Terms and Conditions

By accessing and using the Foose Performance website at https://fooseperf.com ("Site"), you agree to be bound by these Terms & Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. These terms apply to all visitors, customers, and users of the Site and in-shop services.

1. Acceptance of Terms

By accessing and using the Foose Performance website ("Site"), you agree to be bound by these Terms & Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

2. Products and Orders

Product Information

We strive to be as accurate as possible in the product descriptions and pricing on our Site. However, we do not warrant that product descriptions or other content is entirely accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price due to a typographical error or systems error, Foose Performance reserves the right to refuse or cancel any orders placed for that product.

Order Acceptance

Your receipt of an electronic order confirmation does not constitute our acceptance of your order. Foose Performance reserves the right to accept or decline your order for any reason, including product availability, errors in product or pricing information, or problems identified during payment verification.

Pricing

All prices are listed in U.S. dollars and are subject to change without notice. Prices do not include applicable taxes, shipping, or handling fees unless expressly stated.

3. Payment Terms Updated

Accepted Payment Methods

Foose Performance accepts the following forms of payment for online purchases:

• Major credit cards (Visa, Mastercard, American Express, Discover)
• Debit card

Payment is due in full at the time your order is placed. Your credit or debit card will be charged when the order is submitted. Orders will not be processed or shipped until payment has been received and verified. We use industry-standard encryption and secure payment processing to protect your financial information.

Refunds & Cancellations

Refunds for online part orders are subject to the terms outlined on our Shipping & Returns page. Custom-ordered or special-order parts are non-refundable. Deposits for service work are non-refundable once parts have been ordered on your behalf.

Sales Tax

Applicable Colorado state and local sales tax will be added to all orders at checkout or on the final service invoice, as required by law.

4. Shipping and Delivery

• Shipping Region: We ship only to the 48 contiguous states in the USA.
• Shipping Method: Most items ship via UPS Ground. Larger items may require UPS Oversize or Truck Freight.
• Handling Fees: If a handling charge applies to an item not listed on the website, we will telephone you for your approval before the order is processed.
• Risk of Loss: All items purchased from the Site are shipped pursuant to a shipment contract. Risk of loss and title for such items pass to you upon delivery to the carrier.

5. Repair & Service Work Updated

All in-shop repair, maintenance, fleet service, and performance upgrade work is subject to the following terms:

• Authorization: Work will not begin on your vehicle without your express authorization, whether written, verbal (recorded), or electronic.
• Parts: Unless otherwise agreed, Foose Performance will select replacement parts at its professional discretion. If you request specific brands or OEM parts, costs may vary from the original estimate.
• Completion Time: Estimated completion dates are provided in good faith but are not guaranteed. Delays may occur due to parts availability, additional repairs discovered during service, or scheduling constraints.
• Vehicle Pickup: You are responsible for retrieving your vehicle within 5 business days of notification that work is complete. Storage fees apply thereafter as outlined in the Payment Terms section.

6. Privacy and Data Protection

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms & Conditions by reference. By using our Service, you consent to the collection, use, and disclosure of your personal information as outlined in the Privacy Policy, including using your contact information for service-related communications and order updates.

7. Intellectual Property

The content, organization, graphics, design, compilation, and other materials related to the Site are protected under applicable copyrights, trademarks, and other proprietary rights. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without the express written consent of Foose Performance.

8. Warranty Disclaimer

Foose Performance acts as a retailer and does not provide any express or implied warranties beyond those offered by the original manufacturer of the products. All products sold on this Site are subject to the warranties, if any, of their respective manufacturers.

This Site and all information, content, materials, products, and services included on or otherwise made available to you are provided on an "as is" and "as available" basis. Foose Performance disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

For full warranty details, please visit our Warranty page.

9. Limitation of Liability

To the fullest extent permitted by applicable law, Foose Performance shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising from your use of or inability to use the Site or our services.

In no event shall Foose Performance's total liability to you for all claims exceed the amount you paid to Foose Performance for the specific product or service giving rise to the claim.

10. Dispute Resolution

We value our customer relationships and want to resolve any concerns quickly and fairly. If you have a dispute regarding any product, service, or transaction with Foose Performance, please contact us first so we can attempt to resolve the matter informally. Most concerns can be addressed through a phone call or email:

Foose Performance — Dispute Contact

Phone: (970) 405-7458

Email: foose.performance@gmail.com

Address: 326 18th St, Greeley, CO 80631

We commit to responding to all written dispute notices within 10 business days and will make a good-faith effort to resolve the issue within 30 calendar days of initial contact.

11. Links to Third-Party Sites

The Site may contain links to other websites. Foose Performance is not responsible for the privacy practices or the content of such websites. We encourage users to review the privacy policy and terms of service of any third-party site they visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

12. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration as described above, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Weld County, Colorado.

13. Changes to Terms

Foose Performance reserves the right to modify or replace these Terms & Conditions at any time. Any revisions will be posted on this page with an updated effective date. Material changes will be highlighted for a reasonable period following the update. Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms & Conditions.