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CPAC PERFORMANCE SALES TERMS & CONDITIONS

Sales Terms and Conditions described below govern responsibility, liability and contractual relations between
CP Auto Centre, B-11-GA, Jalan Prima Saujana 2/B, Taman Prima Saujana, 43000 Kajang, Selangor, Malaysia (hereafter defined as CPAC Performance), as the seller of Frando Brake System Products, Bitubo Race Suspension product, & other motocycle parts and the buyer and users of said (hereafter defined as Customers).

 

  1. ACCEPTANCE

By visiting of website www.cpacperformance.com and/or making a purchase with CPAC Performance the Customer accepts in full the Sales Terms and Conditions. Sales Terms and Conditions are non-cancelable by the customer. CPAC Performance could sometimes need to modify some of the regulations of the Sales Terms and Conditions, in that case CPAC Performance will inform the customers that change has been made to the terms & conditions. Confirmation of a purchase order implies the tacit reading and agreement with Sales Terms and Conditions published by CPAC Performance on the website at the time of the order confirmation.

CPAC Performance reserves the right to refuse any clause or file attached to the purchase order that opposes or adds new elements to Sales Terms and Conditions as stated herein.

 

  1. ONLINE STORE TERMS OF SERVICE

CPAC Performance reserves the right to refuse website service to anyone for any reason at any time. Customers understand that theirs content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Customers agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by CPAC Performance.

CPAC Performance shall not be responsible if information made available on www.cpacperformance.com is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at Customers own risk.

 

  1. PRICE AND PAYMENT

Prices displayed on www.cpacperformance.com are net prices, excluded from any taxes, customs duties and transport costs. CPAC Performance reserves the right to modify its prices at any time, in accordance with the Sales Terms and Conditions and of the laws in use in the domicile country.

Products sold by CPAC Performance will be invoiced in Ringgit Malaysia, in the amount determined at the time of the order confirmation. Customers shall provide written order for products to CPAC Performance by mail, email or making a purchase from www.cpacperformance.com. As soon as order is received CPAC Performance shall provide to customer a Proforma Invoice with price, delivery time and delivery term. For Purchase from www.cpacperformance.com, CPAC Performance commits to deliver the ordered products within 1 – 7 days. Delivery time starts from the date of receipt of payment for the ordered products.

CPAC Performance does not sell products without prior payment for the ordered products. Except for specific written agreements between customer and CPAC Performance, the payment term is a prepayment based on a Proforma Invoice or price shown in the website. All Invoices are considered paid when funds received. CPAC Performance accepts the following payment methods:

  • Bank Transfer to Maybank
    Account Name : CP Auto Centre
    Account Number : 566010651480
  • Payment via FPX , Credit/Debit Card payment via ToyyibPay on www.cpacperformance.com

All invoices shall be paid free of charge, without deduction for CPAC Performance, including all bank transfer or Paypal fees.

 

  1. PRODUCT AVAILABILITY

Customers are advised to ask CPAC Performance for products availability at the moment of the quotation or at the moment of the order confirmation. If product is not available on stock, customers can backorder the product and it will be sent to the customer after CPAC Performance have received the product from the supplier.

Customers have the possibility to cancel their order in case products are not delivered more than 8 weeks later than the agreed delivery time. Delivery time shall be extended in cases of force majeure or occurrence of unforeseen obstacles such as natural disaster, flood, fire and loss in production for other reasons, such as unsupplied raw materials, problems with transportation, etc. CPAC Performance shall immediately inform the customer about these circumstances and about extended delivery time for the duration of these obstacles.

 

  1. DELIVERY

Unless customer provides specific written instructions, CPAC Performance will selects the method of delivery. Delivery is borne by customers. Delivery costs for the rest of the world, including all taxes, customs duties and transport costs, vary according to the country of destination and are borne by Customer. Delivery of the products is made at the recipient’s risk and danger. Shipping insurance can be provided upon request and at the customer’s expenses.

Delivery and acceptance of the products is carried out in accordance to trade clauses of Incoterms 2010 which also applies for the transition of responsibility and risk of accidental destruction and damage to products. Customers are requested to provide evidence of the lack of/malfunction of the products ordered immediately of the time of receipt of goods. CPAC Performance commits to do its best to respect the delivery schedule but it will not be held responsible, in any case, for delivery delays or for any damage caused by this.

 

  1. COMPLAINTS

If products have any faults or do not match the shipping invoice, the customer will have to inform CPAC Performance, describing the fault which has been found. This procedure has to be done immediately upon product delivered and before installing or using the product, by emailing to info@cpacperformance.com. A copy of the invoice will have to be imperatively attached to the customer’s complaint. No complaint will be accepted unless all conditions above are respected.

