Terms-Conditions

1. Introduction

Welcome to HMT Performance. These Terms and Conditions (“Terms”) govern your use of our website, services, and facilities—including all high performance engine building, custom engine design, and engine machining and assembly in St. Louis, MO. By accessing our site, submitting an order, or otherwise engaging with our team, you agree to abide by these Terms in their entirety. If you do not accept these Terms, please discontinue use of our site and services immediately. We reserve the right to update, modify, or replace any part of these Terms at any time; changes become effective upon posting to our website. It is your responsibility to review this page periodically for updates, as continued use after any modifications constitutes acceptance of the revised Terms.

2. Pricing, Invoicing, and Payment Terms

All prices quoted are valid for thirty (30) days from the date of issuance, unless otherwise specified in writing. To secure your project slot, we require a non‑refundable deposit equal to fifty percent (50%) of the quoted amount, due upon order confirmation. The remaining balance becomes due upon completion of Services, prior to engine delivery, shipment, or pick up. We accept payments via credit card, ACH transfer, or certified check. Overdue invoices will incur interest at a rate of 1.5% per month compounded monthly, and HMT Performance reserves the right to suspend or halt work until all outstanding balances are fully settled.

3. Service Performance, Delivery, and Risk of Loss

HMT Performance commits to performing all Services in a professional manner, consistent with industry standards and, experienced personnel. While we strive to meet estimated completion dates, any timelines provided are approximate and may be extended due to parts availability, custom fabrication needs, or unforeseen operational delays. Upon notification of completion, Clients are responsible for arranging pickup or delivery within ten (10) business days; risk of loss or damage during transit transfers to you upon handoff to the chosen carrier or at the moment of in‑person collection. HMT Performance bears no liability for any damage, delay, or loss incurred once the Services are released to transit.

4. Cancellations, Changes, and Refunds

Clients may request cancellations or suspensions of Services in writing at any time prior to machining commencement. Cancellations received before any machining or assembly work begins will be subject to a fee equal to the non‑refundable deposit. Once any machining or hands‑on work has started, all payments cover labor and materials already expended and are non‑refundable. Requests for scope changes—such as alternative parts, revised performance targets, or additional testing—must be submitted in writing and may result in revised pricing and adjusted timelines. Completed Services deemed in compliance with the agreed specifications are not eligible for refunds.

5. Workmanship Warranty and Disclaimer of Other Warranties

HMT Performance warrants that all workmanship under this Agreement and will conform to the agreed specifications and meet industry‑standard quality for a period of six (6) months or one thousand (1,000) miles of use on OE stock rebuilds, whichever occurs first. This warranty applies exclusively to defects arising from our workmanship or machining processes. Damage resulting from misuse, abuse, lack of proper maintenance, unauthorized modifications, parts failure or normal wear and tear is expressly excluded. All implied warranties, including merchantability and fitness for a particular purpose, are disclaimed to the fullest extent permitted by law. Our sole obligation under this warranty is the repair or replacement of defective work at no additional labor charge. All high performance engine builds will have no warranty due to the nature of the application.

6. Confidentiality

Both parties agree to maintain the confidentiality of all non‑public information disclosed during the term of this Agreement and for a period of two (2) years thereafter. “Confidential Information” includes trade secrets, performance data, price lists, customer lists, and any proprietary methods or processes. Confidential Information may be used only to fulfill obligations under this Agreement and must be protected with the same degree of care used to safeguard one’s own confidential materials. Upon termination of the Agreement, each party must return or destroy all Confidential Information of the other, unless retention is required by law.

7. Limitation of Liability

To the maximum extent permitted by applicable law, HMT Performance’s total aggregate liability arising from or related to these Terms or its Services shall not exceed the total fees paid by the Client for those specific Services during the twelve (12) month period preceding the event giving rise to the claim. Under no circumstances shall HMT Performance be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless HMT Performance, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your negligence or willful misconduct; (c) violation of any applicable law or regulation; or (d) any third‑party claim related to your use of the Services.

9. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement due to events beyond its reasonable control, including acts of God, natural disasters, government regulations or orders, strikes or labor disputes, supply chain disruptions, or pandemics. The affected party shall promptly notify the other in writing of the force majeure event and shall use commercially reasonable efforts to mitigate its impact and resume performance as soon as practicable.

10. Termination

Either party may terminate this Agreement for a material breach by the other if such breach is not cured within thirty (30) days after receipt of written notice detailing the nature of the breach. Upon termination, the Client shall pay for all Services performed and expenses incurred up to the termination date. Provisions related to confidentiality, intellectual property rights, limitation of liability, indemnification, and governing law shall survive termination.

11. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict‑of‑law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in St. Louis County, Missouri. Both parties consent to personal jurisdiction and venue in those courts and waive any objections to inconvenient forum.

12. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. No waiver by HMT Performance of any breach or default by you shall constitute a waiver of any subsequent breach or default.

13. Entire Agreement

These Terms, together with any order confirmations, change orders, or written agreements issued by HMT Performance, constitute the entire agreement between you and HMT Performance with respect to the subject matter herein and supersede all prior negotiations, discussions, or agreements, whether written or oral.