BMW E39 M5 - 1999-2003 – Garagistic PLUS

Products on our website are intended for Off-Road use ONLY (unless specifically stated otherwise). Our products are never to be used on public streets or highways. Special Orders: Items designated as Special Order cannot be canceled once ordered from the Vendor. Returned Special Order items are subject to a 10% special order return fee. Garagistic Plus may refuse returns on any Special Order items for any reason. Warranty: Garagistic Plus does not offer any warranty on the products it sells. All items are covered by the manufacturer’s warranty only. Credit for defective merchandise will only be issued once the product is inspected and the claim approved by the manufacturer. Unless the manufacturer agrees to cover it, all return shipping for warranty items is the responsibility of the customer. Returns: Garagistic Plus only accepts returns within 30 days of the date of purchase. Returned items must be new, unused, and in resellable condition with all pieces included. All returns are subject to approval by Garagistic Plus. Garagistic Plus may refuse returns on any Special Order items for any reason. Return shipping is the responsibility of the client. All return shipments must be insured, and the client must file any loss/damage claims. When approved for inspection, a Return Merchandise Authorization (RMA) number will be issued, which must be clearly noted on the shipping waybill and packaging. Returns sent to any other facility other than the warehouse listed on the RMA will result in delayed credit processing times. Garagistic Plus will refuse any incoming shipments without an RMA number. Garagistic Plus applies a repackaging fee of up to 20% of the value of the product to any returns received without acceptable packaging. We reserve the right to refuse a return on any items not authorized before hand. It is the customers responsibility to arrange return shipping for any items that are rejected through the return process. Refused Shipments: If a shipment is refused and is returned to Garagistic Plus by the carrier, the client will be billed any return shipment fees as well as the cost to resend the shipment. This includes shipments where the carrier is unable to deliver after multiple attempts. Damage Claims/Shipment Shortages: The recipient of the shipment must report all damage and loss claims within 24 hours of receipt. Garagistic Plus will provide all necessary documentation as well as initiate the claim with the carrier. The recipient must keep all packing materials so the carrier can inspect them. Garagistic Plus accepts zero responsibility for clients and/or their customers who misplaced or discarded the packaging of a damaged shipment. After reporting the loss/damage with the carrier, contact Garagistic Plus immediately with pictures of the damaged item(s) and packaging to proceed with the claim. Off-Road Use Only Products and Emissions Regulation: Unless explicitly stated otherwise, all products sold by Garagistic Plus are designated Race Only and are solely for competition/off road use limited to racing formally sanctioned by a recognized racing organization. Any other use, including recreational off- road use, may be in violation of local, state, and Federal laws. Garagistic Plus does not implicitly or explicitly confirm the legality of using any products it sells on public roads; that is entirely the responsibility of the consumer. Garagistic Plus tries to make this information available whenever possible, but when in doubt, clients should review the legality of products prior to purchase. Manufacturer’s Policies: Certain manufacturers have polices on advertising, sales, and pricing which must be adhered to. As a distributor for these brands, Garagistic Plus is obligated to enforce these policies. Pricing: Prices are always subject to change without notice, and pricing errors are not the responsibility of Garagistic Plus. If a pricing error occurs, we will either refund the order in full, or give the customer the option to pay the difference. Implied Fitment: Product compatibility and vehicle fitment data found on Garagistic Plus is implied information used solely to improve navigation within the website. Final product compatibility with the user's vehicle is the responsibility of the user; Garagistic Plus makes no claims on the implied fitments as being factual or true to all user's vehicles. Garagistic Plus will not be held liable for any misinformation regarding product compatibility and vehicle fitment. We do appreciate any information that can better improve our product data accuracy and are open to any suggestions. Calls: Phone calls may be recorded for training purposes. Liability disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GARAGISTIC PLUS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. GARAGISTIC PLUS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GARAGISTIC PLUS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GARAGISTIC PLUS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHASE BAYS, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. Termination/access restriction Garagistic Plus reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Garagistic Plus as a result of this agreement or use of the Site. Garagistic Plus's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Garagistic Plus's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Garagistic Plus with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Garagistic Plus with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Garagistic Plus with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms Garagistic Plus reserves the right, in its sole discretion, to change the Terms under which Garagisticplus.com is offered. The most current version of the Terms will supersede all previous versions. Garagistic Plus encourages you to periodically review the Terms to stay informed of our updates. We do not alter pricing on previously placed items to reflect current sale prices. Disputed charges will result in a life-time ban from GaragisticPlus; reach out to us to resolve any and every issue; We do not cover installation costs, you are responsible with all costs regarding installation and use of the products. Lifetime Bans from GaragisticPlus: We love working with customers to resolve any issues that may arise and do so in a timely manner disputing only slows down the process for everyone as we need to dedicate time and resources to resolving a matter that could have been solved directly by us. By using this website you agree to all these terms. Acceptance of Terms: This agreement contains the complete terms and conditions that apply to your participation in our site. If you wish to use the site including its tools and services please read these terms of use carefully. By accessing this site or using any part of the site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services in the site. Modifications of Terms of Use: Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the site reflects the latest agreement and you should carefully review the same before you use our site. Use Of the Site: The site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally-binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. Registration Information: For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of www.Garagistic.com’s privacy policy. Terms: This agreement will remain in full force and effect while you use the website. You may terminate your membership at any time for any reason by following the instructions on the “termination of account” in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the service and we terminate your membership in the service because you have breached this agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this agreement will remain in effect. Links & Framing: Illegal and/or unauthorized uses of the services, including unauthorized framing of or linking to the sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (I) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites. Warranty Disclaimer and Exclusions/Limitations of Liability: We make no express or implied warranties or representations with respect to the program or any products sold through the program (including, without limitation, warranties of fitness, merchant ability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content, and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk. Intellectual Property Rights: You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the intellectual property rights, in and to the site, and that you will not acquire any right, title, or interest in or to the site except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from, de-compile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto. Confidentiality: You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a program is proprietary information of www.garagisticplus.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner. Non-Assignment of Rights: Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this agreement, without liability to us. However, we may assign this agreement to any person at any time without notice. Waiver: Failure of the www.garagisticplus.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions, and covenants shall continue to be in full force and effect. Sever-ability of Terms: In the event that any provision of these terms and conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these terms and conditions shall remain valid and enforceable according to its terms. Entire Agreement: This agreement shall be governed by and construed in accordance with the substantive laws of Huntington Beach, without any reference to conflict-of-laws principles. The agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the contents and materials provided by or through the site, and the subject matter of this agreement. Choice of law; jurisdiction; forum: Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Huntington Beach, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

BMW E39 M5 - 1999-2003

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