Terms and Conditions

NICKELS PERFORMANCE SUMMARY TERMS & POLICIES EFFECTIVE APRIL 1, 2013

TERMS Nickels is a wholesale distributor to Speed and Automotive Jobbers and Machine Shops who maintain a stock of merchandise for resale and who have a valid business license, sales tax number and federal ID number. All new wholesale customers are shipped on prepaid or credit card terms until approved for COD money order, COD business check, or Open Account status upon receipt and approval of a completed credit application. Monthly open account balances are due on or before the 10th of the following month. Weekly open account balances are due by Friday of the following week after invoice date. Open accounts not paid within five working days after the due date are subject to being placed on COD basis. Amounts past due will bear late charges on one and half percent (1.5%) per month, or eighteen percent (18%) per annum. Special orders or drop-shipments may not be canceled or returned to Nickels for any reason and are subject to all freight and handling charges from the manufacturer. Minimum order is $50. Any refusal of product shipment may result in forfeiture of account privileges. Customer must pay all refusal shipping and handling costs before additional shipments will be made. Please see our expanded Terms & Policies contained in our catalog and line card for other important informa- tion about benefits and restrictions for wholesale customer accounts. Terms & Policies are subject to change without notice.

DEDUCTIONS Deductions from payments for any reason will not be allowed until credit memos are issued. Any such deductions will be shown as shortages on account and could result in suspension of open credit.

NSF CHECK POLICY Customer checks returned one time will be charged $5. If a check is returned a second time, it will be labeled as dishonorable. All dishonored checks will be assessed a $30.00 service charge and accounts may be placed on C.O.D. Cash Only.

ORDERS The Nickels telephone sales team is available daily from 8 am to 6 pm EST Monday through Friday. You may phone toll free 1-800-251-0331 or fax orders to 423-391-0208. Please use manufacturer's part number when placing orders. Upon customer's request, manufacturers' catalogs are available to be shipped with your product order to assist in product selection.

FREIGHT POLICY All goods are sold F.O.B. shipping point. UPS ground service is prepaid on shipments of $250 or more to all states in the continental US except AZ, CA, ID, MT, ND, NV, OR, UT, WA and WY (tires, cylinder heads, crankshafts, mufflers, some oversize and heavy items as noted in our catalog excluded). UPS fees for oversize items (up to $20) and items not in a certified shipping carton ($5 each item) are not covered by our prepaid shipping program. Truck orders are prepaid at $600 for non- interlined service within the continental US except for states listed above.

CLAIMS Customer must thoroughly inspect all shipments before signing a clear delivery receipt or freight bill. Damage claims must be made directly with the carrier. Notify delivery person in writing of damage to parts or packaging that could affect product salability. Should concealed damage be found, notify both Nickels and the carrier immediately. Failure to act immediately may relieve the carrier of their responsibility and leave you with no legal recourse. Nickels assumes no responsibility for carrier freight damage. Customers must retain the original shipping carton for carrier inspection. Claims for shortages must be called in to Nickels within 24 hours of delivery. Please check your order carefully upon delivery!

RETURNS No merchandise may be returned without a Nickels RGA and authorization decal. To request an RGA, please give your salesperson: (1) invoice number, (2) purchase date, (3) part number(s), (4) quantity to return, and (5) nature of return. Requests to return new product must be made within 30 days of invoice date and mer- chandise must arrive at Nickels within 60 days of invoice. Customers with net purchases less than $5000 during the previous 12 months will be assessed a 15% restock fee for all returns. All returns more than 5% of previous 12 months' net purchases will also be charged a 15% restock fee. Returns must be shipped UPS prepaid with the RGA sticker clearly visible on the outer shipping carton. Nickels will only accept product in the manufacturer's original carton, with all hardware and instructions intact, and shipped in sufficient packaging to assure arrival in salable condition. No credit will be given for used, installed, dirty, shopworn, discontinued, special order, drop-ship, close-out items, or items otherwise unsalable. Returns will not be accepted at our dock after 30-day RGA expires. Nickels will not accept returns shipped COD, without RGA decal, or shipped by US Mail. Refunds are not available.

WARRANTY High performance parts are sold without any express warranty or any implied warranty of merchantability or fitness for purpose. Under no circumstances will Nickels Performance be responsible for labor charges for replacement of alleged defective parts, damage allegedly caused by the parts, or any special, indirect, inci- dental, or consequential damages. Nickels' responsibility is limited to replacement of the defective item, if so warrantied by the manufacturer. Alleged defective part must be returned to Nickels freight prepaid for initial inspection. Nickels cannot give our customer credit for defective parts until we receive notification that the facto- ry will issue credit to Nickels (sometimes an answer about a potential credit from the manufacturer takes more than two months). Should returned items be found to be not defective or not covered under manufacturer's warranty upon inspection by the factory or Nickels' representatives, parts will be returned at customer's expense or disposed, at customer's instruction. Refunds will not be given for warranty parts.