Terms and Conditions of Sale
We will refund or exchange any merchandise (excluding closeouts and special orders) returned within 30 days. Items must be in new, re-sellable condition and returned with the manufacturer's original packaging including tags and labels. We sell new parts and cannot accept return items that have been installed. Please ship all items in a shipping box.
Returns:
All returns must be authorized by Motobargain Ent. within 30 days of the invoice date. All returns without prior authorized by Motobargain Ent. may be refused and returned to sender. If accepted, any return without prior authorization will be subject to a 30% re-stocking fee. Within thirty (30) days of purchase, we will replace or repair, at our sole discretion, any product that is deemed defective. After 30 days, the manufacturer's warranty process must be followed. A 20% re-stocking fee will be applied to all items returned for credit. Special orders, including year, make, and model specific items will be subject to a 25% re-stocking fee.
All non-defective returns authorized by Motobargain Ent. are subject to a 20% restocking fee, and must be returned within 30 days from date of invoice.
Exchanges:
There is no extra fee for exchanges. Shipping fees will not be reimbursed unless customer received incorrect items due to an error made by Motobargain Ent. In this case, Motobargain Ent. will reimburse only standard ground shipping charges.
Cancellations:
A 10% re-stocking fee will apply to all processed orders upon cancellation. Please call 602-930-6688 if you wish to cancel an order.
Warranty Information
You are entitled to the manufacturer's limited expressed warranty, if any, that accompanies the product. Motobargain Ent. makes no additional or independent warranty. All other warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose are disclaimed. Motobargain Ent. shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
Errors and Omissions
Motobargain Ent. makes every effort to ensure the accuracy of the information on our Web site. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. Motobargain Ent. 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, Motobargain Ent. 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, Motobargain Ent. shall immediately issue a credit in the amount of the incorrect price.
Motobargain Ent. Standard Terms of Sale
All sales are subject to the following terms and conditions:
Customer Acknowledgment
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from Motobargain Ent..
All Sales Made In Arizona
All sales shall be deemed made in the State of Arizona, USA, regardless of the location of the Customer.
The Customer agrees that any dispute with Motobargain Ent. arising out of the Customer's purchase from Motobargain Ent. shall be brought by the Customer exclusively in the state or federal courts situated in the State of Arizona; and the Customer hereby agrees that such venue is appropriate and that Motobargain Ent.' agreement to sell and deliver products to the Customer is dependent on this provision.
Purchase Price
(a) Prices and promotions are listed in Motobargain Ent. Web site and its advertisement, and are subject to change without notice.
(b) Payment is due before product shipment,
(c) Motobargain Ent. collects sales and use taxes for sales made to residents of the State(s) of Arizona. Motobargain Ent. shall not be liable for handling or customs charges for shipments outside the United States.
Shipping Terms
Shipping terms are: Motobargain Ent. will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Risk of loss is upon Customer once Motobargain Ent. delivers the Product to the carrier. Delivery times are estimates only and Motobargain Ent. shall not be liable for delays.
Vendor License Agreements
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
International
Products sold by Motobargain Ent. 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.
LIMITED MANUFACTURER'S WARRANTY
(a) Motobargain Ent. warrants that it has good title to the Products.
(b) Motobargain Ent. does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers.
(c) MOTOBARGAIN ENT. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MOTOBARGAIN ENT. BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL MOTOBARGAIN ENTERPRISES' LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM MOTOBARGAIN ENTERPRISES. 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.
Returns
Returns of Products are subject to Motobargain Ent. 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.
Exclusive Agreement
These Terms of Sale represent the complete and final agreement between the Customer and Motobargain Ent. for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in Motobargain Ent.' invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
General
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Arizona.
(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) Motobargain Ent. 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 can be modified from time to time by Motobargain Ent. 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.