Acknowledgement of Competition Use and Release and Assumption of Risk and Liability

EMISSIONS WARNING - Some Products are Intended for Competition and Race Use Only


DPF (Diesel Particulate Filter), CAT, and EGR removal ("Delete"), and other products or devices that modify, disable, remove, or otherwise alter any emission device or the function of any emission device are intended as RACE USE ONLY PRODUCTS to be USED SOLELY FOR COMPETITION. The use of these items is limited to closed-course and open-course racing that is formally sanctioned by a recognized racing organization. Any other use, including recreational off-road use, could be in violation of local, state and federal laws. Please read, understand and accept all the terms of this Acknowledgement before agreeing to purchase or install any Race Use Only products. All such Race Use Only Products and all similar or associated components and devices hereinafter referenced as Race Products or Delete System or Delete Kit, terms to be used interchangably.

In consideration of Performance Group LLC's (the Seller's) agreement to sell Competition Race Use Products, I, on behalf of myself, my successors, assigns and affiliates (collectively the “Releasing Parties” also referenced herein as Buyer), hereby release and forever waive and discharge the Seller and any affiliates, successors, assigns, directors, officers, agents, representatives, employees and distributors (collectively the “Released Parties” also reference herein as Seller), both jointly and severally, from any and all actions, covenants, claims and demands for damages or injuries (to vehicle or persons or property), and claims for penalties, fines, or other actions taken by any government authority, however arising, which may have been or may not have been sustained by, or in any way relating or arising out of the Race Products (including, without limitation, any claims related to failure to meet emission standards, failure of the vehicle to used solely for competition and voided warranties.) I further agree to indemnify and hold the Released Parties harmless from any such claims, including attorney’s fees and costs.

As the Buyer you acknowledge that:

  1. I am purchasing a Delete Kit for my vehicle which I am repairing or modifying.
  2. I am aware that the Delete System is to be used solely for competition in closed-course or open-course racing events sanctioned by a recognized racing organization.
  3. I represent and warrant that I am purchasing Race Products for the sole purpose of installing it on a vehicle that will be used solely in competition and not used on any public roadway, dirt or paved.
  4. I understand that a Delete System will not function properly on the vehicle unless an electronic module accompanies the system.
  5. I understand that the use of my vehicle for any purpose other than racing/competition as described herein after installing Race Products is a violation of the EPA Clean Air Act and my vehicle will fail local, state, and federal emission standards and testing in the USA and I may be subject to penalties and fines, have my vehicle impounded, and may be required to restore all OEM equipment.
  6. I understand that installation of any Delete Kit may void my vehicle and engine warranty.
  7. I understand that upon installation of Race Products that I must destroy (or I acknowledge that I have already destroyed) the original emission label of the vehicle on which the Delete System is installed.
  8. The Buyer assumes all associated risk of the purchase and/or use of this product.
  9. The Buyer assumes all responsibility of ensuring that allapplicable speed and safety restrictions are followed during the use of this product. This includes staying within speed limits of tire rating, engine speed restriction s, and legal competition racing use of the vehicle and associated product.
  10. All local,state, and federal laws and ordinances must be adhered during the use of Race Products. Determining the nature of these laws and ordinances is the exclusive responsibility of the Buyer.
  11. All of the above is regardless of capabilities enabled by use of any Race Products.

The Seller assumes no responsibility of any personal injury, death, property damage, penalties, fines, or any other burden associated with the use of any such competition racing use-only product.

Installation, service, and use are solely the responsibility of the Buyer, the Installer, and any User of any Race Products; the Seller assumes no liability for personal injury or property damage or any financial burden due to misuse, mis-installation, or improper service of the Race product or any parts or systems requiring maintenance or service as a result of Race product use. The Buyer and Installer assume all responsibility of ensuring that all proper instructions for installation and use are followed and any additional modifications, driver training, emissions compliance, and licensing regulations/prohibitions are adhered to.

Any Manufacturer Limited Vehicle Warranties and/or Extended Warranties should be referenced before installation and/or use of any of these products.

