Terms for Sale and Use for NYTOP Products

Carefully review these Terms of Sale and Use for NYTOP Products before purchasing, installing, or using any NYTOP Products.

Effective: October 20, 2022

ACKNOWLEDGEMENT

(a) These Terms for Sale and Use (these “Terms”) constitute a legally binding agreement between the purchaser/user (hereinafter referred to as “you”) and NYTOP LLC, its affiliates, and subsidiaries (collectively referred to as “NYTOP” hereinafter), setting forth the terms that govern the purchase and subsequent installation and use of any product, part, or accessory sold by NYTOP (hereinafter collectively referred to as “NYTOP Products” or “NYTOP Product”). In these Terms, “we,” “us,” and “our,” refer collectively to NYTOP. By purchasing, installing, or using any NYTOP Product, you agree to be legally bound by these Terms. If you do not agree with the Terms as set forth below, please refrain from purchasing, installing, or using any NYTOP Products.

(b) NYTOP Products and their installation constitute a modification of a vehicle’s original state. A vehicle’s modification constitutes a dangerous activity that is neither foreseen nor desired by a vehicle’s original manufacturer and/or supplier. You expressly acknowledge the inherent danger of bodily harm and property damage to you and others by modifying your vehicle. By purchasing, installing, or using any NYTOP Product, you acknowledge and assume all risks associated with any kind of vehicle modification that is posed to you and others. Use of all NYTOP’s Products is at your own risk.

MODIFICATION OF TERMS

(a) NYTOP may, at any time and without notice, amend these Terms, or may limit or deny access to, or change the content of, the website. You should periodically visit this page to review the then-current Terms to which you are bound. These Terms are applicable to all purchases, installations, and uses of all NYTOP Products.

LIMITATION OF LIABILITY

(a) Whenever purchasing, installing, or using any NYTOP Product, you assume all liability. Modifications to your vehicle are done at your own risk and NYTOP does not accept liability or responsibility arising from damage caused by installing or using NYTOP Products. NYTOP accepts no liability for any damage to your vehicle where a NYTOP Product was installed or used (defective or not), any consequential damage to other items or persons, inconvenience or injury incurred by you, any loss of time or any costs associated with determining the source of product problems, or any loss of time or any costs incurred while removing, servicing, or installing NYTOP Products. The modification of any NYTOP Products may create dangerous conditions, which could cause serious bodily injury or property damage to you and others, and you hereby expressly assume all risks associated with any such modifications.

(b) You should be aware that certain modifications and installation or use of certain aftermarket parts, including NYTOP Products, may under certain circumstances void vehicle warranties.

(c) NYTOP Products may not meet national, state, or local DOT standards. Please check local and state laws before installing or using any NYTOP Product. We cannot be held responsible for any violation due to the installation or use of NYTOP Products. If you experience difficulty during the installation or subsequent use of any NYTOP Product, please, immediately, seek professional advice before continuing any such installation or use.

(d) At all times, it is your sole responsibility to regularly ensure the safe operation of your vehicle. At all times, it is your sole responsibility to regularly ensure that any NYTOP Product installed on your vehicle is safe and fit for operation. Any failure due to actions outside of our control, such as, but without limitation: (1) other people working on your vehicle; (2) incorrect installation of any NYTOP Product; (3) failure to follow engine break-in procedure; (4) force majeure; (5) human error while driving (by you and others); (6) running low on fluids; (7) road conditions; (8) pre-existing problems; (9) or abuse, will be solely at your own cost. NYTOP expressly waives all liability for the aforementioned conditions.

EXPLICIT WARNINGS ABOUT VEHICLE MODIFICATIONS

(a) Vehicle modifications constitute dangerous activities that can result in death, brain damage, paralysis, financial loss, property damage, emotional distress, or serious personal injury to you and others. You assume the risk of injury or death whenever participating in any vehicle modification through the purchase, use, or installation of any NYTOP Products. In no event will NYTOP be liable for any special, direct, incidental, or consequential damages to you and others, or any damages whatsoever, including, without limitation, the loss of life or limb, or damages due to bodily or personal injury, which may arise or result from the sale, installation, or use of NYTOP Products. If you do not understand or appreciate the danger of these activities, please refrain from all vehicle modifications, and purchase, installation, or use of NYTOP Products, and any further use of any NYTOP Products that have already been acquired.

(b) The installation and use of NYTOP Products can potentially affect safety, handling, stability, and emissions compliance of your vehicle. As such, the installation and use of any NYTOP Product can negatively affect the safety of you, your vehicle, other vehicles, and other individuals around you. You accept all responsibility for all resulting changes and modifications to your vehicle and all potential risks and fines/imprisonment for non-compliance with state and federal laws.

(c) Modification to your vehicle by installing or using NYTOP Products could alter your vehicle’s on-road performance in the event of a crash, accident, or collision, resulting in bodily harm or property damage to you and others. In purchasing, installing, or using NYTOP Products, you hereby assume full responsibility for any property damage or personal injury, to you and others, that may occur while installing or using NYTOP Products.

(d) Modification to your vehicle by installing or using NYTOP Products can alter the impact upon collision of your vehicle with another vehicle, third-party individual, or property. The installation and use of NYTOP Products can aggravate the damage to you, your vehicle, third-party individuals, and property upon any crash, collision, or accident. NYTOP assumes no liability for any such damage either in regular or aggravated form.

(e) The installation and use of NYTOP’s products may adversely affect other vehicle components, safety equipment, or manufactured goods (collectively "goods"). NYTOP assumes no responsibility for any damage to other goods, or bodily injury to you or others that may arise due to failure of other goods, or installation and/or use, either proper or improper, of NYTOP Products.

