These Warranty/Policies (the “Terms”) of sale are the only terms which govern the sale of the products delivered hereunder by Frankenstein Engine Dynamics, LLC (“Products”). Frankenstein Engine Dynamics, LLC’s (“Frankenstein Engine Dynamics”, “we”, or “our”) acceptance of customer’s (“Customer”) order is made expressly conditional on Customer’s assent to the Terms set forth herein. These Terms shall prevail to the extent they are inconsistent with any purchase order, acknowledgement, acceptance or other document of Customer, and Frankenstein Engine Dynamics does not accept, and expressly disclaims, all terms and conditions other than those expressly set forth herein. Notwithstanding anything herein to the contrary those terms and conditions contained in any written sales contract signed between the Customer and Frankenstein Engine Dynamics covering the Products shall prevail to the extent they are inconsistent with these Terms. Acceptance of the Products by Customer shall constitute assent to these Terms and these Terms shall become a binding contract on the terms set forth herein.
Frankenstein Engine Dynamics’s Products are custom and made-to-order and carry no warranty. Due to the potential use of Products offered, all Products are sold on an “as-is” basis. No warranties of any kind, express or implied, whether written or oral are made by Frankenstein Engine Dynamics, it’s agents, or employees WITH RESPECT TO THE PRODUCTS. All implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and warranty against infringement of intellectual property rights of a third party are expressly excluded. The Customer bears the entire risk as to quality, performance, and use of these Products.
Frankenstein Engine Dynamics also makes no warranties, expressed or implied, WITH RESPECT TO ANY third-party manufactured components CONTAINED IN, INCORPORATED INTO, used in, ATTACHED TO, OR PACKAGED TOGETHER WITH our products, AND All implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and warranty against infringement of intellectual property rights of a third party are expressly excluded. We source the best available components for our Products and perform quality control checks, we do not manufacture all components in house. Examples of third-party manufactured components include but are not limited to: cylinder head/manifold castings, porosity and core shift issues, valves, valve springs, valve spring retainers, and valve locks/keepers.
Frankenstein Engine Dynamics does not guarantee horsepower numbers due to various factors and other engine components beyond our control.
Frankenstein Engine Dynamics has a no return policy for all customized Products. For customized Products, all sales are final, and no refunds will be given for any reason.
For all other non-customized Products that are in new, unused, and satisfactory condition, as determined by Frankenstein Engine Dynamics in its sole discretion, Frankenstein Engine Dynamics will refund the Customer the original sales price subject to a restocking fee of thirty percent (30%) of the original sales price. The Customer shall be responsible for all return shipping costs.
Frankenstein Engine Dynamics wants our Customers to be completely satisfied with their purchase. We perform quality control checks and inspect our Products before they are shipped to the Customer. If a Customer feels that there is a problem with workmanship, we will request that the Product be returned to us for inspection. Frankenstein Engine Dynamics will issue you an RMA number for the return of the Product to our facility and full inspection. If we determine that workmanship is the cause of the problem, we will do everything possible to correct it. We do not accept cylinder heads or other Products that have been installed or utilized in any way because Frankenstein Engine Dynamics has no oversight on proper use or installation.
Defective components a customer purchases outside of the point of sale from Frankenstein Engine Dynamics must address any concerns directly with the manufacturer. Defective Products purchased through Frankenstein Engine Dynamics will qualify for assistance from Frankenstein Engine Dynamics to rectify a problem.
OFF-ROAD/COMPETITION USE ONLY
Customer acknowledges and agrees that our Products are developed and intended for off-road/competition use only in a controlled environment and may be used only on vehicles used solely for off-road/competition purposes. Products sold for off-road/competition use only are intended for racing vehicles which may never be used on public streets, roads, or highways, and may be in violation of federal or state emissions standards, Department of Transportation regulations, or local and state traffic regulations.
Customer acknowledges and agrees that use on any state or federal highway may constitute a violation of the Clean Air Act (CAA). The CAA can be found at http://www.epa.gov/air/caa/. The CAA contains, in detail, what are considered to be violations of motor vehicle emission standards and corresponding penalties for failure to obey, and should be read in full before acknowledging this disclaimer and/or installing this off-road/competition use only Product. Customer acknowledges and agrees that it is responsible for understanding and complying with all local, state, and federal laws. Customer agrees to indemnify, defend, and hold harmless Frankenstein Engine Dynamics and its subsidiaries and related companies (and its and their respective officers, directors, employees and agents) from and against any and all claims, demands, and expenses, including reasonable attorneys’ fees for the defense thereof, arising out of or in connection with any failure by the Customer to comply with any local, state and federal laws.
All performance modifications and installations are at the Customer’s own risk. Frankenstein Engine Dynamics holds no responsibility either implied or otherwise for mechanical, electrical or other failure when using the Products. Frankenstein Engine Dynamics assumes no responsibility for personal injury, labor, or any other injury arising out of the use of the Products. The Customer assumes full responsibility of our Product upon delivery.
