Terms & Conditions

Terms of Service

 

These Terms and Conditions of Use (“Terms of Use”) apply to www.sxthelement.com, www.sxthnk.com and www.ekeditor.com (collectively, “the Websites”) operated by SXTH Element Engineering LLC and SXTHNK (collectively, “SXTH Element”. Please read these Terms of Use carefully before using the Websites. By accessing the Websites you consent to these Terms of Use and other applicable law. Please do not use the Websites if you do not agree with these Terms of Use. SXTH Element reserves the right to alter or modify these Terms of Use at any time. You agree to periodically review the Terms of Use of this Website and agree that your continued use of the Website constitutes your consent to the latest modified Terms of Use.

 

INTELLECTUAL PROPERTY

All Content in the Websites is owned by SXTH Element. “Content” includes, but is not limited to all text, graphics or code herein. Content is copyrighted as a collective work under copyright laws of the United States and other applicable copyright laws. Subject to the limitation and restrictions stated herein, you may view, play, print and download content, including audio and video content, for personal and non-commercial use only, or to place an order with SXTH Element for the purchase of SXTH Element products. All other uses, including, but not limited to the reproduction, distribution, display or transmission of the Content is strictly prohibited, unless authorized in writing by SXTH Element.

 

TRADEMARKS

All trademarks, service marks and trade names of SXTH Element used herein, including, but not limited to the SXTH Element names and the SXTH Element logos are trademarks or registered trademarks of SXTH Element and may not be used without the express written permission of SXTH Element. All other intellectual property in the Websites, including, but not limited to patents, issued or pending, is the sole property of SXTH Element and/or its licensors.

 

PRIVACY

SXTH Element takes the privacy of the users’ of its websites seriously and is committed to its safeguarding. Privacy terms in connection to the Websites are described in our Privacy Policy.

 

PRODUCT ORDERS

SXTH Element reserves the right to change the descriptions, specifications, and prices of the products offered on the Websites without notice and at any time. SXTH Element does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times. Products may not be available for delivery to your country of residence.

Products ordered through the Websites are subject to acceptance by SXTH Element at its sole discretion. SXTH Element may refuse to accept or may cancel any product order, whether or not confirmed, for any or no reason, in its sole discretion, and without liability to the purchaser or any third party. If a purchaser’s credit card has been charged for an order that is subsequently cancelled by SXTH Element, SXTH Element shall issue a credit to your credit card account.

The part(s) SXTH Element provides have been designed and are intended for off-highway application only, Federal and State laws prohibit the removal, modification, or rendering of any device of design affecting vehicle emissions or safety in a vehicle used on public highways. Installation of SXTH Element part(s) may void the warranty coverage, if any, on your vehicle. Except as otherwise specified, set forth herein: Buyer acknowledges that they have not relied on any representation by us in making this contract. Payment, Shipping and Billing Addresses must all correlate. We may or may not contact you in regard to the reasons for why they do not match. If the addresses for Billing, Shipping and IP do not match, then we may also require a signature of the recipient verified by ID. The customer will incur additional costs to cover the fee of the signature if these criteria exist along with a delay in shipping to receive the covered cost. These requirements are made after an increase in fraudulent sales. VPN's must be switched off when placing an order to not disguise your IP address to a separate location. If a payment is made for an order with an IP address that does not match the Billing and Shipping addresses, SXTH Element reserves the right to cancel your order without notice.

 

RISK OF LOSS

Risk of loss and title for all products purchased from SXTH Element will pass to you upon SXTH Element’s delivery of such products to its shipping carrier. Shipping Insurance is applied through two methods. The Shipsurance option can be added through the Cart Screen at a flat fee. Nano Insurance can be added through the Checkout Screen via a popup that requests customer acceptance of insurance or none. Denial of all insurance options confirms that you are accepting responsibility for the value of the package beyond $100 once it leaves our facility. Shipping Insurance is different from warranties. See the warranty section about our warranties.