(f) NYTOP will not take responsibility for personal injury or property damage arising from failure of any NYTOP Products. Do not purchase, install, or use any NYTOP Products if you do not agree with these Terms, and/or if you do not feel competent in installing and using them safely and correctly. Improper installation can lead to personal injury or death, or property damage to you and others; a qualified professional should install all products and only skilled individuals should complete installation.

(g) Due to the nature of vehicle modifications, and their variances in conditions and use, no event can be foreseen, and therefore the safety of any person associated with the use of products is out of NYTOP’s control and NYTOP cannot be held liable for said events or any vehicle or product failures due to unforeseen events or improper use or abuse when installing or using NYTOP Products.

(h) Vehicle modifications of any kind (including the installation and use of NYTOP Products) that alter your vehicle’s original state may reduce or limit the life of your vehicle and any of its wearable parts and could result in damage to your vehicle. NYTOP is not responsible for any damage of this kind.

(i) Vehicle modifications of any kind (including the installation and use of NYTOP Products) do by no means guarantee any kind of enhanced performance related to your vehicle. The installation and use of NYTOP Products can interfere with your vehicle’s originally intended use and purpose and, as such, worsen the performance of your vehicle in every aspect. NYTOP expressly disclaims all liability for any damage – bodily harm or property damage to you and others – caused by your assumption that NYTOP Products are vehicle-performance-enhancing modifications.

ILLUSTRATION DISCLAIMER

(a) NYTOP’s brochures, website, and advertising material contain only representations of NYTOP Products. Pictures, illustrations, descriptions, and measurements of NYTOP Products may be different from the NYTOP Products offered to you due to modifications and/or upgrades. NYTOP is not liable for any such variance.

(b) NYTOP’s brochures, website, and advertising material contain representations that illustrate NYTOP Products in a sensational manner, including their off-road use. Such actions have been performed by trained professionals in specifically designated areas for such purposes under the further supervision of trained experts for vehicle and motor safety. Illustrations of NYTOP Products under such circumstances neither solicit nor encourage you to engage in any such activity while installing or using any NYTOP Product. Such sensational illustrations, as used by NYTOP, are merely intended for advertising and commercial purposes. NYTOP expressly disclaims any liability for any property damage or bodily harm, be it to you or others, if you engage in any such activity as illustrated by NYTOP’s brochures, website, or other advertising material while installing or using any NYTOP Product.

WARRANTIES

ALL NYTOP PRODUCTS ARE SOLD "AS IS" WITHOUT ANY WARRANTY. LIMITED FINISH WARRANTY, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. THE ENTIRE RISK OF QUALITY AND PERFORMANCE OF ALL NYTOP PRODUCTS IS WITH YOU AND SUBSEQUENT OR CONCURRENT USERS. SHOULD SUCH PRODUCTS OR PARTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU, AND NOT THE MANUFACTURER(S), DISTRIBUTOR(S), OR RETAILER(S), ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES OR REPAIRS AS A RESULT OF A PART(S) FAILING.

LIMITED FINISH WARRANTY

NYTOP PRODUCTS MAY BE EXAMINED FOR FINISH WARRANTY CONSIDERATION WITHIN 30 DAYS OF ORIGINAL SHIP DATE. EXCLUSIONS INCLUDE, BUT ARE NOT LIMITED TO, DAMAGE CAUSED BY TOOLS, ROAD DEBRIS, TRAIL USE, GENERAL MAINTENANCE, SALTY/CORROSIVE ENVIRONMENTS, ETC. PLEASE REFER TO OUR RETURN POLICY.

PURCHASER’S/USER’S RESPONSIBILITIES

(a) It is your responsibility to inspect and verify the dimensions, specifications, and performance of all NYTOP Products as being appropriate for the use to which you will use them prior to any actual purchase, installation, and use of said products and parts. All NYTOP Products are to be inspected by you before each use for evidence of damage, defect, or wear. Any deviation by you from NYTOP’s specifications concerning use, maintenance, repair, alterations, and modifications constitutes willful negligence.

(b) You guarantee that you have the power and authority to make, execute, deliver, and perform the agreement pursuant to these Terms and all the transactions contemplated under these Terms, and have taken all necessary action to authorize the execution, delivery, and performance of these Terms. When executed and delivered, these Terms will constitute the legal, valid, and binding obligation of the Purchaser enforceable in accordance with its terms, except as

enforcement may be limited by bankruptcy, insolvency, or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remedies.

SAFETY CLAIMS

(a) No warranty or representation is made as to the ability of NYTOP Products to protect you or any other third party from injury or death. You are fully responsible for your own actions and decisions. No safety product can completely protect you or any other third parties from injury or death.

(b) NYTOP Products are not supposed to enhance the safety of you, your vehicle, or others.

SEVERANCE OF DISCLAIMER PROVISIONS

(a) By purchasing, installing, or using NYTOP Products, you agree under present or future law, such provision shall be fully severed from these Terms and these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision. There shall be added automatically as part of these Terms a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

ENTIRE AGREEMENT

(a) The agreement, pursuant to these Terms, constitutes the entire agreement between you and NYTOP. Any prior communications, negotiations, indications, assumptions, or any other kind of communication that may govern the purchase, installation, and use of any NYTOP Product is superseded by these Terms. These Terms, exclusively, govern the entire purchase, installation, and use of any NYTOP Product.

Contact Us

If you have any questions about this Terms for Sale and Use, You can contact us: