Terms of Sale

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully. Operated by JW Associates, LLC DBA Platinum Performance Products, a(n) Partnership formed in Texas, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. By purchasing an item(s) from us, you engage in our “Service” and agree to be bound by the following terms. If you disagree with any part of the Terms, then you do not have our permission to access any of our services. Your access to our services is conditional upon your acceptance of and compliance with these Terms.

PRICING:
All quotes are valid for a period of 30 days; prices are otherwise subject to change without notice. Prices are based on the quantity quoted and may be subject to change if a different quantity is ordered. Possession of our price list does not necessarily entitle the holder to the prices shown. Minimum invoice is $25.00 USD. Orders paid with credit card require a minimum of $25.00 USD total invoice.

CANCELLATION:
All orders are subject to acceptance by JW Associates, LLC. We reserve the right to cancel any order without advance notice. The purchaser may cancel an order at any time prior to shipment but will potentially be invoiced for any costs incurred prior to cancellation notice, including but not limited to labor, tooling, or parts costs. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

DELIVERY:
We will make every effort to meet your delivery requirements; however, ship dates are not guaranteed. Lead time will be quoted for any orders requiring labor or sourcing. JW Associates, LLC cannot be responsible for delays caused by carriers, fires, strikes, accidents, or any other cause beyond our control. All goods are sold FOB our warehouse in Whitney, Texas. JW Associates, LLC is not responsible for any shipping charges unless otherwise accepted and agreed upon prior to shipping. All applicable prepaid freight charges, including delivery charges, will be added to our invoice.

CLAIMS:
All claims or shortages must be declared within 30 days after receipt of merchandise, unless otherwise accepted by JW Associates, LLC. Products are warranted against defects in workmanship and materials. Products having such defects will be replaced or credited as JW Associates, LLC elects. Defective merchandise must be returned within 30 days of claim. Liability is limited to the invoice value of the defective item. No allowance will be made for repairs performed by the purchaser or end user. A Return Materials Authorization (RMA) number must be obtained from JW Associates, LLC before returning any merchandise.

RETURNS & REFUNDS:
Unused merchandise in its original condition may be returned for credit or refund, apart from custom-made parts and kits. Shipping costs are non-refundable. All returns must be requested within 30 days after receipt of merchandise. Merchandise must be returned within 30 days of return request. A Return Material Authorization (RMA) number must be obtained from JW Associates, LLC before returning any merchandise. The purchaser is responsible for any freight charges to return merchandise. A restocking fee of 25% will be applied on any returned items. Unless otherwise stated by JW Associates, LLC. Please ship your purchased item(s) to us at the following address:

Platinum Performance Products

RMA #

5536 FM 933

SUITE 102

WHITNEY, TX 76692

United States

PAYMENT:
Payment can be made with credit card, check or terms agreement. Terms are net 30 days unless other arrangements are made through our credit department. Finance charges may be assessed on past due balances. Credit hold will be placed on past due accounts that are 15 days past set net terms. Net terms may also be revoked and moved to Due on receipt.

LIABILITY:
JW Associates, LLC will not be held liable for consequential or other damages, or any expenses incurred through the use of its products.

NO WARRANTY ON PURCHASES:

THE ITEMS OR SERVICES DISPLAYED OR SOLD ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

REMEDIES

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be replacement. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver “section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Governing law, severability, dispute resolution and venue:

These Terms shall be governed and construed in accordance with the laws of the state of Texas, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our services and supersede and replace any prior agreements we might have had with you regarding services. Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Hill County, Texas. You and Platinum Performance Products agree that each may bring claims against the other only in you or its individual capacity and not as a plaintiff or class member in any class or representative action.

CHANGES TO TERMS OF SERVICE:

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.