WINGS WEST Terms & Conditions
By using this site, you agree to these Terms and Conditions. By using this site, you acknowledge that you have read, understood, and agree to these Terms. All purchases are final and cannot be cancelled.
All products sold by Wings West are sold "as is”. There are no warranties that are offered. All products sold do not have any domestic or international safety certifications. The use of any items will not hold us liable for any damages and/or injuries. All automotive products sold are aftermarket products. Keep in mind, sometimes aftermarket products may require removal of reinforcements, bumpers, turn signals, and other safety equipment on the vehicle, which would be done at your own risk.
All polyurethane and fiberglass parts require test fitment before prepping, priming and painting. Professional prep work is usually required for all polyurethane and fiberglass parts. All aftermarkets parts require professional installation. Sometimes adjustment of the latches, hooks, brackets are necessary to ensure a "factory like" fit. These are normal body work and installation steps for all products sold. Keep in mind, some additional polyurethane and fiberglass work may be necessary since these are aftermarket parts, and are no way sold or represented as OEM (Original Equipment Market) products. If there are small gaps or trimming that needs to be done prior to painting, this is not considered to be defective, and this is not uncommon with any aftermarket fiberglass companies and their products. Bodywork performed should not be by just any body/collision shop, but the shop should be familiar and skilled in fiberglass aftermarket products. All things listed are not uncommon of any company in regards to polyurethane and fiberglass aftermarket products. If you feel that your product falls under defect, please refer the defective products section.
Wings West will ship all orders via the most economical method. Wings West uses FedEx as the preferred method of shipping except in cases that items are oversized which will then require the use of truck freight.
No cancellation is allowed once the items have been shipped. If the package is refused upon delivery, the customer will be charged the full amount minus the total inbound and outbound shipping cost, plus a 30% restocking fee. For international orders, the buyer is responsible for their own duties and taxes.
Most of the products sold at Wings West are large and over-sized, therefore, the shipping company may call you to schedule an appointment for delivery. Please provide us with your current phone number and we will forward that information to the shipping company. Please make sure that you keep your shipping appointment. If you are not available for your shipping appointment, then the item will be shipped back to the distributor and you will be charged for the round-trip shipping. You do not want to incur extra charges for delivery or storage if you miss your delivery appoint. That is why it is essential to be available for the delivery, so no extra charges are applied.
Wings West packs all merchandise very carefully to prevent any damage during the shipping process. However, sometimes damages may still occur occasionally during transit. All damage MUST be discovered at the time of delivery. If you notice any damages to the products upon delivery, you need note the damage and any irregularities (such as crushed, torn, or broken boxes) on the freight bill or receipt while the driver is there. You must keep all cartons, packing materials and damaged merchandise for the carrier's damage inspector to inspect. You should never refuse the shipment or return it without approval, since your right to make a damage claim may be denied. A signed receipt without any notation protects the carrier as well as Wings West from any further damage claim. If you did not note any damage on the receipt, then any discovery of damages after delivery becomes the responsibility of the customer. That is why it is essential to inspect and check for any damage while the driver is there, so you can note it on the receipt and go ahead and start a claim right away. Never assume that if the box is undamaged, then the products inside are also undamaged. DO NOT SIGN THE DELIVERY RECEIPT UNTIL ALL PACKAGES HAVE BEEN INSPECTED AND DETERMINED TO BE FREE OF DAMAGE. In the event that damage has occurred, write "damaged" directly on the delivery bill and have the delivery person sign it as verification. If told to hold onto the item, please retain all boxes and other packaging material as the package may be subject to later inspection by the carrier. Once signed, all insurance is forfeited. Remember to only write the word “damaged” for any issues with the part, in the event damage may look like a flaw, you would not want to voluntarily offer up information that would cause the driver to refuse acknowledgement of any damage, if you claim defect/flaw. Failure to comply with this policy will result in a denial for your damage claim!
