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Company - Terms & Conditions

Shipping Terms
FOB Wareham, MA. 
All Sales from Factory Five Racing, Inc. are made FOB Wareham, MA.  While we are happy to assist in arranging shipping for your chassis kit, customer is responsible for all freight charges and shipping charges.  Any and all legal disputes are governed by the laws of the State of Massachusetts.

Payment
Orders are scheduled for production with a $1,000.00 deposit. Balance is due 10 days prior to the given production completion date, via wire transfer or check. Credit card payments beyond the $1,000.00 deposit subject to 1% service charge.

Refunds
Kit orders are subject to a $250 cancellation fee if order is cancelled more than 10 days prior to the given production completion date. Deposit becomes non-refundable 10 days prior to production completion date or beyond.  Paid kit or part orders held for more than one calendar year without shipment are non-refundable.

Damages
Factory Five Racing, Inc., takes all possible steps to ensure your parts arrive in good condition.  Please inspect your order completely, while driver is present if possible and have him/her note any damages.  If the damages are found after delivery, call the carrier (UPS, Federal Express, Post Office, Trucking Company, etc) immediately for an inspection.  Factory Five is not responsible for freight damages.  Report any/all damage incidents to shipping carrier.

Missing/Backordered Parts
Please inspect the contents of your shipment carefully.  Any parts noted as missing from a shipment or incorrectly packed should be communicated immediately by calling 508-291-3443. Factory Five will help to identify and locate or replace the missing item/s as necessary. Parts noted as missing beyond 45 days after the delivery date must be purchased at the current retail price.

Return Policy
Normally stocked products may be returned, freight prepaid, within 30 days and are subject to a 15% restocking charge, unless the goods are for an exchange. All items must be in new condition and in the original packaging. No returns on electrical parts, special order parts, or kits that have been shipped. Any special order part must be prepaid prior to production and we will not accept returns on these parts under any circumstances. Any returns within 60 days of shipment date will be accepted for credit towards future purchases. Any part thereafter may be returned with prior approval. Factory Five Racing has the right to refuse any return. Factory Five guarantees its products to be free of defects due to workmanship or materials. Liability is limited to repair or replacement of our products, further limited by the warrantees that may be offered by the manufacturer if the item is a purchased item from another company or supplier. The seller hereby expressly disclaims all warranties, either express or implied, including any warranties of merchantabilities or fitness for purpose in connection with the sale of this part(s) and/or service. Building your own car and Racing are dangerous endeavors, the buyer expressly assumes the risk of all personal, property, or economic injury resulting from the use of said products.

For any return, please call Customer Service at (508) 291-3443 to obtain a Return Goods Authorization Number.  The return number must be clearly marked on the outside of the package. Packages will not be accepted without prior authorization. Please have your invoice and/or pack list available when calling.  Customer Service hours are 9:00 am - 5:00 pm EST Monday – Friday.

Disclaimer of Warranty
Except as may be specified in writing, Factory Five makes no warranties, expressed or implied, on the products (parts, or kits) offered for sale.  All implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed by Factory Five.

While Factory Five products are thoroughly tested under actual race conditions, Factory Five can not control the quality of the installation or application of these products.  The products offered for sale are true race car components, the installment of which often requires considerable time and fabrication skill.  Before attempting any installation or assembly, the purchaser should completely review all drawings and instruction sheets accompanying a product to determine the suitability of the product for the intended use, the time, and level of skill necessary for correct installation or assembly.

Factory Five does not make any warranty, expressed or implied, or other representation about the use of any of its products under specific applications. Factory Five products are expressly sold for custom car-building, racing and off-road use and are not intended to be used in conventional passenger or other legal highway applications.

Purchaser expressly ASSUMES THE RISK of all personal, property and economic injury, damage or loss, either direct or indirect, arising from the use, misuse, or failure to determine the appropriate use of any Factory Five product.

Pricing
Prices, descriptions and specifications are subject to change without notice. Please review your invoice for accuracy and final prices.

Titling/Registration and applicable state laws
Factory Five Racing, Inc. is a manufacturer of custom car, hot rod, and race car parts.  We do not, and can not ensure whether the part or kit that you purchase will comply with any or all individual state laws for its use.  Please know your state laws and regulations before purchasing any part or product from Factory Five Racing, Inc.

