Terms & Policies
CV Performance Terms and Conditions of Sale
Special Note regarding USPS shipping: All deliveries are subject to USPS delivery times and we cannot control delays due to circumstances beyond our control. Once we ship an item it is in the hands of the postal service. CV Performance makes no claim or guarantee as to delivery times. The Delivery Confirmation number supplied with all packages does not always supply end to end tracking, and the postal service is not required to post updates online until the package is delivered. Please do not select the free shipping option if you require delivery in less than 7 days (excluding weekends and holidays). Priority Mail is the only trackable and time sensitive option. Items declared "delivered" by USPS are the responsibility of the buyer.
Priority Mail shipping should be selected at checkout where prompt delivery times are required.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") AND SITE USE VERY CAREFULLY.
THE CUSTOMER AND/OR USER AGREES TO BE BOUND BY ANY AND ALL SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS PRIOR TO AND AT TIME OF PURCHASE (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH CV PERFORMANCE. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement and policy is a legal contract between the Customer or User and CV Performance. The Customer accepts this Sale Agreement and our policies by making a purchase, placing an order, or otherwise shopping on the website. (References to "you" or "your" shall relate to the Customer; references to "CV Performance" or "CVP" shall relate to CV Performance.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
References to "Site" or "website(s)" refer to this website or those owned or operated by CV Performance. Customer refers to those making purchases or engaging with this site.
The Sale Agreement constitutes the entire agreement between the Customer and CV Performance relating to the purchase or sale of goods or services on the Site, or transactions otherwise performed between both parties. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in writing signed by CV Performance. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement.
The Customer consents to receiving electronic records including receipts and correspondence, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting CV Performance at the address provided below. Seller is not responsible for delivery or receipt errors concerning electronic communications not received by either buyer or seller. Opting out of newsletters or other emails may interfere with the receipt of future correspondence but shall not prevent the seller from providing transactional correspondence when necessary.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN HILLSBOROUGH COUNTY, FLORIDA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Purchased goods; Risk of Loss
Goods herein being purchased remain the property of the seller until goods are paid for in full by the purchaser and at that time goods pass to the purchaser. Loss or damage that occurs during shipping by a carrier selected by CV Performance is the buyer's responsibility. Loss or damage that occurs after delivery confirmation is made by the carrier is Customer's responsibility. Product liability shall not be passed to CV Performance based on paid or unpaid status.
General Legal Disclaimer
CV PERFORMANCE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY CV PERFORMANCE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Third-Party Product Disclaimer
Any product sold by CV Performance from a third party are subject to the warranties and representations of the applicable manufacturers. Accordingly, CV Performance makes no representation or warranty with respect to any third-party products sold or distributed.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, CV Performance reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. CVP reserves the right to cancel any transaction made affected by errors in pricing or advertising without liability.
While CV Performance uses reasonable efforts to include accurate and up-to-date information on the website(s), media, and/or advertised materials, CV Performance makes no warranties or representations as to the accuracy of said website(s) or materials either stated or implied. CV Performance assumes no liability or responsibility for any errors or omissions in the content, statements, policies, images, prices, or any other media on website(s) or other media or communications.
Limitation of Liability
CV PERFORMANCE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, PERSONAL LOSS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CV PERFORMANCE WILL NOT BE LIABLE FOR PRODUCTS, ACCESSORIES OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, CV PERFORMANCE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE ACTUAL PURCHASED PRODUCTS(S) DIRECTLY FROM CV PERFORMANCE UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), CV Performance's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act, and those adopted by the state of Florida. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Hillsborough County, Florida. Each party shall bear its own cost of any legal representation, discovery, costs or research required to complete arbitration regardless of prevailing party.
You agree that: (i) www.cv-performance.com shall be deemed solely based in the State of Florida; and (ii) www.cv-performance.com shall be deemed a passive Web site that does not give rise to personal jurisdiction over CV PERFORMANCE, either specific or general, in jurisdictions other than the State of Florida. This policy is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Hillsborough County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING WWW.CV-PERFORMANCE.COM YOU CONSENT TO THESE RESTRICTIONS. You and CV PERFORMANCE shall select the arbitrator, and if you and CV PERFORMANCE are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and CV PERFORMANCE and your and CV PERFORMANCE’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or CV PERFORMANCE be entitled to punitive, special, indirect or consequential damages and both you and CV PERFORMANCE hereby waive your and CV PERFORMANCE’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and CV PERFORMANCE, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Hillsborough County, Florida.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon CV Performance until accepted by CV Performance. Terms of payment are within CV Performance's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. CV Performance may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order. CV Performance reserves the right to collect on past due debts by any means possible and make public any debt as we feel necessary.
