Problem with IMS Pro Series Footpegs

I got my new footpegs in the mail today and went to replace the stock ones but discovered the metal tab for the folding limit completely misses the footpeg bracket and instead the footpeg will hit the bracket bolt or the rear brake lever :( 

I'm kind of reluctant to use them if theyre going to break my brake lever...

has anyone had this problem, did you return it or try to fix it?

I had drc pegs, they hit the same way, its posible to grind enough off the corner of the peg so it wont hit the brake lever at all, thats what I did.
The other sides not an issue who cares if the foot peg bracket bolt gets marked up a bit by the tab on the foot peg.

I now have used pegs off my old gasgas, they hit but not as bad, the brake side hits the bolt that goes through the brake lever so im not worried about it. On the shifter side I had to add a bit of weld to the tab on the foot peg to make it bigger, it slid past the foot peg bracket bolt and stuck in the up position after I cliped a rock in a race lol.