TERMS OF SERVICES AGREEMENT

The following is the terms of the agreement between California Chrome Wheel, Inc. (“Company”) and the purchaser (“Buyer”) of goods or services from Company. Upon purchasing goods or services through the website (“Site”), or by telephone order, or by company retail location, such purchase consummates an agreement by Buyer to the following terms.

1. Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services, and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services, and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) by providing Company with Buyer’s credit card information, Buyer agrees to Terms and Conditions that Buyer will pay for the amount invoiced for the transaction and (iv) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. For web-based transactions (via a shopping cart or similar device), the buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.

For payment, we accept Credit Cards (Visa / Master Card / American Express / Discover / Etc.) or Postal Money Orders. For the use of a credit card, for purchase a transaction fee of 3.5% will be added. In some cases, we may require none credit card payment. For example, rechromes, custom modifications, special orders, etc. Cash, Customer/Personal Check, Company Check, Bank Transfer, and Money Order. All in-state and out of state retail sales require payment of sales tax.

If we have not received payment (deposit, partial, or full payment) for completed work within 30 days, all customer’s parts related to said work order will become the property of California Chrome Wheel, Inc. If no instructions are received for parts and 30 days pass, all customer’s parts related to said work order will become property of California Chrome Wheel, Inc.

3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

5. Open Charge Account (revolving credit). Customers who have qualified to have credit extended to them are on terms of “Payment Due on the 1 st of the Month”, which means any and all outstanding invoices, regardless of the date of order, are due on the 1 st of the month following the month in which they are issued. Invoices will be considered delinquent if payment is not received by the 10th of each month. Delinquent invoices are subject to a 2% service charge and may delay future deliveries/shipments until such accounts are brought up to current. California Chrome Wheel, Inc will issue statements on the 1st of each month and fax them as a courtesy reminder. If Customer needs any missing invoices, they agree to notify the Accounting Department of the Company.

6. Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

7. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

8. Non-Transferable. Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.

9. Disclaimer. The service, content, goods and services from or through the service are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of the company, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever shall be limited to the amount paid by the customer for the particular items purchased. Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and buyer. This site and goods and services would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.

10. Refund Policy. If a product purchased is defective or not to Buyer’s satisfaction, the buyer can return the product in its original condition within 5 days of receipt by contacting California Chrome Wheel Inc. and requesting an RMA (Return Merchandise Authorization). In such event, Company shall provide Buyer a credit for other purchases on the Site (less shipping and handling charges incurred and a 20% restocking fee). If Buyer is not satisfied with the product, the wheels should not have tires installed or be mounted on any vehicle by Buyer. Once wheels have been mounted to the vehicle, all sales become final.

11. Custom Orders or Specialty Job Orders by definition are any requests by the customer that is not currently in stock on our shelves. This includes but is not limited to the processing of any parts, including those owned by CalChrome, or the customer, rechroming, repairs, custom finishes, black chrome, black pearl, fusion coat, custom paint, custom built multi-piece wheels, any wheel and tire packages which have been requested by the customer, etc. Production will not be started until full payment is received. All sales are final and no credit or refund is possible once shipped. If for any reason a custom order cancellation is requested prior to completion, California Chrome at its sole discretion may credit a percentage of the purchase price depending on the completion status of the custom order. Example 1: if custom paint is requested on a set of original equipment one piece wheels, and the wheels have been stripped and prepped but paint color has not yet been applied to the part, approximately 50% of the work has been completed. Since these wheels are possible to be reused for another custom order, a refund of 50% is possible. Example 2: If an order of custom build wheels had been machined for a particular vehicle, no credit will be granted due to the fact the order may be exclusive and not available to be resold to fit another vehicle. Special orders such as aftermarket upgrades and custom packages cannot be returned for any credit or refund due to their fitment or incorrect application issues. Example 3: Customer’s items that are being processed, and for whatever reason requested to stop processing by the customer, and are paid in full (for example a rechrome) may be eligible for partial credit if the job has not been completed. Store credit can be used for future items to be processed or purchased.