 

LINKS TO THIRD PARTIES

For your convenience, links to websites owned by third parties may be provided on the Websites from time to time. These links take you outside SXTH Element’s service and off of the Websites. This includes links to partners that may use SXTH Element’s logos as part of a co-branding agreement. The sites you can link to have their own separate privacy policy and although SXTH Element seeks to protect the integrity of its Websites, SXTH Element is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

 

USER GENERATED CONTENT

SXTH Element does not, and you agree that SXTH Element has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the Websites (including, without limitation, in or on bulletin boards, chat rooms, comment pages, community pages or other forums on the Websites) (collectively, “User Generated Content”), that SXTH Element is not in any manner responsible for User Generated Content, that SXTH Element does not guarantee the accuracy, integrity or quality of User Generated Content, and that SXTH Element cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Websites. You acknowledge that by providing you with the ability to access and view User Generated Content on the Websites, SXTH Element is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of SXTH Element or its affiliated or related entities or content providers. Notwithstanding the foregoing, you acknowledge and agree that SXTH Element has the absolute right to monitor User Generated Content posted to the Websites in its sole discretion. In addition, SXTH Element reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify SXTH Element in writing of any objectionable content appearing on the Websites. SXTH Element will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. Any use of any content on the Websites, including, without limitation, User Generated Content will be at your own risk.

You may not post or otherwise distribute content to the Websites which SXTH Element in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of SXTH Element or another party, illegal, or otherwise objectionable to SXTH Element. You may not upload commercial content on the Websites or use the Websites to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Websites.

 

USE OF INFORMATION SUBMITTED

You agree that SXTH Element is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to the Websites, or created by you while accessing the Websites (including, without limitation, any designs or other materials created or submitted by you on the Websites), or contained in any communication you may send to SXTH Element or submit to the Websites without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Websites or other products or services.

 

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Websites, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Websites or for any service offered on or through the Websites, the latter terms shall control with respect to your use of that portion of the Websites or the specific service.

 

DISCLAIMER OF WARRANTIES

WEBSITE

THE WEBSITES AND ANY INFORMATION, CONTENT, OR MATERIALS ON THE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SXTH ELEMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SXTH ELEMENT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR WITHOUT ERROR, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SXTH ELEMENT DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

SXTH ELEMENT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITES. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITES AND ANY LINKED SITES.

LIMITATION OF LIABILITY

SXTH ELEMENT WILL NOT BE LIABLE FOR DAMAGES OR INJURY CAUSED BY THE WEBSITES OR ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. SXTH ELEMENT WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE WEBSITES.

PRODUCTS

All New SXTH Element non-electronic parts come with a lifetime warranty against defects in workmanship or base materials for the original purchaser for the production lifetime of the product (excludes clearance items and discontinued items). This warranty only applies to products that were designed and fabricated by SXTH Element and does not apply to those components that are sourced from a third party to be included as a single component of a parts kit. All claims must be submitted through our Warranty Form. The customer must provide a copy of the original invoice as proof of purchase to submit a claim. Any modification or misuse of SXTH Element's products will void the warranty. Modification or misuse will be determined by SXTH Element's management team and will fall under their discretion. SXTH Element takes no responsibility for any damage that may be caused by the installation of our products or the disassembly of our products. Shipping charges for products that are accepted under SXTH Element's warranty terms can be covered by SXTH Element. Products that are not repairable will be replaced with a product of comparable value and function if possible. If a comparable product is not available, SXTH Element will arrange an alternative form of compensation for the customer at the discretion of SXTH Element's management. This warranty does not cover wear parts such as bearings, urethane bushings, brake pads & rotors and other wear items to be determined by SXTH Element. Warranty differs from Shipping Insurance. See the Risk of Loss section above for more information on shipping insurance.

COATINGS

Powder, anodize and all other coatings are warrantable up to 180 days after receiving. This includes resin coatings on carbon fiber parts. Resin coatings for carbon fiber will turn a faint yellow after high heat is applied over an extended time frame. It is a common occurrence with all carbon fiber resins and is not warrantable.

AIR FILTERS

This warranty covers defects in materials and workmanship of your SXTH Element Universal & Special Air Filter or SXTH Element Accessory (the “Product”), with the exceptions stated below.

WHAT DOES THIS WARRANTY NOT COVER?

