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Sevenk Wheels, LLC
12295 Pennsylvania st 5B, Thronton, CO 80241
This document was last updated on August 24, 2018
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TERMS & CONDITIONS
1. Formation of Agreement. These Terms and Conditions apply to all proposals and quotations submitted by SEVENK WHEELS, LLC (“SEVENK WHEELS”), to all purchase ordered received by SEVENK WHEELS, and to all goods or services sold by SEVENK WHEELS (“Goods”). These terms, together with the operative document in its original form giving rise to the applicable transaction, constitute the entire agreement between SEVENK WHEELS and you (the “Agreement”). The Agreement supersedes all previous quotations and agreements regarding the Goods. Notice is hereby given that SEVENK WHEELS objects to any terms or conditions modifying, adding to, repugnant to, or inconsistent with these Terms and Conditions which you may have added to a purchase order or other writing. No modifications, limitations, waivers or discharge of this Agreement shall be binding on SEVENK WHEELS unless in writing and signed by SEVENK WHEELS’s authorized representative. A course of performance, course of dealings, or customs in the trade shall not constitute a modification or waiver of any of SEVENK WHEELS’s rights.
2. Express Warranty. Subject to the terms of this paragraph, SEVENK WHEELS warrants to you, the original buyer, that the Goods shall be free from defects in materials or workmanship for a period of one year from the date the Goods are shipped, provided that the Goods i) have been installed, finished, maintained, and used correctly and in conformity with any instructions and recommendations furnished by SEVENK WHEELS, and ii) have not been misused, abused, installed incorrectly, neglected, modified, or altered. In order to make a claim under this warranty, you must contact SEVENK WHEELS in writing prior to the expiration of the one year warranty period. Upon receipt of a written claim, SEVENK WHEELS will contact you to arrange for shipment of the Goods without tires back to SEVENK WHEELS at your expense. Upon receipt of the Goods, SEVENK WHEELS will examine the Goods and conduct an investigation, which may include requesting additional information from you, to determine whether a defect exists. If so, SEVENK WHEELS, in its sole discretion, will either repair or replace the defective item, or refund you the purchase price. Your remedies are limited to those specifically provided in this paragraph.
3. Disclaimer of Implied Warranties. SEVENK WHEELS disclaims all warranties, whether express or implied, other than those specifically contained in these Terms and Conditions, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability, and non-infringement
4. Returns. All sales of forged (2/3-piece) wheels are final; no refunds or exchanges.
5. Delays. All delivery or shipping dates are estimates only. SEVENK WHEELS will use reasonable efforts to fill the order in accordance with the estimated delivery or shipping date, but is not responsible for any delays in filling the order. Due to SEVENK WHEELS will not be liable for any losses or damages resulting from such delays, and you will not be permitted to cancel the order simply because of a delay.
6. Limitation of Liability. SEVENK WHEELS is not liable for any incidental, consequential, indirect, special, contingent, or punitive damages arising out of or relating in any way to the Goods. Goods are manufactured to customer specifications. SEVENK WHEELS is not responsible for the accuracy of the information or specifications submitted by you. SEVENK WHEELS is not responsible for any custom bolt pattern or finishing modifications requested by you as those services are provided by a third-party. SEVENK WHEELS’s sole responsibility regarding these services will be to put you in contact with the service provider.
7. Attorney Fees and Costs. You will be responsible for any attorney fees and costs incurred by SEVENK WHEELS resulting from your failure to comply with the Agreement or SEVENK WHEELS enforcing its rights under the Agreement.
8. Applicable Law and Jurisdiction. You agree that this Agreement will be governed by Colorado law, without regard to conflict of laws provisions. You further agree that any claims, legal proceedings, litigation or other disputes that may arise between you and SEVENK WHEELS must be brought in the courts of Ottawa County, Michigan, and you consent to the exclusive jurisdiction of such courts.
9. If full payment is not fully paid within the end of 8 weeks mark, a 5% storage fee will occur every 30 days until full payment is received.
2018 July 1ST.