1. TERMS OF AGREEMENT -- The Agreement between Purchaser and Motorsport Marketing, Inc. (Motorsport Marketing) shall consist of these Terms and Conditions and any specifications, drawings, samples, or other written terms and conditions which are specifically incorporated in the Agreement. Any purchase order, acknowledgment or other instrument of Purchaser, or acceptance of the goods and services provided hereunder by Purchaser, shall be construed as an acceptance of this Agreement. Motorsport Marketing hereby objects to any different or additional terms and conditions of Purchaser. In the event of conflict between these terms and conditions and other provisions specifically incorporated in writing in the Agreement by Motorsport Marketing, the latter shall prevail unless otherwise specifically provided herein. The Agreement shall not be modified or altered by any subsequent course of performance between Purchaser and Motorsport Marketing. In rendering any service hereunder, Motorsport Marketing shall be an independent contractor.

2. PAYMENT -- Payment on all orders shall be made by credit card. We accept Visa and MasterCard. You will safely enter your entire credit card number via our secure server, which encrypts all submitted information. Your credit card will be charged prior to the shipment of your order. Unless otherwise notified, your order will ship without further confirmation.

3. SHIPPING AND DELIVERY -- In-stock orders will be shipped within 2 working days of order receipt. All orders will be shipped UPS or RPS ground. Delivery time is expected to be six to ten days from time of shipment.

4. SHIPPING AND HANDLING COSTS --

5. RETURNS AND CANCELLATIONS -- Our return policy is simple. Within 10 days of receipt of your order, you may return any item in its original condition for a full refund, less shipping and a restocking fee of 15%. You may only return an item if you have received a return authorization number. You can also cancel unshipped items. To cancel or return an order, please send us an e-mail or call our office at the phone number provided on our storefront home page. You will receive a return authorization number. Please write the reason for your return on the back of your packing slip along with the return authorization number. Enclose the packing slip with your signature, wrap the package securely, and send it to the address listed on the back of your packing slip. No products may be returned for credit or adjustment without an official return authorization number from Motorsport Marketing.

6. MODIFICATIONS - Motorsport Marketing reserves the right to change or modify the design of and construction of any of its products or the procedures and methods for any of its services without incurring any obligation to furnish or install such changes or modifications on products previously or subsequently sold or to use such procedures or methods with respect to services previously or subsequently provided. This means that availability of certain products or models my change thereby affecting allocation without notice to any purchaser.

7. WARRANTY -- (A) Any manufacturers' warranties, if any, shall pass through to Purchaser to the extent permitted by law; (B) THE EXPRESS WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. PURCHASER'S SOLE REMEDY IS ADDRESSED IN SECTION 12 AND MOTORSPORT MARKETING'S SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN MATERIALS OR WORKMANSHIP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THIS SECTION.

8. TIME OF DELIVERY -- Promises of delivery of products or services are given as accurately as conditions permit and every effort will be made to make deliveries as scheduled. All shipping and performance dates are based on receipt of firm orders with complete information contained therein. Motorsport Marketing assumes no liability for damages arising out of failure to deliver material or services as scheduled. All shipments are F.O.B. Motorsport Marketing's warehouse or Motorsport Marketing's plant, as the case may be, or other designated point as mutually agreed upon in writing.

9. FAILURE TO DELIVER - Motorsport Marketing shall not be liable for failure or delay in delivery services or products for any reason. Motorsport Marketing shall have such additional time within which to perform as may be reasonably necessary under the circumstances and shall have the right to apportion its production and services among its customers in such manner as it may consider to be equitable. All claims regarding shortages must be made within thirty (30) days from receipt of shipment, and must be accompanied by the packing list(s) and appropriate documents covering the shipment.

10. PURCHASER INDEMNIFICATION OF MOTORSPORT MARKETING -- Purchaser agrees to indemnify, defend and hold Motorsport Marketing harmless from and against all claims, demands, actions whether civil or administrative, liability, fines, penalties and expense, whether based on warranty, contract, negligence, strict liability or otherwise.

11. NONCONFORMING GOODS OR SERVICES -- Purchaser shall notify Motorsport Marketing in writing of any alleged nonconformity of goods and/or services tendered by Motorsport Marketing under this Agreement within ten (10) days after receipt of the goods or services or within five (5) days after the alleged nonconformity could have been reasonably discovered, whichever date shall be the later. Such written notice shall provide a detailed explanation and description of the alleged nonconformity. In the event that Motorsport Marketing agrees with Purchaser's nonconformity assessment(s), Motorsport Marketing shall have the right, at its sole option, to cure the improper tender or delivery by correcting the tender or substituting tender of conforming goods and/or services within a reasonable time after receipt of Purchaser's notice of nonconformity. Purchaser shall grant Motorsport Marketing's reasonable requests for extension of time to effect the cure of any improper tender. Purchaser's failure to provide notice of nonconformity as above-described shall be prima facie evidence of conformity of the goods and services tendered by Motorsport Marketing under the Agreement.

12. PURCHASER'S DUTY TO PRESERVE NONCONFORMING GOODS -- In the event that Motorsport Marketing has no agent or place of business at the location for tender of the goods, Purchaser shall protect and preserve all allegedly nonconforming goods and shall strictly follow the reasonable instructions of Motorsport Marketing. Purchaser shall incur only those expenses that are reasonable and necessary in fulfilling its obligation to protect and preserve all allegedly nonconforming goods.

13. LIMITATION OF LIABILITY -- The liability of Motorsport Marketing, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of Motorsport Marketing's obligations in connection with the design, manufacture, sale, delivery, storage, installation and/or use of the products sold under the Agreement, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services, and shall in no event include damages for loss of profits or revenue; loss by reason of plant shut-down; increased expense of operation of plant or equipment; increased cost of purchasing or providing equipment, materials, supplies or services; cost of replacement power or capital; claims of Purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.

14. CONTROLLING LAW -- The Agreement shall be interpreted and governed in all respects by the laws of the State of Missouri.

15. VENUE -- Venue for any civil action relating to or arising out of the Agreement shall be exclusively in Jackson County, State of Missouri.

16. SEVERABILITY -- If any provision of these Terms and Conditions is deemed illegal, unenforceable, or unconscionable, the remainder of the Terms and Conditions shall not be affected thereby.

16. WAIVER -- Any waiver of any right or provision of these Terms and Conditions by Motorsport Marketing at any time shall not be construed as a waiver or bar of any such right or provision at any future time, unless expressly stated by Motorsport Marketing in writing.