12. Loaner or Rental Wheel and Tire Contract. A California Chrome Wheel Inc. loaner and rental wheel is a wheel and tire combination that the customer can drive on during the repair and/or finish processing of customers’ wheels thus allowing the customer to continue to use their vehicle. Loaner or rental wheel and tire combinations are intended to be utilized as a temporary replacement of the original wheel and tires on the vehicle. To the best of availability, the loaner or rental combination will be of similar size, type, and design as the wheels that they are replacing. They may not be new and may not be cosmetically appealing, but will be safe for use during this temporary time required to complete the processing on the customers’ original wheels. If it is required that the loaner or rental wheels are to be driven a far distance (i.e. out of state) please identify this to the California Chrome Wheel Inc. sales representative so that they can verify the correct application and fitment. The vehicles TPMS warning light may be temporarily on while the customer’s wheels are removed from the vehicle. The customer accepts total responsibility to check and maintain tire pressures during the use of the loaner or rental wheels and tires. By accepting the installation of a loaner or rental wheel and tire combination to the vehicle it is agreed that the recipient of the loaner wheels and tires acknowledges the following responsibilities for the use of said loaner or rental wheels and tires.

The customer shall return the loaner or rental wheels and tires owned by California Chrome Wheel Inc. in the same condition as received less normal wear and tear. Upon completion of processing customers’ original wheels and tires will be reinstalled and the loaner or rental wheels and tires will be inspected by a California Chrome Wheel Inc. technician. If it is found that the loaner or rental wheel and tire combination has been damaged in any way the customer is responsible for the cost of repair, refinishing or the replacement from damages occurring to the wheels or tires while in their possession and use. Examples of damages are theft, scrapes, gouges, cracking, flat spots, nails, screws or other objects that puncture, impale or cut the tires or wheels. Running the tires flat, tire separation, out of round conditions from impact damage from potholes, curbs, railroad tracks, road debris or other road hazards and accidents. If any of the above-listed items were to occur to a loaner or rental wheel and tire while in customers’ possession and a repair or replacement wheel and/or tire is required off-site, it is the responsibility of the customer to purchase such repair or replacement. The repair or replacement must be a similar like item or product to what it is replacing. Any repair or replacement cost and/or related consequential damages will not be reimbursed to the customer by California Chrome Wheel Inc. as a result of such during customer possession. Any damaged loaner or rental wheel and/or tire must be returned to California Chrome Wheel Inc. for further inspection.

The Recipient’s Insurance Coverage is primary and shall be responsible for any and all damage and liability arising out of or in any way related to the used and operation of these loaner or rental wheels and tires. The recipient shall be responsible for any and all deductibles and expenses not covered by their insurance at the time of accident or incident. The recipient is 18 years old or older and maintains and carries a valid driver’s license. The customer shall hereby entirely assume sole and absolute responsibility and liability for any and all damages, and does hereby agree to indemnify and hold California Chrome Wheel Inc. harmless from and against any and all theft, accidents, injuries, losses, claims, damages, expenses, fines and or fees, including attorney’s fees, related to loaner or rental wheels and tires while it was in their possession or under their use and control. For further information or questions related to loaner or rental wheel and tire combinations please contact us at (661) 294-0170 or email us at customerservice@calchrome.com

13. Miscellaneous. This Contract shall be treated as though it were executed and performed in Valencia, California, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 9. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Valencia, California, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

13. Upgrade Wheel and Tire Package Info. When changing to an upgrade package from the original equipment setup, the tire and wheel brand and/or sizing can effect the ride quality. This change is always a compromise and there are advantages and disadvantages to every upgrade package. The benefits of a larger/wider/lower profile setup are:

• Enhanced Appearance (Custom finish)
• Quicker Steering Response (Lower profile tires)
• Larger Contact Patch (Wider or larger tires)
• More Stability (Wider tires)

Unfortunately you may experience a firmer ride due to an upgrade with lower profile tires. Wider tires and wheels can also affect steering geometry which may result in slight vibration dynamics at certain speeds. Lower profile performance tires by design use a softer compound to achieve additional adhesion which usually shortens tread life. Also, the design of the upgraded wheel may or may not lend itself to providing space for the balancing wheel weights that the previous wheel may have allowed for. For example, some original equipment wheels accept wheel weights on the outside lip of the wheels. For cosmetic reasons the weights on upgrade packages are almost always installed on the inside barrel so they do not show.

While the disadvantages are not safety matters these conditions must be considered before purchasing an upgrade. In conclusion, whether you are purchasing a custom finish to your stock wheels, or going full blown to a +4, lower profile, exotic wheel and tire package, consider the compromises involved.