The Seller shall not be held responsible for voidance of any Warranties. The party providing the warranty (vehicle manufacturer, extended warranty provider, etc.) is to be referenced directly by the Buyer to determine what is or is not permissible under the Limited Warranty terms. The Buyer assumes all possible damages and associated costs in the situation of Warranty voidance.

Race products may be capable of making a vehicle unsafe for operation without additional modification and professional driving skills including, but not limited to, any of the following:

  1. Making the vehicle non-compliant with Local, State and Federal emissions regulations.
  2. Making the vehicle capable of generating vehicle speeds unsafe for driving conditions.
  3. Making the vehicle capable of generating conditions exceeding safe vehicle speeds based on mechanical condition of the vehicle, such as tire speed ratings.
  4. Making the vehicle capable of exceeding mechanical limits of engine speed, power output, and mechanical stress upon the powertrain, driveline, chassis, and body of the vehicle.
  5. Producing power and torque output requiring superior driving skills and techniques in order to be safely applied.
  6. It is the sole responsibility of the Buyer and Any User of any Race Product to be aware of any additional capabilities and adjust the installation and use of any Race Product accordingly.

All other warranties, express or implied, are not applicable for the purchase and use of any Race Product.

Failure of any Race product due to misuse or mis-installation is specifically excluded from any Limited Warranty. The Seller will not be held liable for indirect, incidental and/or consequential damages caused by the purchase, installation, and/or use of any Race product.

Certain products are not legal in the state of California for use on any pollution controlled vehicle. Certain products may be capable of disabling all or part of the emissions system on certain vehicle applications when selected by the end user to do so. Emissions removal is NOT LEGAL anywhere within the United States unless the vehicle is NOT REGISTERED with a division of motor vehicles and is being used solely as a competition race vehicle.

Further, by selecting any settings that can allow removal of any emissions equipment, the Buyer accepts all risk and liability associated with such use and agrees to all Terms and Conditions herein including:

  1. All settings or calibrations that may allow emissions removal are intended and developed for off-highway, organized, sanctioned, closed-course RACE COMPETITION USE ONLY! Any other use on ANY public or private road within the USA is STRICTLY PROHIBITED.
  2. The Seller insists that you do not select any calibrations or settings if the vehicle has been registered or certified for highway use within the USA.
  3. When used incorrectly any Race product may violate local, state, and federal laws pertaining to emissions, traffic, registration, and safety.
  4. Use of any Race product may damage or destroy mechanical and/or electrical components of this vehicle.
  5. Use of any Race product may void or nullify the vehicles factory warranty and/or any extended warranty.
  6. The Buyer and any User of any Race product understands that motorsports are dangerous, and that installation of any such product may subsequently require special driving skills or techniques to safely operate the vehicle.
  7. The Buyer and any User assumes sole responsibility for the safe, proper, and legal use of the vehicle and any Race product at all times.
  8. The Buyer and any User releases, indemnifies, discharges, and holds harmless the Seller from any and all claims, damages, causes of action, injuries, or expenses resulting from or relating to the use or installation of this product that is in violation of the terms and conditions on this page, the product disclaimer, and/or the product installation instructions.
  9. The Seller will not be liable for any direct, indirect, consequential, exemplary, punitive, statutory, or incidental damages or fines cause by the use or installation of this product.

IMPORTANT - ELECTRONIC SIGNATURE AND EXECUTION OF TERMS

Before allowing access to any settings or calibrations that may allow emissions modification or removal, you will be asked by the electronic device (tuner, programmer, etc) to electronically sign and agree to the terms and conditions listed above. In addition to your consent here and the electronic consent and signing of the terms and conditions on the device, you are certifying that you are aware of and assume all risk, liability, and consequences that may arise from its use. USE AT YOUR OWN RISK!

In witness hereof, by purchasing any such Race Products through this website I understand that I am electronically signing and executing this Acknowledgement of Competitive Use Only and Release and Assumption of Risk and Liability and that I have fully read, understood, and willingly agree, accept, and acknowledge all of the terms, conditions, and liabilities set forth herein as well as those stated in the EPA Clean Air Act.