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SEMA 2022

 

Terms & Conditions

All orders placed with NRG Innovations (phone, fax, mail, verbal or email), either directly or through a dealer, constitute the acknowledgment and acceptance of all of the conditions listed below:

Warranty and Disclaimer

Items sold by NRG Innovations may not be legal for street use in all states. WARNING, it is the buyer`s responsibility to comply with applicable state laws.  Buyer understands that due to strict U.S. federal and State safety crash guidelines, NRG Innovations is not responsible or liable for any damages or possible injuries incurred as a result of any accidents due to driver error, incorrect installation, bad judgment, or act of nature/GOD, Allah, Jehovah, etc. All products are intended for off-highway uses only, and should be used for their intended purposes only. NRG Innovations does not take responsibility for installation, modification, misuse and/or unusual stress of the products. The buyer assumes all responsibilities for determining the suitability of the products. NRG Innovations is not responsible for any damages incurred either directly or indirectly on the vehicles or operators/ passengers within the vehicles. 

Disclaimer of Implied Warranties

NRG Innovations DISCLAIMS ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS (OTHER THAN GOOD TITLE) INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. There are no warranties, which extend beyond those express warranties contained in the Agreement. Buyer affirms that it has not relied upon Seller's skill nor judgment to select or furnish the Goods for any particular purpose beyond the specific express warranties in the Agreement. Any design provided by Seller is based on information provided by Buyer. Any modifications of drawings, prototypes and other work of Seller after approval by Buyer will be at Buyer's expense at Seller's normal rates for services and materials. Seller does not warrant the Goods will comply with the requirements of any safety or environmental code or regulation of any federal, state, municipality or other jurisdiction beyond the specific express warranties in the Agreement.

Installation

All products require professional installation. Buyer understands that some products may require modifications for correct fitment. Minor adjustments may be necessary as part of the normal installation process. All hoods require hood pins for safety reasons. All carbon fiber products will not sustain any force or weight, for they could be cracked by such force and weight. NRG Innovations has made an effort to produce all its aftermarket products to fit the original factory vehicles as closely as possible. However, some occasional prepping may be necessary for an ideal fit. The buyer needs to perform these steps to his/her satisfaction before installation. If the buyer wishes to paint the products, he or she must pre-fit the parts to the vehicle before painting to ensure proper fit. There are absolutely no returns on painted products.

Customer Service

NRG Innovations does not sell to the public directly. All customer service related issues must be addressed to the dealer, who may in turn contact NRG Innovations. NRG Innovations will not answer sales or service related inquiries from the end-user. These inquiries include, but are not limited to, obtaining tracking numbers, obtaining authorization for returns/exchanges, filing claim for shipping damages (see below), and claiming for defects. Such users will be referred back to the dealer from whom he or she purchased the products.

Shipping Damage

NRG Innovations packs all products carefully to prevent damage during shipping. However, damage may still occur occasionally. Buyer must inspect the packaging and the products carefully upon receiving them, then accept shipment and notate any damages and irregularities, such as crushed, torn, punctured, or broken parts on both the packaging and the product, on the freight bill or receipt at the driver’s presence. Buyer must retain all cartons, packaging materials, and damaged products for the carrier’s damage inspector to inspect. Do not refuse shipment or return it without approval, because the buyer’s right to make a damage claim may be denied. A signed receipt without any notation indemnified the carrier as well as NRG Innovations from any further damage claims. Discovery of damages after a clear deliver become the responsibility of the customer.

All damages must be notified to carrier and the dealer within 24 hours. In cases of damage with proper notation on receipt, the carrier will determine whether to pay for repair cost or replacement value of the damaged goods after damage inspection. Replacement value is the amount the buyer paid to the distributer and is not negotiable. All disputes about the settlement amount should be addressed with the carrier. NRG Innovations, under no circumstances, shall be liable for the damaged product or for subsequent settlement of the claim with carrier.

Defective Products

All products require professional installation. Minor adjustments might be necessary. These are normal body work and installation steps. Therefore, it is NOT considered to be defective. In addition, most carbon fiber products are hand-crafted, and no two items will be identical. Small imperfections such as wavy weaves, small bubbles, and clear coat blemished are inevitable. Pictures are required to demonstrate true defects on products on products prior to return. See below for information on our return policy.

