Terms and Conditions

RETURN POLICY NO PRODUCTS SHALL BE RETURNED WITHOUT FIRST RECEIVING A RETURN GOODS AUTHORIZATION (RGA) NUMBER FROM Twist A Return Goods Authorization Number (RGA) must be clearly marked on all packages. Return Goods Authorization (RGA) number is only approved for the items originally authorized and valid for 90-days from date of issue. Distributors are allowed one (1) annual stock adjustment per year, with no penalty. However, any products returned needing repackaging will receive a 20% repackaging fee, which is at the sole discretion of Twist No return goods will be accepted beyond 12 months from the date of invoice and be no greater than 5% of prior year’s purchases.  Defective products must first receive a Return Goods Authorization (RGA) number from Twist. Upon receipt of a returned Product from a Purchaser, Twist’s Defective products must first receive a Return Goods Authorization (RGA) number from Twist. Upon receipt of a returned Product from a Purchaser, Twist’s Defective products must first receive a Return Goods Authorization (RGA) number from Twist. Upon receipt of a returned Product from a Purchaser, Twist’s quality control will evaluate and analyze whether the Product is defective due to workmanship and/or materials, which is at the sole discretion of Twists, If Twist quality control determines that the Product is defective, it is at Twist’s sole discretion whether to repair, replace, or credit the defective Product. However, if Twist quality control determines that the product is not defective and/or does not meet the warranty terms,Twist. will return the product to the customer at their cost.  All other authorized returns of saleable merchandise, other than shipments made in error by Twist, will be subject to a 20% restocking fee. Returned products not deemed saleable, is at the sole discretion of Twist .  All customers must return product(s) freight prepaid and all risks of loss and damage of goods are the customer’s responsibility.

DELIVERY AND DAMAGE To prevent loss of cartons by the carriers, you must count and sign for the number of pieces received, not just pallets. The Bill of Lading states how many individual cartons (pieces) are on the shipment. Please note that we make the freight carriers sign for how many pieces they are receiving, so if you sign for pallets not cartons it is hard to prove shortages. However, claims for shortages on orders will not be considered unless presented to Twist within 7 business days after receipt of goods, or otherwise customer will be conclusively presumed to have accepted the shipment. If goods are visibly damaged, the customer must note this on the delivery receipt for written confirmation of the damage. If concealed damage is found after unpacking, the customer must notify Twist and the freight carrier within 48-hours to obtain verification of the damage from the freight carrier.

CHANGES Twist reserves the right to make reasonable changes of any kind in its products and/or its packaging and correct any printed pricing error without notice. The need for continuing improvement of products and other factors require the making of changes from time to time in product design, material specifications, and product dimensions.  CANCELLATION Any cancellation of order(s) must be called into our Customer Service Department and verified that the order has not been shipped. Twist is not responsible for cost on any order(s) shipped prior to receiving the cancellation phone call notification. Twist will not accept the responsibility of calling the customer prior to any shipment. Custom orders if produced are not approved to cancel. All deposit or payments are final on custom items.

NOTE: Twist Dynamic’s prices, terms, and specifications are subject to change without notice.

PRICES All prices listed herein supersede all prior prices for like merchandise and further are subject to change without notice. Prices, terms, and specifications are subject to change without notice. However, every attempt will be made to give at least 30-days notice of any changes. Purchase order(s) with incorrect pricing will be changed to current prices without notification to customer. All orders are subject to prices in effect when the purchase order(s) are placed.

ACCEPTANCE OF ORDERS Twist reserves the right to accept or reject any order at our discretion. Any such additional, conflicting, or altered Terms are hereby rejected.  None of Twist Terms and Conditions of Sales may be added to, modified, superseded, or otherwise altered, except by an authorized Twist manager and on Twist letterhead. If any of these Terms and Conditions is invalid or unenforceable, the invalidity or unenforceability shall not affect the remaining Terms and Conditions which shall continue in full force and effect.

FREIGHT is FOB Sarasota, Florida USA and added to all invoices. Freight is prepaid on orders totaling a minimum of $5000 in the Contiguous United States, Any cost incurred in delivery refusal is solely the customers’ responsibility.

WILL CALL ORDER requires a 24-hour advance notice before pick-up. Twist Will Call hours are Monday thru Friday 8:00 am to 3:00 pm (closed from 12:30 to 1:00). Will Call orders must be checked and signed for prior to leaving Twist facility. Shortages cannot be claimed after leaving Twist facility.

INFORMATION ABOUT FEDERAL AND STATE NOISE AND EMISSIONS LAWS

Federal and state noise and emissions laws regulate modifications that affect emissions from motor vehicles, including motorcycles. Before purchasing any emissions-related products for use in California, you should carefully review the information provided herein as California law prohibits the installation and use of many aftermarket emissions-related parts on California highways, and authorizes the recovery of substantial fines and penalties against those who violate California emissions laws. Modifications that increase vehicle emissions can be illegal in certain states in addition to California.

