Standard Purchase and Service Terms and Conditions
Standard Purchase and Service Terms and Conditions
Visual Performance, Inc., dba Cutting Edge Illusions (“Cutting Edge”)
1. Payment for all orders and service requests is required prior to shipping, except as Cutting Edge may otherwise expressly agree. In the event that payment is not required prior to shipping but instead the Customer is invoiced at the time of shipment, all amounts invoiced shall be due not more than thirty (30) days from the Invoice date.
2. All products and materials to be delivered to Customer (“Items”) shall be shipped to Customer F.O.B. origin with risk of loss to pass to Customer upon delivery of the Items by Cutting Edge or its agent(s) to a common carrier (including if drop shipped), or upon delivery by Cutting Edge to Customer, and no loss or damage in shipping or handling by a common carrier will relieve Customer of any obligation hereunder or under any Purchase Order. Customer shall inspect all Items immediately upon delivery and shall, within two (2) business days of delivery to Customer, give written (including electronic) notice to the carrier and Cutting Edge of any claim for damaged or materially defective Items, or to Cutting Edge of rejection for Item shortages or other material nonconformity; if Customer fails to give such notice, the Items shall be deemed irrevocably accepted by Customer. If shipped in separate containers or units (such as bags, boxes, crates, and the like) nonconformity of one unit shall not be cause to reject conforming units, even if within the same shipment or order. Customer hereby grants Cutting Edge a security interest in all Items shipped to Customer to secure payment of all amounts owed by Customer to Cutting Edge, and authorizes Cutting Edge to authenticate on Customer’s behalf all financing statements or other filings necessary to confirm and perfect Cutting Edge’s security interest.
3. Cutting Edge provides a Limited Warranty (the “Limited Warranty”) for custom paint and certain other products and services – please see the Limited Warranty below (which is hereby incorporated these Terms and Conditions). Cutting Edge’s sole responsibility and Customer’s exclusive remedy for breach of the Limited Warranty or any other claim of defect, damage or loss, at Cutting Edge’s option, shall be to (i) repair or replace the defective or damaged Item or (ii) refund to Customer the purchase price paid for the defective or damaged Item. Cutting Edge shall not be responsible for damage or defects that are within the scope of the “Exceptions” listed below in the Limited Warranty, or if an Item has been (a) altered, including by application of other materials, (b) stored or handled other than in accordance with Cutting Edge’s specifications, or (c) damaged in shipping, or returned other than in in accordance with the Return Shipping Policy below. Cutting Edge makes no warranty or representation regarding the suitability of any Item for Customer’s needs, and Customer has not relied upon Cutting Edge in selecting the Items.
4. EXCEPT FOR THE FOREGOING LIMITED WARRANTY THE ITEMS ARE PROVIDED "AS IS," AND CUTTING EDGE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE, QUALITY, PRODUCTIVENESS OR CAPACITY. In no event shall Cutting Edge be liable for any consequential, indirect, special or incidental damages (including, without limitation, damages for lost profits, business interruption, loss or corruption of information, or other pecuniary loss), including without limitation claims arising from malfunctions, defects, or non-delivery, whether arising out of contract, tort, warranty or otherwise.
5. Cutting Edge is an art studio, not a machine shop. Our products are generally custom designed, hand-made works of art. Slight variations, which might appear to be imperfections, are to be expected, symmetrical designs may not be perfectly precise, and every custom piece involves some discretion (some “artistic license”) on the part of the artist or technician. In addition, every vehicle or third party product we work on is unique, and most vehicles and after-market parts come with slight imperfections, particularly in body components (such as tanks, fenders, bars, bags and the like). It is common for a customer to have to make slight modifications to fit after-market parts to vehicles, sometimes the parts need to be modified, sometimes the vehicle. We are committed to working with every customer to make sure our products fit and work, but the customer also needs to have reasonable expectations and understand the nature of our products.
6. Customer shall pay any federal, state, county, local or other governmental taxes, duties, customs fees, and excise taxes, now or hereafter applied on the sale, transportation, import, export, licensing or use of the Items.
7. Exclusive venue for any dispute arising out of or relating to the Items shall be in the Federal or State courts located in Lane County, Oregon, USA. This agreement shall be governed by and construed and enforced in accordance with the laws of Oregon, as such laws apply to a contract made and performed in Oregon. The Convention on the International Sale of Goods shall not apply to interpretation or application of this Agreement or related transactions between the parties.
