In this Agreement & Disclaimer ("Agreement") "you" and "your" refer to each customer or website visitor, "we", us" and "our" refer to TopBrakes. (doing business as TopBrakes.com), its contractors, agents, employees, officers, directors and affiliates (hereinafter "TopBrakes") and "Services" refers to the products and services provided by us.

TopBrakes PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY :

THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL SITE-RELATED GOODS AND SERVICES.

TopBrakes makes no statement of warranty or guarantee, written or oral, express or implied. The Purchaser must assume all responsibility arising from malfuntion, damage, or misuse. This includes all products we sell, or services provided.

Some manufacturers offer warranties, and we will assist our customers in filing warranty claims with these manufacturers.

Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you.

TopBrakes, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. THIS INCLUDES WITHOUT LIMITATION ANY DAMAGES TO PROPERTY OR OTHER ECONOMIC LOSSES THAT MAY BE INCURRED.

YOUR SOLE AND COMPLETE REMEDY FOR DISSATISFACTION WITH THE SITE OR ITS SERVICES IS A REFUND OF THE PURCHASE PRICE OF GOODS OR SERVICES PURCHASED.

TopBrakes SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

In addition, TopBrakes does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.

TopBrakes respects the privacy rights of it's customers and visitors to our website. We do not sell, rent, or lease any personal information (including e-mail addresses) to any third party companies.

SOME OR ALL OF THE PRODUCTS OFFERED ON THIS SITE MAY VOID MANUFACTUER OR OEM WARRANTIES.

ALL ORDERS WILL BE CHARGED AT THE TIME OF SALE. In stock items will ship within 24-72 hours of purchase. NON STOCKING ITEMS ARE CONSIDERED SPECIAL ORDER. SPECIAL ORDER ITEMS ARE BILLED AND CHARGED IN ADVANCE. Every effort will be made to identify Special Order items when purchasing. Special Order items such as Brake Pads which must be imported from overseas, Custom Made Brake Lines, SP Performance Brake Rotors, and other special order items normally ship within 2-3 weeks from ordering.

ORDER CHANGES / CANCELLATIONS

ALL CANCELLATION REQUESTS MUST BE SUBMITTED USING OUR WEBSITE. (http://www.topbrakes.com/contact.cfm) YOU MUST RECEIVE AN EMAIL FROM A TopBrakes TECHNICAL SALES REPRESENTATIVE TO HAVE YOUR ORDER CANCELLATION CONFIRMED. A NOTE OF CAUTION: Orders through our website are processed electronically. Once your order has been placed - the window of opportunity to cancel your order is very small. We urge our customers to know what they are ordering and ASK ANY QUESTIONS BEFORE ORDERING. All cancellations are subject to a 10% processing fee. Cancellation requests on items that have shipped previous to the request are considered completed orders, and will be rejected. Some specialty items are not returnable/refundable/cancelable under any circumstances. NOTE REGARDING SP PERFORMANCE ROTORS: SP PERFORMANCE ROTORS ARE CUSTOM, MADE-TO-ORDER PARTS. ORDER CANCELLATION OR CHANGE REQUESTS FOR A DIFFERENT STYLE WILL NOT BE ACCEPTED AFTER ORDERING - NO EXCEPTIONS.

TopBrakes is only responsible for shipment, not delivery. We ship all merchandise complete, properly packaged, and insured. Any damage, loss, or missing claims must be made with the carrier. Shipments are made to only the Continential United States at this time.

A note regarding shipments to non-verified addresses: While you can request your package to be delivered to alternative addresses, We recommend having your order delivered to your verified (Bill-to) address. If you request delivery to an alternative address - your recourse if your parcels are lost, stolen, or damaged may be limited.

A note regarding ‘Signature Not Required’ shipments: If you request delivery of your order as ‘Signature Not Required’ or ‘Leave at the door’ - your recourse if your parcels are lost, stolen, or damaged may be limited.

Customers who request non-verified address shipping or ‘Signature not Required’ shipping will be responsible for filing any loss or damage claims directly with the freight carrier.

All claims must be made within 15 days or delivery. For processing Loss or Damage claims- or if you suspect shipping damage, follow these instructions: 1) INSPECT ALL PACAKGES BEFORE SIGNING FOR THEM. If you suspect damage, open the package and inspect the item(s). If damage is present tell the delivery person and note it on the receipt. Receive the shipment and sign the delivery receipt with "exception" in case of a damaged package(s). 2) Contact UPS or Fedex Immediately, and SAVE ALL PACKAGING MATERIALS. The shipping company will send out an inspector to inspect the goods. DO NOT THROW THE PACKAGING AWAY, they must see everything. 3) After Inspection- the shipping company will return the items to the shipper. No damage claims are re-imbursed until the claim is settled by the shipper. This normally takes 7-10 working days.

Customers who request non-verified address shipping or ‘Signature not Required’ shipping will be responsible for filing any loss or damage claims directly with the freight carrier.

RETURNS

* TopBrakes will gladly accept returns under these guidelines:
* All Returns must be authorized and be issued a valid RMA # - See Below
* ALL RETURN REQUESTS MUST BE SUBMITTED USING OUR WEBSITE.
(http://www.topbrakes.com/contact.cfm)
IF your return is approved, you will receive return shipping instructions and a Return Merchandise Authorization (RMA#) through e-mail.
* Unused, Uninstalled items, or items determined to be defective , may be returned within 30 days from the date of purchase.
* Special Order items are not returnable/refundable/cancelable under any circumstances.
This includes SP Performance Brake Rotors .
* Customer is responsible for all freight charges incurred with a return or exchange.
* When returning any type of rotors: Be sure to follow our Rotor Return Instuctions.
( http://www.topbrakes.com/images/rotor_return_instructions.pdf )
* Refusal of a shipment does not constitute a right to return or credit.
Refused shipments and undeliverable address shipments that are returned will be charged the full shipping charges BOTH ways AND a 20% restocking fee.  KNOW YOUR ADDRESS.

Merchandise shipped from TopBrakes to our customers is always complete, properly packaged, and insured. It is the customer's responsibility to see to it that any item returned to TopBrakes is insured to protect the customer from loss. Any damage, loss, or missing claims must be made with the carrier. Unauthorized customer returns, or returns that are mis-shipped, mis-packaged, or mis-delivered, will not be 'tracked down' and are not the responsibility of TopBrakes.

IT IS THE CONSUMERS RESPONSIBILITY TO VERIFY THE CORRECTNESS AND FIT OF THE PARTS BEFORE USE. ANY USED OR INSTALLED PARTS RETURNS WILL BE AT THE SOLE DISCRECTION OF THE COMPANY. WE WILL GLADLY CORRECT OUR OWN ERRORS AT OUR EXPENSE. RETURNED PARTS WILL BE ASSESSED A 20% RESTOCK FEE.