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Terms of Service

Purchaser, upon purchase of the products as stated in this invoice, agrees in full to the terms and conditions of the products below.

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We reserve the right to refuse service to anyone for any reason at any time.

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INSTALLATION AND LABOR COSTS

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RADICAL CUSTOMS assumes no liability for any installation or labor costs the customer may incur in connection with parts purchased from us, even if there was a wrong item received or defective item received. It is the customer’s responsibility to fully inspect all received parts for accuracy and quality before contracting an installation shop to do any labor.

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SUPPLIER CONFIDENTIALITY VIOLATION

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RADICAL CUSTOMS reserves the right to issue any and all refunds or credits if a customer decides to contact a RADICAL CUSTOMS supplier without RADICAL CUSTOMS' consent. Any customer that contacts a RADICAL CUSTOMS supplier without RADICAL CUSTOMS' consent will be in violation of RADICAL CUSTOMS' Terms and Policies and may actually incur penalty charges for performing such an act. All questions about customer purchased orders will go through RADICAL CUSTOMS and RADICAL CUSTOMS alone unless RADICAL CUSTOMS grants approval to a customer to contact a supplier. Such consent will be provided in a documented format.

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FRAUDULENT CREDIT CARD TRANSACTION AND CHARGEBACK POLICY

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Many people that make purchases on the Internet do so with the intent to defraud the merchant. RADICAL CUSTOMS takes credit card fraud very seriously, and that is why we have added this section. A chargeback is when you call your credit card company or bank and tell them to reverse the charges paid to a merchant. Filing a chargeback after receiving merchandise is fraud and we will prosecute anybody that attempts or commits fraud against us.

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If you place a chargeback with your credit card company (on purpose or by mistake) for any order that you placed and received, there will be a $150.00 research fee charged to your account upon receiving the chargeback by our merchant provider to cover our investigative expenses to prove that you did make the purchase. By filing a chargeback, you are also voluntarily revoking your right to return the products that have been sent to you.

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RADICAL CUSTOMS does not tolerate credit card fraud, and all fraud, without exception, will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee downtime, and loss of revenues.

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RADICAL CUSTOMS considers credit card chargebacks to be fraud if you have made no reasonable effort to work with us to resolve any problems with your purchase. All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money. Therefore:

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You agree that if you, the buyer, choose to do business with RADICAL CUSTOMS, and you file a chargeback with your credit card company, and you do not win the chargeback argument, you agree to pay us $150 for our time responding to the matter plus any owed restocking fees that you have agreed to. You, the buyer, authorize us to charge this amount to your credit card. If this charge is rejected (or chargeback again), RADICAL CUSTOMS will pursue legal action to recoup losses for our time associated with responding to the chargeback in addition to any other fees explained above. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur. We take fraud seriously. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach.

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If you file a chargeback prior to returning merchandise and there are outstanding fees due to us (restocking fees or other agreed-upon fees), your merchandise will not be accepted by us. We will either not sign for it (if a signature is required) or will mark it return to sender.

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In the event that you win the chargeback with your credit card company and have not returned our goods, RADICAL CUSTOMS will attempt to recover fraudulently disputed charges plus all other fees owed to us and additional costs via a third-party collection agency, and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. In addition to this, RADICAL CUSTOMS will file a report with your local police or sheriff’s department and file a mail fraud complaint with the United States Postal Inspection Service.

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Note: The customer must attempt to return any and all merchandise to RADICAL CUSTOMS before attempting a chargeback. NO EXCEPTIONS.