All orders are shipped FOB shipping point (FOB Origin) and the responsibility of the buyer. Shipping and handling charges on all orders vary; contact CV Performance for our most current rates. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. Where an alternative shipping address is specified by the Customer or incorrect address is supplied, CV Performance shall not be responsible for shipping errors, loss, damages, or shipping charges. In some circumstances, international shipping may be available but is not covered by any guarantee. Note that all deliveries are subject to USPS delivery times and we cannot control delays due to circumstances beyond our control. Once we ship an item it is in the hands of the postal service and propert of the buyer. CV Performance makes no claim or guarantee as to delivery times. Please do not select the free shipping option if you require delivery in less than 7 business days (Monday through Friday).
Customer is responsible for all items delivered to a residence or business by USPS. CV Performance is not responsible for lost or stolen items after USPS has scanned a package as "delivered".
Customer Recharges or Payment Disputes
A customer may not dispute or file a recharge on items already shipped or in transit to the customer's destination. All orders are shipped FOB shipping point (FOB Origin) and the responsibility of the buyer. A shipping loss or claim is to be filed with the carrier and subject to a 30 day period of investigation. Orders under shipping investigation may not be recharged or filed as disputed. Filing a recharge or dispute on orders that have been shipped and otherwise delayed by the carrier is considered fraud. CV Performance reserves the right to publicly display and post messages concerning customers engaged in activities we consider fraudulent in any form, and will take all actions we consider appropriate or necessary to counter any fraudulent activity. CV Performance shall not be held liable in any way in regards to actions we consider necessary to protect our brand, reputation, and business.
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- CV Performance's return policy applies only to defective or damaged products, except where a satisfaction guarantee for a particular product has been stated. For further information please contact CV Performance. Returns are not accepted for delayed postal delivery times or items incorrectly ordered. Our detailed return policy may be updated periodically and should be considered our policy of record. The general policy may be viewed or downloaded by going to:
- Contact CV Performance to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when emailing for an RMA number: customer name, order number, and nature of the problem. A receipt must accompany the RMA when returned. Items purchased through an authorized reseller must be returned to that point of sale. Resellers and authorized dealers reserve the right to enforce their own return policies, which shall not override the policies of CV Performance.
If a product is being returned under a satisfaction guaranteed promotion, a refund for the original purchase amount will be issued upon receipt and inspection. Products that have been abused or defaced will not be accepted. Satisfaction guarantee refunds are for the original purchase amount only, less the original shipping amount paid by CVP or any return shipping charges incurred.
- All products returned MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original labels, and contain all manuals if originally supplied. Items contained within kits or assemblies must be returned along with all items of the original kit.
- Customer is responsible for all shipping charges on returned items including original charges when ordered; CV Performance will match your shipping method on your replacement or exchange item(s) only when replacing damaged or warrantied products.
- CV Performance strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection. Customer bears all shipping charges and responsibility for any shipping loss/damage of any return.
- If you receive merchandise that is damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for CV Performance to file a damage claim. Buyer must report damages to USPS prior to contacting CV Performance. Save the merchandise AND the original box and packing it arrived in, notify CV Performance immediately following the report to the shipper. If you do not notify CV Performance of damaged goods within the first 24 hours of receipt, we reserve the right to deny any return claim. Shipping damage will require pictures of the damaged packaging and goods. Original damaged packaging must be saved and returned when requested.
- DEFECTIVE returns should be returned to the point of original sale within 30 days from the invoice date. All returns to CV Performance will be at our discretion for: replacement, exchange or repair. Failure to report an error or defect within 30 days of purchase will result in a denial or the return request. Returns not accepted on discontinued or closeout products.
- Manufacturer restrictions do apply and are outlined in our return policy. Any item that is missing the UPC and/or original packaging can ONLY be replaced with the same/like item if authorized by the manufacturer. After 10 days, all manufacturers' warranties apply. Our suppliers do not warranty gaskets, seals, electrical, or sensor products.