All damages must be notified to the carrier at the time of the delivery and reported to Wings West within 24 hours. In cases of damage with proper notation on receipt, the carrier will determine whether to pay for repair cost or replacement value of the damaged goods after damage inspection. Replacement value is not negotiable. It is the amount that you paid. Repair cost is an arbitrary amount, which can be negotiated with the carrier in the event of disagreement. All disputes as to the settlement amount or manner should be addressed with the carrier. Wings West under no circumstances shall be liable for the damaged merchandise or for subsequent settlement of the claim with the carrier. However, as a courtesy, we would be glad to help you in reaching an agreeable settlement with the carrier in the event that you need assistance.
Customers that need delivery outside of the contiguous US (including but not limited to Alaska, Hawaii, US territories, and foreign countries) must first request a quote. Transactions made without first requesting a quote will be refunded and cancelled.
Because customs policies and fees vary from country to country, the customer is responsible for payment of all applicable customs fees and duties. In addition, you may be obligated to hire a customs broker to satisfy the customs requirements. Be sure to check with your local customs office regarding these requirements prior to purchasing.
We are willing to ship orders to a designated freight forwarding company that will handle the delivery of your purchase to your country or territory. If you choose to use a freight forwarding company, you do not need to request a shipping quote as long as the delivery address is within the contiguous US. Hiring and use of a freight forwarding company is the responsibility of the customer.
Special orders are non-returnable. Any parts that have been used, modified, painted, or installed cannot be returned. All return requests must be approved by Wings West before being processed. Authorization for returns will not be granted after 5 days from the date the product was received by the customer. Items must be returned to Wings West and received within 14 days from the original shipping date. A Return Requisition form must be completed for all returns. Upon approval, Wings West will issue a Return Authorization number (RMA Number) and RMA Label to the purchaser. The RMA Number must be clearly visible on the outside of the returned packages. Packages without the RMA number and label will be rejected without exceptions.
Returned items must be in unused, unaltered, and unpainted condition, and must include all original hardware and instructions. A copy of the original invoice must accompany all returned merchandise. Damaged products are not considered defective, and any items ordered incorrectly by the customer are not eligible for return due to our fault. All other returns may be exchanged or credited, subject to a 40% restocking fee on the purchase price (excluding shipping and handling charges, which are non-refundable). Wings West will assess whether the returned product is defective upon receipt.
All returns, regardless of reason, must be shipped prepaid. Returns sent collect or without an RA number will be refused and returned to the purchaser at their own expense. Shipping costs to and from the purchaser are not refundable. Returnable items should be carefully packed in their original packaging. We recommend purchasers insure returned goods for their full value for their own protection, as Wings West or the shipping company will not be liable for any damage or loss during shipment. Refunds will not be issued for returned merchandise damaged in transit to Wings West; in such cases, customers must file a claim against the carrier used for shipping.
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DEFECTIVE PRODUCTS
All Wings West products, such as bumpers, lips, side skirts, spoilers, and hoods are made out of a high-quality fiberglass or polyurethane and come with wire mesh if applicable. Professional installation is required. Images that are shown are for illustration purposes only. Actual product may vary due to product enhancement, so please ask the staff any questions or concerns you may have. Modification of a part is required to ensure proper fitment. Please keep in mind aftermarket parts do not have the same fitment as OEM factory part. Test fit all parts before any modification or painting. (Any altering will void returns, exchanges, or warranties). Accessories such as fog lights, driving lights, splitters, canards, add-on lips, intake scoops, or other enhancement products are not included unless specified in the product description. Anything listed above that is not on your product would not qualify it as a product defect. If your issue is due to fitment, pictures are required. The part must be placed upon the vehicle and taken with the vehicle in the picture. Then another picture of the area in question would be needed. To speed up the process, 4-5 pictures total from various angles should cover any other pictures required.
Some items sold by Wings West may not be legal for street use in all states. It is the purchasers’ responsibility to comply with applicable state or federal laws. Any goods sold by Wings West are sold “as-is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement of trademarks, trade dress, copyrights, patents, or other rights held by others.
