Electronic Communications

When you visit E&S Performance or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Canceling or Changing an Order

In order to maintain efficiency and performance with our order process, we are not able to guarantee that an order can be changed or canceled once it has been submitted to one of our warehouses for processing. If you would like to cancel or change an order, please contact our inside sales team immediately at 855-384-2590, Monday through Friday 8:00 AM to 6:00 PM.

Our warehouse works on the weekends and some orders are processed and put on a truck ready for shipment on Monday. These orders cannot be changed or canceled.

Once an order has been processed, the only option is to request a return. See our return policy for the details or contact our inside sales team.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of E&S Performance or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of E&S Performance and protected by U.S. and international copyright laws. All software used on this site is the property of E&S Performance or its software suppliers and protected by United States and international copyright laws.

License and Site Access

E&S Performance grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of E&S Performance. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of E&S Performance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of E&S Performance without express written consent. You may not use any Meta tags or any other "hidden text" utilizing E&S Performance's name or trademarks without the express written consent of E&S Performance. Any unauthorized use terminates the permission or license granted by E&S Performance. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of E&S Performance so long as the link does not portray E&S Performance or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any E&S Performance logo or other proprietary graphic or trademark as part of the link without express written permission.

My Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use E&S Performance only with involvement of a parent or guardian. E&S Performance reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post comments, send other communications, and submit suggestions, ideas, comments, questions, or other information, so long as this content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

Copyright Complaints

E&S Performance respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

Product Descriptions

E&S Performance attempts to be as accurate as possible. However, E&S Performance does not warrant that product descriptions or other contents of this site are accurate, complete, reliable, current, or error-free. If you purchased a product from E&S Performance and if is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

With respect to items sold by E&S Performance, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has been shipped and invoiced. Despite our best efforts, a small number of the items in our catalog may be mispriced.

We reserve the right to correct any errors in pricing, copy, manufacturer's photos and/or illustrations. We also reserve the right to no sell an item due to incorrect pricing.

Please note that this policy applies only to products sold and shipped by E&S Performance

Price Reductions

If the price of the product you ordered has recently decreased, E&S Performance will issue credit for the difference if the invoice date is within 7 days. Weekly Markdown and Clearance items are excluded from Price Reduction credits. You must contact the E&S Performance customer service department at 855-384-2590 for the credit to be issued.

Price Matching

E&S Performance does not price-match with other retailers, including those who sell their items on our Web site. We do, however, consistently work toward maintaining competitive prices on everything we carry.

Bulk Discounts

E&S Performance will offer a reduced price for items purchased in bulk. The discount varies based on the number of items. Please contact our customer service department by calling on sending an email through the Contact Us form.

Surcharges

Oversized and extremely heavy items may incur a special shipping & delivery surcharge. The surcharge varies depending on the size and weight of the item. This charge will incur even when a Free Freight program is offered. These charges are typically for additional delivery requirements such as inside delivery or lift gate services.

Promotional Discounts and Coupon Codes

To redeem a coupon-code promotion, orders must be placed through our public catalog on E&S Performance. Payment for orders on which a coupon-code is redeemed must be made with a valid credit card. All public discounts and promotions exclude all products not in the public catalog. Offers are not valid with any other promotion or coupon code unless explicitly stated. Price adjustments for items recently promoted or discounted are available by request for merchandise that was purchased within 7 days of the current advertised promotion. Clearance and Weekly Markdown items are excluded from Price adjustment credits. Please contact Customer Service at 855-384-2590 with your order details. Online offers are not valid at E&S Performance store locations or for customers with contract pricing. No rain-checks. No substitutions. Online discounts apply prior to tax, shipping and processing fees.

Disclaimer of Warranties and Limitation of Liability

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.

Applicable Law

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.

Disputes

Any dispute relating in any way to your visit to E&S Performance or to products or services sold or distributed by E&S Performance or through E&S Performance in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Franklin County, Ohio, and you consent to exclusive jurisdiction and venue in such courts.

Site Policies, Modification, and Severability

Please review our other policies, such as our shipping and return policies posted on this site. These policies also govern your visit to E&S Performance. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

The E&S Performance Company
477 S. Front St.
Columbus, Ohio 43215

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide E&S Performance's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying E&S Performance that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon
  • A description of where the material that you claim is infringing is located on the site, including the item number, if applicable
  • Your address, telephone number, and email address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

E&S Performance's Copyright Agent for notice of claims of copyright infringement on its website can be reached at the following address: copyrightagent@wasserstrom.com