PLEASE READ
THESE TERMS AND CONDITIONS OF SALE
VERY CAREFULLY.
THE TERMS
AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR
DIFFERENT TERMS IN ANY FORMS 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 PRODUCTS DESCRIBED IN RAGEMOTO PERFORMANCE’S INVOICE OR OTHER
RAGEMOTO PERFORMANCE DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS
THESE TERMS AND CONDITIONS OF SALE
UNLESS CUSTOMER AND RAGEMOTO PERFORMANCE HAVE SIGNED A SEPARATE AGREEMENT, IN
WHICH CASE THE SEPARATE 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 RageMoto Performance. Customer accepts these Terms and Conditions
of Sale by making a purchase, placing an order or otherwise shopping on
RageMoto Performance’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 in question.
These Terms and
Conditions of Sale constitute the entire agreement between Customer and
RageMoto Performance relating to the Terms and Conditions of Sale of products
on the Site. Customer consents to receiving electronic records, which may be
provided via a Web browser or e-mail application connected to the Internet.
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. Customer agrees that the Terms and Conditions of Sale contained
herein and in RageMoto Performance’s invoice or other documentation 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 RageMoto Performance’s
website.
CHOICE OF
LAW AND FORUM
These Terms and Conditions of Sale shall be governed by and construed in
accordance with the laws of the State of New
Hampshire, 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 this site shall be filed only in the state or federal courts
located in the State of New Hampshire, and Customer further agrees and submit
to the exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
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 this website. All purchases from this
website are made pursuant to a shipment contract. As a result, risk of loss and
title for items purchased from this 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. RageMoto Performance retains a
security interest in the products until payment in full is received. Customer
will be responsible for all shipping and related charges.
EXPORT SALES
If this transaction involves an export under the
Export Administration Regulations, the products sold or distributed under these
Terms and Conditions of Sale exported from the United States by RageMoto
Performance were exported in accordance with 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.
WARRANTIES
Customer understands that RageMoto Performance is not the manufacturer of the
products purchased by Customer hereunder and the only warranties offered are
those of the manufacturer, not RageMoto Performance. 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
brochures, photographs or other illustrations representing the products that
may be provided by RageMoto Performance. RAGEMOTO PERFORMANCE AND ITS AFFILIATES
HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO
PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF RAGEMOTO PERFORMANCE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE
TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
LIMITATION
OF LIABILITY
IN NO EVENT WILL RAGEMOTO PERFORMANCE OR ITS AFFILIATES, OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, 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 RAGEMOTO PERFORMANCE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, RAGEMOTO PERFORMANCE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER RAGEMOTO PERFORMANCE 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
RAGEMOTO PERFORMANCE 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.
RageMoto
Performance 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.
SAFETY
Motorcycles can be dangerous. RageMoto Performance has no control over the
usage of any part or product. Customer shall read and comply with all safety
instructions in the documentation for each product, and to exercise good
judgment as to the proper selection, installation, use and maintenance of any
part.
INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless RageMoto Performance
and its affiliates, or their respective officers, directors, employees,
shareholders, 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 on RageMoto
Performance’s website. RageMoto Performance reserves the right, at it 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 RageMoto Performance in asserting any available defenses.
PRICING
INFORMATION; AVAILABILITY DISCLAIMER
All pricing is subject to change. RageMoto Performance reserves the right to
make adjustments to pricing and product offerings for reasons 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, RageMoto Performance
cannot guarantee that it will be able to fulfill Customer's orders.
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 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 RageMoto Performance until accepted by RageMoto
Performance. RageMoto Performance reserves the right to refuse service to
anyone. Terms of payment are within RageMoto Performance’s sole discretion.
Invoices are due and payable within the time period specified on the invoice,
measured from the date of invoice. RageMoto Performance 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
RageMoto Performance 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 the necessary supporting documentation. Any sales, use or
other applicable tax or fees or assessments is based on the location to which
the order is shipped. In the event of a payment default, Customer will be
responsible for all of RageMoto Performance’s costs of collection, including
court costs, filing fees and attorney's fees.
SEVERABILITY
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.
RETURN
PRIVILEGES
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 us unless Customer complies with RageMoto Performance’s
policy on returns and exchanges, which can be viewed in the Returns Link.