8. This Purchase Order is the complete and exclusive statement of the parties’ agreement, and supersedes all prior and contemporaneous communications or representations, oral, written or implied, including those involving any agent of either party, relating to Customer’s purchase of the Items. No communications or representations made by either party or either party’s agents not expressly set forth herein shall be binding on either party. This Agreement may only be modified or any term hereof waived by the parties’ written agreement, and no waiver shall constitute a continuing waiver. These terms and conditions shall supersede any additional or different terms contained in any prior or subsequent communication from Customer to Cutting Edge (including any order form or request sent by Customer), and Customer agrees that no order or offer has been made or accepted by Cutting Edge with respect to the Items except as provided herein and in any invoice provided directly by Cutting Edge to Customer.
PRODUCT AND SERVICE LIMITED WARRANTY
The Cutting Edge Illusions Product and Service Limited Warranty takes effect from the date of execution on the job invoice. The Warranty is non-transferable. It is only valid for the paint owner of record when the paint job was completed, as shown on the invoice.
Not all materials are suitable for painting, solvents or adhesives. Cutting Edge is not responsible for defects resulting from application on unsuitable materials provided by a customer (such as peeling, discoloring, detaching, and the like), and is not responsible for damage to materials provided by a customer resulting from application of generally-used paints, solvents and adhesives. Cutting Edge will make its best efforts to determine whether a material is suitable, but ultimately it is the customer’s responsibility to provide materials that are suitable for use with automotive/vehicle paints, solvents and adhesives.
Although it is recognized by Cutting Edge and Buyer that most coatings, including warranted finish, will fade and change in appearance to some degree over a period of time in outdoor installations, and that such changes may not be uniform between surfaces not equally exposed, Cutting Edge warrants that the goods covered by this warranty will resist natural weathering to the extent that they will conform to the performance standards listed below during the term of the Limited Warranty, provided that all conditions of this Limited Warranty are first met.
- Warranted finish will not peel, crack, check, or flake to an extent that is apparent on ordinary outdoor visual observation.
- Vertical installations of warranted finish will not change color more than 5 NBS (Hunter) units, and non-vertical installation will not change color more than 7 NBS (Hunter) units following field installation.
The Limited Warranty only applies to the painted areas as described for the following defects, if they are prominent and extensive, and are not apparent at the time of the paint job's restitution to its owner:
- Cracking or checking
- Loss of gloss caused by hazing, chalking, fading
- Peel of the topcoat or of all the layers included in the process from the substrate
- Color change of the finish material
- Blistering caused by moisture
This is an anti-weathering limited warranty and does not apply to other causes of degradation, including:
- Warranted finish which has suffered scratching or abrasion or impact by a hard object; has been abused, altered, modified, and/or used in a manner not originally intended or stored contrary to instructions of Cutting Edge, or good industry practices; is damaged due to moisture entrapment during transit or storage; is stored or installed in a way which allows for standing water on the coating or in any chemically aggressive environment containing fumes, ash, cement dust, carbon black, salts or other chemicals including prolonged exposure to gasoline and other fuels, whether naturally occurring or caused by man; is stored or installed in an environment that includes a high degree of humidity, sand, dirt, or grease, whether naturally occurring or caused by man; is stored or installed in a way which allows contact with animals and/or animal waste or its decomposition products; is stored or installed in an area, or in such a way, that damage can occur due to poor air circulation; is stored or installed in areas which are subject to fallout from copper, lead, nickel or silver mining or refining operations; has suffered any damage caused by acts of God, radiation, falling objects, explosion, fire, riots, civil commotions, acts of war or other external forces.
- Warranted finish which suffers from cut edge exposure, corrosion of the substrate, or the development of any other condition between the coating and the substrate which causes the coating to degrade or delaminate, including any failure or deficiency in the cleaning process or pretreatment or defects in the substrate including checking and cracking.
- Warranted finish which is installed within 1000 meters of salt water or other marine environment.