Re: Carroll Shelby and almost 10 years of litigation
COBRA and 427 are registered trademarks.  Factory Five Racing, Inc. is not connected to the holders of these marks.

In February, 2001, Factory Five Racing, Inc., and Shelby mutually agreed to the entry of a Consent Judgment (“Order”) in litigation brought byShelbyin the United States District Court, District of Massachusetts whereby, among other things, Factory Five agreed not to use the word “Cobra” to describe our products.  Factory Five agreed to this since it was not using these marks anyway and, for obvious reasons, it wanted to avoid any association whatsoever withShelby.  In return,Shelbyagreed to forever dismiss any claims relative to the shape of the Factory Five Roadster and Type 65 Coupe and other designs.

Factory Five Racing wants you to know that we do not recommend or encourage the use of COBRA badges on our Factory Five vehicles.  We are proud of our products and there is nothing we want less than to be associated in any way with him, his company, or Shelby products.

 

WEBSITE TERMS AND CONDITIONS OF USE

BY ACCEPTING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE.

Modification of Terms
Factory Five Racing, Inc. may, at any time and without notice, amend these terms and conditions (“Terms”), or may limit or deny access to, or change the content of, the website. You should periodically visit this page to review the then current Terms to which you are bound. When leaving this website, please read the website terms and the privacy policy applicable to any such website to ensure you understand and agree with the terms applicable to that website.

Applicability
Information and materials displayed on the website, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in the United States and not necessarily to Factory Five Racing products sold in other markets.

Restricted Use and Copyrights
All photographs, audio and video clips, picture images, graphics, links, website architecture, format, layout and data structures, and all other items contained on the website are copyrighted unless otherwise noted and may not be used in any manner, except as provided in these Terms or in the website text, without Factory Five Racing’s prior written permission. Images of people or places and Factory Five Racing products, are either property of, or used with permission by, Factory Five Racing. Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes. You may browse this website and download or print a copy of material displayed on the website for your personal use only and not for redistribution, unless consented to in writing by Factory Five Racing, Inc. This limited consent shall automatically terminate upon your breach of any of these website Terms.

Trademarks
Ford, Mustang, Cobra, Shelby, 427 S/C, AC, Daytona, and 289 FIA are all registered trademarks. Factory Five Racing, Inc. is not connected to the holders of these trademarks. Factory Five designs, engineers, and manufactures component kit cars of its own proprietary design.

Factory Five Racing, Factory Five Racing product names, logos, and symbols are trademarks and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing on this website without the express prior written consent of Factory Five Racing, Inc., except as permitted by applicable laws. Other marks and logos shown on this website may be marks owned by third parties not affiliated with Factory Five Racing, and are used with permission. Nothing shown on this website should be construed as granting, by implication, or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this website without the written permission of Factory Five Racing, or the third party owner. The use of any Factory Five Racing logo or mark, whether registered or unregistered, as a hyperlink to this website is strictly prohibited unless consented to in writing by Factory Five Racing, Inc.

Disclaimers
All data contained on the website relating to third-party products or services, including but not limited to, prices and services, should be verified with the party supplying the product or service. Factory Five Racing may at any time without notice amend the data displayed on the website. While Factory Five Racing endeavors to periodically update posted information, not all information may be current, and Factory Five Racing does not guarantee the accuracy or reliability of such data. Specifications on the website are for comparison purposes only. Factory Five Racing is not responsible for any loss or damage caused by your reliance on any data contained on this website.

This website is provided as a convenience to you on an “as is” and “as available” basis. Factory Five Racing does not warrant that your access to these website pages will be uninterrupted or error-free. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SITE PAGES. FACTORY FIVE RACING, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF FACTORY FIVE RACING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Factory Five Racing assumes no responsibility and/or liability for any damages to or viruses that may infest your computer equipment or other property on account of or arising out of your use of or access to this website. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Factory Five Racing’s liability in any case shall, however, be limited to the greatest extent permitted by law.

Links
Factory Five Racing, Inc. may include links to other sites on the Internet that are owned or operated by third parties. When visiting these third-party sites, you do so at your own risk. You should review and determine if you agree to a particular site’s terms and conditions of use before using such site. Factory Five Racing does not control these sites and assumes no responsibility for their content. A link to a third-party site does not imply that Factory Five Racing endorses the site or the products or services described on such sites.

Governing Law
This website is governed by and subject to the laws of local State and U.S. federal law.