Products can be returned to CPAC Performance only after a review of claim and confirmation, validated by CPAC Performance. Shipping costs for sending products back are paid by the customer. Products returned back to CPAC Performance will have to be in perfect conditions, packed with care in the original box. Accessories have to be sent as well, no modification can be done to serial numbers, stickers or prints and brands have to be undamaged. Products have to be sent back to CPAC Performance to the address: B-11-GA, Jalan Prima Saujana 2/B, Taman Prima Saujana, 43000 Kajang, Selangor Darul Ehsan, Malaysia. If the customer should send products without CPAC Performance approval or if products should not be sent according to the conditions above, CPAC Performance has the right not to accept them: products will be then sent back to the sender, at the customers expenses.

 

  1. WARRANTY POLICY

“Frando Brake System” braking system & “Bitubo Race Suspension” suspension system come with standard two (2) years manufacturer warranty from the date of purchase. Other product sold under the brand “Custom” come with CPAC Performance three (3) Weeks warranty. If legal conformity warranty is applied within warranty period, all the repair service or product replacement will be covered by warranty.

Warranty will not be applied for repair damages brought about by external causes such as accidents or by a mistake made by the customer such as an installation which does not comply with the product’s specifications or an installation that could be dangerous for it. If there is a need for a repair service and products are not covered or passed the coverage by warranty, CPAC Performance will provide a quotation for the repair service. For any further information about the after sales service, please contact info@cpacperformance.com.

Warranty provided by CPAC Performance does not cover:

  • abnormal and non-standard use of the products,
  • damage caused by unauthorized repairing,
  • damage caused by accidents or crash and external causes,
  • damage caused by force majeure.

CPAC Performance cannot be held responsible for the performance of its products within any application determined by the customer.

 

  1. LIMITED WARRANTY AND LIABILITY

Upon confirming the purchase order to CPAC Performance, purchasing directly shop our store or purchasing from www.cpacperformance.com, customers implicitly accept that directors, managers, employers and all CPAC Performance staff have no responsibility for any damage derived from the use of the purchased products. Customers accept that this responsibility exemption is complete and is applied to any kind of damage, including direct damages with no limitation, indirect damages, compensative, special, accidental, mortal and consequential damages.

CPAC Performance will not in any case be held responsible for any kind of loss, damage, direct or indirect, for whatever the cause might be.

Customers will not claim to benefit from a discount if invoices will correspond to an incomplete delivery or if products should be flawed.

IN NO EVENT, SHALL CPAC PERFORMANCE BE RESPONSIBLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSSES, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY.

CPAC Performance provides its customers with information available on the website www.cpacperformance.com without any expressed guarantee, implicit or explicit, about the suitability or relevance of the information about the motorcycle brand or model.

CPAC Performance notates that no modifications should be applied to one’s motorcycle unless a qualified mechanic had previously checked and approved such modified motorcycle, stating that it is safe and conform to technical regulation and that it meets the laws of the country where it is homologated. This should happen before putting the vehicle on public streets.

Information contained on www.cpacperformance.com is correct but the author and the editor do not provide any guarantee, explicit or implicit that such information is free from mistakes nor that such information satisfies individual needs of the products use.

Customers are warned that assembling motorcycle components is a professional intervention and it should be done in a mechanical shop or equivalent place, having the motorcycle’s service handbook, necessary tools, indispensable technical skills, and the help of motorcycle mechanic.

 

  1. ADVERTISING

Customers will not behave as that they act on behalf of CPAC Performance because this would imply infringement with CPAC Performance authorization. “CPAC Performance seller”, “CPAC Performance store” and similar terms will have to be used without giving the impression that CPAC Performance has any interest or responsibility in the customer’s business management. CPAC Performance brand will not be used without a preliminary written agreement made by CPAC Performance. If a customer should want to advertise products, customer shall ask CPAC Performance to obtain such permission.

 

  1. INTELLECTUAL PROPERTY

The content of the website www.cpacperformance.com (pictures, texts, names, brands, videos, etc.) is property of CPAC Performance. Any copy, total or partial, of the content of www.cpacperformance.com, with any means and on any support, is subject to explicit authorization from CPAC Performance. Information, content, files and software displayed and transferred are protected by international laws about intellectual property and copyright. CPAC Performance does not provide the permission to copy, distribute and display any part of the website for which it does not have intellectual property rights.

Abusing www.cpacperformance.com contents, thus violating CPAC Performance’s rights, constitute forgery offense, which is severely punished by the Intellectual Property Code. CPAC Performance will not be held responsible in case a third party’s rights are violated. CPAC Performance will not hesitate to engage appropriate juridical sites to hackers and counterfeiters, and will ask the court for compensations for material and moral damages suffered.

 

  1. CHANGES TO SALES TERMS AND CONDITIONS

Customer can review the most current version of CPAC Performance Sales terms and conditions at any time on website www.cpacperformance.com. At its sole discretion, CPAC Performance reserves the right to update, change or replace any part of this Sales terms and conditions. It is customer’s responsibility to check the website periodically for changes.

 

  1. CONTACT INFORMATION

Questions about this Sales terms and conditions shall be sent to email info@cpacperformance.com.