 

Returns

Special orders cannot be returned. If the buyer decides to return any part of the ordered item, he or she must contact the distributor who in turn can contact NRG Innovations and receive a return authorization with three (3) days of receiving the parts. A Return Authorization number (RA number) will be issued to the buyer by NRG Innovations, and it must be written on the outside of the packages being returned. Returned products must be received back at NRG Innovations within ten (10) days of issuing the return authorization. There is no return for any parts that have been used, modified, painted, or installed. All return products are subject to a 30% restocking fee, and shipping and handling fees are not refundable. All products, which are approved for return, are for store credit only. All products returned must be in the original shipping carton in the same condition as it was originally delivered or shipped. Only the original buyer may request for a return of products. Defective items may be exchanged for the same item only. Upon receipt of returned parts, NRG Innovations shall inspect the parts to determine their exact condition. If NRG Innovations does not accept the goods as being defective and/or returnable, buyer must accept any incurred costs. 

All returns, regardless of the underlying reason, must be sent shipping prepaid. Any returns sent shipping collect or without RA number will be refused and returned to the buyer at his or her own expense. Shipping costs to and from the purchaser are not refundable. Buyer is advised to insure the returned goods for their full value for his or her own protection. Otherwise, neither NRG Innovations nor the shipping company would be responsible for any damage or loss in shipment. Refund will not be issued on returned products that are damaged on the way back to NRG Innovations.

Shipping Errors

If the consignee receives an incorrect item due to NRG Innovations error, consignee must inform the dealer with three (3) days of receipt of shipment. NRG Innovations will then issue a “Call Tag” to pick up the incorrect item(s) and ship the correct item(s) at no additional charges.

Shipping and Backorders

NRG Innovations tries to maintain a good stocking level in order to prevent backorders. However, in case a backorder is necessary, NRG Innovations will ship the order as soon as the parts become available. Backorders must be canceled with five (5) days from when the order is placed, or before when the parts become available, whichever is sooner. Otherwise, the parts will automatically be shipped to the buyer. NRG Innovations tries to ship regular, in-stock items the following business day. Please allow 5-10 business days for in-stock items to arrive. All shipping dates are approximate. Buyer is fully responsible for all shipping residential addresses (as opposed to business addresses) will incur additional costs.

 

Contingencies

NRG Innovations shall not be liable for any failures to produce product to buyer when the cause of such failure is the result of the forces of nature, labor disputes, supplies or material shortage, acts of local, state, national, civil, or other authorities or public agencies; utility or communication failures, accidents, strikes, transportation problems, or any act or cause that does not normally occur in the ordinary course of NRG Innovations business.

 

All parts shall remain the property of NRG Innovations until paid in full. All prices and specifications are subject to change without notice.

Minimum Advertised Price (MAP) Policy

 

 

 

 As the world’s leading manufacturer of automobile quick releases, short hub adapters, steering wheels, and auto accessories, Advance Tuner Warehouse (“ATW”) Inc., doing business as NRG Innovations is focused on maintaining high profit margins for our wholesale and retail distributor network.  ATW has established a Minimum Advertised Price (MAP) Policy that all wholesale, and retail dealers/distributors must follow for the advertising and marketing of ATW Products.  The goal is to maintain high profit margins, and brand strengthening through the sale of ATW products.  The minimum advertised price is defined as the lowest price a dealer/distributor of ATW Inc. can advertise for sale.  Meaning that prices NO LOWER THAN MAP may be advertised in any form on the dealers/distributor's website, or on any third party selling or auction websites for example Amazon, EBAY, Craigslist, Offer Up, Google, Yahoo Auctions, etc.…  The wholesale or retail dealer/distributor shall not promote, market, advertise, offer to sell or sell any product on or through any online marketplace or auction service (e.g., EBAY, Amazon, Amazon Marketplace or like websites), except as may be expressly consented to by ATW in writing through an application process, in advance, and it being understood that ATW may withdraw it's consent at any time.  Direct sale to these parties for example, Amazon, is prohibited meaning dealers cannot sell ATW products directly to Amazon or have their inventory fulfilled by Amazon or any company that offers similar services.   