This warranty does not cover damage due to (a) transportation, (b) storage, (c) improper use, (d) failure to follow the Product instructions or to perform any preventive maintenance, (e) modifications, (f) unauthorized repair, (g) normal wear and tear, (h) any type of racing or competition, (i) any off-road use or (j) external causes such as accidents, abuse, or other actions or events beyond our reasonable control (e.g., acts of God and natural disasters).

HOW LONG DOES THE COVERAGE LAST?

This warranty lasts for One-Year from the date of purchase. Coverage applies only to the original purchaser of the Product and is non-transferable. The warranty period will not be extended if we repair or replace the Product.

WHAT WILL SXTH ELEMENT DO?

We will repair any Product that proves to be defective in materials or workmanship. If repair is not possible, we will either replace your Product with a new Product of similar composition and price, or refund the full purchase price of your Product, at our sole discretion. There is no charge for inspection.

HOW DO I GET SERVICE?

If you are ever dissatisfied with the materials, workmanship or performance of this Product, just send us an email to csr@sxthelement.com and we will be happy to assist you.

LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

PURE TURBOS

All OEM remanufactured turbochargers and turbocharger cartridge assemblies supplied by PURE TURBOS are warranted to be free from defects in workmanship and materials. Such warranty shall be honored for a period of twelve (12) months from the date of end-user purchase, without regard for mileage used.

Warranty liability is limited to the repair or replacement, at PURE TURBO'S exclusive option, of the unit in question. Warranty will not be honored in case of damage or malfunction due to improper installation procedure, misuse, neglect, unauthorized disassembly or alteration, or externally induced physical damage. No warranty is made for any claims for special, indirect, or consequential damages (including, but not limited to, unit removal or installation, equipment down-time, prospective profits or other economic loss) due to any defect deemed otherwise warrantable by PURE TURBOS.

Any claim made under this limited warranty must be presented to PURE TURBOS within thirty (30) days from the date on which the claim arises, along with valid proof of end-user purchase date. Warranty claims must be routed through the dealer from which the unit was purchased. All units returned to PURE TURBOS for warranty consideration must be shipped freight prepaid. Collect shipments will not be accepted.

This limited warranty statement represents the complete warranty offered by PURE TURBOS on its remanufactured products, expressly in lieu of any other warranties, including any of merchantability, or suitability for a particular purpose. No individual is authorized to bind PURE TURBOS to any warranty not expressly set forth herein.

In addition to the above warranty statement, any performance or non-OEM turbo units, parts, and accessories purchased through PURE TURBOS are limited to the warranty, if any, of the manufacturer. California state law prohibits the installation of any performance or non-OEM part on a vehicle intended for street and/or highway use.

ELECTRONIC PRODUCTS

All electronic products designed and sold under SXTH Element Engineering, LLC or SXTHNK, LLC come with a one year limited warranty. This warranty covers defects in workmanship and build quality. Damages caused by misuse or installation by the customer will not be warrantable.

CALIBRATIONS

Unless expressly stated in connection with the sale of a Product, SXTH Element Engineering and SXTHNK do not offer any type of express or implied warranty coverage for any Digital Calibration Product purchased on the Website.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

MISCELLANEOUS

Your use of the Websites shall be governed by the laws of the State of South Carolina, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Websites (including, but not limited to the purchase of SXTH Element products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Spartanburg, SC. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of SXTH Element products) must be commenced within one (1) year after the claim or cause of action arises. By using the Websites, you agree to receive electronic communications from SXTH Element. You agree that any notice, agreement, disclosure or other communication that SXTH Element sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. SXTH Element’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SXTH Element may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

PRICING

All prices are subject to change without notice. Glitches in pricing or any other flaw in pricing may or may not be honored by SXTH Element at the time of order fulfillment. If pricing is not honored any funds collected will be refunded to the customer.

 

SALE EVENTS

SXTH Element does their best to inform their customers of up-coming Sale Events (i.e. "Black Friday Sale", "Summer Sale", etc.) up to one week prior to the event, if they so choose. A Sale Event will always have a start and end time and date. Only purchases made within this time frame are eligible for Sale Event pricing or specials. When a purchase is made outside of the Sale Event time frame, SXTH Element does not take responsibility nor have a priority for including sale prices on such purchases.

