Terms & Conditions

The information, software, products, and services included in or available through the Hawk Performance Diesel website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Hawk Performance Diesel and/or its suppliers may make improvements and/or changes in the Hawk Performance Diesel website at any time.

Advice received via the Hawk Performance Diesel website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Hawk Performance Diesel and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Hawk Performance Diesel website for any purpose.

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Hawk Performance Diesel and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and noninfringement.

To the maximum extent permitted by applicable law, in no event shall Hawk Performance Diesel and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Hawk Performance Diesel website, with the delay or inability to use the Hawk Performance Diesel website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Hawk Performance Diesel website, or otherwise arising out of the use of the Hawk Performance Diesel website, whether based on contract, tort, negligence, strict liability or otherwise, even if Hawk Performance Diesel or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Hawk Performance Diesel website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Hawk Performance Diesel website.

Hawk Performance Diesel, and its officers, directors, employees, agents, assigns and successors (SELLER) shall in no way be responsible for any direct, indirect or consequential damage resulting from improper installation and/or use of products offered for sale through this website.

BUYER and/or USER assumes all responsibility for any damage resulting from the use or misuse of this product.

To the maximum extent permitted by applicable law, BUYER hereby waives all claims against SELLER arising from the use of this product.

BUYER hereby waives all remedies or liabilities, expressed or implied, arising by law or otherwise, (including without any obligations of SELLER with respect to fitness, merchantability and consequential damages) or whether or not occasioned by SELLER’s negligence.

SELLER disclaims any warranty and expressly disclaims any liability for personal injury or damages.

BUYER acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and BUYER agrees to indemnify SELLER and to hold SELLER harmless from all claims related to or arising from installation and/or use of the product purchased.

Under no circumstances will SELLER be liable for any damages or expenses by reason of use or sale of any such products.

SELLER assumes no liability regarding the improper installation, misuse, or misapplication of its products.

It is BUYER’S responsibility to ensure proper installation and use.

All notices from Hawk Performance Diesel to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Hawk Performance Diesel shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: 940 S HURD RD, Oxford MI 48371

Delivery shall be deemed to have been made by You to Hawk Performance Diesel five (5) days after the date sent.

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Hawk Performance Diesel.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Hawk Performance Diesel or any third party, except as expressly granted herein.

Any personal information submitted to Hawk Performance Diesel is used for the purchase of goods and services from Hawk Performance Diesel as well as delivery of goods and services. Hawk Performance Diesel does not sell its consumers information for profit.

At this time, Hawk Performance Diesel ships merchandise to locations within the Continental United States. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Hawk Performance Diesel reserves the right to change its payment procedures at any time without prior notice to you. All sales final.

BUYER acknowledges the products sold through this website constitute the intellectual property of Hawk Performance Diesel and/or others. BUYER acknowledges that his purchase of such products constitutes a license to use such products for a single use on a single vehicle and that SELLER reserves all other ownership and use rights.

BUYER agrees he shall not resale or redistribute these products under any circumstances unless specific and limited rights have been given in writing by SELLER to BUYER

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Hawk Performance Diesel is the SELLER of all products offered by sale on this website. By purchasing any product through this website, BUYER acknowledges and agrees:

1. All products offered for sale through this website are designed and intended for off-road vehicles and for off-road use only.
2. Use on any state or federal highway may constitute a violation of the Clean Air Act (CAA). The CAA can be found at http://www.epa.gov/air/caa/. The CAA contains, in detail, what are considered to be violations of motor vehicle emission standards and corresponding penalties for failure to obey, and should be read in full before acknowledging this disclaimer and/or installing this off-road only use product. It is the responsibility of the BUYER to ensure all USERS of products purchased by BUYER understand and comply with all local, state and federal laws regarding vehicle emissions standards, noise/sound, and speed/use.
3. Some products offered for sale through this website, except apparel items, are capable of the following:
   1. Making a vehicle non-compliant with local, state and federal emissions regulations.
   2. Making a vehicle capable of obtaining vehicle speeds unsafe for driving conditions.
   3. Making a vehicle capable of obtaining conditions exceeding safe vehicle speeds based on mechanical condition of the vehicle, such as tire speed ratings.
   4. Making the vehicle capable of exceeding mechanical limits of engine speed, power output, and mechanical stress upon the powertrain, driveline, chassis, and body of the vehicle.
   5. Producing power and torque output(s) requiring superior driving skills and techniques in order to be safely applied.

It is the sole responsibility of BUYER of these products to make BUYER and any USER of these products aware of these additional capabilities and adjust the installation and use of the product accordingly, or to not install or use the product.

4. Installation and use of these products could result in the voidance of vehicle and/or parts manufacturers’ warranties.
5. BUYER is not relying upon SELLER’S skill or judgment to select or furnish products suitable for any particular purpose and all products are sold without any warranty whatsoever, express or implied, as to fitness for any particular intended use.
6. No product is available for sale or use in the state of California.