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TERMS OF USE

IMPACT POWERSPORTS LLC


TERMS OF USE

1. BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE TO ALL TERMS AND CONDITIONS STATED HEREIN AND IN OUR Disclaimer and Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.  IMPACT POWERSPORTS LLC reserves the right to alter or amend any and all terms of use and all other statements and terms appearing on this site without notice.

2. BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS INTENDED FOR VIEWING WITHIN THE UNITED STATES ONLY AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS SITE FROM OTHER LOCATIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS.  IMPACT POWERSPORTS LLC MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES.

3. Before You Order:

a. Confirm that the items selected are the items you wish to purchase.
b. Confirm that all of the other information you have provided is accurate.

4. Order Processing: Orders received before 8:00 p.m. U.S. Easter Time is generally entered into processing, we will contact you to review your order, provide colors available and will provide shipping date depending on the product you have purchased, by the next business day. Depending upon order volume, however, processing can potentially take longer than the estimated times.

Regarding Address Changes: Typically Addresses cannot be changed. If an address change is required, it will be subject to a fee that can range in amounts starting at $35.00 and going up from there. This is because shipping companies automatically charge for any address change, regardless of the circumstances. If you should need to change an address, please email customer service. You will then be notified of the fee amount. When placing your order, please confirm that the address has been entered correctly.

5. Shipping: Orders received before 8:00 p.m. U.S. Central Time is generally shipped within seven business days. If we determine that, for any reason, your order will not ship within nine business days of processing, we will attempt to notify you by e-mail. If express transit is paid, we will put your order in front of the shipping line and send out your order in the quickest time possible. Express transit cannot be guaranteed under any circumstances and is a non-refundable fee.

When using standard ground shipping, customers should allow 10 to 15 business days for delivery; this time frame may be exceeded.

When using express ground shipping customers should allow 7 to 10 business days for delivery, this time frame may be exceeded.

6. Delivery:

Inside Delivery: Typically inside delivery is not available on any order. If inside delivery is required, there will be an additional fee. The amount of this fee varies by location and availability. Ask your sales representative for more information.

Business Delivery is a free charge to a location that has a loading dock or a forklift on premises. If the customer does not have this accessibility, they will be charged $40.00 for residential delivery. If they need a liftgate to unload the product, they will also be charged $75.00 on top of the Residential delivery.

Residential Delivery is a $50.00 fee that simply brings the freight truck to a delivery location that does not have a loading dock or forklift on site. This does not include a liftgate service. Residential Delivery cannot be guaranteed under any circumstances and is a non-refundable fee.

Liftgate: This is a $50.00 fee for a lift, which will lower the unit to the ground for the customer. Residential Delivery also should be paid if a liftgate is included in the purchase. Liftgate Service cannot be guaranteed under any circumstances and is a non-refundable fee.

7. Damage during Shipment: The items we sell pass a thorough inspection from the manufacturer’s before they are shipped and are insured for damage during shipment. You are responsible for the product once it is in transit, including any damage or loss that may occur during shipment. If the product is damaged when you receive it, contact the shipping company (typically Fed Ex, DHL, or UPS) and file a damage claim with them. The insurance is designed to provide you with the funds to repair the damage or loss. The amount the item is insured for is approximately the wholesale cost of the item minus shipping. We cannot take responsibility for damage or loss during shipment. If you choose to refuse your shipment, the claim process can take 4 to 12 months; on occasion, the claim can even exceed this time frame. We do not suggest refusal of a shipment under any circumstances.

8. Order Cancellation Policy: Typically orders cannot be canceled. Any cancellation to order will automatically incur 25% restocking/cancellation fee plus any shipping charges incurred. We suggest calling ahead of time before canceling. If your order has been sent, you will be charged all of the freight costs. If for any reason, during the processing of your order, the unit you originally purchased goes out of stock, the unit will be replaced with an item of equal or greater value. Stock status cannot be used as a reason for an order cancellation. If there is any reimbursement or funds due as a result of an order cancellation, order change, upgrade or exchange for any reason the funds will be converted to in-store credit only with no exceptions. Please note: layaway payments are NON-REFUNDABLE. Any cancellation of a layaway will result in a store credit towards any purchase of equal or greater value.

9. Return Policy: We do not accept returns, exchanges or grant refunds under any circumstances, except as specified below regarding manufacturer’s defects.

10. Manufacturer’s Defects/Warranty: Although we do not accept returns or grant refunds, we will request the product manufacturer to ship replacement parts for confirmed manufacturer’s defects in an item you purchase from us. Items not covered under any warranty include, but are not limited to, batteries and wearable parts (example: brakes, tires, cables). Labor is also not covered under any warranty. The manufacturers of the products we sell generally warrant the products to be free from material defects in workmanship for a period of thirty (30) days from the date of purchase. Although under warranty the parts will be free of charge however; the cost of shipping must be paid for by the customer in order to ship out the part. If a part is lost during shipping you have the choice to file a shipping claim and to order the part from  IMPACT POWERSPORTS LLC at your cost.  IMPACT POWERSPORTS LLC makes no representation concerning any manufacturer’s warranty. Two-stroke engines are not covered under your warranty, however, the unit components are. There are NO GUARANTEES on product color/decals/emblems under any circumstances; however, you may request a color. All customers will have two color choices to choose from. There are NO GUARANTEES on helmet size or color under any circumstances. The validity of any warranty claim is at the sole discretion of IMPACT POWER SPORTS LL.

11.  IMPACT POWERSPORTS LLC is the copyright owner of everything on this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without IMPACT POWERSPORTS LLC ’s express written permission, except as otherwise provided herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purpose violates IMPACT POWERSPORTS LLC ’s legal rights.

12. By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

13. IMPACT POWERSPORTS LLC, generally relies on manufacturers, importers or others to provide the specifications, features, illustrations, and other information contained in this site, and  IMPACT POWERSPORTS LLC cannot ensure that all material on this site is correct, and IMPACT POWERSPORTS LLC makes no warranties or representations as to the accuracy of the specifications, features, illustrations or other information contained on this site. This site, and all information and materials contained herein, is provided to you with a 1-month warranty.

14. Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that  IMPACT POWERSPORTS LLC or other parties involved in creating, producing, or delivering this site, may monitor or review certain transmissions, postings, discussions, or chats,  IMPACT POWERSPORTS LLC and all parties involved in creating, producing, or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

15. By entering this site you acknowledge and agree that any communication or material you transmit to this site or IMPACT POWERSPORTS LLC in any manner and for any reason, will not be treated as confidential or proprietary but will become the sole property of  IMPACT POWERSPORTS LLC Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to  IMPACT POWERSPORTS LLC will similarly become the sole property of  IMPACT POWERSPORTS LLC and may be used by  IMPACT POWERSPORTS LLC anywhere, anytime, and for any reason whatsoever.

16. By entering this site you acknowledge and agree that any name, logo, trademark, trade name or service mark contained on this site is owned or licensed by  IMPACT POWERSPORTS LLC and may not be used by you without prior written approval.

17. Although this site may be linked to other sites,  IMPACT POWERSPORTS LLC is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated herein. By entering this site you acknowledge and agree that  IMPACT POWERSPORTS LLC has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

18.  IMPACT POWERSPORTS LLC reserves the right to revise these Terms of Use at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site, including but not limited to vehicle colors, specifications, accessories, models, materials or other product or service features. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.

19. The prices listed in this site exclude tax, title, license and registration.

20. Sponsor and site owner:  IMPACT POWERSPORTS LLC