14. Use of Information. CalChrome reserves the right, and the customer authorizes Calchrome, to the use and assignment of all information regarding the customer’s use of the Site and all information provided by customer, subject to applicable law.

15. Vehicles left in our possession and our liability. In the event a customer’s vehicle is damaged due to our negligence we will be responsible for the repair or replacement. If the damage was unrelated to the work being performed, we accept no liability of such. Example: New tires were installed and upon delivery to customer the stereo does not work? Our work performed was unrelated as the tires and the stereo are completely separate from each other. “Act of God” We are not responsible for damages that occur during an “Act of God” event. Examples of “Act of God” events: Car parked in our parking lot and its windshield cracks, not due to impact, but instead due to excessive heat build up. Or, a vehicle is damaged in a earthquake, hail storm, etc. These damages are not caused by our negligence and we assume no responsibility of such.

16. About our Price Quotes. Due to the current situation with customs, fees and tariffs. We can only honor a quote that we provide to you either verbally, or by email for up to 3 business days.

17. Wheel Repair, Disclaimers, Warranty, and customer expectations.  Repairs by definition is to restore to a sound condition after decay or damage. We take wheels in for repair that are often in an unusable condition and make them usable. We can repair flat spots, bent out of round conditions, weld cracks, blend in curb scrapes and refinish the wheels. We have repaired and refinished hundreds of wheels with excellent results. These repairs are done to the best of our ability and on a best effort basis. Wheel repair is separated into two processes. First is repair (retrue) to make the wheel usable. The second step is to repair the finish. This refinish work may or may not be required. An example of not needing a refinish is when a wheel has damage on the backside or back barrel. Often the backside of a wheel may not be visible once installed to the vehicle making it not be mandatory to be refinished. Wheel repairs that have cracks are repaired by welding. With this type of repair, we have achieved good results. Sometimes after being placed back into service, the crack can sometimes continue to crack through the welded area. When this does happen we recommend a replacement wheel where credit may be applied depending on the length of the time this wheel has been in service. All repairs are done on a best effort basis and carry no warranty. A damaged bent wheel may have developed stress and fatigue. Any wheel may crack during the repair process no matter how marginally bent. We take every precaution to maintain the integrity of your wheel throughout the repair process. If your wheel does crack and is not repairable, we will credit the repair costs towards the cost of a replacement wheel or wheels purchased though California Chrome Wheel Inc. No refunds will be issued for repair work. California Chrome Wheel Inc. shall not be responsible for the cost of the replacement wheel or the loss of use or other damages. If we deem a wheel or tire to be unsafe. We will not mount your tire and wheel onto the vehicle. No Exceptions. We will put in our best effort to get the wheels to have the least amount of radial and lateral runout. We heat the damaged area to repair the flat spot or out of round condition and using different methods, press or pull the wheel back into proper shape. Occasionally small dings, discoloration, burn marks, blending or welding may be left during the repair. Certain types of cracks cannot be welded and not all wheels are repairable. Periodically we will stop the repair if we feel like going further may cause the wheel to crack. This means the wheel will be improved but may not be within factory specification. The prices vary depending on the severity of the damage and the type of wheel finish. The refinishing costs if needed are priced separately and not included with the repair. Repairing and refinishing does not produce a brand-new wheel nor a perfect wheel. There are virtually no paint codes for wheels, so we match the color the closest possible but some subtle color variations may occur. The manufacturers original finish colors may also change with aging and heat cycles. If possible, please bring an additional wheel to use for color matchup. A realistic expectation when repairing and refinishing a wheel is that the wheel will not be perfect. You must expect that there may be some small imperfections in the finish such as subtle color variation to the original. Our custom Black Chrome, Rose Gold, Gold Chrome, and other transparent finishes are a combination of 3 different processes to achieve these unique finishes. Chrome plating, the transparent layer of color, and a high-end clear coat. The visual appeal comes from the reflective brilliance of the base material showing through the transparent layer. These transparent finishes may have small imperfections or discoloration that, unlike a solid color, we are unable to color sand and buff these imperfections as it will affect the appearance of this thin transparent layer. Solid colors can be color sanded and buffed to eliminate such imperfections. It is also recommended that all components should be processed at the same time to minimize any differences in the final finish things such as climatic temperature change and humidity can affect the overall look of the finish. These finishes, as all of our finishes, are critiqued through our quality control department. If we have presented to you, or shipped to you, this finished product, it has been done to the best of our ability. Please contact us for more information.