- The product(s) purchased pursuant to this invoice is a motorized vehicle and is covered by the Manufactures Statement of Origin and subject to registration/licensing in customer’s state and the payment of sales tax by customer at the time of registration/licensing.
- Delivery times are 90-120 days from the date of order.
- Orders cannot be canceled or refunded prior to the end of the 90 day period, as all Motopeds are built to order.
- All deposits are non-refundable.
- Parts: Up to 14 Days with receipt, items returnable for store credit or refund of purchase price, will incur restocking fee of 20%.
- Customer is responsible for return shipping expenses.
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THESE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCT(S) DESCRIBED IN MOTOPED’S INVOICE, AND/OR OTHER MOTOPED DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND MOTOPED HAVE SIGNED A SUBSEQUENT AGREEMENT, IN WHICH CASE THE SEPARATE SUBSEQUENT AGREEMENT WILL GOVERN.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale constitute a binding contract between Customer and Motoped. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Motoped’s Website (the “Site”). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order and sale in question.
These Terms and Conditions of Sale constitute the entire agreement between Customer and Motoped relating to the Terms and Conditions of Sale of products on the Site. Customer consents to receiving electronic records, which may be provided via any electronic medium.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void supplied by Motoped. Customer agrees that the Terms and Conditions of Sale contained herein and in Motoped’s invoice or other documentation supplied by Motoped will control. No course of prior dealings between the parties, and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, “Customer” means the person or entity that purchases, places an order or otherwise shops at Motoped’s website.
CHOICE OF LAW AND FORUM
These Terms and Conditions of sale and any claims against Motoped shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale, or Customer’s use of Motoped’s site, or customers purchase and use of the product(s) shall be subject to Mandatory Arbitration under the rules of the America Arbitration Association and be pursued only in the State of Missouri, in a County where Motoped is located. Customer further agrees and submits to the, exercise of personal jurisdiction of such Arbitration for the purpose of any claim or action. Customer expressly waives a jury trial for any and all claims.
SHIPMENTS; RISK OF LOSS
When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is compliant with the shipping restrictions contained on Motoped’s website. All purchases from Motoped’s website are made pursuant to a shipment contract. As a result of such contract, risk of loss and title for items purchased from Motope’s website pass to Customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. Motoped retains a security interest in the product(s), regardless of the location of the product(s), until payment in full is received. Customer will be responsible for all shipping and related charges.
If this transaction involves an export under any export regulation, including, but not limited to, the Export Administration Regulations, the product(s) sold or distributed under these Terms and Conditions of Sale exported from the United States by Motoped were exported in accordance with any applicable export regulation, and specifically the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. In addition, manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.
Customer understands that Motoped is the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements; specifications in printed materials, the internet and brochures; photographs or other illustrations representing the products that may be provided by Motoped. MOTOPED AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY ANY THIRD PARTIES OR AFFILIATES OF MOTOPED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
LIMITATION OF LIABILITY
IN NO EVENT WILL MOTOPED OR ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOTOPED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MOTOPED’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER MOTOPED NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER MOTOPED NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
Motoped will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency and any other and all such delays in delivery.
MOTORIZED BICYCLES CAN BE DANGEROUS! Motoped has no control over the usage of any part or product after sale and delivery. Customer shall read and comply with all safety instructions in the documentation for each product. Customer shall exercise good judgment as to the proper selection; customer assembly, if any; operation; use; and maintenance of any product or part purchased from Motoped.
Customer agrees to defend, indemnify, and hold harmless Motoped and its affiliates, or their respective shareholders, directors, officers, employees, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney’s fees, that arise from Customer’s: (a). breach of these Terms and Conditions of Sale; (b). use of any products purchased from Motoped. Motoped reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Motoped in asserting any available defenses.
PRICING INFORMATION; AVAILABILITY DISCLAIMER
All pricing is subject to change. Motoped reserves the right to make adjustments to pricing and product offerings for any reason, including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Motoped cannot guarantee that it will be able to fulfill Customer’s orders at a specific time.
ACCOUNTS AND PASSWORDS
Customer is responsible for maintaining the confidentiality of Customer’s account information and password and for restricting access to such information and Customer’s computer. Customer agrees to accept responsibility for all activities that occur under Customer’s account or password.
ORDERS; PAYMENT TERMS; INTEREST; TAXES
Orders are not binding upon Motoped until accepted by Motoped. Motoped reserves the right to refuse service and products to anyone. Terms of payment are within Motoped’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Motoped may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Motoped harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide to Motoped the necessary supporting documentation for any such exemption. Any sales, use or other applicable tax or fees or assessments stemming from the sale of products by Motoped are the responsibility of the purchaser. The product(s) purchased pursuant to this sale is a motorized vehicle and is covered by the Manufactures Statement of Origin which Motoped supplies to purchaser, and is subject to registration/licensing in customer’s state and the payment of sales tax by customer at the time of registration/licensing. In the event of a payment default, Customer will be responsible for all of Motoped costs of collection, including expenses, court costs, filing fees, attorney’s fees, and any arbitration fees or cost.
If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against Motoped unless Customer complies with Motoped‘s policy on returns and exchanges.