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INTRODUCTION:
Please read this web page carefully.
It contains the Terms and Conditions governing your access
to and use of the Nitro-motors.com Web Site. If you
do not accept these Terms and Conditions, you may not use
the Site. These Terms and Conditions are effective as
of September 1, 2005.
BINDING AGREEMENT:
These Terms and Conditions, together
with all Exhibits to these Terms and Conditions
(as they may be amended from time to time
by Nitro-motors.com) form a binding agreement
(the "Agreement") between you Nitro-motors.com.
Your access to or use of the Site indicates
your acceptance of these Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS:
The Site and all right, title and
interest in and to the Site is the sole property of Nitro-motors.com
or its licensors, and is protected by U.S. copyright and international
treaties. Except for the limited licenses expressly granted
to you in these Terms and Conditions, Nitro-motors.com
reserves for itself and its licensors all other right, title
and interest. Without limitation on the foregoing, you may
not reproduce, modify, display, sell, or distribute the Content,
or use it in any other way for public or commercial purpose.
This includes copying or adapting the HTML code used to generate
Web pages on the Site. "Nitro-motors.com," the Nitro-motors
design logo and certain other names or logos are service marks
or trademarks of Nitro-motors, and all related product and
service names, design marks and slogans are the service marks
or trademarks of Nitro-motors. In addition, the "look" and
"feel" of the Site (including color combin ations, button
shapes, layout, design and all other graphical elements) are
also protected by Nitro-motors trademarks, service marks
and copyrights. All other product and service marks contained
on the Site are the trademarks of their respective owners.
SHIPPING INSURANCE:
Since all orders are shipped via third party LTL trucking company, we strongly encourage you, as buyer(s) to purchase shipping insurance to protect your investment against lost or damage(s) which may occur during transit. Shipping insurance is 3% of your total sales price. Shipping insurance will protect your vehicle in the event of a lost shipment and a replacement order will be shipped to you immediately with no additional cost. You will also be protected against shipping damage(s), and new replacement part(s) will be shipped to you immediately with no additional cost. Buyer(s) who wish to decline the purchase of shipping insurance may not be protected in an event of a lost of damaged shipment. In the event your vehicle was lost or damaged and you did not purhcase shipping insurance at the time of sale, we will still file a claim with the trucking company on your behalf to recover any loss. However, if insurance was not purchased at the time
of sale, the trucking company may decline your claim. Buyer(s) acknowledges and agrees not to exercise any legal rights to seek damages from Nitro-motors.com or it’s parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf for any lost or damaged vehicles which were not insured. If you receive your vehicle with minor cosmetic damages such as: fairing or plastics, please accept delivery and note damages on the delivery receipt prior to acceptance. Notify us immediately so we can send you replacment parts. If your vehicle sustained structural and frame damages beyond repair, please refuse delivery and contact us immediately so we can prepare to send you a replacement unit. We are partnered with the best LTL trucking companies to ensure you recieve the best service and experience possible. Please understand damage and lost shipments do occur 3% of the time so we encourage all buyer(s) to insure your investments.
LOST OR SHIPPING DAMAGES:
Nitro-motors.com safely packs
and crates all items to assure your items to arrive free of
shipping damages. However in the event you find your product
lost or damaged during shipping, please visit our website
at: www.Nitro-Motors.com
and file a lost or shipping damage claim under “customer service”.
To guarantee eligibility for any lost or shipping
damage cost reimbursements, shipping insurance must be purchased
at the time of initial order. Be sure to purchase shipping
insurance to insure your investment. If your vehicle
was not insured, the trucking company may void any claims.
Please be sure to inspect your package when it arrives. Any
damages must be noted on the delivery receipt and please
notify us by filing a damage claim on our website within 3
days of delivery. Please submit all required and supporting
documents within 3 days. Failure to do so may
void your claim deadline. Please save all original packaging
material in case the shipping company exercise
their right for inspection. Trained and experienced customer
service representatives are on staff to assist and resolve
any shipping claims.
OPERATION, REGISTRATION AND LICENSING:
As buyer, you are responsible for
operating your motor vehicle in accordance with your local
and state laws and ordinances. Each state is different and
have different motor vehicle operating laws. Nitro-motors.com
and it’s employees make no representation that the vehicles
for sale in legal for operation in your city and state. Please
be sure the vehicle you are purchasing is legal for use in
your city and state prior to purchase as all sales are final
and non refundable. If you wish to register your vehicle,
please request your Manufacture's Statement of Origin (aka
MSO / Certificate of Origin), from our website:
www.Nitro-Motors.com
and choose MSO request form under "Customer Service" drop
down menu. Fill out your request and we will process
your request immediately. MSO generally requires 5-7
days to process. Each MSO certificate will be accompanied
by a Bill of Sale and Invoice for registration purposes.
