PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from SpaCom LLC, (dba Bat-Bike) named on the invoice ("SpaCom") that will be provided to you ("Customer") on orders for Bat-Bike products (“Products”) sold in the United States. By accepting delivery of the Products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH SPACOM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER SPACOM STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in SpaCom's sole discretion.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SpaCom.
This Agreement and any sales there under shall be governed by the laws of the state of Florida, without regard to conflicts of laws rules
Payment Terms; Orders; Quotes; Interest
Terms of payment are within SpaCom's sole discretion, and unless otherwise agreed to by SpaCom, payment must be received by SpaCom prior to SpaCom's acceptance and delivery of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by SpaCom. Invoices are due and payable at the time of order and the date of the invoice. The SpaCom/Bat-Bike online e-Commerce system will charge a credit card immediately upon completion of an order through our certified secured payment processor company and merchant bank. SpaCom guarantees a full and immediate refund in case of backorder situations or pre-shipment cancellations upon customer request. SpaCom may invoice parts of an order separately. Orders are not binding upon SpaCom until accepted by SpaCom. Any quotations given by SpaCom will be valid for the period stated on the quotation, or if published on the internet prices are guaranteed for one calendar week from the date of publication. Prices are subject to change without notice and might vary outside the Continental United States. Customer agrees to pay interest on all past-due sums at the current interest rate for credit card debt. Discounts are applied as agreed between the Customer and SpaCom.
Separate charges for shipping and handling will be shown on SpaCom's invoice(s), if applicable. Standard shipping within the continental U.S. include shipping via Fedex Ground or similar service. Customer may choose alternate carrier at additional charges. Shipping to Hawaii, Alaska and International shipments can be made with a mutually agreed carrier and at the customer's expense.
Special delivery instructions may be requested at time of order, however, FedEx is not obligated to honor any instructions related to date, time or location. All orders in excess of $200.00 value are shipped with a Signature Requirement, unless waived by customer at time of order. SpaCom, LLC is not liable for any loss, theft or damage that may occur if the signature requirement has been waived by the customer. NOTE: Signature requirement cannot be waived once order has been shipped due to FedEx policy.
Unless Customer provides SpaCom with a valid and correct tax exemption certificate applicable to the product ship-to location prior to SpaCom's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for SpaCom's franchise taxes and taxes on SpaCom's net income. If applicable, a separate charge for taxes will be shown on SpaCom's invoice.
Title; Risk of Loss
Title to products passes from SpaCom to Customer on shipment from SpaCom's facility. Loss or damage that occurs during shipping by a carrier selected by SpaCom is SpaCom's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
The limited warranties applicable to Spacom branded products are included in the documentation along with the products as well as on our website www.bat-bike.com . There are no warranties for services. Spacom makes no express warranties except those stated in this section and in Spacom's applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Spacom will be obligated to honor any such warranties, only upon Spacom's receipt of payment in full for the item to be warranted. Any warranty will be voided in its entirety, if a customer has disputed a credit card charge or other form of payment resulting in Spacom not having received full payment. Spacom disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Spacom's responsibility for warranty claims is limited to repair and replacement as set forth in Spacom's applicable warranty statement in effect on the date of the invoice. We will not pay for: loss of use of your product or property damage caused by your electric bicycle product or its failure to work; any special incidental or consequential damages resulting from performance or failure to perform under this agreement, or from the furnishings, performance or use of any goods or service sold pursuant hereto, whatever due to a breach of contract, breach of warranty, negligence, misuse or modification of the product or otherwise neither you nor Spacom shall have any liability to the other for indirect or punitive damages, or for any claim by any third party except as expressly provided herein.
SpaCom reserves the right to modify its warranty at any time, in its sole discretion.
SpaCom products that are purchased directly from SpaCom/Bat-Bike by a Customer may be returned by Customer in accordance with SpaCom's "Return Policy" in effect on the date of the invoice. Unused items in new condition and in original packaging only may be returned for full credit within 7 days of receipt of product, excluding shipping and handling charges. Customer is fully responsible for shipping cost of returned items. Please contact us at 1-888-669-6740 or firstname.lastname@example.org with an order number and reason for the return before shipping the item back. All returns must have an assigned Return Authorization number clearly written on the outside label to be accepted. NOTE: products that have been purchased through one of our authorized independent dealers must be returned according to that dealer's respective return policy. Refunds can only be issued by that dealer, because SpaCom/Bat-Bike has no original financial transaction for such purchases with the customer. Such returns must have a dealer RA authorization which has been communicated to SpaCom/Bat-Bike before a return shipping is being initiated and accepted by SpaCom. It is recommended that you insure the item before returning it. For returns after the initial return period and used caddies for up to 30 days after the original purchase date a restocking charge of 20-25% of the original purchase price (depending on condition), excl. shipping & handling charges applies. Customer is fully responsible to cover original and return shipping and insurance charges. Product must be returned in its original packaging, including styrofoam cushioning to protect from transportatation damage. Charges for the supply of replacement packaging will apply. Return acceptance after 30 days after the original purchase date are at SpaCom's sole discretion and subject to depreciation fees assessed by SpaCom's technical staff.
From time to time, SpaCom may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with SpaCom's exchange policies in effect on the date of the exchange.
Products and Components
SpaCom's policy is one of ongoing product update and revision. SpaCom may revise and discontinue products at any time. SpaCom will ship products that have the same or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, website, manual or catalogue are possible during a model year. SpaCom reserves all rights to modify and upgrade components during a model year. All parts are factory new and unused unless otherwise described or ordered by the Customer. All Products are being factory floor tested before final packaging causing slight abrasions on tires or other wear parts. These are merely a sign of quality control testing.
Limitations of Liability
Spacom does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, or the provision of services and support Spacom will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services and support customer receives under this agreement. Customer agrees that for any liability related to the purchase of products or services bundled with the products, Spacom is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products under this agreement. Customer agrees that for any liability related to the purchase of services not bundled with products under this agreement, Spacom is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of services under this agreement.
Service and Support
SpaCom will provide general telephone service and support to Customers in the United States, and in selected international countries in accordance with the then-current service and support policies and conditions in effect. However, SpaCom's support personnel may not be able to understand or resolve any given problem, and hereby excludes any obligations or liabilities arising from a given problem not solved by SpaCom. SpaCom has no obligation to provide service or support until SpaCom has received full payment for the Product or services and support that Customer purchased.
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against SpaCom, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "SpaCom") arising out of or relating to this Agreement, SpaCom's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. SpaCom will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Jacksonville, Florida and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in St. Johns County, Florida would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
For more information about Bat-Bike please contact us at +1 (415) 691-8688, fax us at +1 (904) 567-3044 or send us an e-mail at email@example.com
Bat-Bike® is a registered trademark of SpaCom LLC, Bat-Bike Division, 24 Commercial Blvd., Suite A, Novato, CA 94949 USA