Terms & Conditions
1.GOVERNING TERMS AND CONDITIONS – These terms and conditions represent the final and complete agreement of the parties, and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Our Company unless made in writing and signed and approved by an officer or another authorized person at Our Company. No modification of any of these terms shall be made regarding Our Company’s shipment of goods following receipt of the Buyer’s purchase order, a shipping request, or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause, or provision is declared to be invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause, or provision herein contained.
2. ACCEPTANCE OF ORDERS – All orders are subject to written price verification by authorized personnel from Our Company unless prices are designated in writing to be fixed for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
3. SUBSTITUTION – Our company reserves the right, without prior notification, to substitute an alternative product of like kind, quality, and function for any product in any order. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the Buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with Our Company.
4. PRICE – Prices quoted, including any transportation charges, are valid for ten (10) days unless designated as fixed for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of Our Shop. A price designated as fixed for a specific period may be revoked by Our Company if the revocation is made in writing and is mailed to the Buyer prior to the time that a written acceptance of the price is received by Our Shop. All prices and deliveries are F.O.B. shipping point. Our Company reserves the right to cancel orders in the event that selling prices which are lower than prices quoted are established by government regulations.
5. TRANSPORTATION – Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. In either case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.
6. PACKING – Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading, or bracing requested by the Buyer will be paid for by the Buyer. All costs of packing and shipment for the Buyer’s special equipment shall be paid for by the Buyer.
7. PAYMENT TERMS – Discounts apply only to the invoiced value of materials (not to taxes or freight charges). Our Company reserves the right to require advance payment or satisfactory security for the goods if the financial condition of the Buyer so warrants it, as determined by Our Company. If the Buyer fails to make their payment in accordance with the terms of this agreement or any collateral agreement or fails to comply with any provisions hereof, Our Company may, at its discretion (and in addition to other remedies), cancel any unshipped portion of the order. The Buyer is to remain liable for all unpaid accounts.
8. TAXES AND IMPORT/EXPORT LICENSES – Prices do not include taxes. Taxes are paid by the Buyer upon invoice from Our Company unless the Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company is forbidden by law from the collection of said taxes from the Buyer. Import or export licenses are to be secured by the Buyer.
9.TITLE AND RISK OF LOSS – Delivery to the carrier shall constitute delivery to the Buyer, and thereafter, risk of loss or damage shall pass to the Buyer. Any claim by the Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by the Buyer against Our Company for shortage or damage occurring prior to such delivery to the carrier must be made within fifteen (15) days of receipt of the goods and accompanied by the original transportation bill signed by the carrier noting that the carrier received the goods from Our Company in the condition claimed. Notwithstanding the passage of the risk of loss to the Buyer, the title and right of possession to the goods sold hereunder shall remain with Our Company until all payments hereunder—including deferred payments evidenced by notes or otherwise, interest, carrying charges, and attorneys’ fees—have been made in cash, and the Buyer agrees to perform all acts necessary to perfect and maintain such a right and title in Our Company.
10. RETURN OF PRODUCTS – Goods cannot be returned, and once accepted by Our Company, orders cannot be canceled, except by receiving the written approval of Our Company. Cut-to-size items and special orders may not be returned unless they have been determined to have been provided in error by Our Company. Customers returning goods are responsible for freight charges.
11. FORCE MAJEURE – Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of the Buyer or civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; a lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Our Company’s reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our Company may, during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which ALL Companies involved deem fair and reasonable. In no event shall Our Company be liable for special or consequential damages due to any delay for any cause.
12. REASONABLE ATTORNEY’S FEES – In the event that a lawsuit or other proceedings should be filed for the recovery of purchase price or any unpaid balance, or for a breach by the Buyer of any term herein contained, the Buyer shall pay to Our Company, in addition to any damages proven by law, reasonable attorney’s fees and costs of collection.