There is a $45 documentation fee to prepare each MSO
certificate. If your state requires your MSO to
be notorized, please indicate on your MSO request form.
There is a $10 fee for each notory. We offer overnight
service for an additional $35. Please note: overnight
service only gaurantees we mail your documents via overnight
service. We do not guarantee your MSO will be prepared
and processed overnight.Not all vehicles on our website
are street legal or registerable in all 50 states. Each
state is different and have different registration requirements.
Be sure to check with your local DMV for registration requirements
prior to purchase.
COLOR:
Nitro-motors.com displays as accurately
as possible the colors of our products shown on our web site.
However, colors may vary depending on your monitor and graphics
may vary slightly due manufacture's updated versions within
the model. Therefore, we cannot guarantee that your monitor’s
display of any color will be accurate nor the graphics to
be exact as pictured.We gurantee that your vehicle will include
all specifications as advertised. Most orders are fulfilled
at your item’s first color choice. Not all items or color
choices may be in stock at the time of shipping. Therefore
we request three color choices and will ship your order according
to your 1st, 2nd and 3rd
color of choice. Please note: shipping either your 2nd or
3rd color choice is considered fullfilling your order
as accurate and true. If you have only 1 color
choice, please note your color request under the "Additional
Comment" section in the check out process and we will process
your order accordingly.
CHANGES, ERRORS AND INACCURACIES:
Nitro-motors.com reserves the right to update or modify these Terms & Conditions at any time without prior notice. Improvements to products may result in unannounced small changes to specifications and external appearance. We strive to list and advertise all text and product information as accurate as possible. However, unforeseen typographical errors, picture errors and inaccurate information on this website may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including order that have already been submitted. If such errors occur, we apologize for any inconvenience.
ASSEMBLY:
All vehicles require some simple assembly. Each vehicle is unique and will have different assembly requirements. Common assemblies include: mounting wheels (nuts and bolts, tires already mounted on wheel), handlebar (nuts and bolts), electrical connection (simple plug in), battery hook up (nuts and screws) and mirrors (screws). Mechanical assemblies such as: motors or carburetors are not required. Our vehicle can be assembled within 30 minutes to 3 hours depending on the vehicle you purchase. Although assembly are simple, we require you have a certified automotive or motorcycle techinician complete your assembly. Certain vechicle may not include detailed assembly instructions or manuals.
SUBMISSIONS:
We welcome your comments regarding
your purchase and product experiences with us to help better
our service to you in the future. However, any comments, feedbacks,
notes, messages, emails, suggestions and ideas sent to Nitro-motors.com
shall remain exclusive property of Nitro-motors.com. We reserve
the right to use, reproduce, disclose, publish and distribute
any material you submit for any purpose whatsoever, without
restriction and without compensating you in any way.
PRIVACY POLICY:
Nitro-motors.com collect, use and protect information about our online guests. We receive and may store any information you enter on our website or give to our website in any way. This is to help improve the personalization of our services to you by providing better products and special offers.
We will not share your information with any vendors, business partners
or other organizations except where required to fulfill your
order. We may disclose certain appropriate information about you to comply with the
law; to protect the rights, property or safety or our website, our users or others.
We recognize the importance of
protecting privacy where children are involved. We do not
knowingly collect personal information from children under
the age of 13. If a child has provided our website with personal
identifiable information, we ask that the parent or guardian
contact us so we can delete the information about the child.
By using this website, you consent to our use of information that
is collected or submitted as described in our online privacy policy. We may
change or add to this privacy policy so we encourage you to review our policies periodically.
SECURITY:
Our website uses Secure Sockets Layering (SSL) to encrypt your personal credit card information before it travel over the internet. SSL Technology is the industry standard to secure online transactions. Because we use SSL, placing orders online on our website is the safest way. We do not even have a record of your complete credit card number when we receive your order online. We only received the first and last four digits for verification purposes.
COPYRIGHT NOTICE:
All content you see and hear on this website including: page headers, images, illustrations, graphics, audio clips, video clips and text are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by Nitro-motors.com. The entire content of this website is copyrighted as collective work under U.S. copyright laws and Nitro-motors.com owns the copyright. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works form the content of this website without the written consent from Nitro-motors.com.
WAIVER OF LIABILITY:
The following Waiver of Liability is a legal and biding contract, executed in the county of San Bernadino in the State of California.
