This site (www.dpsdirect.com) is owned and operated by Diesel Performance Shops. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Diesel Performance Shops. The material related to specific brand and manufacturer, including design, logos, graphics, icons, and images etc. belongs to the respective manufacturer and is used only for the sole purpose of selling those products on this site. All software used on the site is the sole property of Diesel Performance Shops or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order or for a lawful business purpose with the company only and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

All orders are processed upon receipt and subject to acceptance by the company after review. Orders are not processed or shipped on Saturdays, Sundays, or Holidays. Actual shipping time is contingent upon availability of merchandise and credit verification by Credit and Fraud Protection Department. Most orders are shipped within 1-3 business days of receiving your order. Depending upon product availability, a best effort is made to ship out items the same day if your order is received before 2PM. Orders that are shipped to an address other than the credit card billing address or any order that meets a certain value are automatically sent through for manual verification. Consequently, such orders may take an additional 0-3 days of processing time.

Back Orders / Partial Shipments:

We attempt to always ship orders complete. We regularly stock every item we carry. Although every attempt is made to maintain inventory of each product we carry, occasionally we may run out of certain products. In the event that back order item(s) are more than 50% of total order value, we will give you an estimated time of availability and you have the choice of canceling the out-of-stock items, holding off shipment of your entire order until the product is available, or receiving a partial shipment of the in-stock items first and the out-of-stock items when they are available. No additional shipping charges will be incurred by the customer for these partial shipments. In any other case, unless otherwise instructed in the order, if your order cannot be shipped complete, we will make a partial shipment. In the event this happens, we will do our best to complete the order ASAP, as well as inform you of the status of the order. Once the items become available, they will be shipped out at no additional charge to you unless they are canceled.

We ship to all 50 states in the US. We don't accept any International orders. We don't ship to Hotels or Non-Public mail facilities (i.e. Mail Boxes Etc), or US P.O. Boxes. Diesel Performance Shops cannot be held responsible for shipping delays caused by shipping/trucking companies. We mainly use FedEx and UPS for shipping all orders. We may ship your order through any of those companies based on our needs and requirements, without any approval or notice to the customer. (FedEx or UPS shipping method names, appearing on this site may refer to both companies interchangeably.)

Oversized Shipping:

Heavy/Oversize Shipment - Items weighing over 70 lbs. or exceeding shipping dimensions may also be shipped by a Freight carrier (trucking company).

Forwarding Addresses:

Diesel Performance Shops is not responsible for any merchandise that is forwarded or rerouted to an address different than the one specified on the original order. Any merchandise that was altered by the customer without written consent of Diesel Performance Shops is the sole liability of the customer. It is our policy that we only ship within the United States, and not internationally.

Our shipping and handling charges are based on the mode, method, product, weight and destination of your order (Except Alaska and Hawaii*). Please note that shipping time is not the same as total delivery time. We need time to process, customize and assemble your order before we actually ship it, choosing Overnight does not mean your order will be delivered the day after you place your order online. Please note we do not ship or deliver orders on Saturdays, Sundays or holidays. We reserve the option to cancel the order in the event the Shipping and Handling charges are not calculated due the any database, computer related or internal error. We will inform customer of any such situation and ask for approval/replacing/modifying the order with us. If the actual shipping cost is lower, we will adjust it down.

Orders requiring Rush Delivery and/or Special Handling will be subject to additional special handling charges. When we receive an order requiring special handling we will inform you by email. If you would like to request special handling or rush delivery please email our customer service department.

Credit Card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We have in place advanced tracking mechanisms and Diesel Performance Shops will use all means available to prosecute persons attempting fraud to the fullest extent of the law. Purchasing merchandise from www.dpsdirect.com is tracked and Diesel Performance Shops cooperates with federal and local agencies incase of fraud, submitting all information such as but not limited to: logged IP addresses, complete call records including originating & terminating phone numbers, and email addresses. Credit Card fraud is a Federal Offense in United States. Conviction on Credit Card Fraud Carries Penalties of 10 Years Imprisonment and/or a $10,000 Fine!U.S.C. Title 18, Section 3056, Subsection (b), specifically authorizes the United States Secret Service to detect and arrest any person who violates federal criminal laws relating to credit card fraud and related activity in connection with computers and/or access devices.

All orders are subject to acceptance. Once we receive your order we may be calling all new customers to verify their orders before an order is fulfilled. If your order is received after hours your order will be completed the next business day. On verifying your information, your account and orders would be processed without delay. We apologize for any inconvenience this may cause you. This is a one time extra step for all our new customers, toward fraud protection. Diesel Performance Shops takes all security precautions available to prevent unauthorized credit card use.

