Legal notice

RACE CLUB FABRICATION
PRODUCT & SERVICE TERMS — OFF-HIGHWAY USE, RELEASE OF LIABILITY, INDEMNIFICATION & LEGAL EXPENSES

IMPORTANT: THESE TERMS CONTAIN AN ASSUMPTION OF RISK, A RELEASE OF CERTAIN NEGLIGENCE CLAIMS, LIMITATIONS ON RECOVERABLE DAMAGES, AND OBLIGATIONS TO PAY CERTAIN DEFENSE COSTS AND ATTORNEYS’ FEES. READ THEM BEFORE ACCEPTING AN ORDER OR AUTHORIZING WORK.

1. Scope and agreement

These terms apply to automotive and motorsport products and services purchased from Race Club Fabrication, also known as Race Club (“Race Club,” “we,” or “us”), when incorporated into an order or service agreement and affirmatively accepted by the customer.

Covered products and services include parts, components, assemblies, custom fabrication, welding, chassis and cage work, modifications, installations, adjustments, and technical services. These terms apply whether a product is designed or manufactured by Race Club or by a third party, and whether it is stocked, specially ordered, or shipped directly by a supplier.

References to the “Protected Parties” mean Race Club and its owners, officers, employees, and agents acting within the scope of their work for Race Club. Those persons are intended beneficiaries of the applicable protections in these terms.

2. Off-highway and competition use only

UNLESS RACE CLUB EXPRESSLY IDENTIFIES A SPECIFIC PRODUCT AS SUITABLE FOR LAWFUL HIGHWAY USE IN THE SPECIFIED APPLICATION, OUR AUTOMOTIVE PERFORMANCE PRODUCTS, CUSTOM FABRICATION, AND VEHICLE MODIFICATIONS ARE OFFERED FOR LAWFUL OFF-HIGHWAY OR CLOSED-COURSE COMPETITION USE ONLY.

Restricted products must not be used on public streets or highways. Competition-only products must be used exclusively in legally eligible competition applications. Recreational off-road use, occasional track use, or operation on private property does not automatically qualify for a competition exemption.

A fitment listing, vehicle application, photograph, description, or recommendation does not establish street legality, emissions compliance, or approval for a particular racing class.

You represent that you will use restricted products only in lawful applications consistent with their stated restrictions.

3. Compliance and customer information

You must provide complete and accurate information about the vehicle, existing modifications, intended use, installation requirements, and applicable competition rules. Race Club may rely on information you provide when quoting, selecting components, and performing the agreed work.

You are responsible for complying with laws governing your possession, installation, operation, modification, resale, and use of products and vehicles, including applicable emissions, noise, registration, equipment, and competition requirements.

Nothing in these terms authorizes emissions tampering or the manufacture, sale, installation, or use of prohibited defeat devices. An off-highway or competition label does not create a legal exemption.

Race Club may refuse an order, suspend work, or decline a requested modification when the intended application is unlawful, unsafe, incompatible, or outside the agreed scope. Any amounts owed or refundable remain subject to the accepted order terms and applicable law.

4. Installation, operation, and maintenance responsibilities

You must arrange installation and inspection by persons qualified for the particular work. Follow applicable instructions, torque specifications, clearances, operating limits, inspection intervals, and replacement requirements.

Custom vehicles, engine swaps, and combinations of aftermarket components may require additional engineering, supporting modifications, tuning, or verification. Do not assume that individually compatible components will function safely together in every configuration.

You must inspect the vehicle and equipment before operation and after impacts, unusual loads, or suspected damage. Stop use immediately if there are cracks, deformation, leaks, loose hardware, abnormal operation, or other indications of an unsafe condition.

You must provide applicable instructions and warnings to persons to whom you transfer a product or vehicle or permit its use. This obligation does not make those persons parties to this agreement or waive their independent rights.

5. Assumption of risk and express release of ordinary negligence

MOTORSPORT, RACING, OFF-HIGHWAY DRIVING, AND VEHICLE MODIFICATION INVOLVE RISKS OF COLLISION, ROLLOVER, COMPONENT FAILURE, FIRE, SERIOUS INJURY, PERMANENT DISABILITY, DEATH, AND PROPERTY DAMAGE.

Modifications may change handling, braking, stability, structural behavior, and factory safety-system operation. Competition and severe use can accelerate wear and produce loads beyond ordinary operating conditions.

