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.

EMISSIONS NOTICE: The products sold by  TAB Performance, Inc. may not meet noise and emissions regulations in your area and are meant for off-road use only. You are responsible for knowing and complying with local and federal regulations if you plan on using them on public roads. California has particularly stringent regulations regarding motorcycle aftermarket parts that have the potential to impact emissions. In most instances, the sale and/or use of emissions related aftermarket parts on motorcycles is prohibited unless it is either a "replacement part" as defined by California, or is a specifically authorized use of that part as reflected in an Executive Order ("EO Part.") The California Air Resources Board (CARB) regulates aftermarket parts and has stringent regulations placing all emissions related aftermarket parts into three categories: (1) Replacement Parts Replacement Parts are aftermarket parts that CARB considers to be functionally equivalent to the stock part they are intended to replace, and therefore would not impact the emissions from these vehicles. These parts are appropriate for sale and use on motorcycles used on or off the public highways. For aftermarket exhaust systems and parts, there are two applicable scenarios: (a) If the motorcycle’s stock exhaust system does not contain a catalytic converter, then an aftermarket exhaust part is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system, such as oxygen sensors. (b) If the motorcycle’s stock exhaust system contains a catalytic converter in the manifold section of the stock exhaust system, then an aftermarket muffler positioned downstream from the catalytic converter (i.e. cat-back) is a replacement part as long as the part does not remove or replace any emission control equipment originally attached to the stock exhaust system. (2) Executive Order Parts Executive Order Parts are aftermarket parts that CARB has evaluated and determined do not adversely impact emissions, and thereby are granted an Executive Order (EO), which allows the part to be sold and used on specified motorcycles. Any aftermarket exhaust system that replaces or otherwise impacts emission control equipment, including catalytic converters, requires an EO to be sold and used on a motorcycle used on or off a public highway. (3) Competition Use Only Parts Competition Use Only Parts may not be sold or used on a motorcycle that is used on or off the public highways other than those motorcycles used exclusively for competition. Competition Use Only Parts are aftermarket parts that replace or otherwise interfere with the operation of an emission control device, such as a catalytic converter or oxygen sensor, and may be sold and used on a motorcycle that is used only for closed course competition.

WARRANTY AND LIABILITY LIMITATIONS:  TAB Performance, Inc. Offers a one (1) year limited liability warranty on all of their products, unless otherwise specified. All warranties are nontransferable and are limited to or through the original retail purchaser of the product(s) only. "Date of Invoice" for any  TAB Performance, Inc. warranty refers to the date on which the product(s) was purchased by a retail user, dealer or wholesaler. Under no circumstance will any warranty expiration be extended, unless agreed to by  TAB Performance, Inc. in writing. Repair, replacement or a refund of the purchase price of the product is up to the sole discretion of TAB Performance, Inc..  TAB Performance, Inc. is not responsible for incidental or consequential damages. Implied warranties, including those of fitment for a particular purpose and merchantability, are limited in duration to the one (1) year term of this expressed warranty. There are no express or implied warranties beyond those set forth here.  TAB Performance, Inc. reserves the right to investigate all warranty claims. Blueing and/or discoloration is not covered under warranty, it is a result of improper tuning,cam timing, engine timing, jetting, overheating etc. It is not caused by defective manufacturing.

SHIPPING: INTERNATIONAL DISCLAIMER: Duties, Taxes, & Fees: Import duties, taxes, and brokerage fees are not included in the product price or shipping and handling cost. Any applicable duties, taxes or fees will be collected upon delivery by the carrier. These charges are recipient’s responsibility as we only charge for the transportation cost of the package. You should check with your country’s customs office to determine what these additional costs will be.  TAB Performance, Inc. will not declare any false indication on the customs to avoid or reduce these fees.

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 TAB Performance, Inc.. The collective work includes works that are licensed to TAB Performance, Inc.. Copyright 2015, TAB Performance, Inc. 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 TAB Performance, Inc. or purchasing TAB Performance, Inc. 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 TAB Performance, Inc. or to purchase TAB Performance, Inc. 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 TAB Performance, Inc.. 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 TAB Performance, Inc. used in the site are trademarks or registered trademarks of TAB Performance, Inc.

TYPOGRAPHICAL ERRROS: In the event that a TAB Performance, Inc. product is mistakenly listed at an incorrect price, TAB Performance, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TAB Performance, Inc. 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, TAB Performance, Inc. 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 TAB Performance, Inc. 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: TAB Performance, Inc. 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 TAB Performance, Inc..

MISCELLANEOUS: Your use of this site shall be governed in all respects by the laws of the state of Nebraska, 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 TAB Performance, Inc. products) shall be in the state or federal courts located in Lancaster County, Nebraska. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TAB Performance, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. TAB Performance, Inc.'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. TAB Performance, Inc. 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 TAB Performance, Inc. 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: TAB Performance, Inc. 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, TAB Performance, Inc. 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, TAB Performance, Inc. 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 TAB Performance, Inc. in its sole discretion.

INDEMNIFICATION: You agree to indemnify, defend, and hold harmless TAB Performance, Inc., 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 LINK: In an attempt to provide increased value to our visitors, TAB Performance, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with TAB Performance, Inc., TAB Performance, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TAB Performance, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TAB Performance, Inc. 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).