designed to describe how we handle personally identifiable information
collected from our customers.
Collection and Use of Personal Information:
You can visit the Xterra Performance website without revealing any personal information. However, Xterra Performance needs certain personal information if you wish to purchase our products.
When you purchase products from Xterra Performance, we ask for your contact information (such as your name, street address and e-mail address), as well as certain billing information, such as your credit card number. Xterra Performance will use this information to reply to your inquiries, to provide you with requested products, to set up your account, and to contact you regarding new products and services.
In the course of processing a payment transaction, we typically receive information related to the transaction from the credit card processing institution. This normally includes confirmation of the payment and the information furnished by you when placing the order.
Xterra Performance does not offer services or sell products to children. Xterra Performance does not request or knowingly collect personally identifiable contact information from anyone under the age of 13.
Information Sharing and Disclosure
Protecting personally identifiable information about our customers is an important part of our business. We share and disclose such information only as described below.
Xterra Performance will send personally identifiable information about you to other companies or people when:
1. We have your consent to share the information
2. We need to share your information to provide the product you have requested
3. We need to send the information to companies who work on behalf of Xterra Performance to provide a product or service to you. Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide them beyond what is necessary to assist us.
Personally identifiable consumer information is shared
with third parties (such as banks and credit card processors) to the extent
necessary for Xterra Performance to deliver payment processing information.
We also may release personally identifiable information when we believe release is appropriate to comply with law or protect the rights, property, or safety of Xterra Performance, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and risk reduction.
If you do not consent to the collection, use or disclosure of your personal information as outlined in this policy, please do not provide any personal information to Xterra Performance.
Unfortunately, no data transmission over the Internet can be considered 100% secure. However, your Xterra Performance Information protected for your privacy and security. In certain areas of our websites, as identified on the site, Xterra Performance uses industry-standard SSL-encryption to protect data transmissions.
We also safeguard your personal information from unauthorized access, through access control procedures, network firewalls and physical security measures.
Further Xterra Performance retains your personal information only as long as necessary to fulfill the purposes identified above or as required by law.
Xterra Performance may, at any time, without notice to you and in its sole discretion, amend this policy from time to time. Please review this policy periodically. Your continued use of Xterra Performance website after any such amendments signifies your acceptance thereof.
PLEASE READ ALL WARRANTY AND RETURN POLICIES PRIOR TO ORDERING
BY PLACING YOUR ORDER EITHER ONLINE OR OVER THE PHONE, YOU AGREE TO THESE TERMS AND POLICIES
- Xterra Performance, LLC provides a Limited Lifetime warranty to the
original purchaser/owner of the vehicle on which the product was originally
installed for defects in material and workmanshipon products manufactured by
NissTec Lifts LLC.
- Bilstein/NissTec and Nisstec MK84 Coilovers carry a Limited Lifetime warranty for defects in material and workmanship. Bilstein shocks and Nisstec MK84 shocks within the coil over carry a warranty of 1 year for completely blown shocks. Signs of misuse, abuse, or excessive corrosion will void your warranty.
- All non-branded Xterra Performance, LLC products carry a warranty from the original manufacture. Xterra Performance, LLC cannot offer a warranty on products we sell that were not manufactured under the “Xterra Performance, LLC” name. Some of the products Xterra Performance, LLC sells may be covered under specific manufacturers’ warranty(s) and may require warranty claim through the manufacturer by the end user.
This information can be found on each manufactures web site for the product you have purchased from us.
- Xterra Performance, LLC will not warranty any product for:
Finish, Alterations, Modifications, Corrosion and/or improper installation.
- Xterra Performance will not consider for warranty any product that has any signs of off road abuse or Racing.
- Xterra Performance LLC 's obligation under this warranty is limited to repair or replacement at Xterra Performance discretion. Any costs or time of removal and all shipping costs of defective parts back to us are not covered under this warranty and will be the responsibility of the purchaser.