11. SPECIAL ORDERS
All special orders require a nonrefundable deposit of the total costs. If there is any cancellation for any reason by the Buyer, that deposit is forfeited. Wings West will not be responsible for any late shipments. All shipping dates are estimated. Buyer will not be entitled to chargebacks, reductions of price, or other offsets as result of late shipment or failure to deliver in estimated time of delivery. If a special order item is left over 30 days from the time of Wings West receiving the part in stock, and the Buyer has not made any attempt to claim their order, then the order shall be considered canceled and all money previously deposited shall be forfeited. Once again, a reminder, that all special orders cannot be returned.
12. BACKORDERS
Most of our products are in stock and will be shipped within 48-72 hours. However, in some high-volume cases, Wings West may require up to a full work week depending on inventory. Some out of stock items may take 4-12 weeks to produce and ship. Items may not be reserved without payment or deposit.
13. INSTALLATION OF AUTOMOTIVE PRODUCTS
The auto parts listed require some modification and are designed for PROFESSIONAL AFTERMARKET INSTALLATION ONLY. Auto shops experienced in OEM installations may not be experienced in aftermarket installation. Failure to use professional aftermarket installation will void all warranties and return policies. Due to the materials used in production, the parts will not be a direct bolt-on. These parts may require prepping, heating, sanding, shaving, filling gaps, cutting, or other extensive body work. Purchase of the product acknowledges that you understand the procedures in installing aftermarket parts.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, RELATED PRODUCTS, OR RELATED SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVERS SERVICING THIS SITE; OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, OR SERVICES INCLUDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL THEORY FOR DAMAGES RELATED TO INCONVENIENCE, DOWNTIME, INTEREST, COST OF CAPITAL, FRUSTRATION OF ECONOMIC OR BUSINESS EXPECTATIONS, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF USE, TIME, DATA, OR GOODWILL, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, COLLATERAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY COSTS INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO TRANSPORTATION, LABOR COSTS, TIME, TOWING, STORAGE, PREMIUM FREIGHT CHARGES (SUCH AS AIR OR OVERNIGHT DELIVERY), RENTAL COSTS OF ANY TYPE, LOGISTICS, OR ECONOMIC LOSSES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ANY DISPUTE RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO SECTION 1280 ET SEQ. OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. THIS PROVISION APPLIES TO ALL DISPUTES, INCLUDING BUT NOT LIMITED TO ALLEGATIONS OF NEGLIGENCE, BREACH OF CONTRACT, OR FRAUD. THE ARBITRATOR SHALL BE A NEUTRAL ARBITRATOR SELECTED BY THE PARTIES OR APPOINTED BY THE COURT. THE DECISION OF THE ARBITRATOR WILL BE BINDING. THE PARTIES RETAIN THE RIGHT TO APPEAL THE ARBITRATOR'S DECISION AS SET FORTH BELOW. The parties shall equally share the arbitrator's fees. The parties shall have full rights of discovery under the Civil Discovery Act and shall have the right to file dispositive motions (such as a demurrer, motion to strike, or motion for summary judgment) just as if the case were being litigated in court. All motions shall be heard by the arbitrator. If either party refuses to select an arbitrator or submit the dispute to arbitration, either party may petition the Los Angeles Superior Court for an order appointing an arbitrator or compelling arbitration. The arbitrator shall apply California substantive law to the proceeding. The arbitration shall be conducted in Los Angeles, California. An award may be entered against a party who fails to appear at a duly noticed hearing. The arbitrator shall prepare in writing and provide to the parties an award and a statement of decision, including factual findings and the reasons on which the decision is based, within ninety (90) days of the date the matter is submitted to the arbitrator for decision. Neither party is required to ask for a statement of decision; the arbitrator shall issue a statement of decision whether or not requested. The decision of the arbitrator, when final, may be entered and enforced as a final judgment in any court of competent jurisdiction.
