Sweeting Performance - Bosch Hydro-Boost®, Bosch Hydro-Max®, Vacuum, and Air-Hydraulic Power Brake Boosters, Master Cylinders, and Accessories
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Governing Authority: Uniform Commercial Code (UCC) Article 2 (Sales) & California Civil Code
This Master Agreement (“Agreement”) governs all purchases, custom manufacturing queues, technical specifications, and dispute resolution workflows between Sweeting Performance (“Seller” or “Company”) and the purchasing entity (“Buyer” or “Customer”).
By executing a transaction via digital checkbox validation, or by executing a verbal telephone order authorization, Buyer explicitly enters into a non-severable, binding commercial contract under the terms set forth below.
SECTION 1: NATURE OF THE CONTRACT & ESTIMATED PRODUCTION CYCLES
1.1 Custom Manufacturing Status & UCC Identification
Buyer acknowledges that Seller is a specialized custom manufacturer of vehicle-specific power brake systems utilizing raw components from tier-one suppliers (including Bosch, Wilwood, and Aeroquip). Seller does not stock mass-market, pre-assembled retail parts. Every order represents an individual contract for unique assembly, machining, layout configuration, or specialty engineering tailored to the specific vehicle metrics supplied by the Buyer. Pursuant to Uniform Commercial Code (UCC) § 2-201(3)(a), goods manufactured under this Agreement constitute "specially manufactured goods" not suitable for sale to others in the ordinary course of the Seller's business.
1.2 Variability of Estimated Production Horizons
Buyer acknowledges that Seller operates on a strict manufacturing queue system. All production timelines, lead times, or shipment windows published on this platform, referenced in marketing text, or discussed via telephone are strictly good-faith, variable operational estimates. They do not constitute guaranteed delivery dates, time-of-the-essence deadlines, or absolute contractual obligations. Production cycles fluctuate dynamically based on seasonal batch scheduling, system engineering complexity, specialized tooling setups, and overall queue volume.
1.3 Baseline Scheduling Estimates (Subject to Change):
Power Steering/Hydro-Boost Hose Kits & Fittings: 1-3 weeks.
Non-Power Steering Hose & Fittings: Stock variables apply, call to verify; up to 90 days.
Electric-Hydraulic Brake Accumulators: Batch-manufactured, call to verify; up to an indefinite lead time.
Vacuum Brake Systems & Assemblies: Approximately 45 days.
Hydro-Max Boosters: Approximately 45 days. (Individual components: 1–7 business days if in stock).
Standard/Custom Hydro-Boost Assemblies: 90+ business days.
Air-Hydraulic Brake Systems: 90+ business days.
Specialty/New Engineering Applications & Custom Finishes (Chrome/Powder Coat): 90+ business days.
Wilwood Components (Calipers, Rotors, Pads, Standard Kits): 2-3 weeks.
SECTION 2: SUPPLY CHAIN DISRUPTIONS & FORCE MAJEURE INDEMNITY
2.1 Component Source Contingencies
To preserve the structural and operational safety of the manufactured systems, Seller utilizes premium, brand-new raw components from primary suppliers (Bosch, Wilwood, Aeroquip). Seller’s schedule is structurally dependent on third-party component availability.
2.2 Force Majeure Extensions
In the event of secondary manufacturer backorders, raw material allocation shortages, commercial freight transit interruptions, power grid anomalies, labor disputes, or any secondary industrial disruption beyond the reasonable control of the Seller (Force Majeure), the manufacturing timeline for the Buyer's order shall automatically extend for the duration of the supply chain recovery period. The occurrence of a Force Majeure extension explicitly does not constitute a breach of contract by the Seller, does not render the production timeline "unreasonable," and gives the Buyer zero grounds for unilateral cancellations or transaction disputes.
SECTION 3: FISCAL STRUCTURE & CASH IN ADVANCE (CIA) MATERIAL CAPITALIZATION
3.1 Immediate Capital Allocation
All online and telephone transactions operate under strict Cash in Advance (CIA) parameters. Buyer explicitly understands and agrees that the moment a transaction is initiated, the order is locked into an active production batch, and the associated capital is immediately deployed to purchase, reserve, and allocate high-ticket raw materials.
3.2 Sunk Material Status
Because the transaction triggers immediate material consumption and custom layout engineering, the contract is legally and financially recognized as actively in progress from the calendar date of payment processing. Pursuant to UCC § 2-704, once raw components have been allocated or engineering layout has commenced on a Buyer's build file, the contract cannot be unilaterally canceled or paused by the Buyer without written consent from the Seller.