You voluntarily accept the inherent risks associated with the motorsport and recreational off-highway activities you choose to undertake.

TO THE EXTENT A PRE-INJURY RELEASE IS LAWFUL FOR THE PARTICULAR TRANSACTION, YOU EXPRESSLY RELEASE THE PROTECTED PARTIES FROM CLAIMS ARISING FROM YOUR VOLUNTARY MOTORSPORT OR RECREATIONAL OFF-HIGHWAY USE OF THE PRODUCTS OR SERVICES IDENTIFIED IN YOUR ACCEPTED ORDER, INCLUDING CLAIMS CAUSED BY A PROTECTED PARTY’S ORDINARY NEGLIGENCE IN PRODUCT SELECTION, ASSEMBLY, FABRICATION, INSTALLATION, ADJUSTMENT, INSPECTION, OR TECHNICAL GUIDANCE.

This release is intended to include legally releasable claims for personal injury, death, and property damage arising within that stated scope. It does not release strict product-liability claims for defective goods or any claim excluded under Section 12. It does not release claims belonging independently to someone who has not validly agreed to the release.

6. Safety equipment, performance, and scope of work

Roll cages, chassis reinforcement, seats, harnesses, helmets, fire systems, and other safety equipment cannot guarantee survival or prevent every injury. Components must be selected and used as a compatible system and maintained according to their instructions and applicable rules.

Unless expressly included in the accepted scope of work, Race Club does not undertake a complete inspection, engineering certification, or safety certification of the vehicle. Work on one component does not establish the condition or suitability of unrelated components.

Unless expressly promised as part of the transaction, Race Club does not guarantee a particular horsepower figure, lap time, competition result, service life, inspection outcome, or sanctioning-body approval. Results depend on the vehicle, installation, supporting components, operating conditions, maintenance, and use.

General website content, videos, automated chat responses, and technical discussions do not replace inspection of the actual vehicle. Nothing in this section negates an enforceable express warranty or an expressly agreed specification.

7. Third-party products and warranty limitations

Third-party manufacturer warranties, where provided, are governed by the manufacturer’s applicable terms. Race Club does not assume a manufacturer’s warranty obligations unless it expressly agrees to do so or applicable law requires it.

For Race Club products and services, any applicable express warranty remains governed by its stated terms.

EXCEPT FOR APPLICABLE EXPRESS WARRANTIES AND WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED, RACE CLUB DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

A disclaimer applies only where legally permitted and any required disclosure requirements have been satisfied. It does not apply where a written warranty or service contract prevents the disclaimer. This section does not negate enforceable descriptions, promises, or statutory seller obligations.

8. Limited remedies and economic liability

For claims consisting solely of economic loss from breach of contract or warranty, and only where applicable law permits the limitation, the customer’s exclusive remedy shall be, at Race Club’s election, repair, replacement, re-performance of the affected service, or refund of the amount paid for the affected product or service.

Race Club must have a reasonable opportunity to inspect the alleged problem and provide the selected remedy within a reasonable time. This provision does not restrict emergency measures reasonably necessary to prevent injury or further damage.

TO THE EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL ECONOMIC DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST RACING OPPORTUNITIES, OR LOSS OF USE, EVEN IF ADVISED THAT SUCH LOSSES WERE POSSIBLE.

For claims legally subject to a contractual cap, the Protected Parties’ combined liability for economic loss shall not exceed the amount actually paid to Race Club for the particular product or service giving rise to the claim.

These limitations do not restrict remedies required by an applicable express warranty or mandatory law, or remedies available when an exclusive remedy fails its essential purpose. They do not cap personal-injury damages or override Section 12.

9. Customer indemnification and defense obligations

To the extent permitted by law, you agree to indemnify and hold the Protected Parties harmless from third-party claims, liabilities, judgments, reasonable settlements, and reasonable defense expenses, including attorneys’ fees, to the extent caused by:

• Your unlawful use or negligent misuse of a product or vehicle;

• Your unauthorized alterations or failure to follow applicable instructions or warnings;

• Materially inaccurate vehicle or intended-use information supplied by you;

• Your breach of the use restrictions or other obligations in these terms; or

• Negligent installation or other work performed by you or by persons you retain independently of Race Club.

For a third-party claim within this indemnity, upon written tender you must provide a defense or, at Race Club’s election and to the extent permitted by law, reimburse reasonable defense expenses as incurred.

