Refund policy

Dear Customer,

 

These Terms and Conditions are a binding contract between you Customer, and Company, also referred to as TON3 Performance LLC dba TONE EXHAUSTS.  In order to order from TON3 Performance LLC dba TONE EXHAUSTS, you hereby agree to these Terms and Conditions.

At TON3 Performance, returns and exchanges are not accepted under any circumstances once an order has been placed.

Defective or Damaged Products
If you believe you have received a defective or damaged product, you must notify us within 7 days of delivery and provide clear documentation from a licensed automotive shop verifying the issue; please include photographs.

Once proper documentation and proof are received, we will review the case and determine a possible resolution. This may include replacement parts, repairs, or other reasonable solutions determined at our sole discretion.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND PROFESSIONAL REGULATIONS, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE: (A) SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY NATURE, INCLUDING BUSINESS INTERRUPTION OR LOSS OF PROFITS, CONTRACTS, OPPORTUNITIES, GOODWILL, REPUTATION, PRODUCTIVITY, FACILITIES OR EQUIPMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DAMAGE WAS FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE; OR (B) DIRECT DAMAGES IN AN AMOUNT GREATER THAN THE AMOUNT PAID TO US BY YOU IN THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE FOR THE INDIVIDUAL SERVICES THAT GAVE RISE TO THE CLAIM. IN ADDITION, WE WILL ONLY BE LIABLE FOR OUR PROPORTIONATE AMOUNT OF DAMAGES (BOTH ECONOMIC AND NON-ECONOMIC) AS SET FORTH IN A SEPARATE JUDGMENT RENDERED AGAINST US.

 

 

Independent Work. Neither you nor we have any right, power or authority to bind the other. You agree that nothing in these Terms and Conditions is intended to create duties to you beyond those expressly provided for in this agreement and the parties specifically disclaim the creation of any fiduciary relationship between, or the imposition of any fiduciary duties on, either party. You agree that our partners do not have individual civil liability, directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to each other, whether arising in tort, contract or otherwise.

 

Force Majeure. Neither of us shall be liable for breach of this Agreement (other than payment obligations) caused by circumstances beyond your or our reasonable control.

 

Assignment. Neither of us may assign this Agreement, or our rights or obligations under this Agreement, without the other party’s written consent; provided, however, that we may assign this Agreement without your consent to a successor in connection with a merger, acquisition, or sale of all or substantially all of our assets.

 

Severability. This Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then the remainder of this Agreement will have full force and effect and such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision.

 

Modification.  These Terms and Conditions may only be modified in a signed writing by the CEO of Company and Customer.

 

Complete Agreement. This Agreement contains the entire agreement between us with respect to the products performed and supersedes all oral understandings, representations, prior discussions and preliminary agreements. Any additional or conflicting terms submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document are expressly rejected.

 

Colorado Law shall apply to these Terms and Conditions, and any issues arising from and relating to these Terms and Conditions.  Should there be any dispute, the parties first agree to mediate in good faith.  In the event good faith mediation fails, the Parties agree to bring any and all claims in the Courts of Denver, Colorado.

Last updated June 8, 2026