- Rust originating from within the auto body with or without the presence of punctures in the steel body
- Blemishes or blistering caused by rust originating within the auto body
- Hazing of the paint caused by improper detergents or particular circumstances (parking in environments subject to industrial emissions of volatile or corrosive substances)
- Scratches or abrasions caused intentionally or accidentally
- Vehicles which have been repainted
- Color change of any painted surfaces not refinished under the warranty
- Damage caused by accidents or vandalism
- Stone chips or other road damage
WHAT WE CANNOT COVER: All chips, scratches, rust, dents, bends or any other markings and deformations that appear on your vehicle after our job is complete. These are all accrued during the normal driving of your vehicle. Cutting Edge is not responsible for the failure of any part due to unusual loads and or situational damage, such as collisions with any foreign object at any speed. Cutting Edge is also not responsible for any damage to the paint or physical body due to salt, gravel, and acts of God. Incidental costs, such as towing fees, rental charges, travel expenses or assemblies and components which are not specifically covered by this limited warranty.
THE LIMITED WARRANTY DESCRIBED IN THIS DOCUMENT SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Cutting Edge Illusions provides a 1 year limited warranty, effective beginning on the invoice date, on bodywork or metal and fiberglass, to include welding and application of materials utilized in making repairs and/or modifications against cracking, flaking, or pitting but not including rust repairs. This warranty does not cover repairs to plastic parts. Cutting Edge will repair and repaint any metalwork warranted hereby, when a claim is made by the vehicle owner unless the damages caused by or resulting from unreasonable use, maintenance or care of the vehicle.
Cutting Edge provides a one year limited warranty, effective beginning on the invoice date, on all mechanical repairs directly pertaining to the original work. Cutting Edge will repair any assembly or component when a claim is made by the vehicle owner listed in this warranty, unless they are damages caused by or resulting from unreasonable use, maintenance, or care of the vehicle.
All parts can be returned within 30 days of purchase provided the part is in the original packaging and is in new condition. Non-defective returns may be subject to a restocking fee of from $5.00 to 20% of the part cost. All special ordered parts from Harley-Davidson are non-returnable except in the case of manufacturer defect. Cutting Edge transfers, from effective date, unless the manufacturer’s warranty is less or more, the listed warranty offered by the manufacturer(s) on new parts installed or resold by Cutting Edge. We will repair or replace any defective part warranted hereby, when a claim is made within the Limited Warranty period, unless it is caused by or damaged resulting from unreasonable use, maintenance or care of the vehicle.
Parts manufactured by Cutting Edge are covered by a 1 year limited warranty. This warranty covers manufacturer defects including bubbles, cracks, and delamination. This warranty does not cover damage caused by misuse or regular riding conditions. Fitment defects are not covered by warranty as fitment will vary from bike to bike. It is common for a customer to have to make slight modifications to fit after-market parts to vehicles, sometimes the parts need to be modified, sometimes the vehicle.
Returns and Exchanges
All returns must be postmarked no later than 30 days from the original customer shipment date. Returns and exchanges must be in new condition and must include all instructions and original packing material. Customer pays all return shipping charges. Include a copy of your packing list with all returns.
Original shipping and handling charges are not refundable. Returns must be preauthorized by us and may be subject to a minimum of $5.00 or a 20% re-stocking fee. These amounts will be deducted from the original amount billed and the remaining balance will be credited to the original credit card or Paypal account.
Incorrect Item: If you received an incorrect item no extra charges will be incurred. We will replace incorrect items and pay the additional shipping charge.
Incorrect Size: No charge for exchange. We will exchange customer orders that do not fit, if the customer requests the same item in a different size. Customer pays all shipping charges.
Fiberglass Parts: Unpainted fiberglass parts can be returned provided they are returned in the same condition as when they were received. Within the 30 days they can be returned for a full refund, after such time they can be exchanged for store credit. Painted parts will be fully refunded within 30 days for the cost of the part and a partial refund for the paint depending on the color and design.
Return Shipping Instructions: Insure shipment for full value of purchase. Use original packaging. We are not responsible for packages lost during return shipping. Please take care when packaging any returns to insure they arrive safely and in the case of non-defective returns that they arrive in sellable condition. If you are shipping 2 or more chrome items, make sure they are wrapped and padded individually to protect the items from banging around in the box and marring the chrome, packing peanuts alone will not prevent this. Retail packaged items must be sellable as new in the original packaging. Torn or taped shrink wrap is NOT considered as new. Please refrain from using duct tape on actual product boxes, it is not standard packaging tape and will prevent us from selling the product as new. Items banged up from insufficient padding or taped in duct tape will be refused and returned to the shipper at their cost.
Enclose a copy of your packing list or E-mail Invoice along with detailed return/exchange instructions. Send exchanges and returns to:
Cutting Edge Illusions
120 Cleveland St
Eugene, OR 97402