For Those Who Use Impact Racing Safety Products

[The Big Al]

March 26, 2010 - NOTICE OF DECERTIFICATION; NOTICE TO CEASE AND DESIST AND TERMINATION OF ALL CONTRACTS OF PARTICIPATION ISSUED TO IMPACT RACING

SFI Foundation, Inc., has issued a Notice of Decertification; Notice of Cease and Desist, and a notice terminating all Contracts of Participation to Impact Racing. Effective April 27, 2010, all products manufactured and/or distributed by Impact Racing pursuant to SFI Specification Programs 3.2A, 3.3, 16.1, and 16.5 are decertified. Evidence obtained by SFI shows that over a period of years Impact Racing has engaged in the production and use of counterfeit SFI conformance labels and patches, and affixed them to Impact products for use in motorsports. Under the Contracts of Participation between SFI and Impact, SFI conformance labels and patches may only be obtained from SFI and no other source. Evidence shows that Impact had counterfeit SFI labels and patches made in Asia and then affixed them to Impact products it distributed to members of the racing community. To SFIÔÇÖs knowledge, Impact never advised its customers that its products contained phony SFI labels and patches. Impact never advised SFI of its systematic and longstanding practice of counterfeiting and distributing SFI patches and labeling.

Impact has been directed to cease and desist from this practice. SFI has directed Impact to immediately notify all affected customers to remove the counterfeit labeling and to offer the affected customers a full refund of the purchase price. SFI is requesting that all counterfeit conformance labels removed from Impact products be sent to SFI.

SFI has elected not to decertify these products immediately in order to minimize the potential hardships to members of the racing community that have been brought about by ImpactÔÇÖs counterfeiting activities.

SFI has also elected to terminate all Contracts of Participation with Impact Racing effective 90 days from March 24, 2010. Under the terms of the Contracts, either party may terminate the agreements without penalty upon 90 days notice. This means that Impact will no longer be able to participate in any SFI programs after this 90 day period.

SFI has taken these actions in the best interests of the safety and integrity of the racing community. This is in keeping with SFIÔÇÖs mission and purpose.

For a downloadable .pdf of this notice, please click on the following link: Decertification Notice 03-26-10.

[slowgreen99]

holy hell! Thats crazy

[The Big Al]

By Jim Utter - jutter@charlotteobserver.com
MARTINSVILLE, Va. – SFI Foundation Inc., the non-profit organization established to administer safety standards for automotive and racing equipment, announced Friday it was decertifying all products manufactured and/or distributed by Impact Racing.

Many teams in NASCAR utilize safety equipment from Impact, including Kevin Harvick Inc., and drivers Kyle Busch, David Reutimann and Trevor Bayne, among others. IndyCar series and NHRA teams also utilize many of the company’s products.

NASCAR became affiliated with SFI Foundation in 2003 and began using its testing services and quality assurances for safety products used in its three national series – the Sprint Cup, Nationwide and Truck series.

NASCAR issued a statement late Friday that said in part, “This is a matter now in the legal system, which we are monitoring.”

Impact was founded by Bill Simpson, a pioneer in the racing safety business who formerly headed Simpson Performance Products. He left that company after the controversy surrounding the Dale Earnhardt's death in a 2001 crash late in teh Daytona 500.

In Friday’s release, SFI Foundation said all Impact products would be decertified as of April 27.

“Evidence obtained by SFI shows that over a period of years Impact Racing has engaged in the production and use of counterfeit SFI conformance labels and patches and affixed them to Impact products for use in motorsports,” the statement said.

Officials at Impact’s headquarters in Brownsburg, Ind., did not immediately respond to a request for comment



Read more: http://www.newsobserver.com/2010/03/...#ixzz0jOT0ibao

[The Big Al]

From: Bob Peele @ Impact Racing
Sent: Monday, March 29, 2010 12:42 PM

Subject: IMPACT's SFI Statment - March 29th 2010

Impact Racing would like to respond to the statement on March 26, 2010 by SFI regarding their intention to decertify all SFI labeled Impact Racing products. All SFI labeled products currently being sold by Impact Racing have current SFI certification and legally obtained labels. The safety of our products has in no way been compromised. The allegation from SFI is in relation to the actual SFI tag only. We suggest at this time to continue to use your equipment, which is safe and has been certified and do not have anyone replace your tags on your products.

On March 26, 2010 the attorneys representing Impact Racing filed an appeal. There is also a hearing in court on April 1, 2010. Impact Racing will keep all of our customers informed as details unfold.

We are not accepting returns or refunds on delivered products. We suggest at this time to wait until further notice until we learn more about the details and allegations.

A formal press release will follow shortly.

[The Big Al]

Impact Racing, LLC and SFI Foundation, Inc., in the litigation pending in the United States District Court for the Southern District of Indiana, have agreed that:

1. Impact Racing, LLC has provided sworn testimony that, upon review and investigation, no counterfeit SFI Conformance Labels have been used on Impact Racing products during the production years of 2009 and 2010.

2. Impact Racing, LLC has provided sworn testimony that, upon review and investigation, all Impact Racing products manufactured and sold during the production years 2009 and 2010 meet SFI specifications.

3. Based upon this sworn testimony, the decertification against Impact Racing products for the production years 2009 and 2010 is lifted. The decertification of the production years prior to 2009 and 2010 remains in effect. The parties will continue to work cooperatively in an effort to resolve the issues relating to decertification in these years.

4. Impact Racing stands behind the safety of all products it has manufactured and to which SFI Conformance Labels have been affixed. SFI will continue to monitor compliance with product specifications.

5. Impact Racing, LLC and SFI Foundation, Inc. will cooperate in determining whether any Impact Racing product bears a counterfeit SFI Conformance Label and if any safety issue exists in regard to products manufactured prior to 2009 and 2010.

6. If any Impact Racing product does not bear the date of manufacture the purchaser or user is instructed to immediately contact Impact Racing who will provide verification of the date of manufacture. Impact Racing, LLC will immediately notify SFI Foundation, Inc. of this occurrence. Impact Racing, LLC and SFI Foundation, Inc. will work with the sanctioning bodies to determine the best method for product users to present verification of the date of manufacture.