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Conditions of Sale

 TERMS AND CONDITIONS OF SALE

1. Applicability

THESE TERMS AND CONDITIONS OF SALE (THE "Terms and Conditions of Sale") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY FIT OMNI LLC (“Omni”) ON THE http://fitomni.com/ WEBSITE (THE “Website”). PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THEY ALSO CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. 

BY CLICKING ON THE "I AGREE” BUTTON, BY PLACING AN ORDER, OR BY USING THE WEBSITE, YOU ("YOU" AND/OR "BUYER") ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS AND CONDITIONS OF SALE ARE SUBJECT TO MODIFICATION, SO PLEASE READ THESE TERMS AND CONDITIONS OF SALE EACH TIME YOU MAKE A PURCHASE.

THESE TERMS AND CONDITIONS OF SALE AND THE CUSTOMER ACKNOWLEDGEMENT AND WAIVER OF LIABILITY, PROVIDED TO BUYER AFTER INSTALLATION CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. 

2. Sales and Products

Omni is authorized to sell the products and/or services offered for sale on the Website. Omni accepts orders for products and/or services through the Website. Omni may discontinue or change the prices of any product and/or service at any time without notice. The prices advertised on the Website for the products and services do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. The availability of certain products on the Website is subject to Buyer’s geographic location. 

3. Orders

Orders are not binding upon Omni until the installation of products and/or services is complete. Acceptance of Buyer’s orders shall be communicated to Buyer on the Website, and via electronic mail at the address provided by the Buyer. Omni reserves the right, without prior notification, to cancel the order, limit the quantity of any item ordered and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

4. Payment

Omni accepts valid PayPal, Visa, MasterCard, American Express and Discover credit cards. Buyer's credit card will be charged in full when Buyer's order is processed.

Interest at the rate of 1.5% per month (or the maximum allowed by law, if less) will accrue on all past due amounts until such amounts, including accrued interest, are paid in full. Buyer shall reimburse Omni for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. 

5. Order Cancellation 

Once an order is placed, orders may only be cancelled pursuant to Omni’s cancellation policy, which can be found at http://fitomni.com/terms/returns-and-refunds.

Omni encourages all cancellations 24 hours before the appointment time. Cancellations less than 24 hours before the appointment time are charged a fee of $50. In the event Buyer cancels products and/or service for which parts have been specially ordered and obtained, Omni may charge a handling fee or require full payment in Omni’s sole discretion.

6. Delivery 

It is Buyer’s responsibility to provide accurate contact information that allows Omni to deliver the products and perform the services at the address and time you specify. 

Once Buyer’s order is processed on the Website, Omni or its authorized installer will make every reasonable effort to provide the products and/or services included in Buyer's orders within the selected timeframe; provided, however, neither Omni nor its authorized installer is responsible or liable for any delay in receiving or completing Buyer's order that is caused by an event beyond Omni’s reasonable control. Such events may include, but are not limited to, shipping delays, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption, or delay of the server or Website caused by an event outside the direct control of Omni, including, without limitation, power outages or attacks on the Website such as by persons known as "hackers." Buyer may not pick up products directly -- items must be mounted on the vehicle by the authorized installer, or they will be returned. 

If for any reason Buyer fails to accept delivery of any of the products and/or services on the scheduled appointment time and date without prior notice to Omni, or if Omni is unable to deliver the product/services at the delivery point on such date because Buyer has not provided appropriate instructions, documents, licenses, or authorizations, or because the Buyer is not at the delivery point at the scheduled appointment time and date the product and/or service shall be deemed to have been delivered.

Buyer represents and warrants that Buyer has permission to allow the authorized installer to deliver the products and perform the services at the location specified by Buyer. The installer, in the installer’s sole discretion, may delay the delivery of products or the performance of services if the installer determines the location selected by Buyer is not suitable for the performance of services. 

7. Installation

Installation prices as listed on the Website cover most vehicles with standard equipment. 

· Customized vehicles may result in additional installation fees at the point of installation. 

· Additional fees may be required at the point of installation of products to accommodate for customized vehicles or to accommodate for pre-existing vehicle conditions such as severe misalignment, damaged lug bolts, or other conditions that limit the ability to install the products as reasonably anticipated at the point of delivery. 

· Buyer has selected products by either (1) indicating Buyer’s vehicle year, make, model, and trim, or (2) selecting a specific tire size by width, profile, rim, and speed. Omni cannot be held responsible for tires that are improperly sized or rated for your individual vehicle. In the case of incorrect product selection, the installer may refuse to install products for your safety. Re-stocking fees may be applied for product returns in accordance with terms available on the Website http://fitomni.com/terms/returns-and-refunds

· In accordance with applicable law, all vehicles manufactured after September 2007 have Tire Pressure Monitoring Systems (“TPMS”). Applicable law may require TPMS sensors to be rebuilt and/or re-calibrated at the point of installation of new tires. Omni has attempted to include this cost into Omni’s prices listed on the Website; however, in the event this cost has not been included, there may be an additional charge by the installer to service TPMS sensors in accordance with applicable law. 