Prices are subject to change without any notice. Manufacturers are constantly updating their product lines and eliminating some models. Should you learn of a new model on the market please call us for information. When manufacturer prices are lowered, we will pass the savings on to you, based on our lot purchase price. If a price goes up, we may have to increase our price. We will contact you in the event of a price change for approval. We will try to meet or beat any authorized competitors' price (on the same unit with proof of advertised price at the time of ordering). Price matching is only applicable to identical conditions of sale. The item must be in stock at the other authorized dealer (not a floor sample or "open box" item), and not be a club "members price". We naturally do not match other dealer's typographical errors. The products we sell come with manufacturer's warranty (unless specifically stated otherwise). Details about specific product warranties are found in the product boxes. Many of our web site product descriptions include warranty information; in addition, we include a comprehensive listing of manufacturer telephone support numbers along with the product you ordered. All orders are subject to our approval. We reserve the right to limit quantities. We reserve the right to cancel any order.

All products are sold without any batteries or accessories, unless explicitly stated or confirmed within the item description.

Each product is fully guaranteed by the manufacturer. The complete warranty is included with the product. The manufacturers' warranty covers repair or replacement of defective parts, subject to the conditions set forth. On most items, Diesel Performance Shops offers a 30-day exchange/refund on any of our products, and store credit for products returned up to 60-days. The product can only be returned after receiving a RMA number from us. Products returned without RMA number will not be accepted. For a RMA number (Return Merchandise Authorization) contact Customer Service. All Returns require an authorization number. Please note that a RMA # does not guarantee final disposition. All returns are subject to inspection. Once the item has been shipped by us, all Shipping and handling charges are non refundable. Customer will be responsible for shipping charges to the destination plus the additional shipping charges back to Diesel Performance Shops unless the shipment was damaged by the shipper and the shippers documentation confirms such. For products shipped under a 'Free Shipping' offer, returned shipping charges will be borne by the customer.

Damaged Or Incorrect Items:

In the event that any of your products arrive damaged, or you receive the wrong item, please e-mail our Customer Service within 24 hours. If the condition of goods and packaging material are not 100% complete and in mint condition we reserve the right to charge a restocking fee. Shipping costs for all damaged or incorrect item returns will be handled by a case-by-case basis. All exchanged/returned merchandise must be in original factory condition, including all packaging materials, inserts and manuals, warranty cards (not filled-out) and all accessories. Please do not tape or write anything on the item or the package! Pack the products into a shipping box with plenty of packing material, and tape securely. Write the RMA# issued by Customer Service clearly on the outside of the shipping carton. Any merchandise returned to us unauthorized will be refused. If not already provided with a pre-paid return shipping label, please ship your parcel back to us freight prepaid and insured! We suggest that you use UPS Ground Service "Insured." Sorry, we cannot accept COD or freight-collect shipments. No goods will be accepted for exchange or return without authorization. Further more, we cannot accept returns of certain items, including:

1. Any item that is returned more than 60 days after delivery.
2. Any item that is not in its original condition, is damaged, or is missing parts.
3. Any product missing the serial number or UPC bar code.
4. Any used maintenance products such as OEM air/oil filters and lubricants.

Customers will be held responsible for any and all additional shipping charges incurred by the refusal of deliveries. Refused "Private Trucking" deliveries (such as exhaust systems, and generally all items over 70lb), customer will be responsible for shipping charges to the destination plus the additional shipping charges back to Diesel Performance Shops unless the shipment was damaged by the shipper and the shippers documentation confirms such. Confirmation must be made with Diesel Performance Shops before the refusal of any and all shipments.

Diesel Performance Shops credo is truth in advertising, and we aspire to publish accurate selling prices for the products we offer. However on occasion we do make mistakes. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Diesel Performance Shops shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Diesel Performance Shops shall have 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 canceled, Diesel Performance Shops shall immediately issue a credit to your credit card account in the amount of the charge.

Diesel Performance Shops can offer/advertise for promotional give away prizes by random drawing. Please read the official rules for any such promotions.

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Diesel Performance Shops is not responsible for the operation of or content located on or through any such site.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Diesel Performance Shops reserves the right at any time after receipt of your order to accept or decline your order for any reason. Diesel Performance Shops reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud prevention department. We may require additional verifications or information before accepting any order.

Diesel Performance Shops shall automatically charge and withhold the applicable sales tax for orders paid or delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders paid or shipped to any other state.

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. Diesel Performance Shops may provide on-line technical notes on products as well as links to the technical support departments of the manufacturers.

