FMS Auto Performance, LLC

Last Updated: July 2026

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Welcome to FMS Auto Performance ("FMS," "Company," "we," "our," or "us"). These Terms & Conditions ("Terms") govern your access to and use of www.fmsautoperformance.com (the "Website"), as well as any quote requests, purchases, products, services, and communications provided by FMS Auto Performance.

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By accessing this Website, requesting a quote, accepting an invoice, purchasing products, scheduling services, or otherwise using our Website, you agree to be bound by these Terms. If you do not agree with these Terms, please discontinue use of the Website.

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1. Website Use

You agree to use this Website only for lawful purposes.

You agree not to:

• Violate any local, state, federal, or international law.

• Submit false or misleading information.

• Attempt unauthorized access to our Website, servers, or systems.

• Interfere with Website functionality or security.

• Copy, reproduce, scrape, or distribute Website content without prior written permission.

• Use this Website in any manner that may damage or disrupt its operation.

FMS Auto Performance reserves the right to suspend or terminate access to any user who violates these Terms.

 

2. Quotes, Orders & Acceptance

FMS Auto Performance currently operates using a quote and invoice process.

Submitting a quote request does not constitute an accepted order.

Before payment is collected, our team may:

• Verify vehicle compatibility

• Confirm inventory availability

• Calculate shipping costs

• Review pricing

• Request additional information

• Decline an order when necessary

We reserve the right to refuse or cancel any order due to:

• Inventory shortages

• Supplier restrictions

• Pricing or typographical errors

• Suspected fraud

• Legal restrictions

• Product discontinuation

• Website errors

• Any circumstance beyond our reasonable control

 

3. Pricing & Product Availability

Prices displayed on the Website are subject to change without prior notice.

Product availability is not guaranteed until payment has been received and your order has been accepted for fulfillment.

Although we strive for accuracy, occasional pricing, specification, or inventory errors may occur.

FMS Auto Performance reserves the right to correct any errors and cancel affected orders when necessary.

 

4. Product Information

We make every effort to provide accurate:

• Product descriptions

• Specifications

• Images

• Compatibility information

• Pricing

However:

• Product images may be representative only.

• Manufacturers may revise products without notice.

• Colors, finishes, and appearance may vary.

• Specifications may change without notice.

Customers are responsible for verifying compatibility before purchasing.

 

5. Vehicle Fitment

FMS Auto Performance is happy to assist customers with selecting compatible products.

However, customers remain responsible for verifying:

• Vehicle year

• Make

• Model

• Trim level

• Engine

• Transmission

• Existing modifications

• Intended use

• Emissions requirements

Incorrect purchases resulting from inaccurate vehicle information or undisclosed modifications may be subject to our Returns & Refund Policy.

 

6. Performance Products & Legal Use

Many products sold by FMS Auto Performance are designed for:

• Competition use

• Off-road use

• Closed-course racing

Certain products may not be legal for use on public highways.

Installation of aftermarket performance parts may:

• Void manufacturer warranties

• Affect emissions compliance

• Require professional tuning

• Require additional modifications

Customers are solely responsible for ensuring compliance with all applicable federal, state, and local laws.

 

7. California Emissions Compliance

Certain products may not be legal for sale or use in California or other jurisdictions.

Unless expressly stated otherwise, FMS Auto Performance does not represent that any product complies with California Air Resources Board (CARB) requirements.

Customers are responsible for verifying emissions compliance before purchasing.

Please review our California Compliance Policy for additional information.

 

8. Installation & Professional Advice

Information provided by FMS Auto Performance is for general informational purposes only.

Product recommendations are based on information provided by the customer and do not guarantee compatibility or performance.

Professional installation by a qualified technician is strongly recommended for many aftermarket products.

FMS Auto Performance is not responsible for damages resulting from improper installation, misuse, or unauthorized modifications.

 

9. Intellectual Property

All content on this Website, including but not limited to:

• Logos

• Trademarks

• Graphics

• Product photography

• Website design

• Text

• Videos

• Icons

• Branding

is owned by or licensed to FMS Auto Performance and is protected by applicable intellectual property laws.

No content may be copied, reproduced, distributed, modified, or used without prior written permission.

 

10. Third-Party Manufacturers

Many products sold through FMS Auto Performance are manufactured by third-party companies.

Manufacturer specifications, warranties, product descriptions, and availability remain the responsibility of the respective manufacturer.

FMS Auto Performance is not responsible for manufacturer changes, discontinuations, warranty decisions, or product revisions.

 

11. Limitation of Liability

To the fullest extent permitted by law, FMS Auto Performance shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from:

• Website use

• Product installation

• Product misuse

• Vehicle damage

• Loss of vehicle use

• Lost profits

• Lost business opportunities

• Shipping delays

• Manufacturer delays

• Data loss

Our total liability shall not exceed the amount paid for the applicable product or service giving rise to the claim.

 

12. Indemnification

You agree to defend, indemnify, and hold harmless FMS Auto Performance, its owners, employees, affiliates, suppliers, and partners from any claims, damages, liabilities, costs, or expenses arising from:

• Your use of this Website

• Your violation of these Terms

• Improper installation or use of products

• Your violation of applicable laws or regulations

 

13. Third-Party Links

This Website may contain links to third-party websites.

FMS Auto Performance does not control or endorse third-party websites and is not responsible for their content, privacy practices, products, or services.

Use of third-party websites is at your own risk.

 

14. Privacy

Your use of this Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

 

15. Additional Policies

The following policies are incorporated into these Terms & Conditions by reference:

• Terms of Sale

• Privacy Policy

• Shipping & Order Fulfillment Policy

• Returns & Refund Policy

• California Compliance Policy

• Accessibility Statement

• Do Not Sell or Share My Personal Information

By using this Website or purchasing from FMS Auto Performance, you agree to these policies.

 

16. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles.

Any legal action arising from these Terms or the use of this Website shall be brought exclusively in the appropriate state or federal courts located in California.

To the extent permitted by law, any claim arising from these Terms must be filed within one (1) year after the cause of action arises.

 

17. Changes to These Terms

FMS Auto Performance reserves the right to modify these Terms at any time.

Changes become effective immediately upon posting to this Website.

Continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

 

18. Contact Information

If you have questions regarding these Terms & Conditions, please contact us.

FMS Auto Performance, LLC

210 S. Cain St., Suite G

Visalia, CA 93292

Phone: (559) 740-7953

Email: marcie@fmsautoperformance.com

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