By purchasing any items on this
website, I, as buyer, acknowledge and agree to be above 18
years or age or are the parent of a child under the age of
18 years. I, as buyer, acknowledge and understand that riding
an all-terrain-vehicle (ATV), dirt bike, go kart, motorcycle,
moped, pocket bike and gas scooter is a dangerous activity
that requires strenuous exercise and various degrees of skill
and experience for individual riders. I, as buyer, understand
that these activities can result in serious injury to the
person and damages to property and voluntarily assume any
and all risk associated with loss, damage or injury while
riding the vehicles advertised on our website. I, as buyer,
am aware of the risks, hazards and dangers of personal injury,
death and disability inherent with the specific use of these
vehicles as well as the inherent risks, hazards and dangers
of personal injury and disability increase with inexperienced
riders. I, as buyer, agree to release and forever discharge
Nitro-motors.com or it’s parent company and their agents,
servants, employees, officers, directors, trustees and all
other persons or entities acting on their behalf and the manufacture
from any and all claims, actions, damages, liabilities, cost
or expenses and attorney fees which are related to, arise
out of, or are in any way connected to your participation
or use of these vehicles, use of equipment or property supplied
by Nitro-motors.com or it’s parent company or your presence
upon the premises, whether or not such claims, actions, damages,
liability, cost or expenses are caused by the negligence of
the seller, manufacture or distributor. By this Agreement,
it is my intention as buyer, to surrender and waive any rights
to sue or exercise any legal rights to seek damages from Nitro-motors.com
or it’s parent company and their agents, servants, employees,
officers, directors, trustees and all other persons or entities
acting on their behalf. This Agreement shall be affecting
and binding upon my heirs, agents, personal representatives
and assigns. I, as buyer, hereby certify that I am over the
age of 18 years of age. I, as buyer, have carefully read the
foregoing and acknowledge that I understand and agree to all
the above Terms and Conditions. I have had the opportunity
to ask any and all questions regarding this Agreement and
the affect of the same. I, as buyer, am aware that by purchasing
this item and sending/remitting payment for it/them, I assume
all risk, and waive and release certain substantial rights
that I may have or possess. I, as buyer, therefore release
all liability and waive all rights I may have in regards to
my child’s activities with any items purchased from Nitro-motors.com.
LEGAL STATUS OF PRODUCTS:
I, as buyer, agree to read the user’s manual carefully before operating my vehicle.
I, as buyer, agree to inspect my vehicle to be sure all nuts, bolts and chain are tight and the vehicle is safe
for operations. I, as buyer, agree to wear a helmet and protective gear when riding. I, as buyer, acknowledge that it is my responsibility, to ascertain
and obey all local, state and federal laws in regards to the possession and use of any items purchased from Nitro-motors.com
and it’s parent company. Nitro-motors.com and it’s parent company will not be liable for the misuse of any products purchased from Nitro-motors.com
and it’s parent company or any of it’s distributors or agents. I, as buyer, have read this waiver of liability, assumption
of risk and indemnity agreement, fully understand it’s terms, understand that I, as buyer, am giving up substantial rights
by agreeing to this waiver and have brought it freely and voluntarily without any inducement, assurance or guarantee
being made to me. My purchase is to be considered as a complete an unconditional release of all liability to the greatest extent allowed by law.
ADDITIONAL CLAUSE FOR ONLINE PURHCASES:
All items are brand new sealed in manufacture’s packaging. There are absolutely no refunds or returns allowed
for any items that are assembled, used or fueled for any reason as the vehicle would be considered used. Orders
are processed and shipped within 5 business days from the date of purchase. We will email you your tracking number within 24 hours
from the time your shipment leaves our warehouse so you can track your shipment en route. We use a third party LTL transportation company to
delivery your order. Transit time may take, but not limited from 2-7 business days depending on how far you are from California.
During holiday seasons, transit time may be an additional 3-5 business days. Order may not be cancelled or refused due to extended transit schedules.
Order may be cancelled only if we are unable to fulfill and ship your order within 5 business days. You may also cancel your order if your item has not
been shipped. However you will be charged a 6% merchant cost to reimburse us for the third party merchant fee. All cancel order must be submitted with a Cancellation
Request Form. Once your order ships, you may not cancel your order. If you refuse to accept a delivery for a shipment,
you agree to pay all shipping costs to and from and a 30% restocking fee. All sales are final. Refunds and returns are allowed
upon mutal agreement of both parties.
ENFORCEMENT OF TERMS & CONDITIONS:
By accessing and purchasing any
items on our Nitro-motors.com website, you are subject to
our Terms & Agreement as mentioned above as well as all
applicable laws, as governed and interpreted pursuant to the
law of the State of California, United States of America.
All orders and sales contract purchased with Nitro-Motors.com
are signed at 1050 Stanford Ave #111 Los Angeles, CA 90021 in Los
Angeles County, in the state of California.
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