Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Title to, and all risk of loss or damage with respect to, the Products shall pass to Buyer upon delivery by Seller to the carrier or Buyer's representative at Seller's warehouse or plant. Delivery is subject to the payment provisions set forth herein and to Seller's receipt from Buyer of all necessary information and documentation from Buyer, including all import certificates, licenses and other documents as may be required from Buyer for export of the Products. Buyer shall promptly notify Seller, no later than 24 hours from date of receipt, of any claimed shortages or rejection as to any delivery, with the exception of deliveries that reveal external shipping damage, which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall be in writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery. Seller shall not be liable for any shipment delays beyond the reasonable control of Seller which affect Seller or any of Seller's suppliers, including but not limited to delays caused by unavailability or shortages of Products from Seller's suppliers, natural disasters, acts of war, acts or omissions of Buyer, fire, strike, riot, or governmental interference, unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable

rates; failure or destruction of plant or equipment arising from any cause whatsoever, or transportation failures.

Price and Payment

Buyer shall furnish to Seller all financial information reasonably requested by Seller from time to time for the purpose of establishing or continuing Buyer's credit limit, it being understood that Seller shall have the right to decline to extend credit to Buyer and to require that the applicable purchase prices be paid prior to shipment. Seller shall have the right from time to time, without notice, to change or revoke Buyer's credit limit on the basis of changes in Seller's credit policies or Buyer's financial condition and/or payment record. Any obligation of Seller under this Agreement to deliver goods on credit terms shall terminate without notice if Buyer files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Buyer, or if a receiver or trustee is appointed to take possession of the assets of Buyer. The Products are invoiced at the prices specified on the invoice. Seller does not

offer price protection. Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes), as well as import or customs duties, license fees and similar charges, however designated, levied on this sale or the Products (or the delivery thereof) or measured by the purchase price hereunder. Seller's prices set forth on the front of the invoice do not include such taxes, fees and charges. Exemption certificates must be presented prior to shipment if they are to be honored. To the extent any sale is made without the prior receipt of a valid exemption certificate, Seller expressly reserves the right to separately invoice Buyer for all applicable taxes, fees and charges and Buyer agrees that these amounts shall be immediately due and payable. Credit cards are only accepted at the time of order or purchase. Payment for all other orders must be made in accordance with the terms in effect at the time the order was placed. Unless otherwise specified, payment terms are prepaid. Seller at its discretion may require reasonable advance assurances of payment through irrevocable bank letters of credit or otherwise. All unpaid invoices shall bear interest at the legal rate from time to time applicable to unpaid judgments commencing upon the date payment is due. Buyer's failure to make timely payment may result in such action as revocation of credit, delay or cessation of future deliveries, repossession of unpaid for delivered goods or any one or more of these. Notwithstanding any "net" payment provisions specified on the front of the invoice, Seller shall have no continuing obligation to deliver Products on credit, and any credit approval may be

withdrawn by Seller at any time and without prior notice. Seller hereby retains (and Buyer grants to Seller) a security interest in the Products to secure payment in full and compliance herewith, and Buyer agrees to execute any additional documents necessary to perfect such security interest, upon Seller's request.

Product Returns

Return of Products purchased hereunder, whether for stock balancing purposes or because such Products are claimed to be defective, shall be governed by Seller's Product Return policies as set forth herein, or as otherwise provided by Seller to Buyer in writing. Seller reserves the right to modify or eliminate such policies at any time. Although Seller's policies may permit Buyer to return Products claimed to be defective under certain circumstances, Seller makes no representations or warranties of any kind with respect to the Products. SELLER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR YEAR 2000 COMPLIANCE. SELLER WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF WARRANTY. The right to return defective products, as described in Seller's most current Product Catalog, shall constitute Seller's sole liability and Buyer's exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise.

Returns Policy

Items purchased from Salvatore Motorsports and returned within 7 days from the date of purchase with the original receipt or invoice are eligible for refund or exchange. No refunds or exchanges are allowed after 7 days from the date of purchase. Items must be in new condition and unopened with no markings on the original packaging. Shipping charges are not refundable. Special order items are excluded. When returns are accepted, unless otherwise specified, shipping charges are the responsibility of the buyer. All Hardware and Software DOA’s are subject to the terms and conditions and return policies of the manufacturers and must be returned to the manufacturers for repair or exchange. When the policies of the manufacturers permit Salvatore Motorsports to accept an open box product, an open box fee equal to 25% of the purchase price will be charged on any opened item, unless the item is defective in which case the item will be exchanged for the exact same item provided the item is still available from the manufacturer or repaired depending on the policies of the manufacturers. The 25% open box fee will be assessed at the time of refund or exchange. Salvatore Motorsports will not accept the return or exchange of any item if the UPC code, model number or serial number has been removed from the packaging or if the packaging has markings or is damaged. Refunds on purchases made with a credit card will only be made to the same card.

General Terms and Conditions

Prices, specifications and availability of products are subject to change without notice. Due to the volatile nature of the parts industry, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing or offers is subject to correction.

Although Internet orders may generate an automatic confirmation and response email, Salvatore Motorsports may adjust its pricing, product description or specification after any order confirmation or response email but prior to shipment due to reflect the current specifications, changing market conditions, product discontinuation or typographical errors. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. Published prices do not include shipping, taxes, duties, customs charges, paint, installation, and insurance. Proof of purchase and postage may be required for rebates.

Limitation of Liability

SELLER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. Seller shall have no duty to defend, indemnify, and hold harmless Buyer from and against any or all damages and costs incurred by Buyer arising from the infringement of patents or trademarks or the violation of copyrights by any goods sold by Seller. Seller shall have the option (BUT NOT THE DUTY) at any time to replace or modify any goods sold to Buyer to avoid patent or trademark infringement or copyright violation; notwithstanding any other terms or conditions to the contrary, Seller's liability FOR ANY CLAIMS OF THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS shall not exceed the purchase price of the infringing hardware or software, less reasonable depreciation computed on a five-year straight line basis.

Not for Resale

All goods delivered to Buyer hereunder are not for resale and shall be used for the internal business purposes of Buyer, or any parent company, subsidiary, or affiliate of Buyer. All goods delivered to Buyer hereunder are intended for use in the USA and Canada only. Shipment of the goods outside USA or Canada may require a valid export license.

General

These terms and conditions shall, upon acceptance by Buyer, constitute the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and shall supersede all prior offers, negotiations, understandings and agreements. Unless Buyer and Seller have executed a master contract which specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein. No additional or different terms and conditions, whether material or immaterial, shall become a part of these terms and conditions unless expressly accepted in writing by an authorized officer of Seller. Any waiver by Seller of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or any future defaults hereunder. It is the intention of the parties that these terms and conditions shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and that no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. These terms and conditions may not be assigned by either party without the prior written consent of the other (which shall not be unreasonably withheld) except that Seller may assign these terms and conditions to any affiliate or subsidiary of Seller. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.