Terms and Conditions


The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

Legal Notice
KMiata Inc. dba KPower Industries DISCLAIMER OF WARRANTIES FOR MOTORSPORT PARTS
  • MOTORSPORTS for the purposes of warranty is classified as any automobile activity that takes place off of a public highway, or on a public highway in a competitive environment.
  • All KMiata products are guaranteed to be free of structural, materials or workmanship defects at the date of purchase. KMiata is not liable for any loss, damage, injury or expense, either consequential or incidental, from the use of these products. KMiata assumes no responsibility for any losses, costs or extra expenses as a result of a defective item or the return for warranty determination of said item.
  • No claim is made as to merchantability or condition of any KMiata products for any particular purpose. The entire risk as to the quality and performance of such parts is with the buyer.  Examine your parts carefully upon receipt.  Should you decide NOT to use them, return them immediately in an unused condition for a credit, less shipping costs and restocking fees.  Should such parts prove defective following their purchase, it is of the sole discretion of KMiata to warranty these products within a period of 30 days if the parts are UNUSED.  
  • Given the nature of parts used in competitive motorsports environments, KMiata offers NO WARRANTY for parts that have been installed on a vehicle.  If the buyer feels that a manufacturing defect has been found prior to installation, KMiata should be contacted immediately.  
  • MOTORSPORT PARTS ARE DESIGNED FOR OFF-HIGHWAY OR RACING USE ONLY.
  • Because U.S., Canadian, state or provincial laws and regulations may prohibit removal or modification of components that were installed by the vehicle's manufacturer to meet emission requirements or to comply with motor vehicle safety regulations applicable to vehicles manufactured for use on public roads, KMiata recommends that vehicles equipped with Motorsports parts not be operated on public roads, and offers such parts only for track or off-highway competitive or performance use. Motorsports parts are intended for off-highway application only. Installation on a vehicle intended for use on public roads may violate U.S., Canadian, state or provincial laws and regulations including those relating to emission requirements and motor vehicle safety standards. In California certain parts may be used legally on a racing vehicle which will never be operated on public roads. In addition, installation of Motorsports parts may adversely affect the warranty coverage on your vehicle. Other local, state, provincial, territorial, or international laws may apply to the use of these parts. Please check your local laws before purchasing or using these parts.
  • RACING AND MOTORSPORTS IN GENERAL ARE A DANGEROUS SPORT. THIS INCLUDES BOTH PROFESSIONAL, AMATEUR AND DRIVERS EDUCATION EVENTS.
  • Accidents and failures can occur at any time.  Be aware that use of parts and services as well as participation in Motorsports activities carries a significant risk, and the Purchaser assumes all risks.  KMiata is not liable for any damage to vehicles or other property due to the use of Motorsports products.  Any parts from KMiata should be inspected regularly for any damage or wear.  
  • All notices from KMiata to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to KMiata shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
274 Jamie Lane, Wauconda, IL 60084
  • Delivery shall be deemed to have been made by You to KMiata five (5) days after the date sent.
Copyright
  • All content appearing on this Web site is the property of:
  • 274 Jamie Lane, Wauconda, IL 60084
  • Copyright © 2014-2022 KMiata. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2014-2022 KMiata. All rights reserved.
Trademarks
  • All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by KMiata. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of KMiata or any third party, except as expressly granted herein.
Use Of Site
  • This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. KMiata and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if KMiata believes that customer conduct violates applicable law or is harmful to the interests of KMiata and its subsidiaries.
Privacy Policy
  • KMiata use of personal information that you may submit to KMiata through this Web site is governed by the KMiata Privacy Policy.
Shipping & Delivery
  • At this time, KMiata ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. KMiata ships merchandise internationally as well. The risk of loss and title for all merchandise ordered on this website pass to you when the merchandise is delivered to the shipping carrier.  If you are interested in obtaining an international shipping quote to any other country, please email info@kpower.industries and provide a shipping address as well as a list of products desired.  
International
  • Customs and import duties may be applied to international orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
  • Shipping laws are different in each country. It is your responsibility to check with your customs office to verify whether the country to which you are shipping permits the shipment of your products. KMiata is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Sales Tax
  • KMiata charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.
Warranties
  • The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by KMiata.
  • The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. KMiata is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
  • The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not KMiata.
  • The inclusion of material on this server does not imply any endorsement by KMiata, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
  • A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although KMiata tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
Return Policy
  • You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). KMiata reserves the right to change its payment procedures at any time without prior notice to you.
  • KMiata Inc. accepts returns of new product in original packaging within 30 days of purchase.  All products are subject to a 20% restocking fee, and must be returned in a new condition, having never been installed on a vehicle.
  • Any swap package orders that are cancelled within the advertised lead time period are subject to a 10% restocking fee.
  • If a return needs to be made, please contact us at info@kpower.industries and provide your order number and products that need to be returned, and we will provide you with a Return Authorization and shipping instructions. 
Miscellaneous
VOID WHERE PROHIBITED:
  • Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. KMiata and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
  • GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of KMiata shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
  • MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and KMiata with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and KMiata with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by KMiata. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.