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CONFIDENTIAL INFORMATION; NO REVERSE ENGINEERING

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RADICAL CUSTOMS may provide Purchaser with certain confidential or proprietary information (“Confidential Information”). Confidential Information includes information, whether written, electronic, or oral, which Purchaser knows or reasonably should know is proprietary, confidential, or a trade secret of RADICAL CUSTOMS, including any and all design technology, design, technical or business information, the Software including its source codes and documentation, specifications, and design information for the RADICAL CUSTOMS Products, servicing information, customer lists, pricing information, marketing information, policies, procedures, and manuals regarding RADICAL CUSTOMS' Purchasers or distribution channels, research and development, and other proprietary matter relating to the RADICAL CUSTOMS Products or business of RADICAL CUSTOMS. Purchaser will refrain from using the Confidential Information except to the extent necessary to exercise its rights or perform its obligations under this Agreement. Purchaser will likewise restrict its disclosure of the Confidential Information to those who have a need to know such Confidential Information in order for Purchaser to perform its obligations and enjoy its rights under this Agreement. Such persons will be informed of and will agree to the provisions of this Section and Purchaser will remain responsible for any unauthorized use or disclosure of the Confidential Information by any of them. Upon termination of this Agreement (or earlier, upon request by RADICAL CUSTOMS), Purchaser shall cease to use all Confidential Information and promptly return to RADICAL CUSTOMS (or destroy, upon request by RADICAL CUSTOMS) any documents (whether written or electronic) in its possession or under its control that constitute Confidential Information. During the term of this Agreement and thereafter, neither Purchaser, nor Purchaser’s employees, independent contractors, nor other agents shall (a) reverse engineer, decompile, or otherwise disassemble the RADICAL CUSTOMS Products from the products themselves or from any other information made available to them, or (b) otherwise use any of the Confidential Information or RADICAL CUSTOMS provided training to support, maintain or otherwise service a third party’s products or services.

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DISCLAIMER

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EXCEPT AS PROVIDED IN THIS TERMS AND CONDITIONS, RADICAL CUSTOMS MAKES NO OTHER WARRANTY, PROMISE, OR OBLIGATION WITH RESPECT TO THE RADICAL CUSTOMS PRODUCTS, THEIR USE, REPAIR, OR PERFORMANCE. RADICAL CUSTOMS DISCLAIMS ANY WARRANTY, PROMISE, OR OBLIGATION THAT THE RADICAL CUSTOMS PRODUCTS SHALL BE FIT FOR ANY PARTICULAR USE OR PURPOSE, REGARDLESS OF WHETHER SUCH USE OR PURPOSE IS MADE KNOWN TO RADICAL CUSTOMS OR NOT. RADICAL CUSTOMS DISCLAIMS ANY WARRANTY, PROMISE, OR OBLIGATION THAT THE RADICAL CUSTOMS PRODUCTS CONFORM TO ANY SAMPLES OR MODELS. RADICAL CUSTOMS HEREBY DISCLAIMS ALL OTHER WARRANTIES, PROMISES, AND OBLIGATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES, PROMISES, AND OBLIGATIONS ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE WARRANTIES SET FORTH IN THIS SECTION ARE INTENDED SOLELY FOR THE BENEFIT OF Purchaser. ALL CLAIMS UNDER THIS AGREEMENT SHALL BE MADE BY Purchaser AND MAY NOT BE MADE BY PURCHASER’S CUSTOMERS.

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INFRINGEMENT BY THIRD PARTIES

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This purchase is for direct installation only. Purchaser will cooperate fully with and assist RADICAL CUSTOMS in its efforts to protect RADICAL CUSTOMS' intellectual property rights, and therefore may not copy or duplicate or remanufacture solely or with other entities.

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DISPUTES

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Purchaser agrees by purchasing RADICAL CUSTOMS products to agree to the following terms for any and all disputes around any and all issues from purchase. RADICAL CUSTOMS Terms and Conditions are binding and represent the process and determination of all issues. If there are outstanding issues, Purchaser and RADICAL CUSTOMS agree to discuss these issues via email, phone, or video conference and try and determine a solution. There has to be multiple conversations (minimum of 3) to come to a determination. If a determination cannot be achieved, then both parties agree to arbitration. The arbitration will take place in Los Angeles, California, and the arbitration lead will be determined by RADICAL CUSTOMS.

