AFTERMARKET PRODUCT USE - EMISSIONS LIABILITY DISCLAIMER
Many products Racecar Engineering™ (SELLER) offers for purchase are designed and intended solely for legally-organized and sanctioned, closed-course, off-road competition use and are not for use on public streets, roads or highways. These products can sometimes disable or modify the emissions system on some vehicles. Use of these types of products on public streets, roads or highways is a violation of federal and certain state (including California) and local environmental laws.
Racecar Engineering™ being the Seller, shall not be responsible for any product’s improper installation, use and service. Rather, our customer (BUYER), or if applicable, the dealer who installs the product, shall be solely responsible for the installation of the product and any damage that may be done to vehicle components because of modifications made by the Buyer (or the dealer, as the case may be).
The Buyer is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications, warnings and instructions and agrees to hold the Seller harmless from any damage resulting from failure to adhere to such specifications, warnings and/ or instructions. The Buyer is also responsible to obey all applicable federal, state, and local laws when operating his/her vehicle, and the Buyer agrees to hold Seller harmless from any violation thereof.
Under no circumstances will the Seller be liable for the voidance of the Buyer’s vehicle warranty. Rather, the Buyer assumes all risk and responsibility if an automotive manufacturer and/or dealer voids the Buyer’s vehicle warranty due to use of this Product.
Buyer must operate their vehicle always in a safe manner. In no case will the Seller be held liable, and the Buyer assumes all risk and responsibility, for any property damage, personal injury and/or death that may occur in the event the Buyer operates the vehicle in an unsafe manner or violates the law.
Please check your local, state and federal laws to determine if you are within your rights to modify your vehicle’s emissions system. The Seller hereby disclaims any representation or warranty, express or implied that the use of this Product will comply with local, state, or federal emission levels or safety standards. Furthermore, if the emissions system on your vehicle is disabled, the Seller hereby expressly warns you that use of the vehicle on public streets, roads and highways (or for any use other than legally-organized and sanctioned, closed- course, off-road competition use) is illegal. The Buyer assumes all responsibility for such use and legal compliance.
THE BUYER HEREBY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF PURCHASED PRODUCT AND WAIVES ALL LIABILITY CLAIMS AGAINST THE SELLER OF ANY KIND OR NATURE, INCLUDING LIABILITY FOR PENALTIES, FINES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, BUYER ACKNOWLEDGES AND AGREES THAT SELLER IS NOT LIABLE FOR AND HEREBY EXCLUDES ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE PRODUCT(S) COVERED BY THIS DISCLAIMER.
The product manufacturer’s warranty for a product, if any, may give you specific legal rights, and you may also have other rights which may vary from state to state. Pertinent state law shall control for what exact time-period following the sale a consumer may seek a remedy under the implied warranty of merchantability or fitness for a particular purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
THIS DISCLAIMER IS A MATERIAL CONDITION OF SELLER’S WILLINGNESS TO SELL THE PRODUCT TO BUYER.
By accepting the terms of this Disclaimer, you are also (a) certifying that your use of any products will, at all times, be limited to lawful off-road competition uses consistent with the terms of this Disclaimer and (b) consenting to the disclosure of your identity to any governmental entity responsible for regulating emissions and/or enforcing emissions laws.
Products sold by Racecar Engineering™ may not meet noise and emissions regulations in your State, City or County and are meant for off-road use only. Buyer is responsible for knowing and complying with all local and federal regulations if using them on public roadways. California has particularly stringent regulations regarding aftermarket performance and racing parts that have the potential to impact vehicle emissions. In most instances, the sale and/or use of emissions related aftermarket parts on any street vehicle 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 all aftermarket parts and has very stringent regulations placing all emissions related aftermarket parts into three (3) categories:
(1) Replacement Parts Replacement Parts: These 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 cars and trucks used on or off the public highways.
(2) Executive Order Parts Executive Order Parts: These 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 cars and trucks. Racecar Engineering™ will make every effort to provide a CARB EO # for the products they offer for sale when such regulatory information is available.
(3) Competition Use Only Parts: Competition Use Only Parts may not be sold or used on a vehicle that is used on or off the public highways other than those vehicles 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, oxygen sensor or PCM, and may be sold and used on any vehicle that is used only for closed course competition.
Regulatory Agencies and Supporting Information
For further information about California CARB EO numbers and also an overview of the Regulations for Replacement Parts Guidelines for Aftermarket, Performance and Add-On Parts for California, please visit the California Air Resources Board website at:
www.arb.ca.gov/msprog/aftermkt/replace
For further information about Federal Emissions and associated Code of Federal Regulations, please visit the U.S. Environmental Protection Agency’s website at:
www.epa.gov/emission-standards-reference-guide
Racecar Engineering™ Emissions Disclaimer Updated - April 6, 2018
RACECAR ENGINEERING™ PROPOSITION 65 COMPLIANCE STATEMENT
In addition to our Aftermarket Product Use & Emissions Liability Disclaimer, Racecar Engineering™ is also compliant with California Law requiring a Proposition 65 Compliance and Disclosure Statement for products we sell online.
To review our full Proposition 65 Compliance and Disclosure Statement, please click here.