Except as expressly stated herein, Diesel Performance Shops makes no representations or warranties, either express or implied, of any kind with respect to products sold on the www.dpsdirect.com website. Except as expressly stated herein, Diesel Performance Shops expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Diesel Performance Shops arising from any product sold on the www.dpsdirect.com website shall be the price of the product ordered. In no event shall Diesel Performance Shops, its directors, officers, employees or other representatives be held liable for special, indirect, consequential, or punitive damages related to product sold.

The www.dpsdirect.com web site and the materials therein are provided "as is". Diesel Performance Shops makes no representations or warranties, either express or implied, of any kind with respect to the www.dpsdirect.com website., their operations, contents, information, or materials. Diesel Performance Shops expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Diesel Performance Shops, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the www.dpsdirect.com website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

You agree to make every effort to first resolve all the issues/dispute through standard arbitration procedure and methods as laid down by the County of Los Angeles and/or State of California. You agree that any legal action brought against Diesel Performance Shops shall be governed by the laws of the State of California without regards to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the www.dpsdirect.com website shall be an appropriate federal or state court located in Los Angeles County, California.

Information collected by Diesel Performance Shops is used solely to process the respective transaction. We respect your privacy: we do not sell, rent or share in any format, information collected by us. An industry standard 128-Bit SSL (Secured Socket Layer) page is used to collect information. Email addresses collected may be used by Diesel Performance Shops to inform customers of any special offers / events arranged by ourselves. For a detailed Privacy Policy please click here.

BUSINESS HOURS
9.00AM ~ 5.00PM PST
(Pacific Standard Time)

BUSINESS DAYS
Monday ~ Friday
(Closed Holidays & Weekends
Unless Otherwise Specified)

This statement is Diesel Performance Shop’s Condition of Use policy. It sets out the Condition of Use under which we provide our Site and Services to you. In this Condition of Use "you" or "your" refers to a user of our Site or Services. We also have a Privacy and Security Statement which forms an important part of this Condition of Use. The Privacy and Security Statement sets out the information which we will gather about you through your use of our Site and Services and the way in which we will use it. Please read our Privacy and Security Statement before using www.dpsdirect.com Your acceptance of the Terms and conditions constitutes your acceptance of the Privacy Policy. We may amend this Condition of Use (and the Privacy and Security Statement) at any time by posting the amended condition on our Site. The obligation is on you to check the Site to monitor whether any such amendments have been made. Your continued use of the Site and the Services will constitute your acceptance of any such amendments.

A. Use Of Our Site & Services

Our Site and Services are currently available only to people in the USA. Additionally, in order to use Site and Services you may be required to register. Once you have completed the registration process, you will be required to register before completing a purchase on the Site or using the Services. You must not interfere with or disrupt the site Service, equipment or other users of the Service in a way that would cause any interruption, damage, impairment or loss of efficiency to the Service, equipment or to other users of the Service. Such interferences or disruptions include, but are not limited to, the mass distribution of unsolicited advertising and e-mail, the sending of threatening or harassing e-mail messages, the forgery or attempted forgery of e-mail messages, the propagation or dissemination of computer viruses or using the network to hack or make unauthorized entry into our Site or Service or any other computer or machine accessible from the Service.

B. System Integrity

When using our Site and Services you must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Services or any activity conducted at the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. Where we have assigned a password to you, you must not disclose your password to any other person or use your password for any unauthorized purpose.

C. Your Personal Information

While using our Site and Services you may be given the opportunity to enter or provide information or content. This content may be personal about yourself or it may be content for use about yourself, in order to gain access to that part of the Site or to that Service. Also, you may be given an opportunity to post information, for example, on a bulletin board, email list or messaging service within our Site. Your personal information includes any information you provide to us or other users while using our Site, our Services or through any other Service we provide (Personal Information). You must ensure that Personal Information and any information you provide in relation to your use of our Site and Services:

1. Is not fraudulent
2. Does not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
3. Does not violate any law, statute, ordinance or regulation;
   Is not defamatory, libelous, unlawfully threatening or unlawfully harassing
4. Is not obscene
5. Does not in any way impinge on another user's use or enjoyment of the Site or Services
6. Does not contain any computer viruses.

We will only use Personal Information in accordance with this Condition of Use and our Privacy and Security Statement. You acknowledge and agree that we may take any action with respect to your Personal Information if we deem it necessary or appropriate in our sole discretion. If we reasonably believe or if a government department, government agency or law enforcement agency informs us that there is any information on our Site which is in contravention of, or may contravene, any law, industry code of practice, policy, guideline or regulation, or if there is any information on our Site which comes to our attention and we think that it may so contravene, you agree that we have the right in our absolute discretion to remove that information or any part of that information from our Site.