Race Club may select counsel and control the defense of an indemnified claim, subject to applicable law and insurance obligations. You must reasonably cooperate and may not settle a claim in a manner that admits fault by a Protected Party, imposes an obligation on a Protected Party, or fails to release a Protected Party without Race Club’s written consent.

Defense costs must be allocated between covered and uncovered matters as required by law. Any amounts advanced beyond your lawful obligation must be reimbursed or credited.

This section does not require you to indemnify a Protected Party for that party’s own negligence, defective products, fraud, gross negligence, willful misconduct, or other conduct excluded by law. It concerns third-party claims; disputes between you and Race Club are governed by Section 10.

10. Attorneys’ fees, litigation expenses, and choice of counsel

If Race Club prevails in a legal action or proceeding between you and Race Club arising out of or relating to these terms, an accepted order, or products or services purchased from Race Club, Race Club shall be entitled, to the extent permitted by law, to recover its reasonable attorneys’ fees, recoverable court costs, and other reasonable litigation expenses from you.

Recoverable expenses include those lawfully incurred in defending claims, enforcing contractual obligations, pursuing or defending an appeal, establishing entitlement to recoverable fees, and enforcing a judgment.

Race Club may retain counsel of its own choosing, subject to applicable law and insurance obligations. The court or other tribunal with authority over the dispute shall determine entitlement to fees, prevailing-party status, and the reasonableness of recoverable amounts.

This provision is reciprocal wherever applicable law requires reciprocity. Statutory restrictions on fee recovery, including protections applicable to consumer claims, control over this provision. Bringing a claim does not, by itself, create an obligation to pay Race Club’s legal expenses.

11. Notice of problems and preservation of evidence

Promptly notify Race Club of a suspected defect, installation issue, or other claim at sales@raceclubfabrication.com. Include the order number, affected product or service, vehicle information, and a description of the issue.

Stop using an item or vehicle that may be unsafe. Preserve relevant parts, photographs, instructions, and records, and provide a reasonable opportunity for inspection before destructive testing, disposal, or alteration, except where necessary for safety or required by law.

These duties do not shorten a statutory deadline or make notice or inspection a prerequisite to a claim where applicable law prohibits that requirement.

12. Mandatory exclusions and preserved rights

Every release, disclaimer, indemnity, remedy limitation, damage exclusion, and liability cap in these terms is subject to this section.

Nothing in these terms excludes or limits liability for fraud, gross negligence, recklessness, willful misconduct, strict product liability for defective goods, or violations of law where exclusion or limitation is prohibited. Nothing waives mandatory consumer protections, required warranties, recall obligations, or rights that applicable law makes nonwaivable.

These terms do not transfer Race Club’s regulatory obligations to the customer or prevent reporting concerns to a regulator or cooperating with a lawful investigation.

13. Governing law and forum

To the extent permitted by applicable law, California law governs these terms. Subject to mandatory jurisdiction and venue requirements, disputes shall be brought in the state courts located in San Bernardino County, California, or, where federal subject-matter jurisdiction exists, the United States District Court for the Central District of California.

This provision does not deprive a consumer of nonwaivable protections or require a forum prohibited by applicable law. Eligible small-claims proceedings may be brought in a court authorized by law.

14. Interpretation and continuing effect

An express written agreement signed by Race Club that specifically addresses a subject controls over a conflicting general provision in these terms. Applicable express warranties and mandatory law remain controlling.

If a provision is unenforceable, it shall be severed to the extent legally permitted without invalidating the remaining provisions. No provision authorizes a court to enforce an otherwise prohibited waiver.

Provisions concerning accepted risks, releases, indemnification, liability limitations, and dispute expenses survive completion of the transaction to the extent applicable and enforceable. Later changes to website terms do not retroactively alter a completed transaction without a valid agreement.

Customer acknowledgment

I have read and affirmatively agree to these terms. I understand the applicable off-highway and competition-use restrictions and acknowledge the risk of serious injury, death, and property damage.

I SPECIFICALLY ACKNOWLEDGE THE RELEASE OF CERTAIN ORDINARY-NEGLIGENCE CLAIMS IN SECTION 5, THE LIMITED REMEDIES AND ECONOMIC-DAMAGE RESTRICTIONS IN SECTION 8, THE INDEMNIFICATION AND DEFENSE OBLIGATIONS IN SECTION 9, AND THE ATTORNEYS’ FEES PROVISION IN SECTION 10.

I understand that these provisions apply only within their stated scope and as permitted by law.