Terms & Policies

Table of Contents:

• Backorder Policy
• Payment Options
• Sales Tax & Exemption Information
• Warranty

BACKORDER POLICY

If Day Motor Sports receives an order that includes an item marked for backorder on the website, the item will be placed on backorder automatically and shipped when Day Motor Sports has that item back in stock. We may call to confirm you still wish to receive the backordered item before shipping it.

If Day Motor Sports receives an order that includes items that are out of stock but not marked for backorder on the website, the following will occur:

1. A sales representative will try calling the phone number provided by the customer. If the customer does not answer and the phone number, does not have a voicemail or the voice mail is full, the customer will be sent an e-mail.
   1. If the customer answers, returns the call, or replies to the e-mail, arrangements will be made with the customer on how to proceed with the order.
   2. If no reply is received from the customer:
      1. Free shipping or FedEx Ground orders will be shipped after 24 hours have passed. The backorder will be canceled, and a refund will be made to the customer if applicable.
      2. Orders with any other shipping methods specified will be shipped the same day. The backorder will be canceled, and a refund will be made to the customer if applicable.
2. When a backordered item is received into stock a sales representative will try calling the phone number provided by the customer. If the customer does not answer and the phone number, does not have a voicemail or the voice mail is full, the customer will be sent an e-mail.
   1. If the customer answers, returns the call, or replies to the e-mail, arrangements will be made with the customer on how to proceed with the backorder (fulfill or cancel).
   2. If no reply is received from the customer, the backorder will be canceled after 24 hours and a refund will be made to the customer if applicable.

PAYMENT OPTIONS

Payments Accepted For Website Orders:

• Orders must be prepaid by Visa, MasterCard, American Express, Discover or Day Motor Sports gift card.
• PayPal

Payments Accepted For Call-In Orders:

• Orders must be paid by Visa, MasterCard, American Express, Discover or Day Motor Sports gift card.
• PayPal
• C.O.D. (certified check or money order only, cash will not be accepted).
• No personal checks.
• No company checks without prior authorization

Payments Accepted For Walk-In Orders:

• Orders must be paid by Visa, MasterCard, American Express, Discover or Day Motor Sports gift card.
• PayPal
• No personal checks.
• No company checks without prior authorization
• Cash

SALES TAX & EXEMPTION INFORMATION

As of July 2019, Day Motor Sports has discarded all sales exemptions in our system and is requesting any entity with tax exempt status to provide a new Texas Sales and Use Tax Resale Certificate (TX Form 01-339) or the correct certificate for their state/status.

Day Motor Sports collects sales tax for the following states: Arkansas, Alabama, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming

When filling out an exemption certificate please list our information as:
   Day Motor Sports, LLC
   6100 US Highway 69 N
   Tyler, TX  75706

Please either e-mail the completed resale tax certificate to [email protected] or fax it to 903-593-8453

Once a sales tax exemption certificate is received, it usually takes 5 to 10 minutes to process and upload the certificate to our sales tax system (During office hours).

No orders will be processed tax exempt before a certificate is accepted and processed on the customer's account for that order.

Because of the volume of sales orders and monthly remittance of sales tax to various states, refunds will not be made available on an order’s sales tax. The sales tax exemption certificate must be provided to us and processed prior to the sale.

WARRANTY

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.