SECTION 4: COMPLIANT CANCELLATION PROTOCOLS & LIQUIDATED DAMAGES
4.1 Liquidated Damages and Administrative Fees
Buyer has the right to submit a formal request to cancel an order via email (sales@sweetingperformance.com). Cancellation requests are evaluated strictly at the Seller's sole operational discretion based on manufacturing progress. If a cancellation request is approved mid-cycle prior to shipping, Buyer agrees that Seller will sustain immediate damages (credit card processing fees, digital gateway charges, administrative time, and inventory allocation costs) that are difficult to estimate precisely. Therefore, Buyer agrees to pay a fixed Liquidated Damages fee equal to 5% of the gross order total, which will be permanently withheld from the refund amount. This fee is not a penalty, but an agreed-upon recovery cost for administrative and transactional overhead.
4.2 Partial Fulfillment Protocols
Seller reserves the right to fulfill orders via staggered, multiple package shipments (e.g., dispatching vehicle-specific plumbing lines, brackets, or standard accessories ahead of custom-machined booster systems to assist the Buyer's long-term assembly planning). The receipt of a partial shipment confirms active contract execution and explicitly bars the Buyer from declaring the order incomplete or unfulfilled.
SECTION 5: SHIPPING, DELIVERY INDEMNITY, & UCC INSPECTION TIMELINES
5.1 Transfer of Liability
All shipments are dispatched via UPS or USPS. Pursuant to UCC § 2-401, once a package is scanned as "Delivered" by the tracking ledger of the respective carrier, all risk of loss, ownership, and physical liability transfers entirely to the Buyer. Seller is not liable for residential package theft, porch piracy, or weather damage occurring post-delivery.
5.2 Mandatory UCC Inspection and Acceptance Window
Pursuant to UCC § 2-513, Buyer is granted a period of seven (7) calendar days following the verified carrier delivery date to physically inspect the shipment for completeness, shipping damage, or manufacturing defects. If Buyer fails to notify Seller in writing of any discrepancies or defects within this 7-day window, the goods shall be legally deemed conclusively accepted by the Buyer. This formal acceptance bars the Buyer from later claiming the shipment was incomplete, missing components, or defective in merchant disputes.
5.3 Refused Deliveries & Delivery Point Failures
Refusing a package at the point of delivery does not cancel the contract. Refused orders returned to our shop are subject to a 15% restocking, handling, and disposition fee, with any remaining balance issued strictly as an internal shop credit.
SECTION 6: INTEGRATED PACKAGING INSERTS & THE ONE-PAGE COVER SHEET VALIDATION
6.1 Verified Shipment Manifest
To protect against post-delivery shortage claims, component omission scams, or unverified bank disputes, all custom assemblies and hose kits undergo a standard physical inventory check at the assembly bench prior to sealing. Components, fittings, brackets, and hardware lines are verified against the order file, itemized, and checked off directly on the physical invoice or packing slip included inside the shipping container.
6.2 Precedence of Checked Manifest
Buyer agrees that the presence of the Seller’s checked packing slip or invoice within the shipping container serves as the primary operational record confirming a complete, itemized, and undamaged kit delivery. This verified manifest serves as conclusive evidence to defend against unsubstantiated merchant disputes or subsequent claims regarding "missing items."
SECTION 7: TECHNICAL COMPETENCY EXPECTATIONS & SYSTEM INDEMNITY
7.1 Advanced Mechanical Grade & Assumption of Risk
Sweeting Performance products are highly technical engineering assemblies, not standard automotive retail components. Successful integration requires a medium to advanced mechanical skillset. Execution may require complex vehicle modification, including but not limited to: re-flaring hard brake lines, precision firewall drilling, custom linkage adjustment, high-pressure hose assembly, and advanced multi-stage hydraulic system bleeding. Seller is not responsible for the technical capabilities, mistakes, or installation errors of the Buyer or their chosen third-party installer. Buyer assumes all risks associated with the field modification of their vehicle's braking systems.
7.2 Cross-Mating Restrictions and System Failures
Seller engineers its systems based on the precise vehicle parameters provided by the Buyer at checkout. Seller accepts zero liability or fitment responsibility for conflicts arising from undisclosed vehicle modifications, mismatched engine swaps, incomplete vehicle-side components, or instances where the buyer attempts to cross-mate our precision assemblies with used, low-grade, or universal components sourced from alternative third-party vendors.
7.3 Liability Limitation & Indemnity Caps
Pursuant to California Civil Code provisions, Seller’s financial and legal liability shall never under any circumstances exceed the exact, itemized purchase price of the specific component sold. Seller assumes zero bumper-to-bumper liability for the host vehicle, and is not responsible for secondary labor costs, mechanical shop diagnostic times, vehicle towing fees, storage fees, loss of vehicle use, loss of time, or personal injuries/property damage resulting from improper field installation or modified vehicle operations.
SECTION 8: DIGITAL EXTORTION, DEFAMATION, & RIGHT OF CONTEXTUAL REPLY
8.1 Digital Extortion Prohibitions
The Buyer explicitly agrees to conduct all commercial communication in a professional, civil manner. Using threats of negative digital feedback, forum postings, Google reviews, or social media campaigns to extort financial discounts, skip the manufacturing queue, bypass established lead times, or force unauthorized cancellations is strictly prohibited and constitutes commercial extortion.
