Terms of service
Terms and Conditions of Product Sales and Service Projects
1. Acceptance of Terms
These Terms and Conditions represent the exclusive agreement between you ("Customer") and Elektric Offroad Designs ("Seller"), unless a separate, overriding contract exists. By accepting delivery of products or engaging the Seller for services, you agree to and accept these terms, unless explicitly stated otherwise in a signed agreement.
2. Product and Service Descriptions
Descriptions of the Seller's products or services on any website or mobile application are not part of the agreement unless explicitly included in this contract.
3. Use of Electronic Records
By using the Seller's services, you consent to receiving electronic records, which may be provided via a web browser or email. You may withdraw this consent by contacting the Seller directly.
4. Purchase Orders
Purchase orders issued by you are for administrative purposes only. Any additional or different terms stated by you are null and void.
5. Governing Law
These Terms and Conditions and any disputes arising under them will be governed by the laws of Arizona, USA. Disputes will be adjudicated exclusively in the federal and state courts of Maricopa County, Arizona.
6. Risk of Loss
The risk of loss or damage to products passes to the Customer upon delivery to the carrier (F.O.B. Origin, Freight Prepaid or F.O.B. Origin, Freight Prepaid / Charged Back).
7. Third Party Services
The Seller acts as a distributor or agent for third party products and services. The relevant third party is responsible for these services and any claims related to them should be directed to the third party.
8. Cooperation
Customer agrees to cooperate by providing timely responses, access to necessary information and materials, and necessary consents for Seller to provide services.
9. Payment
Payment terms are established by the Seller and may require partial or full payment before delivery or performance of services. Late payments incur a charge of the lesser of 1.5% per month or the maximum permitted by law.
10. Warranties and Limitations
The Seller provides warranties only for its products, explicitly excluding third party services and products. Any manufacturer warranties are provided by the manufacturers, not by the Seller.
11. Limitation of Liability
The Seller is not liable for incidental, indirect, special, punitive, or consequential damages. The total liability of the Seller will not exceed the amount paid by the Customer for the product or service causing the liability.
12. Amendments to Terms
The Seller reserves the right to amend these Terms and Conditions at any time. Changes will be effective upon posting on the Seller's website or at the point of sale.
13. Termination
Either party may terminate the agreement if the other party fails to cure a material breach within the specified time frame, subject to the provisions of warranties herein.