Terms and Conditions

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per item basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement. All Florida orders will be taxed.

The method and route of shipment are at Seller's discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

 

CANCELLATION OR MODIFICATION:

Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller's approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will charge a minimum six percent (6%) cancellation fee on any invoice. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

TAXES:

Buyer is responsible for any tax or governmental charge imposed upon the sale or transfer of any product. Any such tax or governmental charge will be added to the total invoice amount. All prices are FOB Seller's facilities. Applicable freight costs will be added to the invoice.

WARRANTY AND DISCLAIMER:

LIMITATATION OF LIABILITY:

RETURN OF MATERIAL: 

Upon delivery of Product, Buyer shall have ten (10) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that ten (10) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer's failure to reject Product within such ten (10) day period shall constitute a waiver of Buyer's inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.

INDEMNITY:

Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys' fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller's consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer's failure to label Product or Buyer's improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee's strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.

PAYMENT:

Due on receipt from the date of Invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys' fees.

 

Refused or returned orders will result in a twenty percent (20%) restocking charge for the RETURNED product ordered and 100% of the freight/shipping charges. All returns must be approved before iONEMOTO will accept them. Items that have been installed are NOT returnable. All returns must be sent back in new condition. Items that require repackaging will be assessed up to a 30% restocking fee at iONEMOTO's sole discretion. No returns will be accepted on purchases older than 30 days. 

The use of iONEMOTO items may render some vehicles illegal for road use in some states. The purchaser assumes full responsibility for the disclosure to the customer of all state and federal laws pertaining to the use of these products on public roads. Many iONEMOTO products are designed for racing use only and do not incorporate certain components needed for street use. It is the responsibility of the purchaser to recognize the intended use of the product and to determine if the product is legal for use on public roads.

 

 

GOVERNING LAW AND ARBITRATION: