Please do not hesitate for any questions, comments, concerns, or general assistance that will make your experience with us more convenient.
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Performance Products 4 Benz Web Site Agreement
Performance Products 4 Benz is a division of Transamerican Auto Parts Company, LLC.
The Performance Products 4 Benz web site (the "Site") is an online information service provided by
Performance Products 4 Benz, subject to the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Performance Products 4 Benz MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
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Copyright, Licenses and Idea Submissions:
The entire contents of the Site are protected by U.S. and international copyright and trademark laws.
The owner of the copyrights and trademarks is Performance Products 4 Benz, its affiliates, or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to Performance Products 4 Benz a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to Performance Products 4 Benz by all means
and in any media now known or hereafter developed. You also grant to Performance Products 4 Benz the right
to use your name in connection with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto. You agree that you shall have no
recourse against Performance Products 4 Benz for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to Performance Products 4 Benz.
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Use of the Site:
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Performance Products 4 Benz PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Performance Products 4 Benz SHALL NOT BE LIABLE FOR ANY PRICING ERRORS, OR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Performance Products 4 Benz DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY IN NO EVENT WILL Performance Products 4 Benz BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF Performance Products 4 Benz OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Performance Products 4 Benz'
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Performance Products 4 Benz makes no representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-Performance Products 4 Benz Web site,
please understand that it is independent from Performance Products 4 Benz, and that Performance Products 4 Benz
has no control over the content on that Web site. In addition, a link to a Performance Products 4 Benz Web site does
not mean that Performance Products 4 Benz endorses or accepts any responsibility for the content, or the use, of such Web site.
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Indemnification:
You agree to indemnify, defend and hold harmless Performance Products 4 Benz, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement,
including negligent or wrongful conduct) by you or any other person accessing the Service.
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Third Party Rights:
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of
Performance Products 4 Benz and its officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own behalf.
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Term; Termination:
This Agreement may be terminated by either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
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Miscellaneous:
This Agreement shall all be governed and construed in accordance with the laws of the State of California
applicable to agreements made and to be performed in California. You agree that any legal action or proceeding
between Performance Products 4 Benz and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction
sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Performance Products 4 Benz’ failure to insist upon or enforce strict performance of any provision of this
Agreement 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 provision of this Agreement. Performance Products 4 Benz
may assign its rights and duties under this Agreement to any party at any time without notice to you.
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Misprint:
Performance Products 4 Benz is not responsible or obligated to honor any price or quantity misprint on the Site.
Errors can and do occur despite best efforts to avoid them. Prices, quantities and terms listed on the Site are advertisements only.
They are not offers to contract. Any purported purchases made by you on the Site remain subject to review and acceptance
by Performance Products 4 Benz.
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Reservation of Rights:
Any rights not expressly granted herein are reserved.
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These offers are for a limited time only.
We reserve the right to end any sale or promotion at any time without prior notice.
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Product Promotions and Discounts
Discounts appear in shopping cart. Discounts do not apply to already discounted items, sets, wholesale accounts, tires or tire packages, wheels, Brembo brakes, Mobil 1 Products, rebuilt engines, cylinder heads, AMG Wheels, Lorinser Wheels, Carlsson Wheels, tools and cannot be combined with other offers, including ’free’ offers.
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Shipping Promotions
Shipping promotion appears at checkout. Free shipping applies to UPS Ground (standard) shipping and select products only. To qualify, your order must be shipped within the continental United States and purchase total must equal or exceed minimum amount specified. Orders will ship when entire order is ready. Normal shipping fees will apply to products not included in the promotion. Oversize shipments subject to additional charges. Void where prohibited.
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Sale or Clearance Pricing
Item availability is limited to stock on hand and can be discontinued at any time. Adding an item to your cart does not guarantee the price and it may change while in your cart. When an item goes out of stock, we remove the item from our website as soon as possible; sometimes there may be a slight delay. We will notify you if you placed an order with an item that is no longer available. Some of these items come back into stock, while others are closeouts and are gone forever.