TERMS AND CONDITIONS FOR SALE OF PRODUCTS

1. TERMS OF AGREEMENT -- The Agreement between Purchaser and Racing Blvd.com (Racing Blvd) shall consist of these Terms and Conditions and any specifications, drawings, samples, or other written terms and conditions which are specifically incorporated in the Agreement. Any purchase order, acknowledgment or other instrument of Purchaser, or acceptance of the goods and services provided hereunder by Purchaser, shall be construed as an acceptance of this Agreement. Racing Blvd hereby objects to any different or additional terms and conditions of Purchaser. In the event of conflict between these terms and conditions and other provisions specifically incorporated in writing in the Agreement by Racing Blvd, the latter shall prevail unless otherwise specifically provided herein. The Agreement shall not be modified or altered by any subsequent course of performance between Purchaser and Racing Blvd. In rendering any service hereunder, Racing Blvd shall be an independent contractor.

2. PAYMENT -- Payment on all orders shall be made by credit card, check or money order. We accept Visa, MasterCard and Discover. You will safely enter your entire credit card number via the secure server, which encrypts all submitted information. Your credit card will be charged prior to the shipment of your order. Unless otherwise notified, your order will ship without further confirmation. When paying by check, please allow an extra 7-10 business days for your check to clear before your order ships.

3. SHIPPING AND DELIVERY -- Orders will be shipped in the order received, if in stock. Out of stock orders will take priority in the shipping process when new stock is received. Most orders will be shipped UPS. Certain orders, including those with ship addresses listing P.O. boxes or A.P.O's are shipped via U.S. Mail. Delivery time is expected to be six to ten days from time of shipment.

4. SHIPPING AND HANDLING COSTS -- The above outlined shipping charges apply to the Continental United States only. International customers are responsible for any additional freight fees, import duties, or other costs associated with International delivery that may be incurred. Purchaser agrees to pay the shipping and handling costs specified at the time of order. Retail shipping charges are calculated using the UPS Shipping Costs and the weight of your total order.

The shipping amount that is confirmed on your internet order applies to in-stock items only. Pre-Ordered or Back-Ordered items will have additional charges based on the same formula. For example, you order two cars at $50.00 each, and one is in stock while the other is on pre-order. The website will confirm back your shipping depending on the total weight of the order (which would only apply if both cars were currently in-stock). The in-stock car would be shipped immediately, and charged the shipping fee. When the pre-ordered car arrives, it will be shipped and also charged a shipping fee. Pre-Ordered items are shipped upon our receipt. If you have pre-ordered multiple cars, we will not hold them for later shipment when the other cars arrive.

5. RETURNS AND CANCELLATIONS -- Our return policy is simple. Within 10 days of receipt of your order, you may return any item in its original shipped condition, including original packaging, for a full refund, less shipping and a restocking fee of 10%. All items must be returned unopened, in original sellable condition, with all original packaging materials intact. Opened or damaged items, items without an issued Return Material Authorization number (RMA), or items not in sellable condition will not be accepted and will be returned to the customer at the customer's expense.

If an item was damaged in shipment, do not ship the item to us without an RMA, as we will not accept it. For damaged items, we will contact the delivery service for direction, and we will provide you with instructions for returning the item. You must also maintain all original product and packaging materials for damage inspection and pickup by the shipping service. Damaged items will be replaced with like product only, unless a damaged item is no longer available. In these cases a refund will be provided.

You can also cancel unshipped items. For unshipped pre-order items, a cancellation fee will be applied in the amount of 10% of the sale price of the cancelled item. To cancel or return an order, please send us an e-mail or call our office at the phone number provided on our storefront home page. You will receive an RMA.

You may only return an item if you have received an RMA. Write the reason for your return on a copy of your packing slip along with the RMA. Enclose the packing slip with the return item, wrap the package securely, and send it to the address listed on the your packing slip.

For all returns, the purchaser is solely responsible for shipping costs, as well as preservation of goods as outlined in Section 12 herein. No products may be returned for replacement, credit or adjustment without an official RMA from Racing Blvd, and shipments without an official Racing Blvd RMA clearly visible on the outside of the shipping container will be refused and sent back to you at your cost, or will not be processed. Do not mark on the product packaging nor the product itself, as the return will not be accepted and will be returned to the customer at the customer's expense.

