Terms & Conditions
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These terms and conditions shall apply to all orders entered into by and between any distributor or any end-user of the Goods, whichever the case may be (“Buyer”) and FLX BIKE
(“Seller”). These terms and conditions and any Seller quotation form submitted herewith or separately shall be collectively referred to hereinafter as the “Agreement.” Seller shall
accept orders, sell Goods, and do business only upon these terms and conditions. Any additional or
different terms in Buyer’s purchase order or other purchase documentation are
deemed material alterations to this Agreement, and Seller hereby gives notice of its objection to them. The term “Goods” means all items sold and/or provided by Seller to Buyer.
**Price.** All prices are subject to change. Prices also do not include any federal, state, or local taxes or other governmental charges upon or with respect to the sale, purchase,
manuf
acture, delivery, storage, processing, use, or consumption of any of the Goods provided hereby. Prices are stated in U.S. dollars. PayPal and all major credit cards are
accepted.
**Specifications.** Seller may, at its option, make changes in the designs, specifications or components of the Goods to improve the safety of such Goods, or if in Seller’s judgment,
such changes will be beneficial to their operation, use, or image. FLX BIKE
makes every effort to ensure that posted specifications, images, pricing and product availability are as
correct and timely as possible. FLX BIKE reserves the right to make any and all changes deemed necessary in the course of business including but not limited to pricing, product
specifications, quantities, and product availability.
**Shipping and Delivery.** FLX BIKE can ship anywhere there is a notable shipping service (i.e. UPS Ground, FedEx, DHL, etc.). FLX BIKE wil
l not provide information about
customs and international fees. Buyer is responsible for researching additional charges for customs and international delivery. Buyer is subject to these additional shipping charges.
Title to and risk of loss for the Goods shall pass to Buyer upon delivery of the Goods by Seller to the common carrier for delivery. All time frames provided by Seller, whether
verbally or in writing, are good faith estimates of the expec
ted delivery date for the Goods. Seller shall use commercially reasonable efforts to fill Buyer’s orders within the time
stated but in no event shall Seller be liable for any damages associated with Seller’s inability to meet any such time frames or deadlines, including but not limited to incidental or
consequential damages arising there from.
**Force Majuere.** Seller shall not be responsible for any delay in the delivery of, or failure to deliver, Goods due to causes
beyond Seller’s reasonable control including, without
limitation, acts of God, acts of war or terrorism, enemy actions, hostilities, strikes, labor difficulties, embargoes, non-delivery or late delivery of materials, parts and equipment or
transportation delays not caused by the fault of Seller, delays caused by civil authorities, governmental regulations or orders, fire, lightening, natural disasters or any other cause
beyond Seller’s reasonable contr
ol. In the event of any such delay, performance will be postponed by such length of time as may be reasonably necessary to compensate for the
delay.
**Assembly.** If Buyer purchases any Goods that require assembly, Buyer shall, at its expense, make all arrangements and connections necessary to install and operate the Goods
properly. Buyer shall assemble the Goods in accordance with any Seller instructions or recommendations and shall indemn
ify Seller against any and all damages, demands, suits,
causes of action, claims and expenses (including actual attorneys’ fees and costs) arising directly or indirectly out of Buyer’s failure to properly install the Goods.
**Use of Goods.** Buyer is responsible for using and maintaining the Goods properly and safely in accordance with any required laws and/or as set forth in manuals and instruction
sheets furnished by Seller.
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