---RETURNS / REFUNDS---
NO CREDIT WILL BE GIVEN ON ANY PARTS RETURNED WITHOUT AN APPROVED RA# INSIDE THE PACKAGE YOU ARE RETURNING TO US
- MISSING OR DAMAGED PARTS MUST BE REPORTED WITHIN 3 BUSINESS DAYS OF ORDER DELIVERY- Please open all boxes and check all packing material within 3 day of getting your package (s).
- NO credits will be given on ANY non-defective products past 30 days from the original purchase date
- ALL refunds carry a minimum re-stocking fee of 20% from the original purchase price minus any discounts used. Shipping costs will not be refunded.
- Non-defective merchandise credit will only be credited to the original purchaser and the original payment method (Credit Card, PayPal, etc.)
- You are responsible for all shipping costs on ALL return items you are
submitting to Xterra Performance LLC for a refund.
- All Returns must be packaged to eliminate damage during shipping back to Xterra Performance. All return merchandise must be insured for/or greater than the original purchase price at your costs to cover the entire contents of the products and packaging. Products damaged during the return ship process back to Xterra Performance LLC are the full responsibility of you and the shipping company in which you choose. We will not give credit for any products returned that we do not deem in NEW condition.
--- Canceled or Changed orders ---
- All orders that are canceled before the package has been processed for shipment are subject to a cancellation fee of 10% of total order ammount.
- Orders that are canceled after they are processed and packaged for shipment will be charged a 20% restocking fee.
- Packages that are refused at the time of delivery will be charged a 20% restocking fee and all return shipping fees will be deducted from return credit.
By clicking the confirm order button you are authorizing the above total to be billed to your card and the sale is final, NO CREDITS OR CHANGES CAN BE APPLIED ONCE YOUR ORDER IS CONFIRMED.
--- PAYMENT OPTIONS ---
We accept all major credit card companies- Visa, American Express,
Discover, MasterCard, and JCB. We also accept PayPal payments. All PayPal
Accounts MUST have a verified shipping and billing address and we will ONLY
ship to this address.
We do accept bank wire transfers- All wire transfers carry a $30 transaction fee. Contact us for more info.
All gift cards issued by a major Credit Card Company must be registered to your actual shipping address or our system will not accept them.
Please make sure your current billing address is current with your
Credit Card Company or bank prior to ordering with us.
If your current credit card billing address does not match the address you used to place the order on our website or over the phone, a pending transaction may be posted to your account until your credit card company or bank has been notified of the declined transaction. The pending transaction may take 3-10 business days to be posted back to your account.
--- SHIPPING ---
- We try our best to ship orders within 24-48 business hours; most in
stock parts ship the same day that the order is placed if before 2PM MST.
- Even through some items on our website may say they are in stock. It is possible that our site did not update inventory properly and it may be out of stock at the time you place your order. We are unable to give refunds without a restocking fee after you place your order because of out of stock items. Please call to ensure an item is in stock prior to placing your order.
- Xterra Performance will make NO guarantees on delivery date or shipping date regardless of shipping method selected. All shipping times do not include the day of the shipment, holidays, or weekends. Our business hours are Mon-Fri, 9am-5pm MST
- Some or all packages we ship may require a signature at the time of delivery. FedEx will make 3 attempts to deliver your package. If on the 3rd attempt no one is available to sign for the package, it will be returned to us. You will be responsible for all return shipping to Xterra Performance Lifts and any charges to re-ship the package back to you.
--- International Orders
Please contact us prior to ordering if shipping outside the USA. We do ship worldwide, including APO/FPO addresses.
--- FRAUD ---
- We have many procedures in place to help protect you and ourselves
against fraud. Xterra Performance does not keep any credit card info on file
unless first authorized by you to do so.
Some orders may be held and not shipped if fraud is suspected.
Xterra Performance may NOT be held liable for any fraud that may occur. Though, we will do our very best in helping local police agencies track any fraud cases.
--- IMPORTANT WARNING ! ---
Limitation of Liability
Installation of a lift kit or “lifting components” will raise the centre of gravity on the vehicle which the kit/components are installed and they will make the vehicle more likely to tip over when turning, or when driving on sloping terrain. Wider wheels with more offset, and wider tires should be installed on any lifted vehicle to minimize rollover
The driver of any vehicle with lifting components/kits must drive the vehicle more carefully, and must avoid quick or sharp turns.
