Factory Five Racing

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 2% 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.

Kit deposit are non refundable if original kit completion date is postponed or delayed.

Paid kit or part orders held for more than one calendar year without shipment are non-refundable.

Kit deposits are non-refundable after one (1) year from the original order date.

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.