• The exhaust parts in this catalog are generally not legal for sale, or use in California, unless such parts are installed on vehicles that did not come originally equipped with a catalytic converter OR such parts either have received Executive Order (“EO”) from CARB’s Executive Officer or are installed on racing vehicles which are never used upon California highways. Do not purchase, sell, install or use any of the exhaust parts in this catalog in California unless you have determined that one or more of these conditions apply. End use customers should check with the manufacturers of their vehicles or CARB to determine whether such vehicles came originally equipped with catalytic converters.
• California law generally prohibits the removal of catalytic converters from motorcycles that are used in California.
• In California, it is generally illegal to replace an OEM exhaust part that contains a catalytic converter with an aftermarket part that does not contain a catalytic converter.
• Aftermarket exhaust parts intended for installation on non-catalyst equipped motorcycles are generally presumed to be legal for sale, installation, and use in California.
• Aftermarket slip-on mufflers that do not contain catalytic converters are generally illegal for sale, installation and use unless they have been exempted and certified by CARB’s Executive Officer. Lists of exempted products are available on CARB’s website and can be accessed via the hyperlinks provided below.
• California’s air pollution control requirements do not generally apply to “racing vehicles,” which are used in closed course competitions and are never used on California highways.

“Add-on” and “Modified” Parts

California emissions laws prohibit the installation, sale, advertising, and on- and off-highway use of any “add-on” or “modified” emissions-related part (e.g., exhaust parts or systems) on any pollution-controlled vehicle unless either (a) the part has received an exemption from the Executive Officer (“EO”) of the California Air Resources Board (“CARB”) or (b) the part is installed on a racing vehicle which is never used upon a highway. See California Vehicle code §§ 27156 and 338391; see also 13 CCR §§ 2220-2225 (“aftermarket parts” regulations). An “emissions-related part” is defined to mean “any automotive part, which affects any regulated emissions from a motor vehicle which is subject to California or federal emissions standards.” 13 CCR § 1900(3). A “modified part” is defined to mean “any aftermarket part intended to replace an original equipment emissions-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions, excluding a consolidated part.” 13 CCR § 1900(b)(14). An “add-on” part is defined to mean “any aftermarket part which is not a modified part or a replacement part.” A “racing vehicle” is defined to mean “a competition vehicle not used on public highways.” California Health & Safety Code § 43001.

A “replacement part” is defined to mean “any aftermarket part intended to replace an original equipment emission-related part and which is functionally identical to the originally equipment part in all respects which in any way affect emissions.” 13 CCR § 1900(b)(20). Replacement parts are presumed to be legal for use on pollution-controlled vehicles and no not require CARB exemptions. See 13 CCR § 2221; see also CARB’s “Replacement Parts Guidelines – Aftermarket, Performance, and Add-On Parts Regulations.”

In California, exhaust systems (headers or mufflers) intended for installation on non-catalyst equipped motorcycles are considered by CARB to be “replacement parts” and comply with emissions regulations enforced by CARB, provided that all emission controls originally connected to the exhaust manifold are reconnected to the exhaust system and are functioning properly. Similarly, “slip-on” mufflers are generally legal for use in California as “replacement parts” unless the muffler being replaced contained a catalyst. Before purchasing any exhaust products in this catalog, check with the vehicle manufacturer to determine whether the vehicle came originally equipped with a catalytic converter. Before purchasing any slip-on muffler products in this catalog, check with the vehicle manufacturer to determine whether the OEM muffler contains a catalyst.

CARB Executive Orders

The manufacturers of aftermarket “add-on” and “modified” parts are responsible for obtaining exemptions from CARB. Any “add-on” or “modified” emissions-related parts contained in this catalog that are subject to noise or emissions laws may or may not have been evaluated and/or exempted by CARB or other applicable enforcement agencies.

For a list of CARB Executive Orders by device (except for catalytic converters), see

http://www.arb.ca.gov/msprog/aftermkt/devices/amquery.php

For a list of CARB-exempted aftermarket critical emission control parts for highway motorcycles, see

https://ww3.arb.ca.gov/msprog/aftermkt/motorcycle1/exempthmc.pdf

See also CARB’s webpage on “Motorcycle Aftermarket Parts.”

Disclaimer

As a distributor, Twist Dynamics makes no representation or warranty with respect to whether the items in this catalog are legal for sale, installation, or on-highway use in California or any other state. Customers that purchase, install, and use the emissions-related products in this catalog must comply with all applicable laws. When purchasing, installing, and using add-on or modified aftermarket parts, the purchaser is responsible for ensuring that such parts are “replacement parts,” have received CARB exemptions or will be installed on racing vehicles which are never used upon California highways.  Consult with the manufacturer as to any such exemptions before purchasing any add-on or modified emissions-related parts for use in California or elsewhere.

For additional information about the sale and use of aftermarket exhaust systems in California, see the Motorcycle Industry Council’s responses to “Frequently Asked Questions about Aftermarket Exhaust Systems for Motorcycles and ATVs in California.