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TERMS AND CONDITIONS OF SALE
All Sales and Purchase Orders (the "Agreement") made by MICHIGAN MOTORZ LLC, (“MICHIGAN MOTORZ”) are made expressly subject to these additional terms and conditions. You, by the purchase of a product from Michigan Motorz, denote your acceptance of these Terms and Conditions of Sale (“Agreement”). The terms "You" or “Purchaser” means you the original purchaser of the product, your agents, beneficiaries, or heirs.:
1. Shipping Methods. All Product sold by MICHIGAN MOTORZ are F.O.B. Troy, Michigan, prepaid and added to Buyer’s charge. Buyer is responsible for all shipping, handling, insurance costs, and all taxes, duties, clearance charges, and other fees as applicable.
2. Returns. All sales are final. MICHIGAN MOTORZ may, at our discretion, make an exception in which case a restocking charge of 15% of the purchase price plus shipping will be charged. Any and all returns must be authorized via email or telephone and returns must be accompanied by, and will only be accepted with, a Return Merchandise Authorization number (RMA) issued by MICHIGAN MOTORZ.
3. Pricing: All prices are subject to change without notice.
4. Payment. MICHIGAN MOTORZ accepts the following forms of payment: cash, credit cards, money orders, certified checks and wire transfers.
5. Warranty Disclaimer and Limitation of Liability. a. MICHIGAN MOTORZ MAKES NO EXPRESS WARRANTIES RELATED TO THE PRODUCT EXCEPT FOR THOSE SPECIFICALLY CONTAINED IN THIS AGREEMENT AND THE WARRANTY ACCOMPANYING THE PRODUCT SOLD, IF ANY. NO OTHER STATEMENT OR REPRESENTATION SHALL BE CONSIDERED AS A PART OF THE BASIS OF THE BARGAIN BETWEEN MICHIGAN MOTORZ AND PURCHASER. MICHIGAN MOTORZ EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. b. THE TOTAL LIABILITY, IF ANY, OF MICHIGAN MOTORZ AND THAT OF ITS OFFICERS, MEMBERS, DIRECTORS, SHAREHOLDERS, AGENTS AND EMPLOYEES TO PURCHASER FOR DAMAGES WITH RESPECT TO THIS AGREEMENT AND THE PRODUCTS SOLD SHALL NOT EXCEED THE PURCHASE PRICE. IN NO EVENT SHALL MICHIGAN MOTORZ, ITS OFFICERS, MEMBERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES HAVE ANY LIABILITY FOR PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ECONOMIC DAMAGES, LOST PROFITS OR REVENUES. THE LIMITATIONS AND EXCLUSIONS IN THIS PARAGRAPH SHALL APPLY TO ALL CLAIMS OF EVERY NATURE, KIND AND DESCRIPTION, WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. DAMAGES AS LIMITED BY THIS PARAGRAPH IS PURCHASER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT THAT ANY OTHER REMEDY PROVIDED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
6. Modification and Waiver. No waiver or modification of the Purchase Order shall be valid unless it is in writing and signed by MICHIGAN MOTORZ. Furthermore, any waiver by either party of any breach of any provision of this contract shall not operate or be construed as a waiver of any subsequent breach.
7. Assignment or Delegation. You may not assign or delegate this agreement or any of your rights hereunder without the express written consent of MICHIGAN MOTORZ, which can be withheld at our sole discretion.
8. Relationship of the Parties. The relationship of the parties is solely that of buyer and seller and nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or employment relationship.
9. Severability. If any provision, paragraph or subparagraph of this Agreement is adjudicated by any Court to be void and unenforceable in whole or in part, such adjudication shall not be deemed to affect the validity of the remainder of the Agreement, including any other provision, paragraph or subparagraph. Each provision, paragraph or subparagraph of the Agreement is declared to be separable from each other provision, paragraph or subparagraph and constitutes a separate, distinct covenant.
10. Governing Law. This agreement shall be subject to and governed by the laws of the State of Michigan. Should for any reason the arbitration clause of this Agreement be declared invalid, You agree that any claim or dispute arising out of or related to this agreement is to be brought exclusively in the appropriate State Court located in Oakland County, Michigan. Buyer agrees to submit to such jurisdiction and that such jurisdiction is convenient.
11. Force Majeure. MICHIGAN MOTORZ will not be deemed to be in default or otherwise responsible for delays and failures in performance resulting from acts of God; acts of war or civil disturbance; epidemics; governmental action or inaction; fires; earthquakes; unavailability of labor, materials, power, or communication; or other causes beyond MICHIGAN MOTORZ’s reasonable control.
12. Dispute Resolution. You agree that any Dispute between You and Michigan Motorz will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before one arbitrator in accordance with the Federal Arbitration Act 9 USC 1 et seq, and will be limited solely to the Dispute between You and Michigan Motorz. All statute of limitations that would otherwise be applicable in a judicial action brought by a party will apply to the arbitration. In the arbitration, the parties agree that the law for the State of Michigan shall apply. The arbitration shall be in Troy, Michigan. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than AAA, the arbitrator will award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that You would have had a right to litigate disputes through a court, and that You have expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. For the purposes of this section, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (ii) the purchase or use of any product, accessory, service or otherwise from Michigan Motorz. Information may be obtained from the AAA on line at http://www.adr.org/, by calling 1-800-778-7879 or writing to 1633 Broadway, 10th Floor New York, New York 10019.13. Reservation of Rights. MICHIGAN MOTORZ expressly reserves all rights and remedies which are available to it at law or equity, including but not limited to rights and remedies set forth in the Uniform Commercial Code.
14. Third Party Beneficiaries. This Agreement will not confer any rights or remedies on any third party, other than the parties to this Agreement and their respective successors and permitted assigns.
15. Titles. Titles and headings to articles, sections, or paragraphs in this Agreement are inserted for convenience of reference only and are not intended to effect the interpretation or construction of the agreement.
16. Agreement to Govern. Any purchases by Buyer hereunder shall be governed by this Agreement and this Agreement shall prevail over any contrary or inconsistent terms contained in any order, estimate, shipment or invoicing document of either party, unless expressly incorporated herein on the face of this Agreement.
17. Complete Understanding. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. This Agreement supercedes any and all other agreements, whether oral or in writing, between the parties with respect to the subject matter hereof. Blmfield.18330.62321.761740-1
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