Hammink Automotive Performance Factory B.V.
Legal Notice
GENERAL TERMS AND CONDITIONS
Shipping Terms according Incoterm 2000 FCA:
Whe ship from Ommen, Overijssel, The Netherlands.
While we are happy to assist in arranging shipping for the products you ordered, the customer is responsible for all freight charges, shipping and packing charges.
Shipping will take place after the outstanding invoice(s) are settled.
Any and all legal disputes are governed by the laws of The Netherlands.
Damages:
Hammink Performance takes all possible steps to ensure your parts arrive in good condition.
Please inspect your order completely, while driver is present if possible and note any damages on the delivery documents of which parties involved with keep a copy.
If the damages are found after delivery, call the carrier (UPS, Federal Express, Post Office, Trucking Company,TNT, DHL, etc.) immediately for an inspection.
Hammink Performance is not responsible for freight damages. Report any/all damage incidents to shipping carrier.
Missing/Backordered Parts:
Please inspect the contents of your shipment immediately.
If you think any parts are missing, please check your pack list for any back ordered parts.
If a missing part is not listed as backordered, please contact the after sales department at Hammink Performance.
We are not responsible for any delay’s/damage caused by suppliers, shipping company’s, couriers, or freight forwarders.
Return Policy:
Returned products are not accepted unless:
– Wrong supplied by Hammink Performance
– Confirmed by Hammink Performance
Products that are accepted to be returned, freight prepaid, are to be shipped within 30 days and are subject to a 15% restocking charge, unless the goods are for an exchange.
All items must be in new condition and in the original packaging.
No returns on electrical or special order parts.
Any special order part must be prepaid prior to production and we will not accept returns on these parts under any circumstances.
Any returns within 60 days of shipment date will be accepted for credit towards future purchases.
Any part thereafter may be returned with prior approval.
Hammink Performance has the right to refuse any return.
Hammink Performance and her suppliers guarantee its products to be free of defects due to workmanship or materials.
Liability is limited to repair or replacement of our products, further limited by the warrantees that may be offered by the manufacturer if the item is a purchased item from another company or supplier.
The seller hereby expressly disclaims all warranties, either express or implied, including any warranties of merchantabilities or fitness for purpose in connection with the sale of this part(s) and/or service.
Building your own car and Racing are dangerous endeavors, the buyer expressly assumes the risk of all personal, property, or economic injury resulting from the use of said products.
For any return, please call After Sales at (+31-529) 466 156 to obtain a Return Goods Authorization Number.
The return number must be clearly marked on the outside of the package.
Packages will not be accepted without prior authorization.
Please have your invoice copied and added with the return goods and list available when calling.
Our After Sales hours are 8:30am – 18:00am Monday – Friday.
Disclaimer of Warranty: Except as may be specified in writing, Hammink Performance makes no warranties, expressed or implied, on the products (parts, or kits) offered for sale.
All implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed by Hammink Performance.
While certain Hammink Performance products are thoroughly tested under actual race conditions, Hammink Performance can not control the quality of the installation or application of these products.
The products offered for sale are very specific high end components, the installment of which often requires considerable time and fabrication skill.
Before attempting any installation or assembly, the purchaser should completely review all drawings and instruction sheets accompanying a product to determine the suitability of the product for the intended use, the time, and level of skill necessary for correct installation, assembly and maintenance.
Hammink Performance does not make any warranty, expressed or implied, or other representation about the use of any of its products under specific applications.
Hammink Performance products are expressly sold for custom car-building, racing and off-road use and are not intended to be used in conventional passenger or other legal applications.
Purchaser expressly ASSUMES THE RISK of all personal, property and economic injury, damage or loss, either direct or indirect, arising from the use, misuse, or failure to determine the appropriate use of any Hammink Performance product.
Pricing/Orders:
For all offers and invoice applies:
– Factory Five orders require a 50% payment at order, and 50% payment before shipping from FFR to Hammink Performance (one week before shipping, this also applies to parts from other vendors for the same container)
– Hennessey or other orders require a 50% payment at order, and 50% payment before delivery (one week before delivery)
– Your offer is calculated with the present dollar currency.
– At the time of order the price may be corrected to the accurate currency rate.
– Delivery according Incoterms 2000 EXW Ommen
– With unchanged terms and conditions of our suppliers
– Prices excluding VAT
– Prices excluding customs and import tax
– Prices exclude USA inland transport, sea or air freight and inland transport in the Netherlands
– Depending on the availability of parts at Hennessey Performance, Factory Five Racing or any other vendor.