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INDEMNIFICATION

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Purchaser agrees to indemnify and hold RADICAL CUSTOMS harmless from any and all actions, awards, claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees) attributable to Purchaser’s breach of this Agreement or to any negligent, grossly negligent, willful, or unlawful acts or omissions of Purchaser, its employees, officers, agents, subcontractors, dealers, or representatives.

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SHIPPING

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RADICAL CUSTOMS ships only 100% fully functional products, and all products, unless otherwise noted, are brand new. RADICAL CUSTOMS photographs all products and packaging before shipping. RADICAL CUSTOMS warrants our packaging and shipping when RADICAL CUSTOMS coordinates and purchases the entire shipping process. When Purchaser or their agents coordinate and purchase their own shipping, RADICAL CUSTOMS cannot guarantee any damage issues resulting from shipping. We encourage Purchaser to invest in shipping insurance if they are using their own agents and/or brokers. This shipping warranty applies to all U.S. and international shipping. With international shipping, Purchaser agrees to hire a broker before the purchase of products. Purchaser is responsible for all country taxes, tariffs, import taxes, and duty fees. By purchasing the product, Purchaser agrees to pay all shipping charges for all products that are not cleared by Customs, not claimed, or owed tax or customs fees. Any shipping damage MUST be reported within 24 hours of delivery via written communication (email preferred) and must include photos of packaging condition and parts condition.

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Orders are normally shipped within 24-48 hours, however, in some cases, longer shipping times may occur. If you need the part(s) by a specific date, please notify us by phone at 310-948-8586. RADICAL CUSTOMS ships to any location where UPS, FedEx, and the U.S. Postal Service can deliver. Orders destined for locations outside the continental U.S. must be submitted directly through a sales rep so that shipping charges can be calculated. International orders submitted through our website will be put into review by a sales rep, and you will be contacted with the shipping charge for your approval before we process your payment. Multiple item orders may be shipped separately and on different days. Any costs incurred by RADICAL CUSTOMS for unauthorized shipment refusal and without first obtaining an RMA number from RADICAL CUSTOMS, will result in those costs being deducted from any refunds or store credit that the customer is entitled to. A 25% restocking fee will be charged on any order if delivery is refused, or 10% restocking fee for store credit. Any authorized return shipment to RADICAL CUSTOMS or RADICAL CUSTOMS' suppliers that incur shipping damage will have a shipping damage claim filed with the corresponding shipping companies. All refunds to be issued will be temporarily postponed until such damage claims are settled with that courier. If it is determined that the damage to the return shipment was not caused by the courier, then the customer will not be entitled to any refunds, and the item can be shipped back at the customer’s expense. We will only ship to your billing address linked to the credit card unless you fill out our address form. International shipping costs on returns are not the liability of RADICAL CUSTOMS at any time and must be paid for by the customer in the return process.

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WRONG PARTS RECEIVED (SHIPPING ERROR, CORRECT PARTS WERE ORDERED)

