping costs associated with returning the item to APPA Racing, LLC. APPA Racing, LLC does not issue credits against return shipping costs.
  • APPA Racing, LLC, is not responsible for returns that are lost, stolen or damaged. Adding insurance to return items is strongly recommended.
  • All product returns must be in new, unused, re-sellable condition with all pieces included.
  • Returns must be received to APPA Racing, LLC, within 10 days of issuance of an RMA or restocking fees

may apply.

  1. Restocking Fees:
  • A 15% restocking fee is applied to all approved and accepted non-warranty returns received after 10 days of issuance of the RMA.
  • APPA Racing, LLC reserves the right to waive restocking fees at their discretion.
  • A $10 repackaging fee will be applied to any approved returns without acceptable packaging.
  1. Warranty Policies:
  • APPA Racing, LLC does not offer a warranty on products sold. All items are covered by the manufacturer’s warranty ONLY.
  • Credits for defective merchandise will only be issued after the item has been inspected and approved by the manufacturer.
  • Unless the manufacturer agrees to cover shipping costs, the Dealer is responsible for shipping costs.
  1. MAP Pricing Policy
  • APPA Racing, LLC. reserves the right to modify MAP pricing at any time.
  • Dealer agrees NOT to advertise prices lower than MAP (Minimum Advertising Price) as specified by APPA Racing, LLC.
  • Violation of MAP policy will result in the Dealer account being placed on hold or terminated.
  • Dealer agrees to be responsible for all fees and costs incurred as a result of action taken by

APPA Racing, LLC . to enforce its MAP policy.

  1. Dealer Pricing:
  • APPA Racing, LLC reserves the right to modify dealer pricing at any time.
  1. Payment and Collections:
  • APPA Racing, LLC. accepts the following forms of payment:

Credit Card, Wire Transfer and PayPal

  • PayPal and credit card payments are subject to additional fees. All international customers are required to pay via PayPal or Wire Transfer unless otherwise approved by APPA Racing, LLC.
  • Payments received 10 days after the due date are considered late. Late payments will accrue interest at a rate of 1.5% per month (18% annually).
  • After 60 days, late payment accounts will be sent to collections.
  • Dealer accepts responsibility for all costs related to collection and agrees to reimburse APPA Racing, LLC. for any collection related costs.
  1. Late and Non-Payment Policies:
  • Credit Card Chargebacks must be resolved within ten (10) business days. It is the responsibility of the Dealer to ensure APPA Racing, LLC receives payment. Dealer is responsible for any fees associated with chargebacks.
  • Payments via check are considered late ten (10) days after their due date. APPA Racing, LLC will not tolerate

repeated late payments. The following process will be followed:

o First Time – Warning submitted via phone, email, and/or mail

o Second Time – Warning submitted via phone, email and/or mail

o Third Time – Suspension of net terms for 30 days

o Final – Removal of Credit Terms permanently from account

  1. Account Hold/Termination:
  • APPA Racing, LLC. reserves the right to place any Dealer’s account on hold or terminate their account for the following reasons:

o Overdue balance

o Violation of MAP policy

o Any behavior that APPA Racing, LLC. deems to be damaging to its brands and its Dealer network.

  • An account “on hold” means no further orders can be placed until the issue for being placed on hold is

resolved. In regards to payments, all overdue balances must be paid in full and have APPA Racing, LLC’s

bank account before another order can be shipped. In regards to MAP Policy, the Dealer may no longer be able to sell the product; as determined by APPA Racing, LLC and the product manufacturer.

  • Account termination is not taken lightly, and APPA Racing, LLC would prefer to work with Dealers to ensure this never happens. Repeated occurrences of the above stated reasons will lead to account termination.
  1. Publicity and Intellectual Property:
  • Dealer shall not represent themselves in any manner that leads the public to believe that they are APPA Racing, LLC.
  • Dealer shall not represent itself, APPA Racing, LLC., or any brand associated with APPA Racing, LLC. in a

manner which damages the reputation of APPA Racing, LLC.

  • APPA Racing, LLC. reserves the right to withdraw permission to use its intellectual property at any time

without any reason

  1. Change of Ownership and Assignment:
  • Dealer must provide notice of any change in ownership within 10 business days.
  • Change of ownership does not release the undersigned from any liabilities incurred as outlined in this dealer agreement.
  • Dealer agreement is not transferrable to new ownership. New owners will be required to submit standard dealer application and credit application paperwork.
  1. Conflict and Governing Law:
  • This agreement shall be governed by the laws of the State of Florida and the applicant consents to the

jurisdiction of the court of the State of Florida for city of Fort Lauderdale or any Federal District Court having jurisdiction therein for the determination of all disputes arising under the terms of this agreement.

  • In cases where the Dealer violates the terms of this agreement or the Dealer behaves in a manner that is deemed to be damaging to the reputation of APPA Racing, LLC, its personnel and brands, Dealer agrees to compensate APPA Racing, LLC. for all damages suffered by APPA Racing, LLC. Furthermore, Dealer agrees to compensate APPA Racing, LLC for any costs, legal or any other, incurred by APPA Racing, LLC related to the enforcement of this agreement or to actions taken to recover damages.
  1. Termination:
  • APPA Racing, LLC. reserves the right to terminate, in writing, the Dealer agreement and relations at will.
  • Any Dealer account with no purchasing activity for 1 year will be marked as “Closed” and a new Wholesale Dealer Application will need to be submitted to resume ordering
  • If all obligations to APPA Racing, LL. are fulfilled, Dealer may terminate this agreement in writing at any time.