WE ARE HAPPY TO ACCEPT YOUR ORDER, BUT THIS ACCEPTANCE IS EXPRESSLY MADE CONDITIONAL ON ACCEPTANCE OF OUR TERMS AND CONDITIONS.

The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Cavalier Components, Inc. ("Cavalier") to Cavalier's customers ("Customer"). These Terms and Conditions shall apply to the exclusion of all other terms referred to in any purchase order, acknowledgment, confirmation or any other documentation issued by either party, unless agreed in writing and signed by an authorized officer of Cavalier.

1. ORDERS Orders will be initiated by Customer Purchase Order to Cavalier, as generated by the Cavalier Stock website shopping cart.  Orders will identify the Products, unit quantities, part numbers, descriptions, and applicable prices. Orders are subject to Cavalier's acceptance. Cavalier reserves the right to limit quantities and to refuse to deal with any person or company.

2. PRICES Orders are billed at the prices (in US dollars) in effect at the time of shipment. The website reflects the latest pricing information available at the time of viewing, which is subject to change without notice. Non-standard Products will be sold at the prices set out in the relevant quotation supplied by Cavalier. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee. Prices for any rescheduled deliveries may be increased by Cavalier in the event of an increase in Cavalier's prices or costs or causes beyond Cavalier's reasonable control.

Prices do not include federal, state and local sale, use, excise and similar taxes that apply to Products, which Customer will also pay at the applicable rate unless an original signed tax exemption certificate is received by Cavalier, or the Tax resale number is entered into the customer profile.

3. TERMS OF PAYMENT If Cavalier has not granted credit to Customer, payment terms are Credit Card only, for Visa, Master Card, and American Express.

4. DELIVERY AND TITLE All shipments by Cavalier are FOB point of shipment, and the amount of all shipment charges shall be paid to Cavalier by Customer in addition to the purchase price of the Products. Selection of the carrier and delivery route will be made by Cavalier based on, but not subject to, customer request. Cavalier will aim to initiate shipment and deliver the Products as close as possible to Customer's requested delivery date(s). Customer acknowledges that shipment and delivery dates provided by Cavalier are estimates only and that Cavalier will not be liable for failure to achieve such dates. For the avoidance of doubt, delivery of Products within 30 days of the requested delivery date shall constitute timely delivery. Delivery of a quantity within +/-10% of the quantity ordered will constitute full delivery. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s).

Delivery to a carrier will constitute delivery to Customer, and risk of loss of or damage to the Products will pass to Customer at this point. Title to the Products shall remain with Cavalier until payment in full for the Products by Customer. Products invoiced and held by Cavalier at Customer's request will be held at Customer's risk and expense.

All shipments orders are non-cancelable, non-returnable. Return requests based on manufacturer’s defects will be resolved based on manufacturer’s guidelines for defective product.

Authorization to return Products must be obtained from Cavalier, which authorization may be granted by Cavalier at its sole discretion. If granted, Cavalier will issue Customer a return material authorization ("RMA") number. No return of Products will be accepted without an RMA number. Returned Products must be in original shipping cartons and must be complete with all packing materials and in re-sellable condition. Return freight charges must be prepaid by Customer. Cavalier will not be responsible for returned Products lost in transit. All items not eligible for return will be returned to Customer, transportation collect. Non-standard Products may not be returned. Unless prohibited by applicable law, all credits (including refunds) which are not used for at least 24 months will be subject to a monthly dormant account fee equal to the greater of $1.50 or 5% of the credit balance, not to exceed the amount of the credit.

6. LIMITATION OF LIABILITIES CUSTOMER SHALL NOT BE ENTITLED TO, AND CAVALIER SHALL NOT BE LIABLE FOR, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. CUSTOMER'S RECOVERY FROM CAVALIER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.

California residents - WARNING: Some of Cavalier's Products contain chemicals known to the State of California to cause cancer, birth defects, or reproductive toxicity under certain conditions or at certain levels. Cavalier's suppliers are responsible for proper identification and labeling of these Products.

7. PUBLISHED INFORMATION Cavalier makes every effort to ensure the accuracy of the information on its website. However, Cavalier makes no representations about the information presented, which is provided "as-is" without warranty of any kind. Product specifications and availability are subject to change without prior notice.

8. LIMITATIONS OF USE PRODUCTS SOLD BY CAVALIER ARE NOT RECOMMENDED OR AUTHORIZED FOR USE IN LIFE SUPPORT, SURGICAL IMPLANTATION, NUCLEAR OR AIRCRAFT APPLICATIONS OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. Customer agrees that using or selling Products for use in such applications is done at its own risk, and agrees that Cavalier and the manufacturer of the Products are not liable for any claim or damage arising from such use. Customer agrees to fully indemnify, defend and hold harmless Cavalier and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in such applications. Use of software will be subject to the terms of any accompanying end user license.

9. STATEMENTS AND ADVICE If statements or advice (technical or otherwise, and whether or not provided by Cavalier's technical support group) are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Cavalier will have no responsibilities or liabilities whatsoever for the content or use of such statements or advice.

10. FORCE MAJEURE Cavalier will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. Cavalier's time for delivery or performance will be extended by the period of such delay or Cavalier may, at its option, cancel any order or remaining part thereof without liability by giving notice to Customer.

11. EXPORT   At the current time, Cavalier sales are limited to customers within the United States. Subsequent shipment and/or resale of these Products outside of the US is governed by US law and at the sole liability of the party conducting the sale and/or shipment. Diversion of Products outside of the US contrary to US law is prohibited.

12. GENERAL The Terms and Conditions may not be modified or cancelled without Cavalier's written agreement. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The provisions set out in these Terms and Conditions are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of New Jersey, other than the conflicts of laws principles thereof, and subject to the jurisdiction of New Jersey courts. Customer will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is required without first obtaining all licenses and other approvals. Customer acknowledges that Cavalier and its licensors own the intellectual property rights on the Cavalier website, the website content and the stock numbers, and that their whole or partial reproduction without Cavalier's prior written consent is prohibited.