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RADICAL CUSTOMS makes every attempt to ship all orders quickly and accurately. Occasionally, a mistake is made, and the customer receives an incorrect part. It is required that the customer verify that all delivered items match the Sales Order before any installation takes place. If the part has been installed, painted, or modified in any way, the customer now owns the part, and it is non-returnable. In the case incorrect parts are received, the customer must contact RADICAL CUSTOMS within 15 days to report the error. After 15 days all sales are final. If the error is verified by RADICAL CUSTOMS, an exchange for the correct part will be processed. The customer must obtain an approved RMA number from RADICAL CUSTOMS and ship back all item(s) in their original packaging with 100% of the original contents prior to RADICAL CUSTOMS sending out the replacement product. RADICAL CUSTOMS will not ship out the correct merchandise until confirmation of receipt of the product is acquired by RADICAL CUSTOMS. Customer may opt to place a deposit which is 100% of the cost of the item in order to expedite the shipment of the correct product. Once the return shipment is received, RADICAL CUSTOMS will issue a full refund for the additional purchased product. If the customer decides not to keep the product instead of receiving a replacement because it is damaged, defective, incorrect, and/or lost in transit, a 25% restocking fee will be applied for the return as this will then be considered a return under the conditions of "Decide Not to Keep Parts” or 10% restocking fee for store credit. For domestic returns, RADICAL CUSTOMS will pay the shipping costs. Any costs incurred by RADICAL CUSTOMS for unauthorized shipment refusal and without first obtaining an RMA number from RADICAL CUSTOMS, will result in those costs being deducted from any refunds or store credit that the customer is entitled to. Any authorized return shipment to RADICAL CUSTOMS or RADICAL CUSTOMS' suppliers that incur shipping damage will have a shipping damage claim filed with the corresponding shipping companies. All refunds to be issued will be temporarily postponed until such damage claims are settled with that courier. If it is determined that the damage to the return shipment was not caused by the courier, then the customer will not be entitled to any refunds, and the item can be shipped back at the customer’s expense. For international returns, shipping costs will be paid by the customer. Items sent back without an approved RMA number will be refused.

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A Return Authorization Number that is issued by RADICAL CUSTOMS is valid for 15 days from the day that it is issued. Items must be sent using a service that is trackable and shows it is in the courier's possession no later than 15 days from the day that the RMA is issued. If your package is sent beyond the 15-day allotted time limit, RADICAL CUSTOMS and RADICAL CUSTOMS' suppliers reserve the right to refuse the return. RADICAL CUSTOMS also will not issue another RMA # for this item if the previously issued RMA # has expired already.

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PRODUCT WARRANTIES

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Limited Manufacturing Warranty. RADICAL CUSTOMS warrants for a period of 24 hours following delivery of the Products (the “Warranty Period”) that the Products shall be free from defects in materials and workmanship. Any defects or damage MUST be reported within 24 hours of delivery via written communication (email preferred) and must include photos of packaging condition and parts condition. RADICAL CUSTOMS' sole obligation under this warranty shall be to provide, at no charge to Purchaser, replacement Products. Defective Products must be returned to RADICAL CUSTOMS (at Purchaser’s cost) in order to receive a warranty replacement (unless RADICAL CUSTOMS determines such return is not necessary) and shall become Purchaser’s property. For a warranty claim to be made, Purchaser must follow the procedures established by RADICAL CUSTOMS.

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Product is delivered in raw, manufactured condition. Purchaser or their shop, will have to prep, sand, primer, paint, and custom fit product to the target vehicle. The target vehicle will have to be cut, welded, and sealed for purchased products to function properly.

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LOST SHIPMENTS

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In the event that a shipment is lost by a shipping company (UPS, FedEx, USPS, etc.), a claim will be filed by the original shipper with that shipping company. RADICAL CUSTOMS reserves the right to issue any and all refunds, exchanges, or replacements until the shipping company has reimbursed RADICAL CUSTOMS for the insured value of the lost shipment. Any deviation from this rule will be solely conducted by RADICAL CUSTOMS at its own discretion.

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Any shipment that is shipped from RADICAL CUSTOMS location will carry an insured value. Any lost or missing shipments will be pursued with the corresponding shipping company for that shipment. Due to the fact that some products sold by RADICAL CUSTOMS are not actually stocked by RADICAL CUSTOMS, any insurance claims for lost or missing shipments will be conducted solely at the discretion of the supplier that had originally shipped out the merchandise. RADICAL CUSTOMS does not have any authority to carry out such insurance claims if RADICAL CUSTOMS was not the original shipping company.

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For non-signature-required shipments: If the tracking information that corresponds to a shipment confirms that the product was delivered to the intended address, the customer assumes all responsibilities and liabilities for the receipt of that shipment. The customer is the one who provides RADICAL CUSTOMS with the ship-to information and in doing so absolves RADICAL CUSTOMS of any liabilities for missing or stolen deliveries.

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