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 www.tabperformance.com 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:
This Limited Lifetime Warranty (the “Warranty”) constitutes the sole and exclusive warranty made by TAB Performance®, Inc. (“TAB Performance”), in connection with TAB Performance-branded products sold by TAB Performance on or after January 1, 2018 (each, a “Product” and collectively, the “Products”). This Warranty does not apply to (i) any TAB Performance-branded products sold prior to January 1, 2018, and (ii) any non-TAB Performance branded products sold by TAB Performance, prior to, on or after January 1, 2018. To the fullest extent permissible by law, TAB Performance disclaims any and all warranties with respect to non-TAB Performance-branded products sold by TAB Performance.
Subject to the limitations set forth herein, TAB Performance warrants to the original purchaser that the Products shall be free from defects in materials and workmanship during the lifetime of such Products. The word “defects” is defined to mean imperfections that impair the use of the Product. Defects resulting from misuse, abuse, intentional damage, unreasonable use or negligence will void this Warranty. This Warranty does not cover defects due to alteration or accident, damage due to vandalism, rusting, “acts of nature,” scratching, scuffing or other cosmetic damage that may result from normal use of the Product, or any other event beyond the control of TAB Performance. This Warranty does not apply to any TAB Performance product which has been installed on any commercial or racing vehicle or vehicles equipped with supercharged, turbo-charged or nitrous oxide, or external heat wraps. Use of a Product outside of its originally intended use, including but not limited to use in conjunction with any other aftermarket product or original equipment product not expressly authorized or recommended in writing by TAB Performance, shall void this Warranty. Sound and performance may vary from vehicle to vehicle and is expressly not covered by this Warranty. Small flaws and/or marks or inclusions in the coating or finish are customary for exhaust coatings and do not necessary constitute a defect. “Blueing” and/or discoloration are caused by improper tuning, cam timing, engine timing, jetting, long periods of idling, slow speed travel under load, overheating, etc., and are expressly not covered by this Warranty. Products identified by TAB Performance at the time of sale as being discontinued, used or blemished are expressly excluded from this Warranty.
If a Product is deemed to be defective, TAB Performance may, in its sole and absolute discretion, satisfy its obligations under this Warranty in full by either (a) replacing the defective Product (or any defective part thereof), or (b) refunding the purchase price paid for the Product. If only part of the Product is defective, TAB Performance may only replace the defective part, and not the entire Product. If the defective Product has been discontinued, TAB Performance reserves the right to credit the purchaser an amount equal to the original retail purchase price paid for the discontinued Product toward another Product purchase.
By purchasing the Product, the purchaser accepts and agrees to this Warranty and acknowledges that this Warranty is in lieu of all other warranties, expressed or implied, including warranties of merchantability or fitness for use. Any warranty which is implied, and which cannot be disclaimed, shall be limited in duration to a term of one year from the date of original retail purchase. The disclaimers contained in this paragraph shall apply to any claim presented, whether the underlying legal theory is based on contract, tort, negligence, strict liability, statute, regulation, consumer protection laws or otherwise. The sole obligation of TAB Performance hereunder shall be to repair or replace the defective Product, or refund the purchase price paid therefor. TAB Performance expressly disclaims, and shall not be liable for, general, special, direct, indirect or consequential damages (and expressly disclaims damages from lost profits) which may result from a Product defect.
If any provision of this Warranty is deemed unenforceable by a court of competent jurisdiction, the unenforceable provision(s) shall be severed and remaining provisions of this Warranty enforced. Liability for incidental or consequential damages is excluded to the extent permitted by law. While every attempt is made to embody the highest degree of safety in all products, freedom from injury cannot be guaranteed. The user assumes all risk of injury resulting from the use of the Product(s). All Products are sold on this condition, and no representative of TAB Performance, other than its President, may waive or change this policy.
This Warranty applies only to the original retail purchaser of the Products and is not transferrable to any successor owner or any other party. This Warranty shall apply only to Products sold to purchasers in the United States of America, Canada, or Mexico. Products sold to purchasers located outside of the United States of America, Canada and Mexico shall be covered by this Warranty for one year from the date of purchase. This Warranty shall be governed by, and construed according to, the laws and judicial decisions of the State of Nebraska, and proceedings to enforce the terms hereof shall be brought and maintained in the Nebraska District Court in and for Lancaster County, Nebraska.
To make a claim under this Warranty, the purchaser shall first call TAB Performance technical support at (888) 822-0700, ext. 2, to receive a Return Authorization Number (RA#). The purchaser shall promptly thereafter, at the purchaser’s expense, ship the defective Product to TAB Performance, Inc., Attn: Warranty Department, 2139 Magnum Circle, Ste. 1, Lincoln, Nebraska, and shall also include the (1) the original dated sales receipt (or equivalent acceptable to TAB Performance in its sole and absolute discretion), (2) the RA# clearly written on the outside of the shipping package, and (3) all mailing and freight charges, prepaid. TAB Performance accepts no responsibility for Products damaged in transit.
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. www.tabperformance.com will not declare any false indication on the customs to avoid or reduce these fees.