TERMS AND CONDITIONS OF SALE

 

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 OBSESSION MOTORCYCLES INVOICE OR OTHER OBSESSION MOTORCYCLES DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND OBSESSION MOTORCYCLES 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 Obsession Motorcycles. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Obsession Motorcycles 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 Obsession Motorcycles 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 Obsession Motorcycles 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 Obsession Motorcycles website.

 

SHIPPING POLICY

 

Our primary shipping services are United States Postal Service (USPS) and United Parcel Service (UPS) ground or priority service. Generally, these services take 3-7 business days from coast-to-coast (our products ship from our store in Federal Way, WA).

 

Delivery Time

 

Availability. Items that are in stock in the warehouse will ship the next business day.

Items that are not in stock will generally ship in 3-5 days. Custom items may take several weeks. We do our best to ship items out as quickly as possible.

 

Currently, we only ship to the United States.

 

RETURNS & REFUND POLICY

 

Within 15 business days of receipt, merchandise may be returned in new, unused condition in original packaging for a refund.

 

The following items are not returnable: Electronic Components, items that have been tested, assembled, or installed, items not in the same condition as you received them, quantity purchases, custom-made and made to order merchandise, special orders, personalized items, clearance items, and items marked no returns. Merchandise returned that does not comply with our return policy will not be accepted and will be held for you to claim.

 

In the unlikely event that something goes wrong with your delivery, Obsession Motorcycles is ready to help make it right. Please use our contact information if you have received merchandise that is damaged or defective and please have a photo of the damage or defect ready to email to us.

 

Shipping and handling charges are not refundable. Refunds will be less our actual outbound shipping costs including items that have free shipping. Returns void any special offers or promotions used at time of purchase.

 

We are unable to refund items in which you have opened or written anything on the original packaging.

 

Our address for returns is:

Obsession Motorcycles

Returns Department

30315 Pacific Highway S. Suite E

Federal Way, WA 98003

 

We recommend you send your return via a trackable service such as parcel post with delivery confirmation or UPS and insure it for your own protection as we can not be responsible for lost or damaged parcels. Be sure to maintain a copy of any tracking numbers in your records in case you need to contact us.

 

For any refused delivery or merchandise returned undeliverable or abandoned, shipping and handling charges are not refundable. Return freight charges will be deducted from your refund or billed to your credit card. No refunds will be issued for undeliverable or refused deliveries on International shipments.

 

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 Washington, 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 Washington, 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. Obsession Motorcycles retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

 

WARRANTIES

 

Customer understands that Obsession Motorcycles is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Obsession Motorcycles. 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 Obsession Motorcycles. OBSESSION MOTORCYCLES AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF OBSESSION MOTORCYCLES, 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 OBSESSION MOTORCYCLES 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 OBSESSION MOTORCYCLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OBSESSION MOTORCYCLES LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER OBSESSION MOTORCYCLES 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 OBSESSION MOTORCYCLES 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.

 

Obsession Motorcycles 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. Obsession Motorcycles 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 Obsession Motorcycles 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 Obsession Motorcycles website. Obsession Motorcycles 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 Obsession Motorcycles in asserting any available defenses.

 

PRICING INFORMATION; AVAILABILITY DISCLAIMER

 

All pricing is subject to change. Obsession Motorcycles 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, Obsession Motorcycles 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 Obsession Motorcycles until accepted by Obsession Motorcycles. Obsession Motorcycles reserves the right to refuse service to anyone. Terms of payment are within Obsession Motorcycles sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Obsession Motorcycles 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 Obsession Motorcycles 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 Obsession Motorcycles 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.