Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE MAKING A PURCHASE.
These Terms and Conditions of Sale (“Terms”) govern all purchases made through MotoXMall (“MotoXMall,” “we,” “us,” or “our”). By placing an order, purchasing products, or otherwise using the MotoXMall website (www.motoxmall.com), you (“Customer”) agree to be bound by these Terms.
These Terms constitute a binding legal agreement between Customer and MotoXMall.
Scope of Terms
These Terms and Conditions of Sale apply exclusively to the sale of products by MotoXMall. Any additional or different terms proposed by Customer, whether in purchase orders or other documents, are expressly rejected and deemed material alterations unless agreed to in writing and signed by both Customer and MotoXMall.
Acceptance of delivery of any product constitutes Customer’s acceptance of these Terms, unless a separate written agreement signed by both parties governs the transaction.
Changes to Terms
MotoXMall reserves the right to modify these Terms at any time without prior notice. However, the Terms in effect at the time an order is placed or modified will govern that specific order.
These Terms represent the entire agreement between Customer and MotoXMall regarding the sale of products and supersede all prior communications or agreements.
Customer consents to receiving electronic records and communications via email or web-based platforms.
Choice of Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
Customer agrees that any legal action or proceeding arising out of or relating to these Terms or the use of this website shall be brought exclusively in the state or federal courts located within the State of California, and Customer consents to the personal jurisdiction of such courts.
Shipments and Risk of Loss
All orders are shipped to the address provided by Customer, subject to applicable shipping restrictions. All purchases are made pursuant to a shipment contract.
Risk of loss and title to products pass to Customer upon delivery of the shipment to the carrier. Customer is responsible for filing claims with carriers for lost or damaged shipments.
MotoXMall retains a security interest in the products until full payment has been received. Customer is responsible for all shipping and related charges.
Warranties
MotoXMall is not the manufacturer of the products sold. All products are sold “AS IS.” Any warranties applicable to products are provided solely by the manufacturer, not by MotoXMall.
Customer acknowledges reliance solely on the manufacturer’s specifications and warranties, if any, and not on any representations, descriptions, photographs, or illustrations provided by MotoXMall.
MOTOXMALL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
This disclaimer does not affect any manufacturer’s warranty that may apply.
Limitation of Liability
To the fullest extent permitted by law, MotoXMall and its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the purchase or use of any products.
This limitation applies regardless of the theory of liability, including contract, negligence, strict liability, or otherwise, even if MotoXMall has been advised of the possibility of such damages.
In jurisdictions that do not allow certain limitations, MotoXMall’s liability shall be limited to the maximum extent permitted by law.
In no event shall MotoXMall’s liability exceed the amount paid by Customer for the product(s) giving rise to the claim.
MotoXMall is not responsible for delays caused by circumstances beyond its control, including but not limited to product availability, carrier delays, weather conditions, labor issues, or acts of God.
Safety and Product Use
MotoXMall has no control over the installation, use, or maintenance of products sold. Customer is solely responsible for reading and following all manufacturer instructions and safety guidelines.
Customer assumes all responsibility for proper product selection, installation, use, and maintenance.
Indemnification
Customer agrees to defend, indemnify, and hold harmless MotoXMall and its officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses (including reasonable attorney’s fees) arising from:
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Customer’s breach of these Terms; or
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Customer’s use or misuse of any products purchased from MotoXMall.
Pricing and Product Availability
All prices are subject to change without notice. MotoXMall reserves the right to correct pricing errors and modify product offerings due to market conditions, manufacturer changes, or product availability.
All orders are subject to product availability. MotoXMall does not guarantee fulfillment of any order.
Orders, Payment Terms, and Taxes
Orders are not binding until accepted by MotoXMall. MotoXMall reserves the right to refuse service to any customer at its discretion.
Payment terms are determined by MotoXMall and may vary by order. MotoXMall may ship or invoice items separately.
Customer is responsible for all applicable sales, use, or other taxes, fees, or assessments. Tax exemptions must be claimed at the time of purchase with valid documentation.
In the event of payment default, Customer agrees to pay all costs of collection incurred by MotoXMall, including court costs and attorney’s fees.
Returns and Inspection
Customer agrees to carefully inspect all products upon delivery. Claims for shortages, defects, or damage must comply with MotoXMall’s Returns and Exchanges Policy.
No return, exchange, or claim will be accepted unless Customer follows MotoXMall’s return authorization procedures.
Contact Information
For questions regarding these Terms and Conditions of Sale, please contact MotoXMall through the contact information provided on our website.