TEXAS CARBON LLC — PRODUCT DISCLAIMER & TERMS OF SALE
Contact: support@texascarbon.co
By purchasing, receiving, installing, or using any product sold by Texas Carbon LLC (“Texas Carbon,” “we,” “us”), you (“you,” “customer,” “purchaser”) agree to the following.
1) AGE / LEGAL CAPACITY
You represent and warrant that you are at least 18 years old or the age of majority in your jurisdiction, and that you have the legal capacity and authority to enter into this agreement. If you purchase, accept delivery, or allow installation/use of any product on behalf of another person or entity, you represent and warrant that you have authority to bind them to these terms.
2) SAFETY NOTICE / ASSUMPTION OF RISK
Aftermarket automotive parts and vehicle modifications involve inherent risks, including the risk of property damage, vehicle failure, serious bodily injury, or death. Some products may be installed near or may affect safety-critical systems (including steering, SRS/airbags, wiring/electronics, sensors, driver controls, and vehicle structure).
YOU ASSUME ALL RISKS arising from or related to purchase, handling, installation, fitment, use, misuse, modification, or inability to use any product, whether foreseeable or not.
3) INSTALLATION RESPONSIBILITY (PROFESSIONAL INSTALL STRONGLY RECOMMENDED)
You are solely responsible for safe and correct installation and for determining whether a product is suitable for your vehicle and intended use. Professional installation is strongly recommended, especially for:
- steering wheels and any parts installed near SRS/airbag components, clocksprings, wiring, or driver controls;
- exhaust systems; and
- exterior panels/hoods and any structural fitment parts.
Texas Carbon does not control installation workmanship, tools, techniques, torque specs, wiring, calibration, or post-install inspection. Any installation guidance we provide is general information only and does not replace professional judgment.
4) FITMENT / COMPATIBILITY VERIFICATION (CUSTOMER’S DUTY)
You are responsible for confirming exact compatibility before ordering and before installation, including but not limited to:
- year/make/model/trim and option packages;
- connector types, harnesses, clocksprings, and electronic control layouts;
- OEM component transfer requirements (airbag module, buttons, trim, wiring, paddles, etc.);
- sensor/electronic function after installation; and
- post-install safety/roadworthiness.
Compatibility can vary within the same model year and trim. Purchasing based on appearance alone is at your risk.
5) LEGAL / COMPLIANCE RESPONSIBILITY (INCLUDING EXHAUST)
Laws and regulations vary by location and may restrict aftermarket modifications (including emissions, noise, equipment requirements, inspections, and road-use rules). You are solely responsible for determining legal compliance and for any fines, inspection failures, tickets, impoundment, insurance issues, or other consequences.
6) CARBON FIBER / AFTERMARKET VARIATION
Carbon fiber and aftermarket components may exhibit normal variation, including weave alignment differences, minor cosmetic imperfections, finish/texture variation between batches, and small differences in shade or reflectivity under different lighting. These characteristics are not necessarily defects.
7) NO OEM AFFILIATION / NO OEM CERTIFICATION
Texas Carbon products are aftermarket. Texas Carbon is not affiliated with, endorsed by, sponsored by, or officially connected to any vehicle manufacturer. Any trademarks or vehicle references are used only to describe potential compatibility.
8) WARRANTY DISCLAIMER (CONSPICUOUS)
THE PRODUCTS ARE SOLD “AS IS,” “WITH ALL FAULTS,” AND “WITH ALL DEFECTS.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXAS CARBON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
THIS INCLUDES, WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
No statement, message, listing text, photo, video, or description (including on our website, social media, email, or DMs) creates any warranty unless Texas Carbon provides a written warranty document signed by Texas Carbon specifically identifying itself as a warranty.
Some jurisdictions do not allow certain warranty disclaimers; in those jurisdictions, disclaimers apply to the maximum extent permitted.
9) LIMITATION OF LIABILITY / LIMITATION OF REMEDIES (CONSPICUOUS)
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Texas Carbon is not liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to labor/installation costs, towing, downtime, lost profits, loss of use, rental vehicles, diminished value, or third-party claims.
