The Terms and Conditions of product sales and services are limited to those contained herein. Any additional or different Terms or Conditions in any form delivered by you (“Customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.

By accepting delivery of the products or by engaging the E&S Performance affiliate identified on the invoice, statement of work or other E&S Performance documentation ("Seller") to provide product or perform or procure any services, customer agrees to be bound by and accepts these Terms and Conditions unless customer and seller have signed a separate agreement, in which case the separate agreement will govern.

Any general description of the types of products or services and results thereof posted on the website do not constitute part of the agreement between seller and customer.

In accordance with applicable law, E&S Performance is registered to collects tax in all states with the exception of Vermont and North Dakota.

E&S Performance is required by law to charge tax for the states we are registered with Nexus.

Here some cases in which a business might have a sales tax Nexus in a state:

• If the business has a physical location in the state
• If there are resident employees working in the state
• If the business has property (including intangible property) in the state
• If there are employees who regularly solicit business in the state

Sales tax is applied to the total amount of the order and is based on the shipment's destination state and local sales tax rates.

States that impose sales tax collection on Shipping & Handling expenses require that sales tax be applied to Shipping & Handling when the item that is being shipped is subject to sales tax.

E&S Performance is able to process orders as tax exempt for qualifying entities. We currently don’t have an option to submit you order online with your tax exemption form. You must contact Customer Service at 855-384-2590 and submit you tax exemption form. The following states have no sales tax: Alaska, Delaware, Montana, New Hampshire and Oregon. Tax exempt entities do not have to provide any documentation for orders shipping to states that have no sales tax.

This site and all information, content, materials, products (including software) and services included on or otherwise made available to your through the site are provided by E&S Performance on an "As Is" and "As Available" basis, unless otherwise specified in writing. E&S Performance makes no representations or warranties of any kind, expressed or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, E&S Performance disclaims all warranties, expressed or implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose. E&S Performance does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or email sent from E&S Performance are free of viruses or other harmful components. E&S Performance will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site. Including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations of implied warranties or the exclusion or limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitation may not apply and you may have additional rights.

By visiting E&S Performance, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and E&S Performance.