For the avoidance of doubt, under no circumstances shall Frankenstein Engine Dynamics be liable for any defect or damage due to: (a) transportation; (b) storage; (c) improper use, installation, or adjustment; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications or alterations; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, neglect, or other actions or events beyond Frankenstein Engine Dynamics’s reasonable control.
CUSTOMER acknowledges that the Products can expose individuals to chemicals includinG Dichloromethane (Methylene chloride), which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
ORDER & PAYMENT POLICY
In order to provide excellent customer service, Frankenstein Engine Dynamics requires the following:
Customers that send in their cylinder heads for services (port work, valve jobs, etc.) must have a sales order number which is provided by a Frankenstein Engine Dynamics salesman. Cylinder heads that arrive with no sales order number will be refused and returned to the Customer at the Customer’s expense.
Payment is required in full on standard cylinder head and labor packages prior to work being started and/or shipment.
Custom projects require a 50% deposit based on the initial sales quotation before work can begin, and any changes made to custom projects will require written Customer approval. Payment for any remaining balance is required before shipment of the custom project Product. No exceptions.
Frankenstein Engine Dynamics will repair Products manufactured and sold by Frankenstein Engine Dynamics only.
The minimum charge for repairs is $350.00. Upon receipt of a Customer’s repair we will inspect and provide an initial estimate for repairs. Due to the fact that all issues are not visually identified during an initial inspection, the estimate for repairs could increase. If Frankenstein Engine Dynamics anticipates a repair cost higher than originally quoted, the Customer will be informed and will require written Customer approval prior to repair completion.
Frankenstein Engine Dynamics makes no warranties, expressed or implied, WITH RESPECT TO ANY REPAIRS TO THE REPAIRED PRODUCTS, AND All implied warranties, including the implied warranties of merchantability AND fitness for a particular purpose are expressly excluded.
ORDER COMPLETION/FORCE MAJEURE
Frankenstein Engine Dynamics makes every effort to complete customer orders as quickly as possible. However, we cannot guarantee any sort of completion timeline due to factors outside of our control. Frankenstein Engine Dynamics shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing our obligations under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to Frankenstein Engine Dynamics ‘s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Customers will be kept informed of any anticipated delays.
All non-public, confidential or proprietary information of Frankenstein Engine Dynamics, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Frankenstein Engine Dynamics to the Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with these Terms is confidential, solely for the use of performing the obligations under these Terms and may not be disclosed or copied unless authorized in advance by Frankenstein Engine Dynamics in writing. Without prejudice to the foregoing, under no circumstances shall Customer disclose any such information of Frankenstein Engine Dynamics to any competitor of Frankenstein Engine Dynamics. Upon Frankenstein Engine Dynamics’s request, Customer shall promptly return all documents and other materials received from Frankenstein Engine Dynamics. Frankenstein Engine Dynamics shall be entitled to injunctive relief for any violation of this provision. This provision does not apply to information that is: (a) in the public domain except as a result of a breach of these Terms; (b) known to Customer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confidential basis from a third party.
LIMITATION OF LIABILITY
IN NO EVENT, SHALL FRANKENSTEIN ENGINE DYNAMICS OR ITS AFFILIATES BE LIABLE FOR CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, INCLUDING WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED ON FRANKENSTEIN ENGINE DYNAMICS HEREUNDER OR IN CONNECTION HEREWITH. CONSEQUENTIAL DAMAGES FOR PURPOSES HEREOF SHALL INCLUDE WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON OR LOSS OF OR DAMAGE TO PROPERTY. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS FRANKENSTEIN ENGINE DYNAMICS, ITS AFFILIATES, PARENTS AND SUBSIDIARY COMPANIES, AND THEIR OWNERS, OFFICERS, EMPLOYEES AND AGENTS AGAINST ALL LIABILITY, COST OR EXPENSE WHICH MAY BE SUSTAINED BY ANY OF THEM ON ACCOUNT OF LOSS, DAMAGE OR INJURY, RELATED TO THE PRODUCTS WHETHER CAUSED IN WHOLE OR IN PART BY FRANKENSTEIN ENGINE DYNAMICS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FRANKENSTEIN ENGINE DYNAMICS’S LIABILITY TO THE CUSTOMER, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, CUSTOMERS, CLIENTS, ADVISORS, AND AGENTS SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO FRANKENSTEIN ENGINE DYNAMICS OR AN AFFILIATE FOR THE PRODUCTS.
GOVERNING LAW; Consent to Jurisdiction and Venue; Attorneys’ Fees
These Terms and all matters arising out of or relating to these Terms, shall be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law principles, and any action, claim or suit initiated in connection with these Terms shall be prosecuted exclusively within the state or federal courts located in Tarrant County, Texas. The prevailing party in any action to enforce these Terms will be entitled to recover its attorneys’ fees and costs in connection with such action.
Frankenstein Engine Dynamics appreciates all Customers and the support they have shown us over the years! Our goal is to provide an exemplary product and outstanding customer service! If our Customers have suggestions on how we can improve our service or products we welcome the feedback.