- Texas Carbon is not liable for any damages arising from improper installation, misuse, modification, racing/track use, accidents, environmental exposure, or failure to follow safe procedures.
TOTAL LIABILITY CAP: If Texas Carbon is found liable for any claim, Texas Carbon’s total liability shall not exceed the amount you paid for the specific product that gave rise to the claim (excluding shipping, taxes, duties, and labor).
SOLE REMEDY: At Texas Carbon’s option, your sole remedy for any claim relating to a product is limited to:
- replacement of the product, or
- refund of the purchase price for the product,
after return and inspection if a return is authorized.
Certain limitations may not apply in some jurisdictions, and limitations for personal injury may be restricted by law; in such cases, these limitations apply to the maximum extent permitted.
10) RELEASE OF CLAIMS; EXPRESS NEGLIGENCE (TEXAS) (CONSPICUOUS)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE TEXAS CARBON LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, AND LIABILITIES ARISING OUT OF OR RELATING TO ANY PRODUCT, INCLUDING CLAIMS ALLEGING THE NEGLIGENCE OF TEXAS CARBON LLC OR ITS REPRESENTATIVES.
This release does not apply to any liability that cannot legally be released under applicable law.
11) INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Texas Carbon LLC and its members/managers/employees/agents/suppliers/affiliates from any claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) arising from or related to:
- your purchase, possession, installation, wiring, use, misuse, resale, or modification of any product;
- your vehicle’s condition (including pre-existing faults or prior modifications);
- your failure to verify fitment/compatibility or to follow safe procedures; or
- your violation of any law or regulation.
12) TIME LIMIT TO BRING CLAIMS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR ACTION RELATING TO A PRODUCT OR PURCHASE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. If not brought within one year, it is permanently barred.
13) FORCE MAJEURE / ACTS OF GOD
Texas Carbon is not liable for any delay, non-performance, loss, or damage caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, severe weather, earthquakes, pandemics/epidemics, power outages, internet/hosting failures, labor disputes, strikes, supply chain disruptions, carrier delays, customs holds, government actions, war, terrorism, civil unrest, theft, or equipment failure. In such cases, Texas Carbon’s obligations are suspended for the duration of the force majeure event, and timelines will be reasonably extended. This includes any other event that renders performance commercially impracticable or impossible despite reasonable efforts.
14) ARBITRATION AGREEMENT & CLASS ACTION WAIVER (CONSPICUOUS)
PLEASE READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS.
Agreement to arbitrate: Any dispute or claim arising out of or relating to your purchase, the products, or these terms shall be resolved by binding arbitration, except that either party may bring an individual claim in small claims court if eligible.
Governing law for arbitration: The parties agree that the Federal Arbitration Act (FAA) governs this arbitration agreement.
Administrator / rules: Arbitration shall be administered by the American Arbitration Association (AAA) under its applicable rules.
Location / remote: Unless the parties agree otherwise, arbitration will be conducted in Travis County, Texas, and may be conducted by video/remote hearing where permitted.
Class action waiver: Disputes must be brought only on an individual basis. You and Texas Carbon waive any right to participate in any class, collective, or representative action against the other.
If any portion of this arbitration section is found unenforceable, the remainder shall be enforced to the maximum extent permitted.
15) GOVERNING LAW / VENUE (NON-ARBITRABLE MATTERS)
Except where preempted by the FAA, these terms are governed by the laws of the State of Texas. For any matter not subject to arbitration, exclusive venue shall be state or federal courts located in Travis County, Texas, to the maximum extent permitted by law.
16) NO WAIVER OF NON-WAIVABLE CONSUMER RIGHTS
Nothing in these terms is intended to waive rights that cannot be waived under applicable law. Any provision will be enforced only to the maximum extent permitted.
17) ACCEPTANCE
If you do not agree to these terms, do not purchase, receive, install, or use Texas Carbon products. Your purchase, acceptance of delivery, installation, or use constitutes acceptance of these terms.