 

METHOD OF PAYMENT

All sales will be paid using credit card, Apple Pay, Google Pay, Amazon Pay, Klarna or PayPal unless other arrangements are made at SXTH Element's management discretion. Advanced payment is required on all international or custom orders.

 

CANCELLATIONS

After you make a purchase with SXTH Element you have the option of cancelling your order. Any cancelled order will be charged 6% of the sale price for the purpose of recuperating card transaction fees that are incurred upon sale and refund of the order.

 

PURCHASED APPOINTMENTS

When purchasing a product that requires an appointment (e.g. Dynamometer Calibrations), there is a 90 day window of use from the day of purchase. This includes business and non-business days. Any product that requires an appointment that has not been used in 90 days will be automatically cancelled and the purchase price returned minus the deposit. Scheduling an appointment within the 90 day period that will occur outside of the 90 day period is not complying with the terms of use and will result in a cancellation and the purchase price returned minus the deposit.

 

SHIPPING

We ship to virtually any address in the world with a few countries not included. Note that there are restrictions on some products, and some products cannot be shipped to international destinations or some domestic states. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page. After the product has been shipped, delivery timeframes can range between 2-14 days. Shipments made through UPS, FedEx or USPS are 2-7 days standard for domestic after being shipped. International shipments are between 3-14 days for DHL or USPS. Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

All shipments are shipped FOB Origin from SXTH Element's distribution center. Damage claims for merchandise must be made with the carrier per the carrier's terms or through your shipping insurance provider. SXTH Element does not claim responsibility for any damage that occurs during shipment and cannot initiate any claims with the carrier.

 

INTERNATIONAL SHIPPING

SXTH Element will ship to pre-selected countries determined by us/we (SXTH Element). If shipping options do not display for you when entering your Shipping Address, then we do not ship to your country. If your address and country are available for shipping, then we will ship to your country, but you will be required to pay Customs Duties for imported goods. SXTH Element does not cover the cost of Customs Duties to any country and is not liable to do so. Prior to ordering from our website please inquire about your country's import taxes on goods.

 

SPECIAL ORDER AND CUSTOM COLORS

Custom orders will require a 50% to 100% deposit, set at the discretion of SXTH Element management. Custom-colored items do not require a deposit. Once a Special Order or Custom Color Order is placed, it can NOT be cancelled, and is NOT returnable or refundable. By ordering a Custom Color or Special Order you accept the customization is relevant to you and your personal preference and may not be shared by others or SXTH Element.

 

REFUSED SHIPMENT

Any customer that refuses a shipment for any reason will be charged a $30.00 refused shipment penalty, any and all shipping costs, as well as a restocking fee of 20% for the returned parts where applicable.

 

RETURNS

All returns must be marked with a Return Merchandise Authorization (RMA), issued to you by SXTH Element. All returns are subject to a 20% restocking fee and United States domestic shipping is covered by us. Shipping from anywhere outside of the United States will need to be covered by the purchaser. No returns are accepted on Custom Ordered Merchandise/Products, electronic merchandise, discontinued items, clearance items or specially priced items. No refunds can be made after 30 days of receiving the product. Merchandise must be in new condition and in its original packaging when returned to be accepted. You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). You can submit a request for a return through your Account Dashboard under the Returns sections. If your order does not appear there, please contact Customer Service at csr@sxthelement.com.

 

RETURN MERCHANDISE AUTHORIZATION (RMA)

Please contact your SXTH Element Shipping Department for all returns. The RMA will be assigned by the Shipping Department and will be used to track and execute the return of the customer's order. Any and all packages and/or products returned to SXTH Element must have an RMA number assigned to ensure quick and efficient processing of the return.

 

**Important NOTICE Regarding High Performance Parts & Services**

SXTH Element is proud to serve your high-performance needs. Please note, however, that High Performance Automotive Parts:

* May make your vehicle louder and less comfortable to drive

* May damage your vehicle's existing / stock systems

* May require professional maintenance and upkeep

* May require frequent professional replacement and adjustment

* Likely void vehicle manufacturer's warranties

* Are not refundable under all circumstances

* Purchased and installed by the owner are at the vehicle owner's own risk.

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