This Agreement (the “Agreement”) is between Seller and any of its affiliates (hereinafter referred to as "British Customs" or the “Company”) and Buyer (the “Customer”, "Dealer", also sometimes referred to as "I" or “you” ). Any Terms and Conditions proposed by Buyer in acknowledging or accepting Sellers offer which are different from or in addition to the terms set forth in the Terms and Conditions shall not be binding upon Seller and shall be void and of no effect, except to the extent expressly accepted in writing by Sellers authorized Officer(s).
California regulates motorcycle aftermarket parts that have the potential to impact emissions. In most cases, the sale and use of emissions related aftermarket parts on motorcycles is prohibited unless it is either a “replacement part” as defined by California, or is a specifically authorized use of that part as reflected in an Executive Order (“EO Part.”)
The California Air Resources Board (ARB) regulates aftermarket parts and has promulgated regulations that essentially place all emissions related aftermarket parts into three categories:
(1) Replacement Parts
Replacement Parts are aftermarket parts that ARB considers to be functionally equivalent to the stock part they are intended to replace, and therefore would not impact the emissions from these vehicles. These parts are appropriate for sale and use on motorcycles used on or off the public highways. For aftermarket exhaust systems and parts, there are two applicable scenarios:
(a) If the motorcycle’s stock exhaust system does not contain a catalytic converter, then an aftermarket exhaust part is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system, such as oxygen sensors.
(b) If the motorcycle’s stock exhaust system contains a catalytic converter in the manifold section of the stock exhaust system, then an aftermarket muffler positioned downstream from the catalytic converter (i.e. cat-back) is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system.
(2) Executive Order Parts
Executive Order Parts are aftermarket parts that ARB has evaluated and determined do not adversely impact emissions,
and thereby are granted an Executive Order (EO), which allows the part to be sold and used on specified motorcycles. Any aftermarket exhaust system that replaces or otherwise impacts emission control equipment, including catalytic converters, requires an EO to be sold and used on a motorcycle used on or off a public highway.
(3) Competition Use Only Parts
Competition Use Only Parts may not be sold or used on a motorcycle that is used on or off the public highways other than those motorcycles used exclusively for competition. Competition Use Only Parts are aftermarket parts that replace or otherwise interfere with the operation of an emission control device, such as a catalytic converter or oxygen sensor, and may be sold and used on a motorcycle that is used only for closed course competition.
If you are located in California, we DO NOT ship ANY Exhaust System(s) and/or Competition Use Only Part(s) that adversely impact California state emissions laws.
Since it may not be required to restrict sale in CA for use in Race/Closed Course Competition it is important that the Buyer understand that our policy is to NOT sell this product in California or any other state where certain restrictions may exist. Upon purchase you hereby agree to NOT resell this product and agree to fully indemnify British Customs and/or any of its affiliates in the event of any violation of this Agreement or illegal use. Further, you hereby agree to the Indemnification and Liability Release further defined below. Exhaust System(s) and/or Competition Use Only Part(s) WILL NOT be shipped to customer or dealers in the state of California. Any violation of this Agreement will place your account on an indefinite suspension and may be reported to the appropriate regulatory
All records of Exhaust System(s) and/or Competition Use Only Part(s) sales will be kept on record by British Customs, LLC.
The Buyer agrees to indemnify the Company and hold it harmless against any losses, claims, damages or liabilities incurred by the COMPANY, in connection with, or relating in any manner, directly or indirectly, to the Products being offered for sale by the Company in accordance with the Agreement, unless it is determined by a court of competent jurisdiction that such losses, claims, damages or liabilities arose out of gross negligence, willful misconduct, dishonesty, fraud. Additionally, the Buyer agrees to reimburse the Company immediately for any and all expenses, including, without limitation, attorney fees, incurred by the Company in connection with investigating, preparing to defend or defending, or otherwise being involved in, any lawsuits, claims or other proceedings arising out of or in connection with or relating in any manner, directly or indirectly, from sale and/or the rendering of any Services by the Company including but not limited to any installation guides in accordance with the Agreement (as defendant, nonparty, or in any other capacity other than as a plaintiff, including, without limitation, as a party in an interpleader action). The Buyer further agrees that the indemnification and reimbursement commitments set forth in this paragraph shall extend to any partner, manager, member, Officer, Director, or employee of the Company. The provisions set forth in this Section shall survive any termination of this Agreement.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY THE BUYER TO THE COMPANY PROXIMATELY CAUSING SUCH CLAIM, LOSS OR DAMAGE.
Upon purchase or acceptance, to the fullest extent of the law, I hereby release British Customs, LLC and/or any of its affiliates from the use of any product(s) from any and all liability. I also agree that the Exhaust System(s) and/or Competition Use Only Part(s) for sale outside of California that I purchase are restricted to Race/Closed Course use applications only and are not for street use on any pollution controlled motor vehicle.