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Errors and Omissions
MX Bike.com makes every effort to ensure the accuracy of the information on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. MX Bike.com makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind. If an error is made and a product is listed at an incorrect price, MX Bike.com shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, MX Bike.com shall immediately issue a credit in the amount of the incorrect price.Note: We do not guarantee MX Bike.com prices listed on other Web sites or price engines.Non- U.S. Net Users.
Sales of our products must follow U.S. Commerce Department Regulations and State Department restrictions.MX Bike.com Standard Terms of Sale.
All sales are subject to the following terms and conditions:1. Customer Acknowledgment.
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from MX Bike.com.2. All Sales Made In California.
All sales shall be deemed made in the State of California, USA, regardless of the location of the Customer.The Customer agrees that any dispute with MX Bike.com arising out of the Customers purchase from MX Bike.com shall be brought by the Customer exclusively in the state or federal courts situated in the State of California; and the Customer hereby agrees that such venue is appropriate and that MX Bike.com agreement to sell and deliver products to the Customer is dependent on this provision.3. Purchase Price.
(a) Prices and promotions are listed in the MX Bike.com web site and its advertisements, and are subject to change without notice.(b) Payment is due before shipment, unless credit terms have been arranged in advance with the MX Bike.com credit department. In such case, payment terms shall be as set forth in the credit agreement.(c) MX Bike.com shall not be liable for handling or customs charges for shipments outside the United States. 4. Shipping Terms.
Risk of loss is upon customer once MX Bike.com delivers the product to the carrier. Delivery times are estimates only and MX Bike.com shall not be liable for delays. 5. Vendor License Agreements.
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.6. International.
Products sold by MX Bike.com may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.7. LIMITED MANUFACTURERS WARRANTY.
(a) MX Bike.com warrants that it has good title to the Products.(b) MX Bike.com does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers.(c) MX BIKE.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE. 8. LIMITATION OF LIABILITY.
IN NO EVENT SHALL MX BIKE.COM BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMERS SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURERS WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL MX BIKE.COM LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM MX BIKE.COM. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.9. Returns.
Returns of Products are subject to MX Bike.com current return policies, which are set forth in the advertisement, Web site, and shipping statement, subject to any additional or lesser return rights adopted by the manufacturer or publisher. 10. Exclusive Agreement.
These Terms of Sale represent the complete and final agreement between the Customer and MX Bike.com for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in MX Bike.com invoice for the relevant sale. Terms contained in Customers purchase orders, offers to buy, terms and conditions, and the like shall have no effect.11. General.
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the California.(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect. (c) MX Bike.com shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.(d)These Terms of Sale may be modified from time to time by MX Bike.com without notice, and are current as of the date of the then current advertisement or Web site. Please refer to the current advertisement or Web site. |
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