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Terms and Conditions

Terms & Conditions of Sales For Warehouse Distributors

Effective October 1, 2015

Granatelli Motor Sports’ Warehouse Distributor Program is open to all automotive companies that are legally licensed to transact business in their principal State. Certification of this license and/or any applicable tax certificates are required upon application to the program. Granatelli Warehouse Distributors must agree to and be capable of meeting the following terms and conditions:

1] Initial Order

a) New Granatelli Motor Sports’ Warehouse Distributors are expected to place an opening order of not less than $5,000.00

b) Mass Airflow Sensors that are included in the initial order qualify for an exclusive GMS 120 day guaranteed sale. (1)

2] Minimums

a) A minimum annual purchase requirement of $15,000 is expected from each warehouse distributor. Failure to meet this requirement jeopardizes the dealer’s WD status.

b) There is a $250.00 minimum requirement on individual purchase orders. (2)

3] Terms

a) Applicants for the Warehouse Distributor Program must complete a Granatelli Credit Application. (Credit terms, as a method of payment is not a requirement of the WD Program.)

b) Credit terms are offered at C.I.A. (Credit Card or Cash In Advance). After 1 years of maintained WD status certain customers may qualify for Net 15-Days (from shipping date) (O.A.C.)

c) Invoices are expected to be paid in full when due. Unauthorized adjustments in anticipation of possible credit memos for returned goods is not permitted.

d) Past due invoices are considered delinquent and will result in outstanding orders being placed on “hold”.

e) Account balances that are routinely in arrears will result in the loss of purchase ability under the Warehouse Distributor Program and/or the loss of credit terms through Granatelli Motor Sports.

f) Past due invoices accrue interest charges at a rate of 18% per year, compounded daily.

4] Pricing

Qualified Warehouse Distributors may purchase Granatelli products at current published WD price.

5] Advertising

Granatelli Motor Sports may provide an advertising allowance based upon certain criteria. Considerations for advertising Co-op include, (but are not limited to); The current volume of business, the quality of proposed advertisements, frequency of ads offering Granatelli products and the placement in certain media publications. Advertising allowances are reflected in percentages and deducted from line items on Granatelli invoices. Co-operative advertising allowances are subject to the following conditions:

a) The Granatelli Motor Sports logo must be displayed in all media advertising where Granatelli products are featured.

b) Granatelli Motor Sports products may not be represented in Company supported advertising (Co-op) where they are offered at less than the current Jobber level.

c) In order to safeguard the interests of Granatelli Motor Sports and protect the integrity of its products, the Company reserves the right to suspend or revoke advertising allowances for just cause, but without notice.

6] Freight Policy

All shipments are F.O.B. Oxnard, California.

a) Single orders in excess of $7,500.00 are shipped Full Freight Allowed to destinations within the 48 contiguous United States (Alaska and Hawaii excluded).

b) Freight carriers and schedules are at the discretion of Granatelli Motor Sports. Express services & preferred carriers requested by Warehouse Distributors on qualified free-freight orders cause the obligation for freight charges to revert to the Distributor.

c) “Refused Shipments” are not allowed. Non-acceptance of product shipped from Granatelli Motor Sports will result in a future requirement of “Pre-payment only”.

1. In the unlikely event of a misdirected shipment or an error in order processing, the Warehouse Distributor must contact Granatelli Motor Sports for return shipping instructions.

2. Distributors are required to report shortages within 48 hours following receipt of goods.

7] Drop Shipments

a) Drop-shipments are limited to 10% (in dollars) of a WD’s monthly purchases.

b) Drop-Ship orders are assessed a $10 fee (in addition to regular shipping & handling charges) on applicable invoices, with the following exceptions:

1. A drop-shipment is necessary due to an original shipping error on the part of Granatelli Motor Sports.

2. When, in the opinion of Granatelli Motor Sports, a direct shipment serves the best interests of the end user.

8] Returns Policy

a) Return shipments will not be accepted at Granatelli Motor Sports without a Return Goods Authorization (RGA) number.

b) Returned parts must be the same product for which the RGA number was issued.

c) New & unused returns must be in brand new condition & in the original packaging. A restocking fee of 25% will be charged on returned goods.

d) Parts being returned under the provisions of a Granatelli warranty are to be shipped pre-paid and clearly identified by an assigned RGA number.

1. Granatelli Motor Sports will not accept shipments sent C.O.D.

2. The Company does not provide nor otherwise honor billing for reimbursement of prepaid shipping costs.

e) Warranty returns are received on an inspection basis. Granatelli Motor Sports reserves the right to dispose of warranty claims through the issuance of a credit memo, repair & return of goods, or complete replacement of parts at its discretion.