The user is knowingly modifying the suspension system of the vehicle in which any suspension modifications are made, and assumes all liability for any damage it could cause.
Improper installation or misuse of Xterra Performance or NissTec Lifts products or any other products we sell could result in property damage, injury, or death to the driver, passenger, or bystanders
Xterra Performance LLC will not be liable for ANY damages- resulting from, or caused by the installation of our lift kits, or any other products we sell.
All bolts loosened during install of anything we sell must be checked
several times after install for proper torque and overall condition. We highly
recommend working with a certified professional installer.
--- New Car Warranty Information ---
You want to upgrade your vehicle with aftermarket equipment, but you’re worried about putting the vehicle’s warranty at risk. It’s no wonder. How many times have you heard someone at a automobile dealership say that unless the dealer installs your aftermarket equipment you will automatically void your new car warranty? This common misconception has been repeated often enough to be widely believed – though it is completely false.
Some dealers may not like warranty work, because it pays less than normal repair work. By promoting the myth that aftermarket equipment automatically voids warranties, some dealers avoid such low-paying work. Instead, they attempt to charge customers the prime service rate for work which is rightfully done under warranty.
Most vehicle owners are not aware they are protected by federal law: the Magnuson-Moss Warranty – Federal Trade Commission Improvement Act of 1975. Under the Magnuson-Moss Act, aftermarket equipment which improves performance does not void a vehicle manufacturer’s original warranty, unless the warranty clearly and conspicuously states that aftermarket equipment voids the warranty. Most states have warranty statutes, as well. Which provide further protections for vehicle owners.
In other words, that means some dealers can’t wiggle out of his legal warranty obligation merely because you install aftermarket equipment. To find out if any aftermarket equipment automatically voids your vehicle’s warranty, check the owner’s manual. It is likely the language you are looking for appears under a heading such as “What Is Not Covered” Although the language seems negative, remember your vehicle manufacturer is simply saying he does not cover the aftermarket products themselves. He is not saying that the products would void the vehicle warranty.
VEHICLE DEALERS OBLIGATIONS:
Suppose your modified vehicle needs repairs while still under warranty. Without analysing the true cause of the problem, some dealers attempt to deny warranty coverage. Someone made a decision simply based on the fact that you’ve installed aftermarket equipment – a convenient way to dodge low-paying warranty work.
Fact: A dealer must prove – not just say – that aftermarket equipment caused the need for repairs before he can deny warranty coverage on that basis.
Point out to the dealer the provision of the Magnuson-Moss Act- Require that he explain to you how the aftermarket equipment caused the problem. If they can’t – or their explanation sounds questionable – it is your legal right to ask that they comply with the warranty.
Fact: If you are still being unfairly denied warranty coverage, there is recourse. The Federal Trade Commission, which administers the Magnuson-Moss Act, monitors compliance with warranty issues. Direct complaints to the FTC at (202) 326-3128.
This is the actual language of the act:
No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this sub-section may be waived by the Commission if:
1. the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and
2. the Commission finds that such a waiver is in the public interest.
The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person or pursuant to this chapter or from violating any prohibition contained in this chapter.
--- MAGNUSON MOSS WARRANTY ACT ---
US Code - Title 15, Chapter 50, Sections 2301-2312
Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure in the vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C)) . For best results, consider working with performance-oriented dealerships with a proven history of working with customers. If your vehicle manufacturer fails to honor emission/warranty claims, contact EPA at (202) 260-2080 or www.epa.gov . If federal warranty protection is denied, contact the FTC at (202) 326-3128 or www.ftc.gov .
While we at Xterra Performance believe most dealers do their very
best to cover warranty work, even on modified vehicles. We cannot and will not
take responsibility for any denied warranty work or damages to your vehicle. It
is your right to ask your local dealer to prove any denied warranty work!!!
We have found that if you have aftermarket products installed at your local dealership, they most always will cover you under warranty.