D. Privacy

Our Privacy and Security Statement (as it appears from time to time) is available at www.dpsdirect.com. We will take reasonable steps to abide by this policy and all users of the Site hereby agree to its Condition of Use and agree to act in accordance with the policy when using this Site. If you do not agree to the collection of this information and the other information specified in the Privacy and Security Statement, then please do not accept these Condition of Use. By accepting the condition and conditions of this Condition of Use, you also consent to the collection, use and disclosure of your personal information in certain circumstances. These are described in the Privacy and Security Statement.

E. Links

Part of our Site may have links through to web pages not controlled, associated or affiliated with Diesel Performance Shops. We are in no way responsible for any content appearing on such a web page. Also, the fact that a link to such a web page may be included on our site does not mean that we in anyway endorse or are associated or affiliated with that site or any of its content. We are not responsible for any loss or damage suffered by your use of the Site or any dealings you may have with services offered on any site of a third party.

F. Breach & Termination

If you breach this Condition of Use we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of our Site or Services. In any event, we may terminate this Condition of Use (and your right to use any of the Services or the Site) at any time and for any reason without prior notice to you.

G. Limit Of Liability

We provide our Site and Services "as is" and without any warranty or condition, express or implied. To the maximum extent permitted by law, we specifically exclude warranties implied by law in relation to title, merchantability, fitness for a particular purpose and non-infringement of third party rights in respect of goods and services supplied through the Site. We will not be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising directly or indirectly out of or in connection your use of the Site. To the extent permitted by law we limit the remedies available under this Condition of Use, and our liability for breach of a condition or warranty implied by law legislation to the following remedies (the choice of which is to be at our sole discretion):

1. In the case of goods, any one or more of the following:
   • The replacement of the goods or supply of equivalent goods
   • Therepair of the goods
   • Thepayment of the costs of replacing the goods or of acquiring equivalent goods
   • Thepayment of the costs of having the goods repaired
2. In the case of services:
   • Supply of the services again
   • The payment of the cost of having the services supplied again

Nothing in this Condition of Use is intended to limit or exclude any liability on our part, where and to the extent that applicable law prohibits such exclusion or limitation. In relation to web sites outside our Site and Services, we exercise no control over the material which may be accessed and the goods and services which may be acquired at such sites. You must exercise your own judgment as to whether to access the web sites and acquire goods and services of unrelated third parties.

H. Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs)(Claim) suffered or incurred by us arising from, or which is directly or indirectly, related to:

1. Your breach or non-observance of any term of this agreement
2. Any breach or inaccuracy in any of your representations or warranties
3. Any action or claim brought by a third party which relates to all or any part of the Personal Information
4. Use of the Site and or the Service by you or any other person using your log-in particulars
5. For any goods or services purchased by you whilst on the Site or using the Service or from a third party providing goods and/or services on the Site or through the Service.

In relation to a Claim, we may require you to conduct the defense, including negotiations for settlement or compromise prior to the institution of legal proceedings or modify, alter or substitute any potentially infringing part of the Personal Information at your own expense, to render the Personal Information non-infringing. You must comply with any requirement notified to you in accordance with this clause.

I. General Compliance With Laws

You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of our Site and Services.

J. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and us by this Condition of Use.

K. Notices

Except as explicitly stated otherwise, any notices will be given by postal mail or e-mail via Customer Service (in our case) or to the email address you provide to us during the registration process (in your case). Notice will be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid.

L. Credit Card Fraud

Credit Card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. Advanced tracking mechanisms have in place and Diesel Performance Shops will use all means available to prosecute persons attempting fraud to the fullest extent of the law. Purchasing merchandise from Diesel Performance Shops is tracked and we co-operate with federal and local agencies incase of fraud, submitting all information such as but not limited to: logged IP addresses, complete call records including originating & terminating phone numbers, and email addresses. Credit Card fraud is a Federal Offense in United States. Conviction on Credit Card Fraud Carries Penalties of 10 Years Imprisonment and/or a $10,000 Fine! U.S.C. Title 18, Section 3056, Subsection (b), specifically authorizes the United States Secret Service to detect and arrest any person who violates federal criminal laws relating to credit card fraud and related activity in connection with computers and/or access devices.

M. General

These conditions are be governed by and construed in accordance with the laws of the State of California, Los Angeles, USA. All users of this Site and our Services irrevocably submit to the non-exclusive jurisdiction of the courts of the State of California, Los Angeles. The provisions of these Conditions of Use are severable and if any provision of these Conditions of Use is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of these Conditions of Use by you or others does not waive our right to act with respect to subsequent or similar breaches. These Conditions of Use may not be construed adversely to us solely because we prepared it. These Conditions of Use set out the entire understanding and agreement between you and us with respect to its subject matter herein.