Terms and Conditions for Sale of Parts, Kits, Builds, or Services

 


I.    THESE TERMS AND CONDITIONS FOR SALE OF PARTS, KITS, BUILDS, OR SERVICES FOR BROGUE MOTORCYCLES LLC (“WE”, “COMPANY”, “US”, OR “OUR”) CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO PURCHASER (“YOU”). 

THESE TERMS REQUIRE THE USE OF ARBITRATION FOR DISPUTE RESOLUTION PURPOSES, AND NOT A JURY TRIAL. BY PLACING AN ORDER FOR PARTS, KITS, MERCHANDISE, BUILDS, ANY RELATED OR UNRELATED SERVICES, CUSTOM MADE AND SPECIAL ORDER ITEMS (TOGETHER, THE “PRODUCTS OR SERVICES”) FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR DETERMINING WHETHER YOU MAY HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU CLAIM TO REPRESENT; IN ANY CASE, YOU AND THE REPRESENTED ENTITY ARE BOUND BY THESE TERMS AND CONDITIONS, GENERAL TERMS OF USE, AND PRIVACY POLICY.

IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF ITS CONTENTS BY APPLICABLE LAW, YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES.
 
This section’s Terms and Conditions for Sale of Parts, Kits, Builds, or Services (these "Terms") apply to the purchase and sale of Products or Services through the Brogue Motorcycles website (the "Site"). These Terms are subject to change by Company without prior written notice to You at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced above. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your continued acceptance of and agreement to such changes.
 
These Terms are an integral part of the General Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for Products or Services through this Site.
 
II.  
 Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products or Services listed in your order, as may be confirmed in writing or over the telephone with you by Company. All orders must be accepted by us, at our sole discretion, even after a confirmation email with details of the Products or Services you have ordered.
 
III.
    Prices and Payment Terms.

(A)    Though payment prices and terms may differ on an individual, order-by-order basis, we generally require 50% payment of the full balance of your order at the time of sale, and the remaining 50% payment of the full balance of your order upon your written approval of the final proposal provided by Company, and prior to production. Please note that all parts need to be paid for in full, and that deposits are non-refundable unless agreed to in writing by Company

(B)    All prices, discounts, and promotions posted on this Site are subject to change without notice to You. The price charged to You for Products or Services will be the price at the time the order is placed and will be set out in your order confirmation email sent to the address You provide. Accordingly, any price increases or decreases will only apply to orders placed after such changes. Posted prices may not include taxes or charges for shipping and handling, which will be added to your Products or Services total, and will be itemized in your order confirmation email. While we strive to display accurate price information, Company may occasionally make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such

(C)    We may offer from time to time promotions on the Site that may affect pricing and that may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

(D)    From time to time, we may offer customized motorcycles for auction, subject to the terms of the auction. If there is a conflict between the terms for an auction and these Terms, the auction terms will govern.

(E)    Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our review and acceptance of an order. We accept credit cards (VISA, MasterCard, Discover, AMEX, and more) for all purchases, through the Stripe payment service. You represent and warrant that:

  1.   the credit card information you supply to us is true, correct and complete,
  2.  you are duly authorized to use such credit card for the purchase, and
  3.  you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.


IV.    Shipments; Delivery; Title and Risk of Loss.
 
(A)    We arrange for shipment of our Products to you; please check the individual Products page for specific delivery options, if available, unless a delivery option has been agreed upon in writing by us. You will pay all shipping and handling charges specified during the ordering process.
 
(B)    Title and risk of loss pass to you upon our transfer of any Products to the shipping carrier, whose terms and conditions may apply. Shipping and delivery dates are estimates only and cannot be guaranteed; we are not liable for any delays in shipments.
 
V.    Manufacturer's Warranty and Disclaimers.

Company’s Return Policy, and includes a 20% re-stocking fee for returns.

(A)    This limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state.

(B)    This limited warranty can also be found in the documentation we provide with the products or services.

(C)    We warrant that during the warranty period, the products purchased from the site will be free from defects in materials and workmanship.

(D)    We also warrant that during the warranty period the services purchased from the site will be performed in a workmanlike manner and in accordance with generally recognized industry standards for similar services.

(E)    We limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose, to the duration of this limited warranty.

(F)    Please note that some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

(G)    Our responsibility for defective products is limited to repair, replacement or refund as set forth in this warranty statement. Our responsibility for defective services is limited to repair, re-performance or refund as set forth in this warranty statement.

V.    Who May Use This Warranty?

(A)    This limited warranty extends only to the original purchaser of Products and Services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the Service.


VI.    What Does This Warranty Cover?

(A)    This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Products and Services purchased from the Site.


VII.    What Does This Warranty Not Cover?

(A)    This limited warranty does not cover any damages due to:


i.    transportation of the Products;


ii.    storage;

iii.    improper use;


iv.    failure to follow the product instructions or to perform any preventive maintenance;


v.    modifications;


vi.    combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Company;


vii.    unauthorized repair;


viii.    normal wear and tear; or


ix.    external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

VIII.    What is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for six months (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.


IX.    What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either repair or replace such Products (or the defective part) free of charge for up to six (6) months after receipt. We agree to pay for shipping and handling fees related to the return all products under warranty and subject to repair.

With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.

To obtain warranty service, you MUST e-mail our Customer Service Department at [CONTACT US] during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number..

 

X.    Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 

XI.    Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

XII.    Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Arizona.
 

XIII.    Dispute Resolution and Binding Arbitration.
 
YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
 
XIV.    Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
 
XV.    No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company
 
XVI.    No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
 
XVII.    Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide, effective at time of being sent or (ii) by posting to the Site, effective upon posting. You are responsible for keeping your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Brogue Motorcycles LLC, Brogue Motorcycles LLC, located at 9211 E Simon Place Tucson, Arizona 85710 and through our website at CONTACT US. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
 
XVIII.    Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
 
XIX.    Entire Agreement. These Terms, our General Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.