 

 

 

Any ATW Product(s) that is not sold by an authorized ATW Inc. dealer/distributor is not subject to any warranties, customer service, or tech support.  Furthermore, these products will be deemed to be NOT AUTHENTIC, and will be considered as used parts.  ATW does not sell or distribute any NRG Innovations parts that are used or refurbished. Any mention of this verbiage used in ads is strictly prohibited and will not be covered with any warranties or support. All ATW Inc. dealers/distributors must agree and follow the MAP Policy. Furthermore, it is the responsibility of the dealer/distributor to inform their customers, who sell ATW Products, about the ATW MAP policy, and to abide by its guidelines.

 

 

 

 

 

ATW’s MAP Policy Guidelines for NRG Innovations Products

 

 

 

MAP pricing for all ATW Products can be found on the dealer/distributors current price list. All advertised prices must be at or above MAP for all ATW Products. If a price is listed in an advertisement it must be at or above MAP. Other statements such as “call for price” or “call for quote” are acceptable and permitted.

ATW’s MAP policy for all ATW Products apply to advertising placements, including but not limited to: print ads (inserts, magazines, newspapers, catalogs, mail order catalogs, etc.), broadcast (radio and TV), direct mail, faxes, internet placement with third parties (banner ads, broadcast emails, destination pages, third-party sites), internet placements on resellers own website, and any flyers, posters or coupons.

 

 

 

Policy Modification

 

 

 

ATW may, at any time, change or amend the MAP policy.  If you have any questions in regards to this policy, you can contact ATW directly.

 

 

 

Free Offers Associated with ATW Products

 

Free shipping and/or handling, 0% sales tax, or free financing promotions do not violate the MAP.

 

 

 

 

 

ATW Products Price Matching Policies

 

 

 

Price matching policies are acceptable.  Price matching cannot be used as a valid reason for violations of ATW ‘s MAP Policy.  Advertised price must always be at MAP or higher.

 

 

 

Bundling Guidelines

 

 

 

Bundling ATW Products for sale together, and or with other products is allowed.  However, MAP pricing still applies to NRG Innovations products and should not be used as a method of MAP lowering prices.  Bundling ATW Products will violate the MAP policy if:

 

 

       

 

 

       - the effective or stated price of the bundle that contains ATW Products is less than MAP pricing.

 

 

       -the product(s) in the bundle are not ATW Products.

 

 

       - the product(s) in the bundle are counterfeit/knock off products

 

 

       - the product(s) bundled with ATW Products violate ATW’s Intellectual property, and trademark.

 

 

       - the product(s) bundled with ATW Products include, packaging, words, graphics, or other indicia which may create customer confusion to the source of the product(s).

 

 

 

 

 

 

Failure to Comply with the MAP Policy

 

 

At the sole discretion of ATW, failure to comply with MAP, intentional and/or repeated failure to abide, may result in the immediate loss of dealer/distributor status and your ability to purchase all NRG Innovations products both direct as well as through distribution. Furthermore, dealers/distributors who fail to comply with the policy will be placed on a DO NOT SELL (DNS)list which is a list that contains the dealers/distributors who have violated MAP policy, and is shared with our dealer/distributor network to not sell ATW Products.

 

 

 

 

 

Penalties for Failure to Comply with the MAP Policy:

 

 

 

  • First Violation:  The Dealer/Distributor’s account will be put on hold temporarily and a written warning will be provided.  MAP violations must be corrected within 48 hours.  If violation(s) are not corrected the offense will be escalated to the second violation.
  • Second Violation:  The Dealer/Distributor’s account will be suspended and a 30-day shipping hold will be placed on the dealer’s first order after the violation.  The dealer will also be put on the DNS list.  MAP violations must be corrected within 24 hours.  If violation(s) are not corrected the offense will be escalated to the third violation.
  • Third Violation:  The Dealer/Distributor’s account will be suspended indefinitely, and the Dealer/Distributor’s company will remain on the DNS list.

 

Should the dealer/distributor reach the third violation, the account will be suspended indefinitely, go under review, and may be terminated.  Accounts that are suspended cannot place any orders until the violation(s) have been corrected to ATW’s satisfaction.  Once the violation(s) have been corrected, the dealer/distributor’s account will go under review and be restored to full rights and privileges. Furthermore, when a dealer is on suspension they will be placed on the DNS list and will stay on the DNS list until the violation(s) have been corrected to ATW Inc. satisfaction.  During this time, ALL ATW dealers/distributors are not permitted to sell to the dealers on this list. If a dealer is found to be selling to another dealer on the DNS list immediate action and penalties will take place.