Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

GENERAL TERMS

These Terms and Conditions constitute an agreement between Kensaku, Inc (DBA: Kami Speed) a Florida Corporation, ("Seller") and buyer identified in the Invoice, Purchase Order, or other similar document to provide the Products described in such Order, subject to the terms, covenants and conditions contained herein. Hereon forward, seller will be identified as either Kensaku, Inc, Kami Speed, Us, or We.

By ordering any Product from Seller, whether by clicking through over the Internet, telephone, electronic mail, online forum, facsimile or otherwise, Buyer agrees to be bound by these Terms and Conditions.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kami Speed. The collective work includes works that are licensed to Kami Speed Copyright 2004, Kami Speed ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kami Speed or purchasing Kami Speed products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kami Speed or to purchase Kami Speed products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kami Speed. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Kami Speed used in the site are trademarks or registered trademarks of Kami Speed

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kami Speed disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kami Speed does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kami Speed does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.  

Limitation of Liability

Kami Speed shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kami Speed has been advised of the possibility of such damages.  Many parts listed on this website are for off-road use only and Kami Speed holds no responsibility either implied or otherwise for mechanical, electrical or other failure when using after market performance products. Some items listed are illegal in many states and only for racing vehicles which may never be used on a public highway.  All installations are at customer's own risk.

Pricing
In the event that a Kami Speed product is mistakenly listed at an incorrect price, Kami Speed reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kami Speed reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kami Speed shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kami Speed without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Kami Speed may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kami Speed.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kami Speed products) shall be in the state or federal courts located in Orange County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kami Speed products) must be commenced within one (1) year after the claim or cause of action arises. Kami Speed's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kami Speed may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kami Speed or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Kami Speed does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kami Speed is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kami Speed reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kami Speed in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Kami Speed, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Kami Speed may link to sites operated by third parties. However, even if the third party is affiliated with Kami Speed, Kami Speed has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kami Speed. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kami Speed seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


SHIPPING, CANCELLATIONS, AND RETURN POLICIES

To provide faster delivery and turn around time; Kami Speed ships products out from different warehouses throughout the United States. Usually averaging 1-3 business days for processing before shipping. Depending on the package, we ship using different carriers according to the item's location, content, and size.

Insurance & Damage
All products are insured for its value and packed well for precaution; however, accidents may happen. In the event a product arrives damaged to your location, please follow the steps listed below so we can successfully cover your damage. All damaged or missing items must be reported to the shipping carrier and Kami Speed within 24 hours of product arrival. Please document with pictures and all components must be kept and not discarded. If these steps are not followed, your shipment may not be able to be a candidate for the insurance claim.
*Take pictures of the damaged or missing product and all of its content and send them to us via e-mail.
*Keep the product and its original packaging as it arrived.
*Make a list of the damaged or lost item(s).
*DO NOT send the product back to us; once we received the information listed above we will file a damage claim with the shipper. Once a damage/missing claim is filed, the carrier will pick up the product for return or inspection; a replacement will be sent after claim return confirmation.

Cancellation of an order
All processed orders that have not shipped will incur a 6% processing fee, this is mainly to cover any payment processing and cancelation fee with the manufacturer or warehouse.  A processed order is an order that has already been put in our system and the product has been taken out of inventory and moving towards the packing and shipping face.  On special order or custom made orders, the processing face is indicated when the manufacturer has received our order.  Please be courteous and notify us ASAP if you wish to cancel any order(s) that were recently placed in order to prevent it from shipping out. 

Fraud Detection and Order Cancellation

At Kami Speed, we use automated systems and third-party services to detect and prevent fraudulent transactions. Orders identified as high risk may be subject to additional verification or cancellation. We reserve the right to cancel any order deemed suspicious or high risk of fraud. In such cases, customers will be notified, and any payments made will be promptly refunded.

Special Orders
All special orders, including but not limited to deposits, CAN NOT be canceled or refunded for any reason. Once the order has been processed or shipped inbound there is no return from the manufacturer. Special order items are classified as items that are out of stock that are either not kept in stock in the states or take longer than 1 month to fulfill.

Shipping & Delivery
Some packages shipped may or may not require signatures for package release. In the case a package requires a signature and can not be signed for, the carrier will have package pick up locations if you are unable to sign for the package. In the case the item is returned due to negation or unavailability, you will be responsible for the return shipping costs and pay a 20% restocking fee. These fees will be charged to your account on file. Under any and all circumstances, Kami Speed will not be responsible for shipping costs. Kami Speed does not refund any shipping charges, inbound or outbound.

Note: In the event that the product you ordered is sent either incorrectly or processed wrong by Kami Speed, we will arrange for the package to come back to us and ship out a replacement.  Please document what you received by taking pictures of what you received, the part number, and shipping label.  We will use this information to evaluate the situation before we determine the shipment was incorrect.  Failure to notify us within 30 days of product arrival, may automatically deny the claim.

RMA #
To return an item back to us, please do the following:
Contact Customer Service to receive a RMA number. All packages returned without a Returned Merchandise Authorization number will be refused. Package the item up in original packaging unless deemed unusable.
* Include the UNUSED parts and any additional information that was included.
* Include a copy of your receipt or packing slip.
* Write a brief description of the problem with the product.
* If you have a receipt for the return shipping include as well.
* We DO NOT except any freight collect packages.

Once we have received the above information we will notify you via email or phone and let you know the status.