Customer Service 214-443-8389
- EXCEPT AS STATED ELSEWHERE IN THIS DOCUMENT, ANY WARRANTY ON THE PRODUCTS SOLD HEREBY ARE THOSE MADE BY THE MANUFACTURER. THE SELLER HEREIN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES ON PARTS, PRODUCTS AND ASSOCIATED LABOR, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF SAID PRODUCTS. SELLER ASSUMES NO RESPONSIBILITY FOR CONSEQUENTIAL DAMAGES, LOSS OF USE OF THE VEHICLE, LOSS OF TIME, INCONVENIENCE, OR COMMERCIAL LOSS.
- Seller is not responsible for unavailability of parts, products and/or merchandise or delays in shipment of parts, products and/or merchandise beyond Seller's control. Payment for all special order parts, products and/or merchandise must be paid for before delivery.
- Seller does not guarantee dates or times of delivery of parts, products and/or merchandise. Seller's personnel have no authority to promise or guarantee dates or times of delivery of parts, products and/or merchandise. Any dates or times discussed are estimates only.
- Terms are cash on delivery or when ordering.
- All returned parts, products and/or merchandise are subject to a 30% handling charge and must be returned in original packaging. Parts, products and/or merchandise which have been used, installed and removed and electrical parts are non-returnable. Credit will not be issued and exchange will not be allowed without inspection of items. No refunds or exchanges allowed after 30 days or without the original invoice.
- This Agreement is made according to the laws of the State of Texas. The parties expressly agree that this Agreement is governed by and will be construed and enforced in accordance with Texas law, without regard to conflicts of law principles. The parties further agree to submit to the exclusive jurisdiction of the State Courts of the State of Texas for any lawsuit arising from this Agreement, and that the State District and/or County Courts for Tarrant County, Texas, shall be the only appropriate venue for resolution of such disputes, and the parties waive any objection to venue laid therein.
- LIMIT OF LIABILITY. Notwithstanding anything to the contrary herein, Seller's maximum liability arising out of or in connection with this Agreement, whether in contract, tort or otherwise, including attorney's fees, shall in no circumstances exceed the amounts paid by customer under this Agreement. Customer releases Seller from, and agrees that Seller shall not be liable for consequential damages, lost profits, punitive damages, loss of good will, and any other loss or damage which does not arise as a direct consequence of the Seller's default in question.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Motopia. The collective work includes works that are licensed to Motopia. Copyright 2008, Motopia, LLC, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Motopia or purchasing Motopia's products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Motopia or to purchase Motopia's products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Motopia. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Motopia used in the site are trademarks or registered trademarks of Motopia.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Motopia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Motopia does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Motopia does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Motopia shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Mootpia has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Motopia product is mistakenly listed at an incorrect price, Motopia reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Motopia reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Motopia shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Motopia without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Motopia may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Motopia.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Motopia products) shall be in the state or federal courts located in Austin, TX. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Motopia products) must be commenced within six (6) months after the claim or cause of action arises. Motopia's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Motopia may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Motopia or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Motopia does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Motopia is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Motopia reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Motopia in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Motopia its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Motopia may link to sites operated by third parties. However, even if the third party is affiliated with Motopia, Motopia has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Motopia. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Motopia seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
