Conditions of Use

Welcome to Clarke Manufacturing Inc.  Before you use the Clarke Manufacturing Inc. Web Site at www.clarkemfg.com (the "Site"), please read the following terms which govern your use of the Site. By using the Site, you agree to follow and be bound by the terms and conditions of this Agreement (the "Agreement").

General

Clarke Manufacturing Inc. reserves the right to change the terms of this Agreement at any time and without notice. Your use of the Site following any such change constitutes your agreement to be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use. We reserve the right to refuse service to anyone for any reason at any time.

Ordering

Placing your order with Clarke Manufacturing Inc. constitutes an offer, which Clarke Manufacturing Inc. reserves the right to reject or approve at its discretion. No contract will arise Clarke Manufacturing Inc. has accepted your offer by approving your order.

Shipping Policy

All shipping charges are F.O.B. our plant. All domestic orders will be shipped U.P.S. All foreign orders will be shipped United States Postal Service unless otherwise specified. Please call for rates or if you require special shipping needs.

Return Policy

SHIPPING CHARGES ARE NON-REFUNDABLE. THE CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING FEES INVOLVED IN THE RETURN /EXCHANGE PROCESS. Due to the overwhelming amount of aftermarket parts available for motorcycles and ATV’s, Clarke Mfg. will not be held responsible for conflict arising with the fitment of our tanks with other after market products. This includes but is not limited to: STEERING STABILIZERS, EXHAUST PIPES, HANDLE BARS, RACING FENDERS, ETC. There are NO returns after 30 days. Returns will only be accepted under the guarantee listed below. Returns are subject to a 20% restocking fee.  Exchanges may be made at our discretion. ALL returns or exchanges must have a return authorization number.

Intellectual Property Notice

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and all copy, content, source code and other written and visual materials on the Site (collectively, "the Property") are the exclusive copyright, trademark, or other intellectual property owned or licensed by Clarke Manufacturing Inc.. The Site as a whole is protected by state of Oregon and international copyright, trademark and all other intellectual property law. All worldwide rights, titles and interests in and to the Property are owned or licensed by Clarke Manufacturing Inc..

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited by state of Oregon and international law.

You, as the user, have a limited license to download or copy the Property on this Site for personal, noncommercial use only. Violation of Clarke Manufacturing Inc.'s Intellectual Property Notice will result in automatic revocation of this license. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Property on the Site, the Site as a whole, or any related software without the prior written permission of Clarke Manufacturing Inc.. You may not use any meta tags or any other hidden text utilizing any of the Property, including Clarke Manufacturing Inc.'s name or web address, without the express written consent of Clarke Manufacturing Inc.. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site using robots, data mining, automated agents, or any other data gathering or extraction tools without prior written permission of Clarke Manufacturing Inc..

User Comments, Feedback and other Submissions

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Clarke Manufacturing Inc. or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Clarke Manufacturing Inc.'s property. Such disclosure, submission or offer shall constitute an assignment to Clarke Manufacturing Inc. of all worldwide rights, titles and interests in all intellectual property rights in such comments, feedback, suggestions, and other submissions.

Duties, Taxes and Licenses

All duties, taxes and licenses incurred while shopping at Clarke Manufacturing Inc. are the sole responsibility of the customer. Clarke Manufacturing Inc. cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses. Any unpaid taxes forwarded to Clarke Manufacturing Inc. will be charged to the customer.

Ancillary Computer Equipment and Services

You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.

Legal Compliance

You shall use Clarke Manufacturing Inc. for lawful purposes only. You shall not transmit through Clarke Manufacturing Inc. any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Clarke Manufacturing Inc. for any breach of this provision or any other provision of this Agreement.

Quality of Goods

The majority of the goods sold by Clarke Manufacturing Inc. are handmade by artisans in small quantities. As a result, minor differences in each piece, which add to the individual quality of the goods, should be expected. Clarke Manufacturing Inc. inspects each piece before shipping to ensure quality, however the consumer and end user assume all risk of use associated with our products. Clarke Manufacturing Inc. may not be held liable for damages arising from use of our products.

Warranty/Disclaimer of Liability

YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. Clarke Manufacturing Inc. DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM clarkemfg.com ARE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT Clarke Manufacturing Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. Clarke Manufacturing Inc. shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder . We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.

Certain sate laws do not allow limitations on warranties or exclusion or limitation on certain damages. If any part of this agreement is does not apply to you, or is held invalid, void or unenforceable, that provision is deemed severable, and will not affect the remaining enforceable provisions of this Agreement.

Indemnification

You agree to indemnify, defend and hold Clarke Manufacturing Inc. harmless against all damages, claims, liability, costs and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing clarkemfg.com under your account.

Governing Law

The Site is created and controlled by Clarke Manufacturing Inc., in the the state of Oregon. By visiting this Site, you agree that the laws of the state of Oregon, without regard to principles of conflicts of laws, will govern all terms, conditions and disclaimers on the Site, including this Agreement.

Dispute Resolution

All disputes arising out of any transaction with Clarke Manufacturing Inc. shall be submitted to binding arbitration in the state of Oregon, except that to the extent you have violated or threatened to violate Clarke Manufacturing Inc.'s intellectual properties, Clarke Manufacturing Inc. may seek relief in any state or federal court in the state of Oregon. By using the Site, you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules of the state of Oregon. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this Agreement shall be joined to any action involving any other party subject to this Agreement.

Integration

The terms and conditions contained in this Agreement constitute the entire agreement between the parties, and supersedes all prior and contemporaneous oral and written agreements and representations are merged herein. No employee, agent, or other representative of Clarke Manufacturing Inc. has authority to bind Clarke Manufacturing Inc. or its suppliers with respect to any statement, representation, warranty, or other expression unless specifically set forth in this Agreement.

No trade usage, regular practice or course of dealing between the parties may be used to modify this Agreement. Any modification of the Agreement must be made by mutual assent of the parties, and must be set forth in writing.