13.LIABILITY – Our Company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of the acceptance of an order. Our Company shall have no liability for errors in weight or quantity delivered unless a claim is made by the Buyer within fifteen (15) days of receipt of the shipment and accompanied by the original transportation bill signed by the carrier noting that the carrier received the goods from Our Company in the condition claimed. If such a timely claim is made by Buyer and the claim is deemed valid by Our Company, Our Company may fulfill its responsibility by either shipping the quantity necessary to make good the deficit or at Our Company’s discretion, crediting the Buyer with a sum matching the invoice price of the deficient order.
14. WARRANTY – All goods sold by Our Company are warranted to the Buyer to be free from defects in material and workmanship and manufactured in accordance with industry standards. The foregoing warranty is non-assignable and acts in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of the law or otherwise, including, but not limited to, any implied warranties of merchantability or fitness. No agent, employee, or representative of Our Company has any authority to bind Our Company to any representation, affirmation, or warranty concerning the goods, and any such representation, affirmation, or warranty shall not be deemed part of the basis of this agreement and shall be unenforceable. Any claimed defect in materials or workmanship shall be deemed waived by the Buyer unless submitted to Our Company in writing within fifteen (15) days of the date the goods are received by the Buyer.
Our Company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. Our Company disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.
15. REMEDIES AND LIMITATION OF LIABILITY – Our Company shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling, or use of goods or from any other cause relating thereto. Our Company’s liability, in any case, including for claims of breaches of warranty or negligence, is exclusively limited, at Our Company’s discretion, to the replacement of goods not complying with this agreement; the repayment of, or crediting the Buyer with, an amount equal to the purchase price of such goods; or repairing or arranging for the repair of the goods. If Our Company requests the return of goods, the goods will be redelivered to Our Company in accordance with Our Company’s instructions. The remedies contained in this paragraph constitute the sole recourse of the Buyer against Our Company for the breach of any of Our Company’s obligations, whether of warranty or otherwise. As long as Our Company makes a good faith effort to rectify any breach, the remedies provided herein shall be deemed satisfied.
16. SELECTION – The Buyer maintains that the goods sold hereunder are fit for their actual or intended use and that the Buyer places no reliance on Our Company’s skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. The Buyer maintains that the use and installation of the goods shall be made in compliance with all applicable government requirements. The Buyer will defend, indemnify, and hold harmless Our Company, its successors and assigns, and its subsidiaries from and against all costs (including attorney’s fees), damages, and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed for Our Company for any alleged violation of any federal, state, or local law, rule, regulation, or standard by reason of or in connection with any use of the goods delivered hereunder.
17. GOVERNING LAW – These terms and conditions are governed by and are to be construed in accordance with the laws of the US and UK. All purchases will be processed by our respective entity in the corresponding country as indicated by the country code in the billing statement, and these entities are governed by local laws.
18. GENERAL – Our Company specifically maintains that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standard Act of 1939, as amended.
19. FULL REFUNDS – We offer a full refund on any items that are found to be faulty or damaged due to our fault. Damage due to the actions of a third party or that are the customer’s own fault is ineligible for a refund.
20. PARTIAL REFUNDS – We also offer a partial refund on returned items that have some original parts missing. In such cases, the customer can only get a partial refund.
United States (52 of 62 states):
- Delivery time 3–7 business days: Free
- E-bike batteries
- Delivery time 30–45 business days: Free
- Delivery time 15–25 business days: Free
United States (10 of 62 states):
Alaska, American Samoa, Guam, Hawaii, Northern Mariana Islands, Puerto Rico, Virgin Islands, and APO/FPO addresses
- Sorry, but electric bicycles cannot be transported here.
- E-bike batteries
- Delivery time 30-45 business days: $40
- Delivery time 15-25 business days: $40
Europe (25 countries):
Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, France, Finland, Greece, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Sweden, Spain, Slovakia, Slovenia, and Great Britain
- Delivery time 3-7 business days: Free
- E-bike batteries
- Delivery time 30-45 business days: Free
- Delivery time 15-25 busines days: Free