Terms and Conditions
Terms and Conditions for Evolve Automotive (Performance Tuning Solutions Ltd d.b.a Evolve Tuning/Evolve Automotive). All parts remain property of Evolve Automotive until paid for in full. All parts that effect emissions are for use on racing vehicles only and may affect your local/state emissions/noise laws. It is your responsibility to ensure
Evolve Automotive accepts payments through credit/debit card. Bank wire transfers can also be accepted in special circumstances but Evolve Automotive reserves the right to refuse such payment actions. We are adding new methods of payment constantly so please view the checkout section of the site for the most updated information.
All orders are shipped via UPS, USPS or Federal Express (in most cases) unless weight or size is prohibitive, in which case motor freight will be used. All applicable duties, taxes, and brokerage fees are the responsibility of the Receiver and will be billed separately by the carrier and/or governement agency, not by Evolve Automotive. All international shipments, including Canada, are assigned a Customs broker by the carrier. Rates and fees for brokerage will vary. Evolve Automotive is not responsible for any duties, taxes, or brokerage fees assessed by the carrier, broker, foreign government, and/or Customs agent. By agreeing to these Terms and Conditions, you agree to pay any and all shipping charges, duties, tax, and/or brokerage fees. In certain instances, if we are out of stock on an item we will often ship directly from the manufacturer of the product to you. This is known as a "drop ship." If an item is drop shipped, transit time and cost will vary. As most of our products are shipped free of charge we reserve the right to refuse extra costs associated to particularly problematic shipping locations that may require extra shipping charges. If extra shipping charges apply it will be the responsibility of the purchaser to ensure these are paid.
We will not accept unauthorized returns. Returned parts must be in clean, unused, original condition, packed in the manufacturer’s original packaging, and returned to Evolve Automotive within 30 days of date of sale unless specified otherwise. We will not accept returns after 30 Days. No return will be accepted without invoice/sales receipt number or date of sale. We will issue you a return authorization number and address that must be marked on the return package. Our shipping & receiving department does not accept packages without return authorization number. Returned items will be inspected before a refund is issued. Please refer to manufacturer warranties below for failed/damaged product terms. A 5% restocking fee will be charged/deducted on all returns, regardless of whether the item was ordered in error. We can not accept responsibility for products no longer functional due to software updates from the vehicle manufacturer and do not issue refunds for any remaining warranty/insurance after a product is rendered unusable. Returns of evolve-R remote tuning units will only be accepted if the unit has not been locked to an ECU and remains in clearn, unused, original condition. Postage and packing costs for returns will not be refunded.
If packages appear damaged on arrival you must state the condition of the container over your signature on the receipt. If damage is discovered after opening the container, notify the carrier immediately. Our third party warehousing staff provide high quality merchandise, properly packaged to the carrier. Claims for damage must be directed to the carrier FIRST, not to Evolve Automotive.
Certain products carry a manufacturer’s warranty against defects. If you believe you have a defected product it is your responsibility to check with the manufacturer for their official warranty terms and conditions. Customer shall notify Evolve Tuning within 10 days of discovery of any such defects. We reserve the right to withhold refund until the defective part has been examined and tested. Evolve Automotive is not responsible for shipping costs on items returned under this limited warranty. Evolve Tuning is not responsible for labor charges due to incorrect installation or faulty or defective parts. Please inspect items carefully before installation.
Limited Warranty on New Parts
All new parts are guaranteed to be first quality merchandise. Defective merchandise must be returned at customer’s expense for replacement as outlined in the Returns section above. We will replace all defective parts according to the manufacturers warranty terms that were purchased new, but cannot accept responsibility for inconvenience or losses occasioned by their use. There is no warranty if parts have become defective due to faulty installation or if they have been abused in any way. All warranties and/or guarantees are voided if products have not been installed properly i.e. instructions have not been followed precisely and, where relevant, battery life is not at acceptable levels or ECU read/write processes have been interrupted. There is no warranty, expressed or implied for any parts (including new parts) or work used for competition, or track driving school events.
Limitation of Liability and Indemnity
Customer assumes all liability and risk arising from the ordering, purchase, use or installation of new and used parts that are purchased from Evolve Automotive except where specifically advertise otherwise. Evolve Automotive shall not be liable for any damages to any person or property arising out of or in connection with the use or installation of any parts that it sells or installs unless specified otherwise. Customer agrees to indemnify Evolve Automotive from any and all claims (including legal fees) arising out of or in connection with the use or installation of the product(s) it purchased from Evolve Automotive or had installed by Evolve Automotive. Evolve Automotive is not responsible for any damages or claims arising out of a delay in the processing or shipment of any order. By purchasing products from Evolve Automotive or by paying Evolve Automotive to install any products, Customer is acknowledging that it agrees to accept this Limitation of Liability and these Terms and Conditions.
Many items are sold for off road use only. It becomes the sole responsibility of the Customer to ensure that the use of their vehicle and items purchased comply with federal, state, and local regulations. Evolve Automoive products are not legal for sale or use in the state of California on any pollution-controlled motor vehicles. Performance products are legal in California only for vehicles which may never be used on a public highway.
Please note that product descriptions and photographs used on our online catalog are examples only. Actual items may differ. The Customer shall inspect and accept or reject acceptance of the Terms and Conditions of this sale immediately upon the arrival of the shipment, and shall, within three (3) working days after this arrival, give written notice to Evolve Tuning of any claim that the Terms and Conditions set forth herein are not acceptable. The Customer expressly waives any right the Customer may have to revoke acceptance after such three-day period.
We will seek to prosecute any and all fraudulent transactions. We use all means necessary to convict including recording of IP addresses. All fraudulent orders will be filed with the IFCC (Internet Fraud Complaint Center). The Internet Fraud Complaint Center (IFCC) is a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center (NW3C). http://www.ic3.gov
These Terms and Conditions are applicable to all order placed by the customer, whether online on the Evolve Automotive web site or by telephone, including all future orders.
Evolve Automotive products have no warranty or representations made with the ability to protect against injury or death. Improving the performance of an engine by altering the engine's computer software or hardware may increase wear on an engine and possibly result in a loss of overall engine life or premature damage. The user assumes these risks. Evolve Automotive is not responsible for damage to a car of this kind. Evolve Automotive is not responsible for faulty installation or issues of any kind during installation of the 'evolve-R' remote tuning cable, including but not limited to disconnection due to poor battery life.
Evolve Automotive reserves the right to protect their products from duplication or manipulation by including a no-read protocol within the software, this ensures the DME is unreadable by any software and can therefore not be altered in any way. To return to an editable state customers simply reinstall their original software using the same process.
This product is used on the understanding that certain ECU types are locked and will render the product unusable, and this may occur during Manufacturer updates. Evolve Automotive is not liable for refunds if a vehicle Manufacturer 'locks out' the cable during an update to the vehicle ECU. All products sold unless specified otherwise are for off-road and racing use only and have not been tested or approved by any federal or local governing agency and are not approved or recommended for street use. Understanding the legal requirements or legal limitations regarding the use of this product is the sole responsibility of the user. Evolve Automotive is not responsible or liable for errors or omissions. Prices are subject to change without notice.
Evolve Automotives liability is limited to the original purchase price of the merchandise.
© 2018 Performance Tuning Solutions Ltd d.b.a. Evolve Automotive. All rights reserved. No portion of this website may be reproduced or transmitted in any form or by any means, electronic or mechanical, including by photocopying, recording, or use of any information storage and retrieval system without express written permission from Evolve Tuning.
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