TERMS AND CONDITIONS OF SALE
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.