TERMS OF SALE
FMS Auto Performance, LLC
Last Updated: July 2026
These Terms of Sale ("Terms") govern the purchase of products and services offered by FMS Auto Performance, LLC ("FMS Auto Performance," "we," "us," or "our") through www.fmsautoperformance.com, by phone, email, or in person.
By requesting a quote, accepting an invoice, placing an order, or purchasing products or services from FMS Auto Performance, you agree to these Terms of Sale.
1. Quote Requests
FMS Auto Performance currently operates using a quote and invoice process.
Submitting a quote request does not create a binding contract or guarantee product availability.
Our team may review:
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Vehicle compatibility
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Product availability
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Shipping costs
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Manufacturer restrictions
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Pricing accuracy
Additional information may be requested before an invoice is issued.
2. Order Acceptance
An order is considered accepted only after:
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A quote has been approved by the customer.
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Payment has been received (unless other arrangements have been made in writing).
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FMS Auto Performance confirms order acceptance.
We reserve the right to refuse or cancel any order for reasons including, but not limited to:
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Inventory shortages
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Supplier restrictions
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Pricing or typographical errors
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Fraud prevention
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Product discontinuation
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Legal or regulatory restrictions
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Website errors
If payment has already been received for a canceled order, a refund will be issued to the original payment method.
3. Pricing
All prices are subject to change without prior notice.
Although we make every effort to ensure pricing accuracy, errors may occasionally occur.
FMS Auto Performance reserves the right to correct pricing errors before an order is accepted.
Quotes are valid only for the time period stated on the quote or invoice.
4. Payment Terms
Payment is due according to the terms listed on the invoice.
Accepted payment methods may include:
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Credit and debit cards
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Secure online payment links
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Approved payment providers
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Other payment methods authorized by FMS Auto Performance
Orders are processed only after payment has been received unless otherwise agreed in writing.
5. Sales Tax
Applicable sales tax will be calculated based on the shipping destination and applicable state and local tax laws.
Customers are responsible for any taxes, duties, or governmental fees not collected by FMS Auto Performance where permitted by law.
6. Shipping & Delivery
Shipping costs are calculated based on:
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Package weight
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Package dimensions
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Destination
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Carrier rates
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Manufacturer fulfillment requirements
Estimated delivery dates are provided for convenience only and are not guaranteed.
Complete shipping details are available in our Shipping & Order Fulfillment Policy.
7. Product Availability
Many products sold by FMS Auto Performance are supplied by third-party manufacturers and distributors.
Inventory displayed on the Website may not always reflect real-time supplier availability.
If a product becomes unavailable after an order is placed, we may:
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Cancel the order
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Offer an alternative product
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Issue a refund
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Provide an updated estimated availability date
8. Special Orders
Special-order, made-to-order, or custom products may require additional processing time.
Once a special-order product has been submitted to the manufacturer or supplier, it cannot be canceled, returned, or exchanged except where required by law or approved by the manufacturer.
9. Vehicle Fitment
FMS Auto Performance is available to assist customers with product selection and fitment guidance.
However, customers are ultimately responsible for verifying:
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Vehicle year
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Make
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Model
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Trim level
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Engine
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Existing modifications
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Emissions requirements
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Intended product use
Incorrect purchases due to inaccurate vehicle information may be subject to our Returns & Refund Policy.
10. Product Installation
Many aftermarket performance products require professional installation.
Customers are responsible for ensuring products are installed correctly and according to the manufacturer's instructions.
FMS Auto Performance is not responsible for damage resulting from:
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Improper installation
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Incorrect tuning
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Misuse
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Abuse
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Racing or competition use
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Unauthorized modifications
11. Title and Risk of Loss
Ownership and risk of loss transfer to the customer when the order is delivered to the shipping carrier.
Customers should inspect all shipments immediately upon delivery.
12. Returns & Refunds
Returns, exchanges, and refunds are governed by the Returns & Refund Policy.
Customers should review that policy before requesting a return.
13. Warranty Disclaimer
Manufacturer warranties vary by brand and product.
Unless expressly stated otherwise, FMS Auto Performance does not provide independent warranties beyond those offered by the product manufacturer.
Warranty claims are subject to the manufacturer's warranty terms, inspection procedures, and approval requirements.
14. Limitation of Liability
To the fullest extent permitted by law, FMS Auto Performance shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from:
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Product purchases
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Shipping delays
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Installation
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Product misuse
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Vehicle damage
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Lost profits
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Loss of business
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Manufacturer delays
Our maximum liability shall not exceed the amount paid for the applicable product or service.
15. Force Majeure
FMS Auto Performance shall not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to:
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Natural disasters
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Severe weather
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Labor disputes
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Supply chain disruptions
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Government actions
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Transportation interruptions
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Power or communication outages
16. Governing Law
These Terms of Sale shall be governed by the laws of the State of California, without regard to conflict of law principles.
Any legal action arising from these Terms shall be brought exclusively in the appropriate state or federal courts located in California.
17. Changes to These Terms
FMS Auto Performance reserves the right to update or modify these Terms of Sale at any time.
Changes become effective immediately upon posting to this Website.
18. Contact Information
If you have questions regarding these Terms of Sale, please contact us.
FMS Auto Performance, LLC
210 S. Cain St., Suite G
Visalia, CA 93292
Phone: (559) 740-7953