– There is a €10,00 charge for cash payments
-Deposits; orders are subject to a €500 cancellation fee if order is cancelled more than 10 days prior to the given production completion date. Deposit becomes non-refundable 10 days prior to production completion date or beyond. Order deposit are non refundable if original kit completion date is postponed or delayed. Paid kit or part orders held for more than one calendar year without shipment are non-refundable. Order deposits are non-refundable after one (1) year from the original order date.
– Specialy ordered parts can not be cancled once we have made the deposit to our supplier.
Prices, descriptions and specifications are subject to change without notice.
Please review your invoice for accuracy and final prices.
Licensing:
Titling/Registration and applicable state laws: Hammink Performance is a supplier of custom car, hot rod, and race car parts.
We do not, and can not ensure whether the part or kit that you purchase will comply with any or all individual country laws for its use.
Please know your state laws and regulations before purchasing any part or product from Hammink Automotive Performance Factory B.V.
Re: Carroll Shelby and almost 10 years of litigation: COBRA; 427 car brands like Ford, Dodge, Nissan etc. are registered trademarks.
Hammink Performance is not connected to the holders of these marks.
In February, 2001, Factory Five Racing, Inc., and Shelby mutually agreed to the entry of a Consent Judgment (“Order”) in litigation brought by Shelby in the United States District Court, District of Massachusetts whereby, among other things, Factory Five agreed not to use the word “Cobra” to describe our products.
Factory Five agreed to this since it was not using these marks anyway and, for obvious reasons, it wanted to avoid any association whatsoever with Shelby.
In return, Shelby agreed to forever dismiss any claims related to the shape of the Factory Five Roadster and Type 65 Coupe and other designs.
Hammink Performance wants you to know that we do not recommend or encourage the use of COBRA badges on our Factory Five/Hammink Performance vehicles.
We are proud of our products and there is nothing we want less than to be associated in any way with him, his company, or Shelby products.
WEBSITE TERMS AND CONDITIONS OF USE
BY ACCEPTING AND BROWSING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE, PLEASE DISCONTINUE YOUR USE OF THIS WEBSITE.
Modification of General Terms and Conditions.
Hammink Performance may, at any time and without notice, amend these terms and conditions (“Terms”), or may limit or deny access to, or change the content of, the website.
You should periodically visit this page to review the then current Terms to which you are bound.
When leaving this website, please read the website terms and the privacy policy applicable to any such website to ensure you understand and agree with the terms applicable to that website.
Applicability
Information and materials displayed on the website, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in the EU- and EFTA-States and not necessarily to Hammink Performance products sold in other markets.
Restricted Use and Copyrights
All photographs, audio and video clips, picture images, graphics, links, website architecture, format, layout and data structures, and all other items contained on the website are copyrighted unless otherwise noted and may not be used in any manner, except as provided in these Terms or in the website text, without Hammink Performance’s prior written permission.
Images of people or places and Hammink Perfomance products, are either property of, or used with permission.
Any unauthorized use of these materials may violate copyright, trademark and privacy laws, and other applicable statutes.
You may browse this website and download or print a copy of material displayed on the website for your personal use only and not for redistribution, unless consented to in writing by Hammink Automotive Performance Factory B.V. This limited consent shall automatically terminate upon your breach of any of these website Terms.
Trademarks
Ford, Mustang, Cobra, Shelby, 427 S/C, AC, Daytona, and 289 FIA are all registered trademarks.
Hammink Performance as well as her suppliers are not connected to the holders of these trademarks. Hammink Performance and her suppliers designs engineers, and manufactures components and kit cars of its own proprietary design.
Hammink Performance and her suppliers, product names, logos, and symbols are trademarks and are protected by U.S., EU and international trademark laws.
You are prohibited from using any of the marks appearing on this website without the express prior written consent of Hammink Performance, except as permitted by applicable laws.
Other marks and logos shown on this website may be marks owned by third parties not affiliated with Hammink Performance, and are used with permission.
Nothing shown on this website should be construed as granting, by implication, or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this website without the written permission of Hammink Performance, or the third party owner.
The use of any Hammink Performance logo or mark, whether registered or unregistered, as a hyperlink to this website is strictly prohibited unless consented to in writing by Hammink Automotive Performance Factory B.V.