8.2 Waiver of Privacy Rights for Contextual Reply
If Buyer publishes false, misleading, defamatory, or heavily omitted narratives regarding the Seller on public internet forums, social media channels, or review sites, Buyer explicitly waives their privacy rights regarding their transaction history, build specifications, and communication logs. Seller reserves the absolute right to publish an unedited, data-driven public reply containing the exact timeline facts, order timestamps, checkbox agreements, email interactions, and double-signed packing manifests to correct the record and protect its reputation from digital defamation.
SECTION 9: THE "BINARY CHOICE" WARRANTY MATRICES & FRAUD CONTROL
9.1 Diagnostic Prerequisite
Prior to any return or repair authorization, Buyer must engage in technical phone or email troubleshooting with Seller's support floor. Most performance anomalies (hard pedal, slow return) are caused by incorrect system bleeding, improper rod geometry, or a failing power steering pump—not the brake unit itself.
9.2 The Binary Choice Rule
The Buyer will not retain both the physical product and the financial capital. If a return or refund is authorized following a diagnostic review, no funds will process until the complete system has been returned prepaid to our shop and verified.
9.3 Condition Requirements for Returns
Items must be returned in brand-new, uninstalled, and pristine resale condition. Any component showing evidence of tool marks, fluid contamination, field modification, thread damage, or improper return packaging will be permanently disqualified from refund consideration. Returned assemblies undergo technical inspection and structural validation lasting 7 to 10 business days from receipt at our facility before a credit layout can be processed.
9.4 Fraudulent Return Protection & Serial Number Logging
All major Bosch castings, Wilwood modules, and custom brackets are logged via factory serial numbers to the specific Buyer invoice and marked with internal, tamper-evident indicators prior to shipment. Attempting to return an old, used, core-swapped, or alternative brand component under a Sweeting Performance invoice constitutes commercial fraud. Discovered fraud will be fully documented and reported to the Buyer's local police jurisdiction and merchant bank. Seller will retain the fraudulent core swap as evidence; it will not be returned or refunded.
SECTION 10: DEBT ACCELERATION, FEES, COLLECTIONS & VENUE SELECTION
10.1 Express Debt Acceleration Clause
In the event that a Buyer files a credit card chargeback or payment dispute that results in the temporary or permanent removal of funds from Seller's merchant account while Buyer retains physical possession of the shipped goods, the outstanding transaction balance shall instantly convert into an accelerated cash debt due and payable directly to the Seller.
10.2 Collection Fee-Shifting Provision
In the event that Seller places this accelerated cash debt with a third-party collection agency or legal counsel for recovery, Buyer explicitly agrees to pay all collection fees, agency commissions, court costs, and reasonable attorney fees incurred by the Seller. Buyer acknowledges and agrees that third-party collection agency commissions (up to 50% of the principal balance) shall be added directly to the outstanding debt amount collected from the Buyer.
10.3 Communications Consent
Buyer explicitly consents to receive collections-related communications from Seller or its designated third-party collection representatives via any and all channels currently in existence or hereafter created, including but not limited to telephone, email, SMS text messaging, and physical mail.
10.4 Governing Law & Legal Venue
This contract is governed strictly by the laws of the State of California, without regard to conflict of law principles. Any legal action, dispute, mediation, or litigation arising from a transaction with Sweeting Performance must be filed and heard exclusively in the state or federal courts located in Orange County, California. The Buyer explicitly waives all rights to seek alternative jurisdictional venues or out-of-state filings.
10.5 Severability Clause
If any section, clause, sentence, or provision of these Terms of Service is determined by a court of law or financial processor to be invalid, illegal, or unenforceable, that specific element shall be severed from the text, and the remaining sections shall continue to operate with full, unbroken legal force and effect.
SECTION 11: ANNUAL SCHEDULED MAINTENANCE CLOSURES
Our e-commerce portal accepts and registers custom orders 24/7/365. However, our physical manufacturing floor, assembly benches, and technical support lines are completely offline during the following standard maintenance windows. Production timelines adjust dynamically around these breaks:
April 1st through April 15th
June 10th through June 13th
July 1st through July 5th
November 25th through November 29th
December 24th through January 1st
PRIVACY POLICY
Your data security is paramount. Sweeting Performance collects your Name, Shipping/Billing Address, Email, Phone Number, Credit/Debit metadata, and specific Vehicle Details strictly to process your transaction, engineer your custom application safely, and provide historical technical support over the operating life of your vehicle.
We do not sell, lease, rent, or distribute your personal details to third-party data brokers or marketing networks. All information is guarded within secure, encrypted internal business databases to prevent unauthorized access.