IF THE FOREGOING BINDING ARBITRATION CLAUSE WERE NOT IN THIS AGREEMENT, THE PARTIES WOULD EACH HAVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE IN THE EVENT OF ANY LITIGATION BETWEEN THE PARTIES. THE PARTIES ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL OR COURT TRIAL IN ANY DISPUTE BETWEEN THE PARTIES BY SIGNING THIS AGREEMENT. YOU SPECIFICALLY UNDERSTAND THAT THE RIGHT TO HAVE SUCH DISPUTES DECIDED BY A JUDGE OR A JURY IS HEREBY WAIVED.
Nothing contained herein shall be construed as a waiver by Wings West of any of our rights or remedies described in these Terms unless the waiver is in writing and signed by an authorized agent of Wings West. No delay or omission by us in exercising our rights will impair or be construed as a waiver. Our failure to enforce the strict performance of any provisions of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
18. NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms, either express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Any controversy of a claim arising out of or relating to the construction or applications of any term, provision, or condition of these Terms shall comply with and be governed in accordance with the laws of the state of California.
If any dispute arises out of or in connection with these Terms, the parties irrevocably: (i) consent and submit to the jurisdiction of courts located in Los Angeles, California; (ii) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; and (iii) WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL OR ADJUDICATION BY JURY.
Each provision of these Terms (a "Provision") shall be deemed severable. If any Provision or the application of any Provision to any person or circumstance shall be held invalid or unenforceable by a court of any jurisdiction:
• The Provision shall be ineffective only in that jurisdiction.
• The Provision shall be ineffective only to the extent that it has been expressly held to be invalid or unenforceable in that jurisdiction.
• The ineffectiveness of the Provision shall not invalidate any other provisions of the Terms or the application of the Provision itself to persons or circumstances other than those with respect to which it was held invalid or unenforceable in the jurisdiction in question.
Neither party shall be liable for any failure of or delay in the performance of its obligations under this Agreement for the period that the failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond that party's reasonable control, it being understood that lack of financial resources shall not be deemed a cause beyond that party's control. Each party shall promptly notify the other party of the occurrence of any such cause and carry out the affected performance as promptly as practicable after the cause of the problem is alleviated.
We grant you access to make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form). You may not use any meta tags or any other "hidden text" utilizing our name or trademarks. Any unauthorized use terminates our permission.
24. SITE POLICIES AND MODIFICATION
These Terms, including any amendments or addendums incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. Wings West reserves the right to make changes to our site, policies, and these Terms at any time and at our sole discretion. We reserve the right to make changes without notice. Such changes will be effective upon posting of the revised Terms. You are encouraged to review the Terms from time to time for any possible changes. You should discontinue all access and use of this site if you do not agree with all of the Terms.
All content on this site, including but not limited to text, graphics, logos, icons, and images, is our property or the property of our content suppliers. All content on this site is protected by US and international intellectual property laws. All software used on this site is our property or the property of our service provider or its suppliers. All software used on this site is protected by the United States and international intellectual property laws.
Please be aware that the sample pictures depict highly customized cars. Each car utilizes multiple modifications, including painting and possibly alterations of the depicted part. Please read the description of the part carefully as one or more of the options may include a different part than depicted in the image. Parts such as lights, splitters, canards, paint, and other accessories are not included unless specifically stated in the product specifications.
We try to describe each part as accurately as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
In the event that a product is listed at an incorrect price or with incorrect product information due to a typographical error in pricing or product information, we reserve the right to refuse or cancel any orders placed for the product.
29. COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail addresses, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right to remove or edit such content. You are responsible for maintaining and updating your information, including but not limited to personal contact information in your account.
Unless we indicate otherwise, if you post content or submit material, then you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose to use your name. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
At our sole discretion, without notice and/or for any reason, Wings West may terminate these Terms, access to our site or any related services, or any current transactions immediately.
Wings West reserves the right to change its terms and conditions at any time with or without prior notice. Wings West is not responsible for any typo, photography or price errors. By using wingswest.com you agree to these terms and conditions.
