Terms and Policies
Purchasers understand and recognize that all parts and equipment, inventory and services manufactured and/or sold by Day Motor Sports are exposed to many and varied conditions due to the manner in which they are installed and used. Purchasers and Day Motor Sports consciously desire to make their own bargain, irrespective of any court decision, and purchasers agree upon good faith and in consideration for being allowed to purchase from Day Motor Sports said parts or services. Purchasers expressly acknowledge and understand that Day Motor Sports does not make any affirmation of fact or promise to purchase which relates to said parts, inventory, or services that becomes part of the basis of the bargain with purchasers. Nor does Day Motor Sports make, or cause to be made, as a part of the basis of the bargain with purchasers any description or affirmation of fact concerning any sample or model of racing parts, and equipment inventory or service. As further consideration for purchasers using Day Motor Sports racing parts and equipment any and all inventory and services, purchasers acknowledge that due to the differing conditions and circumstances under which all equipment and parts are installed and used, purchasers are not relying on Day Motor Sports skill or judgment to select or furnish the proper part or equipment. Purchasers expressly affirm that they are relying upon their own skill or judgment to select and purchase suitable goods. Day Motor Sports makes no warranties whatsoever, expressed or implied, oral or written, to purchasers. There is no warranty of merchantability made to purchases. Day Motor Sports further excludes any implied warranty of fitness with respect to racing and equipment, any and all inventory, and service. It is expressly understood and agreed between purchasers and Day Motor Sports that as part of the bargain between Day Motor Sports and purchasers, and in consideration of doing business with each other, all purchasers take, select and purchase said racing parts, equipment, any and all inventory, or services from Day Motor Sports "as is" and with "all faults" and Day Motor Sports shall always provide purchaser with a full and complete opportunity to examine, at purchasers' leisure and convenience, any racing parts, and equipment, any and all inventory or services when purchaser contemplates purchasing from Day Motor Sports. If, and in the event that purchaser expressly or implied cause representation, or statements or affirmations of fact contrary to this disclaimer of all warranties, expressed or implied, than purchaser agrees to indemnify and hold harmless Day Motor Sports by any purchaser. Purchasers understand and agree that no officer, director, employee, or salesman of Day Motor Sports has any authority to make any statements contrary to the terms of this agreement. On the contrary, Day Motor Sports disavows any statement contrary to what is herein above written.