· Certain states have graduated tire disposal fees. Omni has attempted to include these fees into Omni’s prices listed on the Website; however, in the event those fees have not been included, it may be necessary for the installer to charge additional state-mandated disposal fees at time of installation. 

· In the event that the products purchased through this Website include vehicle suspension lowering products, additional suspension items may be necessary to properly align the vehicle after it has been lowered and may result in additional fees at time of installation. 

· Wheel sizing for products purchased on this Website is based on information provided by Buyer and is based on original equipment manufacturer factory specifications. If your vehicle is highly customized and/or has raised or lowered suspension, Omni cannot guarantee fitment, and additional fees may be required at the point of installation for safe and proper fit and alignment. 

· Despite Omni’s thorough and conscientious control of all data utilized and gathered to perform the services and provide the products through the Website, Omni cannot guarantee the completeness and accuracy of the provided information. 

BUYER AGREES THAT OMNI HAS NO RESPONSIBILITY AT LAW OR EQUITY FOR ACTS AND/OR OMISSIONS RELATED TO THE INSTALLATION OF THE PRODUCTS AND/OR SERVICES.

8. Vehicle Inspection Disclaimer

Buyer acknowledges that the products and/or services provided by Omni or its installer do not obligate Omni or its installer to inspect Buyer’s vehicle for any damage or defects. Omni and its installer will not be liable for any damage or defect not found during the performance of services. 

Notwithstanding the foregoing, if Omni or its authorized installer identifies, in its sole opinion, a defect in Buyer’s vehicle that renders Buyer’s vehicle un-roadworthy or unsafe, Omni or its authorized installer reserves the right to refuse to perform any services on Buyer’s vehicle. Where Omni or its authorized installer identifies such a defect, Buyer will be notified accordingly. In the event that Buyer disregards Omni’s notification of such defect and instructs Omni or its authorized installer to complete the installation despite such notification, Buyer will acknowledge its receipt of such notification on the Customer Acknowledgement and Waiver of Liability provided by the authorized installer, which will relieve Omni and/or its authorized installer of all liability in connection with such defect. 

9. Title and Risk of Loss

Omni or its authorized installer retains all right, title, and interest in and to the ordered products until the products and/or services have been installed. The purchase of any product and/or service is a disclosed contract between Buyer and Omni that allocates the risk of loss between Omni and Buyer when the products are lost or damaged before the Buyer obtains such products from Omni. As a result, upon delivery and installation, Buyer will be responsible for any loss or damages. Fit Omni shall not be liable for any claims, damages or injuries caused by your negligence, or the misuse of any of Omni’s products and/or services by you or any third party to which you provide access to our products.

10. Returns & Refunds

Information regarding Omni’s returns and refunds policy can be found at https://www.fitomni.com/terms/returns-and-refunds

11. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, OMNI SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THE WEBSITE, THESE TERMS AND CONDITIONS OF SALE, PRODUCT(S), SERVICES (INCLUDING INSTALLATION), OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OMNI EXCEED THE AMOUNT BUYER HAS PAID TO OMNI FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THE PRICES OF PRODUCTS AND SERVICES ADVERTISED ON THE WEBSITE ARE SUBJECT TO CHANGE, AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

12. Privacy 

For more on what information Omni collects and how Omni uses such information, please review our Privacy Policy, which can be found at https://www.fitomni.com/terms/privacy-policy.

13. Warranty Information

Information regarding Omni’s warranty policy can be found at 

http://fitomni.com/terms/warranty-information.

14. Governing Law

These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Texas, without regard to Texas’ choice of law provisions, applicable to contracts made and to be enforced wholly within such state.

15. BINDING ARBITRATION


ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY OMNI PRODUCT OR SERVICE OR THESE TERMS AND CONDITIONS OF SALE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS OF SALE. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms and Conditions of Sale, these Terms and Conditions of Sale shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Dallas County, Texas. Texas state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

 

16. NO CLASS ACTIONS


TO THE EXTENT ALLOWED BY LAW, BUYER AND OMNI EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST OMNI IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

17. Headings; Severability

The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. If any term or provision of these Terms and Conditions of Sale is held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions of Sale or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. Waivers and Amendments

The waiver by either party of any provision of these Terms and Conditions of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions of Sale on any other occasion or upon any other circumstances. These Terms and Conditions of Sale may be waived or amended only in a writing signed the parties.

19. Other Terms

The Website Terms of Use available at https://www.fitomni.com/terms/terms-of-use, and all such terms and conditions set forth therein are hereby incorporated into this Agreement by reference.

Last Revised June 13, 2018