SALES TERMS & CONDITIONS (U.S.)

In these Sales Terms and Conditions (“Sales Terms”), “we”, “us” or “our” means R Cartlidge & J.L Cottell trading as Huracan Fabrication, its successors and assignees, and “you” or “your” means the person, organization or entity that purchases products or related services from us. These Sales Terms apply to all sales made by us to you and are available at www.huracanfabrication.com (the “Site”).

These Sales Terms form the agreement under which we will supply products and related services to you. Please read them carefully. If you have any questions, contact us using the details below before purchasing.

You accept these Sales Terms by making a purchase from us. Your purchase indicates that you: (i) had the opportunity to access these Sales Terms; (ii) have read, accepted, and will comply with them; and (iii) are 18 years or older, or have the consent of a legal guardian who is 18 years or older. Do not order if you are under 18 without such consent. If you do not agree to these Sales Terms, do not purchase from us.

Our Website Terms of Use set out the terms for using the Site and are available on the Site.

1. Products, Services and Orders

a. You may order as set out on the Site. We may accept or reject any order at our discretion, including based on product/service availability and our ability to validate payment.
b. You are responsible for checking order details (including product and price) before completing your order.
c. When you order and pay on the Site and your payment is validated, we will provide order details (e.g., order number, shipping/billing addresses, and item description).
d. A binding agreement is formed once we provide an order number. Changes to these Sales Terms are effective only if agreed in writing by both parties.
e. You may cancel your order any time prior to delivery acceptance. If the product has shipped, you are responsible for incurred costs including return shipping and any applicable restocking fees; we will advise these costs.

2. Price and Payments

a. You agree to pay the purchase price shown on the Site at the time of your order, plus any applicable delivery, insurance, and taxes based on the options/location you select. All amounts are stated in U.S. dollars (USD). Any delivery and insurance charges will be shown separately.
b. Pay using one of the methods set out on the Site. Payment is processed upon order receipt. You must not pay, or attempt to pay, using any fraudulent or unlawful means. If your payment cannot be processed, your order may be canceled.
c. We may charge interest at 2% per month on any overdue amounts. If you do not pay when due, we may engage collection services and/or commence legal proceedings to recover unpaid amounts.

3. Availability and Cancellation

a. All purchases are subject to availability. We aim to keep products in stock, make services available, and keep Site availability up to date.
b. If dispatch or supply will be significantly delayed, or we cannot supply a product you ordered, we will contact you using your provided details. You may choose a refund, store credit, or backorder. If you choose a refund or store credit, any delivery costs you paid for the unavailable product will be refunded. If you choose backorder, we will contact you when the product/service is available.

4. Delivery

a. Location. We offer free shipping to most U.S. states for eligible products, as indicated on the Site. Any required state and local sales/use taxes, duties, or tariffs are additional.
b. Cost. If free shipping does not apply, the delivery fee shown on the Site will be charged. Prices exclude applicable taxes, duties, and tariffs, which may be assessed at checkout or upon delivery.
c. Timing. We normally dispatch within 1 business day of receiving your order, unless otherwise noted on the Site. Any delivery timeframes displayed are estimates from the carrier. We will deliver to the delivery address you specify during checkout.
d. Change. To request a change to the delivery date or address, contact us as soon as possible to see if changes are feasible.
e. Method. We may use various carriers and delivery methods.
f. Title and Risk. Title to products passes to you upon the later of delivery or our receipt/processing of your payment. If payment is declined for any reason, we may reclaim products from your possession even after delivery. Risk of loss or damage passes to you when the product is tendered to the carrier.

5. Discount Codes and Promotions

From time to time we may offer promotional codes. They must be entered at checkout and are subject to the conditions stated when issued.

6. Intellectual Property Rights

a. “Intellectual Property Rights” means all present and future rights in patents, copyrights, database rights, design rights, trademarks, service marks, trade names, trade dress, and all similar rights, whether registered or unregistered, including applications, renewals, extensions, and restorations.
b. As between you and us, we own all Intellectual Property Rights in the Site, our business, products, services, and branding. Our products and Materials are protected by U.S. and international laws.
c. You must not alter, modify, create derivative works from, or commercially exploit our Materials (including reselling to third parties) without our prior written consent.

7. Dispute Resolution

Your feedback is important. If you have concerns, please contact us. If a dispute arises:
a. The complainant must notify the other party in writing of the dispute, desired outcome, and proposed resolution. The parties will meet in good faith to resolve the dispute (the “Initial Meeting”).
b. If unresolved, any party may refer the matter to mediation with a mutually agreed mediator. If the parties cannot agree, the mediator will be appointed by JAMS or the American Arbitration Association (AAA). The mediator will set time and place. The parties must participate in good faith.

