Scooter purchase agreement

Policies, Warranty, Terms & Conditions

Any person who buys a scooter, moped, ATV, dirt bike, mini chopper, motorcycle or any other product or service from this online scooter store must accept the terms and conditions of this Agreement without change. BY CLICKING THE ‘I AGREE’, ‘CONFIRM ORDER’ OR ANY OTHER SIMILAR BUTTON, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

MoriCorp Inc. / evosales.com (evosales.com) reserve the right to change the terms and conditions of this Agreement at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on faq.cfm. Changes may be posted without notice to you.

1. Customer Satisfaction. Your satisfaction is our first priority. We want to make your shopping experience with us a pleasant one. We are always here to discuss any problem or question you may have. Please contact us with any question or issue. Our main telephone number is 866-646-9696. Please take the time to read this agreement as understanding it is a major factor for a good shopping experience.

• Have a return authorization number prior to returning any item
• We can't refund any of the freight charges in or out, these will be deducted from the refund
• We charge for parts and labor if there is damage, abuse or excessive use
  
• Refunds are sent within 7 days of receipt and inspection
  

KEEP ALL PACKAGING MATERIALS; YOU WILL NOT BE ABLE TO RETURN THE SCOOTER WITHOUT COMPLETE PACKAGING.

3. Scooter Specifications. Although every effort is made to provide accurate specifications, Evosales.com makes no warranties as to the accuracy of the specifications on this site and / or provided in the user manuals. Customers receive the same scooter as show on the picture with the exception of color. Some details may change as manufacturers change / upgrade the models from time to time.

4. Order Cancellation. You may cancel your order online at anytime as long as it is not shipped. An order is considered shipped once the freight company picked it up.

5. Refused Shipment. A 10% restocking fee applies to all refused shipments. You are responsible for the return freight charges.

6. Shipping Damage. If your scooter looks like it took some damage in shipping, please do not be alarmed. Your shipment is totally covered and we take care of everything for you. If you notice the damage while the driver is there, please ask him or her to properly annotate the bill of lading with "VISIBLE DAMAGE". Please send us pictures of the damage and a copy of your bill of lading to customerservice@evosales.com. Please do not refuse your shipment unless we advise you to do so.

7. Wrong Item Received. If we ship you the wrong item, it will be replaced at no additional cost to you. Orders delivered with the wrong color receive a $20 discount – the scooter is not replaced. Engine upgrades are not considered as a wrong item – the scooter is not replaced. If you receive the wrong scooter and assemble and / or put gas in it, it is deemed as you have accepted the item change and will receive a refund of the difference if any.

8. Warranty. Scooters sold on this site come with a limited power train parts only manufacturer warranty for periods up to 36 months.

• The length of the warranty is indicated in the product description. Assume 180 days if it is not indicated.
• The manufacturer and evosales.com do not cover any labor without exception.
• SCOOTERS MARKED AS ‘CLOSEOUT’ IN THE NAME OR DESCRIPTION ARE SOLD ‘AS IS’ AND NOT COVERED BY ANY WARRANTY.
• Evosales.com reserves the right to inspect parts prior to approving replacement under the warranty.
• Customers are responsible for finding a certified mechanic to work on the scooter. Call us if you need help finding a repair shop.
  
• Some manufacturers require proof of proper maintenance to honor the warranty. Keep your oil change receipts.
  
• Some manufacturers void the warranty if the scooter is not assembled by a certified mechanic.
  

9. DOA Scooter 30 day 7% warranty. Customers are responsible for any labor cost if the scooter does not start or has any problem out of the box. Customers receive up to 5% of the total purchase price as a labor allowance if we advised to take the scooter to a shop and repairs are preformed by a licensed mechanic within 30 days of receipt of your scooter. Damage caused by shipping must be claimed from the freight company, please see Shipping Damage above.

10. Bumper to Bumper Warranty. Certain scooters on this site are offered with optional bumper to bumper warranty. If purchased, this warranty will cover all parts except the following: tires, flats, bulbs, brake pads, chain, belts, fuses, body parts, all accessories (radios, CD players, MP3, disk lock, covers...) and seat. Any damage including but not limited to mishandling, mis-assembly, misuse, accident or any other cause with the exception of manufacturer defect is not covered by the warranty. Please insure that all the nuts and bolts, locks, fuse covers and other parts and properly fastened prior to usage.

11. Assembly: CUSTOMERS ARE RESPONSIBLE FOR PROPERLY ASSEMBLING THE SCOOTER. Scooters are not difficult to assemble; however, we strongly recommend to have a licensed mechanic assemble the scooter. A mis-assembled scooter does not perform properly and may be dangerous to ride. Scooters can be professionally assembled at bicycle, motorcycle or lawnmower shops in your local area. Please contact us if you need assistance locating a shop.

12. Safety Information: Always wear a helmet and protective gear such as knee and elbow pads. Ride responsibly and do not ride at night. Do not let kids ride unattended. Always check the tire pressure and proper function of the brakes prior to riding.
Please be advised that some scooters are not street legal in some states, other states restrict the usage to riders 16 years of age and older. Please check with your local transit authorities or DMV prior to purchase and/or use. You may need a special license to ride some vehicles offered on this scooter store. For additional safety tips and information please visit US Product Safety Commission

13.INSURANCE: YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF A SCOOTER PURCHASED FROM THIS SITE. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.

14. NO OTHER WARRANTY. EVO MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. EXCEPT FOR AS DESCRIBED ABOVE, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE;
b. THAT THE PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT MALFUNCTION;
c. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EVOSALES.COM.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EVOSALES.COM DISCLAIMS ANY AND ALL SUCH WARRANTIES.

15. Limitation of Liability. EVOSALES.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THE INABILITY TO USE THE PRODUCTS, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS ONLINE SCOOTER STORE.

16. Chargeback and Collections. If you charge us back or your account is delinquent at any time, you agree to pay all costs, fees, penalties and all expense incurred in conjunction with the chargeback, arbitration and collection of your account, including but not limited to: interest, merchant processing fees, collection agency fees, collection expenses, attorney fees, legal expenses, penalties and investigation expenses.

17. Applicable Law. The laws of the state of California govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

18. General Provisions
a. Entire Agreement. This Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, verbal agreements and understandings of the parties in connection with the subject matter hereof.
b. No Agency; Third-Party Beneficiary. Evosales.com is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Evosales.com and you.
c. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
d. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Evosales.com’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Evosales.com’s right to subsequently enforce such provision or any other provisions of this Agreement.

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