MOTION WHEELS’ (“MOTION WHEELS” “Company” “we”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites.
MOTION WHEELS is a trading name of MOTION WHEELS USA Limited Liability Company, a company registered in Kansas. Our registered address is 12604 W 105 Terrace Overland Park, Kansas, 66215 USA.
If you are under 16 you must let your parent or guardian know about MOTION WHEEL Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.
TERMS AND CONDITIONS
§ 1. Purchase Orders. Client shall order Products by written notice to the specified e-mails. Each order shall specify the number of units to be shipped, the type of units to be shipped (as identified by Company model number designations indicated in the Price List) including all optional features and finishes, the desired method of shipment and the delivery location. Company shall indicate its acceptance of such order by returning an Order Acknowledgement to the Client. Company agrees to ship units to Client as close as possible to the delivery schedule set forth in each order as accepted by Company, unless Company otherwise indicates in writing. Company shall not be required to honor any order which specifies a shipping date earlier than Company’s then current delivery schedule for the date such order is received by Company.
§ 2. Products Acceptance. Client agrees to inspect all products received within 2 working days and notify the Company of any damage or discrepancies.
§ 3. Shipment. Shipping dates are approximate and are based, to a great extent, on prompt receipt by Company of all necessary ordering information from Client. Client shall bear all costs of transportation and insurance and will promptly reimburse Company if Company prepays or otherwise pays for such expenses. Company shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labor shortage, transportation contingencies, severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Client, or otherwise arisen out of causes beyond the control of the Company. Nor shall the Company at any time be liable for any incidental, special or consequential damages.
§ 4. Changes or Cancellation. Once the Company has acknowledged an order from the Client by issuing an Order Acknowledgement, any changes or cancellations will be subject to change or cancellation charges for each unit cancelled. The cancellation charges, intended as liquidated damages and not penalties, will be quoted to the Client at the time of change or cancellation. These charges may be mitigated or waived by the Company at their sole discretion. After 48 hours from Company’s order confirmation to Client, all orders become non-cancellable by the Dealer for any reason.
§ 5. Drawings and Data. The Company normally supplies all necessary data for the proper installation, test, operation and maintenance of its Products. Portions of this data are proprietary in nature and will be so marked. The Client agrees to abide by the terms of such markings and to be liable for all loss or damage incurred by the Company as a result of the improper or unauthorized use of such data. The Company retains for itself all proprietary rights in and to all designs, engineering details, and other data pertaining to any Products specified in the contract and to all discoveries inventions, patent rights, etc., arising out of work done in connection with the contract and to any and all Products developed as a result thereof, including the sole right to manufacture any and all such products. The Client shall not contact the Company’s suppliers, or any other person, for the purpose of manufacture.
WARRANTY
§ 1. WARRANTY POLICY
We offer a 3-year warranty on finish / lifetime warranty coverage on structural claims excluding those resulting from improper use or damage. The finish on these parts is covered up to 3 years, excluding scratches and user neglect/error. See product care sheet for cleaning instructions and information on how to care for your wheels. Should there be any issues on the finish, i.e., chrome peeling or pitting, paint chipping, etc., it is your responsibility to have the wheel or wheels returned safely to our facility at your own expense / liability unless the claim has been pre-authorized by Company for warranty coverage. In this case, we will coordinate with you on retrieval of the wheels at our expense. Once received, we will then inspect the product and check for any issues that merit a warranty claim. Should the wheels have a warranty issue, we will fix the problem and send the wheels back to you at our expense. If it is found that the issue is not due to workmanship or quality but rather user neglect or error, then the customer is responsible for all shipping and handling charges as well as repair costs. It is also your responsibility to get the wheels back to us safely and packaged properly. We are not responsible for shipping damages. Please call us to discuss any warranty issues prior to sending the wheels. We also require that you send us photos of the problem via email prior to sending the wheels. Your approval of the specifications listed in the invoice, which are based on information you have supplied to Company, constitutes your acceptance of responsibility that such fitment specifications will properly fit the intended vehicle application. If resulting wheel manufactured by Company does not properly fit the vehicle for any reason other than a material defect or engineering mistake (excluding offsets unless not provided for approval in which case we assume liability for incorrect et’s), rework / repair charges will apply for any manufacturing required to correct the wheels. Should you receive the wheels and there is a problem with fitment, please call us and explain the problem. If the problem is, in fact, a valid fitment issue, we will instruct you about proper packaging and information regarding shipping the wheels back to us at our expense. Once received, we will fix any existing fitment problem.
§ 2. Misuse, disassembly or modification of Products. Any tampering, disassembly, misuse or negligence in handling or use of Products renders the warranty void. Further, the warranty is void if, at any time, Dealer attempts to make any changes to any of the components of the Products; if at any time the load applied to any part of the Products exceeds the rated tolerance; if any external device attached by Dealer creates conditions exceeding the tolerance of the Products; or if any time the serial number is removed or defaced. OPERATION OF THE PRODUCTS THAT RENDERS THIS WARRANTY VOID WILL BE DEFINED TO INCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN THIS PARAGRAPH, TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF THE PRODUCTS.
Promotion Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.
Intellectual Property Rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Motion Wheels Software and all HTML and other code contained in this Site. You are permitted to use the Content only as expressly authorized by Motion Wheels. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Content
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Motion Wheels tries to ensure that the information on this site is accurate and complete. Motion Wheels does not promise that Motion Wheels’ Content is accurate or error-free. Motion Wheels does not promise that the functional aspects of the Site or Motion Wheels’ Content will be error free or that this Site, Motion Wheels Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.