8. Returns, Refunds, and Warranty (U.S.)

a. Statutory/Consumer Rights. Nothing in these Sales Terms limits any non-waivable rights you may have under applicable U.S. law.
b. Limited Warranty. We warrant the structural integrity of the steel used in our goods for the life of the original vehicle on which the goods are installed (non-transferable). This warranty does not cover normal wear and tear, misuse, improper installation, modification, accidents, or cosmetic issues.
c. Repair/Replacement/Refund. To request a repair, resupply, replacement, or refund, contact us with proof of purchase and evidence of the issue. We may require return of the product for inspection.
d. Refunds. If a refund is approved, it will be issued to the original payment method after we receive and inspect the returned product.
e. Installed/Custom Items. Except as required by law or under our limited warranty, we generally cannot accept returns of products that have been used, connected, installed, attempted to be installed, custom-made, or special-order products.
f. Packaging. Returned products must be adequately packaged to prevent damage in transit.
g. Duty of Care. You are responsible for the product while in your possession. Damage may reduce or eliminate any refund or remedy where repair is not economically viable.

9. Limitation of Liability and Disclaimers

a. While we believe Site information is accurate and current, it is provided on an “as is” basis. We make no warranties or representations regarding reliability, accuracy, or completeness.
b. To the fullest extent permitted by law, we disclaim all warranties, express or implied, not expressly stated in these Sales Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
c. Vehicle modifications: requirements vary by jurisdiction. You are responsible for consulting a qualified professional and complying with applicable laws/regulations before installing our goods.
d. We recommend installation by competent and experienced persons and that you follow our instructions and use advised tools/materials.
e. Your vehicle registration/insurance may be affected by modifications; you are responsible for verifying compliance.
f. To the maximum extent permitted by law, we are not liable for any: (i) unavailability of the Site or products/services; or (ii) indirect, incidental, special, consequential, exemplary, or punitive damages; or (iii) loss of profits, revenue, production, opportunity, goodwill, data, or business interruption, even if advised of the possibility.
g. To the maximum extent permitted by law, our total aggregate liability arising from or related to the products, services, or these Sales Terms will not exceed the total price you paid for the products/services giving rise to the claim.
h. This Section survives termination.

10. Amendments

We may amend these Sales Terms from time to time without notice. Your subsequent purchase constitutes acceptance of the amended terms. Our agents and employees are not authorized to change these Sales Terms.

11. Indemnity

You indemnify us from and against all claims, demands, actions, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of these Sales Terms or your misuse of our products/services. You agree to cooperate (at your expense) in the defense of such matters. This Section survives termination.

12. General

a. Privacy. We handle personal information in accordance with our Privacy Policy and applicable U.S. privacy laws (including, where applicable, the California Consumer Privacy Act/CPRA).
b. Accuracy. While we strive to keep information up to date and correct, we make no guarantee of completeness, accuracy, reliability, suitability, or availability for any particular purpose; such information may contain errors.
c. Termination. We may refuse to supply products, terminate our contract with you, and remove or edit Site content at our discretion, including if: (i) you commit a non-remediable breach; or (ii) you fail to remedy a remediable breach within 14 days after notice.
d. Taxes. Applicable sales and use taxes (and any duties/tariffs) will be paid by the customer as required by U.S. law.
e. Relationship. These Sales Terms do not create a partnership, joint venture, or employment relationship.
f. Force Majeure. We are not liable for delays or failures due to causes beyond our reasonable control.
g. Notice. Notices must be in writing and delivered by email or post to the receiving party’s contact details then on file or otherwise notified in writing.
h. Waiver. Failure to enforce any provision is not a waiver. Any waiver must be in writing and expressly labeled as a waiver.
i. Assignment. You may not assign these Sales Terms, in whole or in part, without our prior written consent.
j. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
k. Governing Law; Venue. These Sales Terms are governed by the laws of the State of Customer's location, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in United States. The Site may be accessed in the United States and overseas; if you access it from outside the U.S., you are responsible for compliance with local laws.
l. Entire Agreement. These Sales Terms and any documents expressly referenced constitute the entire agreement between you and us and supersede all prior agreements, understandings, or arrangements, whether oral or written.

Contact:
Huracan Fabrication
www.huracanfabrication.com
Admin@huracanfabrication.com
Last update: 10/2025