Disclaimers
All data contained on the website relating to third-party products or services, including but not limited to, prices and services, should be verified with the party supplying the product or service.
Hammink Performance may at any time without notice amend the data displayed on the website.
While Hammink Performance endeavors to periodically update posted information, not all information may be current, and Hammink Performance does not guarantee the accuracy or reliability of such data.
Specifications on the website are for comparison purposes only.
Hammink Performance is not responsible for any loss or damage caused by your reliance on any data contained on this website.
With signature on the other side, I hereby understand the risks involved with high performance modifications and tuning. I am aware of the law in my country which is applicable for performance modifications to a motor vehicle, or I will use these upgrades off-road only. I will not hold Hammink Performance nor its staff liable for any damage that might come to my vehicle due to the modifications/tuning done to it or its presence in the workshop/parking area. I hereby authorize the above repair work to be done along with the necessary materials and hereby grant Hammink Performance and/or Employees permission to operate the vehicle herein described on streets, highways or elsewhere for the purpose of testing and/or inspection. An express mechanic’s lien is hereby acknowledged on the vehicle to secure the amount of repairs thereto. Hammink Performance is not responsible for fire, theft, or any damages to vehicle while at our facility. It is hereby understood that any parts and/or Vehicles left for more than 6 month’s from completion of repair order will become property of
Hammink Automotive Performance Factory B.V.
This website is provided as a convenience to you on an “as is” and “as available” basis.
Hammink Performance does not warrant that your access to these website pages will be uninterrupted or error-free.
NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE SITE PAGES. HAMMINK PERFORMANCE. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, REVENUES OR DATA, OR LOSSES FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF FACTORY FIVE RACING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Hammink Performance assumes no responsibility and/or liability for any damages to or viruses that may infest your computer equipment or other property on account of or arising out of your use of or access to this website. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you.
Hammink Performance liability in any case shall, however, be limited to the greatest extent permitted by law.
Links
Hammink Performance may include links to other sites on the Internet that are owned or operated by third parties.
When visiting these third-party sites, you do so at your own risk.
You should review and determine if you agree to a particular site’s terms and conditions of use before using such site.
Hammink Performance does not control these sites and assumes no responsibility for their content.
A link to a third-party site does not imply that Hammink Performance endorses the site or the products or services described on such sites.
Governing Law
This website is governed by and subject to the laws of The Netherlands. federal law.
The Company
Privacy Policy
Hammink Automotive Performance Factory B.V. recognizes the importance of protecting the personal privacy of its website visitors.
The following Privacy Policy (“Policy”) describes the types of information Hammink Performance may collect from website visitors and permissible uses of that information.
The Policy applies only to the Hammink Performance website.
When leaving this website, please read the privacy policy applicable to such website, if any, to ensure you understand and agree with the applicable policy.
Hammink Performance reserves the right to change the Policy at any time without notice.
Policy revisions are effective upon posting and apply only to data collected thereafter.
You should periodically visit this page to review the then current terms.
Confidentiality
Hammink Performance does not sell or provide personally identifying data to non-affiliate third parties for promotional purposes, but may collect website statistical information (such as traffic patterns or related information).
Visitor Identification
When connecting to our website, Hammink Performance may automatically collect technical non-personally identifiable information.
Examples include the type of Internet browser used, your computer operating system and the IP address of the website from which you are linked to our website.
When viewing our website, information in the form of a “cookie” or similar file may also be stored on our computer.
This information helps Hammink Performance to tailor its website in a manner to better match your interests and preferences.
If you do not wish to receive cookies or want to be notified when they are placed on your computer, many internet browser’s settings allow you to erase existing “cookies” or block or warn before a cookie is stored on your computer.
Consult your specific browser’s instructions to learn more about these features.
Personal Information
Hammink Performance does not collect personally identifiable information (name, address, e-mail address, and telephone number) through its website unless you provide it to us voluntarily.
Hammink Performance may ask you for personal information to respond to your questions; process or fulfill your order or request; or register you in contests.
Hammink Performance will not share your personal information with third parties without your permission, except as otherwise necessary to (i) process or fulfill your order, (ii) enter you in contests, or other promotional activities per your request, or (iv) comply with any applicable law, court order or other judicial process.
Although no system is currently 100% immune from external attack, Hammink Performance has taken commercially reasonable measures to prevent the unauthorized access and improper use of your personal information.