Terms of service

Effective Date: 2/1/26

These Terms & Conditions (“Terms”) apply to all quotes, invoices, orders, and sales by Backroads Performance (“Backroads,” “we,” “us”) to you (“Customer,” “you”). By accepting a quote, placing an order, or paying an invoice, you agree to these Terms.

1) Quotes, Orders, and Acceptance

  • Quote validity: Quotes are valid for the period stated on the quote (or 15 days if not stated) and may change due to supplier price/availability changes.

  • Order acceptance: Orders are accepted when we receive payment (or confirm approved credit terms) and place the order with the supplier.

  • Clerical errors: We may correct typographical/pricing errors and may cancel/refund affected orders.

2) Pricing, Taxes, and Payment

  • Pricing: Prices exclude shipping/handling unless stated.

  • Taxes/fees: We collect applicable sales tax unless you provide valid exemption documentation before invoicing.

  • Payment terms: Unless stated otherwise, payment is due before shipment. Overdue balances may incur finance charges to the extent permitted by law.

3) Shipping, Delivery, and Risk of Loss

  • Delivery estimates: Ship/delivery dates are estimates, not guarantees.

  • Risk of loss: Risk of loss passes per carrier terms once tendered to the carrier (or as otherwise required by law).

  • Freight damage/shortage (time-sensitive): Inspect shipments immediately. Note visible damage on the delivery receipt, keep all packaging, and notify us within 24 hours of delivery for any damage, shortage, or incorrect shipment. You must also cooperate with carrier/manufacturer inspection requirements and file claims promptly.

4) Returns, RMAs, and Cancellations

  • RMA required: Returns require a Return Merchandise Authorization (“RMA”) before returning any item.

  • Return condition: Items must be unused, uninstalled, unmodified, and in original packaging with all components and labels intact.

  • Non-returnable items: Special-order, made-to-order, custom items, items marked “final sale,” and safety equipment that has been installed/used are not returnable (unless required by law).

  • Restocking & fees: Approved returns may be subject to restocking fees and shipping costs.

  • Cancellations: If an order has been placed with a supplier, cancellation may not be possible and may incur supplier fees.

5) Product Selection, Installation, and Customer Responsibilities

  • Fitment/compatibility: You are responsible for confirming product fitment, specifications, and compatibility before ordering.

  • Installation: Many products require professional installation and/or setup. Improper installation, misuse, or failure to follow manufacturer instructions can cause property damage, injury, or death.

  • Maintenance & inspection: You are responsible for ongoing inspection/maintenance and adhering to manufacturer service intervals.

6) Competition / Off-Road Use & Legal Compliance (When Applicable)

Some products are sold for competition/off-road use only and may not be legal for street use or in certain jurisdictions (including emissions-related restrictions). You are solely responsible for compliance with all applicable laws and regulations in your location and for your intended use.

7) Manufacturer Warranties; Warranty Claims

  • Manufacturer warranties only: Unless explicitly stated in writing by Backroads on your invoice, all warranties are provided by the manufacturer, and claims are subject to the manufacturer’s terms and approval.

  • Claim support: We can assist by providing documentation and order information, but we do not control manufacturer decisions.

  • Costs not covered: Unless required by law or covered by the manufacturer, labor, towing, downtime, diagnostics, track fees, travel, shipping, and incidental expenses are not covered.

8) WARRANTY DISCLAIMER (CONSPICUOUS)

MANUFACTURER WARRANTIES ONLY. Backroads does not provide a separate written warranty unless explicitly stated on your invoice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKROADS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

9) LIMITATION OF LIABILITY (CONSPICUOUS)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKROADS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (including loss of use, lost profits, downtime, or labor/installation costs).
BACKROADS’ TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.

Some jurisdictions limit exclusions for certain damages, so these limits apply only to the extent permitted by law.

10) Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Backroads from claims arising out of your installation, modification, misuse, racing/track use, or other use of products, except to the extent caused by Backroads’ own gross negligence or willful misconduct (where such exceptions are recognized by law).

11) Force Majeure

Backroads is not liable for delays or failure to perform caused by events beyond our reasonable control, including supplier shortages, carrier disruptions, weather events, strikes, acts of government, and other similar events.

12) Chargebacks and Fraud Prevention

We may request additional verification for transactions. Unjustified chargebacks may result in order cancellation and account restrictions.

13) Governing Law; Venue

These Terms are governed by West Virginia law (without regard to conflict of laws). Venue for disputes shall be in a court of competent jurisdiction in West Virginia unless otherwise required by law.

14) Severability; Updates

If any provision is unenforceable, the remaining provisions remain in effect. We may update these Terms from time to time by posting a revised Effective Date.