Electronics, electrical, ignition parts, wires, oxygen sensors, sensor parts, wear parts, brake pads, or consumables are NOT returnable, refundable or exchangeable unless specified by the manufacturer themselves. The customer placing the order for the item is solely responsible for selecting the correct item based on part numbers for a given model.
- NON-DEFECTIVE returns (by special arrangement) can only be accepted directly by CV Performance within 30 days of the invoice date. All NON-DEFECTIVE returns if authorized by special arrangement and issued a RMA will be subject to a 15 percent restocking fee. Buyer is responsible for contacting seller within the 30 day period to notify of any errors with the shipped product. Shipping and/or handling fees by either seller or buyer are not refundable.
- Due to manufacturers' policies, return acceptance of the following brands may require additional inspection and authorization: CyclePro LLC products, Hawk products, gasket and seal products, products distributed by MID-USA, HardDrive, Monarch, Cambridge, Walker, or other vendors used by CV Performance. DEFECTIVE merchandise can be returned for REPAIR OR EXCHANGE ONLY and only after confirmation that the item was defective prior to any use or installation. This excludes any discontinued products which are non-returnable for any reason. Additional manufacturers may be added to this list as manufacturer policies change, manufacturer business status changes, or in any case of specially ordered items.
- Returns that are authorized must occur within 30 days of invoice. IF an authorized return is accepted after 30 days, only replacement or repair will be issued. Original shipping charges are not refunded nor credited on returned or repaired items. Customers are responsible for all shipping charges back to CV Performance or a manufacturer on authorized returned items, and CV Performance will only pay the shipping on the replacement item(s) going back to the original customer only.
- Refer to our complete return policy for other details. Policies are subject to change and effective as of date when RMA is requested.
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If for any reason there is an error with an order, CV Performance will ship out a replacement at our own discretion using the identical shipping method used for the original order. We do our best to ensure order accuracy however if an error should occur we will attempt to remedy the error within reason. Special handling or shipping services are excluded. Order errors are not eligible for refund, recharge, discounts, or any other service exceeding the original cost of the product. Delivery errors by your postal carrier should be taken up with your local postmaster and is between the customer and USPS to resolve. All orders are shipped FOB Origin and therefore become the responsibility of the buyer after the seller has performed the duty of successfully shipping an item.
Check payment policy
CV Performance will accept a cashiers check or money order on all COD orders to authorized dealers only, or as accepted by the carrier. Retail orders are not eligible for COD. CV Performance will accept business checks from authorized dealers only. Other payment options and terms are at the discretion of CV Performance including special arrangements between seller and authorized dealer.
Credit card or debit card charges are processed online at the time of ordering products. Seller utilizes a third-party payment processor for security purposes and never has access to personal payment information. At no time will CVP or our service providers have access to a customers complete credit card number or personal information, nor do we store any complete personal information. CV Performance only uses services that are PCI compliant to insure security. CV Performance does not apply any surcharge for credit card transactions. Payments may also be made through Paypal.
Contacting CV Performance
Contact By Mail (billing address, no walk-ins or retail sales):
501 S. Falkenburg Rd. Ste D7
Tampa, FL 33619
Telephone (DEALERS ONLY): 1-800-473-1287
Support: Contact us direct or post a message to our support forum
We do not provide support for non CVP Brand products, or mechanical advice beyond that of any supplied instructions. CV Performance is not liable for any advice, instructions, or recommendations provided either directly or indirectly. Consult your service manual and/or a qualified service technician for all work performed on any vehicle.
Sorry we are unable to retrieve messages left by non dealers on our dealer line. As a manufacturer and distributor, CV Performance does not accept orders or inquiries by phone from non-dealers. Please contact one of our authorized dealers or online catalog resellers should you need to place an order by phone. Non-dealer customers may contact us by email with questions regarding products or orders. Shipping status is available by logging in to your account if registered. Customers who checked out as a "Guest" should wait 7-10 business days (Mon-Fri) before emailing us to manually track a package. We do not accept tracking requests or other retail inquiries by phone. These policies are designed to keep prices low, allow us to function as a manufacturer/distributor, and support our dedicated dealers.
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