6. MODIFICATIONS - Racing Blvd reserves the right to change or modify the design of and construction of any of its products or the procedures and methods for any of its services without incurring any obligation to furnish or install such changes or modifications on products previously or subsequently sold or to use such procedures or methods with respect to services previously or subsequently provided. This means that availability of certain products or models my change thereby affecting allocation without notice to any purchaser.

7. WARRANTY -- (A) Any manufacturers' warranties, if any, shall pass through to Purchaser to the extent permitted by law; (B) THE EXPRESS WARRANTY SET FORTH IN THIS SECTION IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. PURCHASER'S SOLE REMEDY IS ADDRESSED IN SECTION 12 AND RACING BLVD'S SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN MATERIALS OR WORKMANSHIP OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THIS SECTION.

8. TIME OF DELIVERY -- Promises of delivery of products or services are given as accurately as conditions permit and every effort will be made to make deliveries as scheduled. All shipping and performance dates are based on receipt of firm orders with complete information contained therein. Racing Blvd assumes no liability for damages arising out of failure to deliver material or services as scheduled. All shipments are F.O.B. Racing Blvd's warehouse or Racing Blvd's plant, as the case may be, or other designated point as mutually agreed upon in writing.

9. FAILURE TO DELIVER - Racing Blvd shall not be liable for failure or delay in delivery services or products for any reason. Racing Blvd shall have such additional time within which to perform as may be reasonably necessary under the circumstances and shall have the right to apportion its production and services among its customers in such manner as it may consider to be equitable. All claims regarding shortages must be made within thirty (30) days from receipt of shipment, and must be accompanied by the packing list(s) and appropriate documents covering the shipment.

10. PURCHASER INDEMNIFICATION OF RACING BLVD -- Purchaser agrees to indemnify, defend and hold Racing Blvd harmless from and against all claims, demands, actions whether civil or administrative, liability, fines, penalties and expense, whether based on warranty, contract, negligence, strict liability or otherwise.

11. NONCONFORMING GOODS OR SERVICES -- Purchaser shall notify Racing Blvd in writing of any alleged nonconformity of goods and/or services tendered by Racing Blvd under this Agreement within ten (10) days after receipt of the goods or services or within five (5) days after the alleged nonconformity could have been reasonably discovered, whichever date shall be the later. Such written notice shall provide a detailed explanation and description of the alleged nonconformity. In the event that Racing Blvd agrees with Purchaser's nonconformity assessment(s), Racing Blvd shall have the right, at its sole option, to cure the improper tender or delivery by correcting the tender or substituting tender of conforming goods and/or services within a reasonable time after receipt of Purchaser's notice of nonconformity. Purchaser shall grant Racing Blvd's reasonable requests for extension of time to effect the cure of any improper tender. Purchaser's failure to provide notice of nonconformity as above-described shall be prima facie evidence of conformity of the goods and services tendered by Racing Blvd under the Agreement.

12. PURCHASER'S DUTY TO PRESERVE NONCONFORMING GOODS -- In the event that Racing Blvd has no agent or place of business at the location for tender of the goods, Purchaser shall protect and preserve all allegedly nonconforming goods and shall strictly follow the reasonable instructions of Racing Blvd. Purchaser shall incur only those expenses that are reasonable and necessary in fulfilling its obligation to protect and preserve all allegedly nonconforming goods.

13. LIMITATION OF LIABILITY -- The liability of Racing Blvd, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of Racing Blvd's obligations in connection with the design, manufacture, sale, delivery, storage, installation and/or use of the products sold under the Agreement, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services, and shall in no event include damages for loss of profits or revenue; loss by reason of plant shut-down; increased expense of operation of plant or equipment; increased cost of purchasing or providing equipment, materials, supplies or services; cost of replacement power or capital; claims of Purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.

14. CONTROLLING LAW -- The Agreement shall be interpreted and governed in all respects by the laws of the State of Michigan.

15. VENUE -- Venue for any civil action relating to or arising out of the Agreement shall be exclusively in Oakland County, State of Michigan.

16. SEVERABILITY -- If any provision of these Terms and Conditions is deemed illegal, unenforceable, or unconscionable, the remainder of the Terms and Conditions shall not be affected thereby.

16. WAIVER -- Any waiver of any right or provision of these Terms and Conditions by Racing Blvd at any time shall not be construed as a waiver or bar of any such right or provision at any future time, unless expressly stated by Racing Blvd in writing.