Procedure:

a) Contact Granatelli Motor Sports’ Customer Service Department to obtain an RGA number M-F 8AM-5PM (PST).

b) Include in your package any documentation requested by your Customer Service Representative.

c) Mark the outside of your package clearly on the top and two sides of your box with your assigned RGA number. Insure your shipment for full replacement value as in-transit damage is not covered by our limited warranty.

9] Stock Adjustments

a) Warehouse Distributors are allowed one stock adjustment per year which must be accompanied by a 2 for 1 offsetting order.

b) Returned inventory must be new & unused in its original packaging.

c) Stock adjustments must be approved by Granatelli Motor Sports in advance of shipment and must be supported by an offsetting order.

d) Product that is added to RGA designated stock adjustments without authorization will be returned to the distributor.

e) Annual stock adjustments may not exceed 5% of the Warehouse Distributor’s previous 12-month purchases.

(1) Requests for return authorization under the Granatelli 120-day guaranteed sale must be accompanied by a one-for-one offsetting order. All other stock adjustments require a 2 for 1 offsetting order.

(2) Orders not meeting the minimum requirement are assessed a processing fee of $25.00

Website Terms of Service

NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE:
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions ( specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the www.granatellimotorsports.com website or any other Granatelli Motor Sports, Inc. (GMS hereafter) owned, operated, licensed or controlled site. Elements of GMS websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any GMS website may be copied or retransmitted unless expressly permitted by GMS.

GMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL GMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE:
IN NO EVENT SHALL GMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
See GMS NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.

LINKS TO THIRD PARTY SITES:
THE LINKS IN THIS AREA WILL LET YOU LEAVE GMS'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF GMS AND GMS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GMS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. GMS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY GMS OF THE SITE.  QuickTime and the QuickTime Logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries. The Get QuickTime Badge is a trademark of Apple Computer Inc., used with permission.  GMS IS NOT AFFILIATED WITH OR  ENDORSED BY GENERAL MOTORS, CHEVROLET, PONTIAC, GMC, CADILLAC, FORD, LINCOLN, MERCURY, WINNEBAGO, OR ANY OF THEIR RELATED COMPANIES OR SUBSIDIARIES.  ALL PHOTOS FROM THE ABOVE ARE THE TRADEMARKS AND PROPERTY OF THEIR RESPECTIVE OWNERS, USED WITH PERMISSION.

UNSOLICITED IDEA SUBMISSION POLICY:
GMS OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN GMS'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO GMS. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO GMS OR ANYONE AT GMS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT GMS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

FEEDBACK AND INFORMATION:
ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE CONFIDENTIAL. GMS IS WILL USE THIS INFORMATION FOR THE INTERNAL PURPOSES OF IMPROVING INTERNAL SERVICE, METHODS, OR PROCEDURES ONLY.

COPYRIGHT NOTICE:
Copyright © 1998-2013 Granatelli Motor Sports, Inc., 1000 Yarnell Place, Oxnard, California 93033-2454 - All rights reserved.

SHIPPING WEIGHT INFORMATION:
All products have BILLABLE weights listed, product weights may not reflect the actual weight of the products.

SHIPPING CONFIRMATION:
All products are shipped SIGNATURE REQUIRED. This is for buyer and seller protection and verifies that the products ordered arrive to the buyer.

TRADEMARKS:
GMS, GSS, GRANATELLI SIGNATURE SERIES, GranSpeedo, MONSTER FLOW, SECRE-TRAC, SUPERFORMANCE, TYRE FRYER, GMS LOGO AND GSS LOGO and/or other GMS products referenced herein are either trademarks or registered trademarks of GMS. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.  Any rights not expressly granted herein are reserved.

ORDERS WHERE THE BILLING ADDRESS DIFFERS FROM THE SHIPPING ADDRESS:
Any orders where the billing address differs from the shipping address has to be paid for with a bank / wire transfer. We will notify the buyer with the account information of where to wire the funds to, to pay for the product / service. Any funds received using the regular website payment method, will be refunded to the customer.

INTERNATIONAL ORDERS OR ORDERS USING A COURIER:
Any International orders or orders using a courier have to be paid for by international wire transfer. We will notify the buyer with the account information of where to wire the funds to, to pay for the product / service. Any funds received using the regular website payment method, will be refunded to the customer.

QUESTIONS OR PROBLEMS:
Contact us as appropriate.