By purchasing any products or services on AWE’s website (the “Site”), you, the customer or dealer, (“Customer”) accepts, without limitation or qualification, these General Terms and Conditions of Sale governing such purchase. If these General Terms and Conditions of Sale are construed to be an offer, this offer expressly limits acceptance by AWE to the terms of this offer and notice of objection to any different or additional terms is hereby given. If these General Terms and Conditions of Sale are construed to be an acceptance of an offer, this acceptance is expressly conditioned upon AWE’s assent to any different or additional terms contained in these General Terms and Conditions of Sale. These General Terms and Conditions of Sale shall constitute the complete agreement with respect to the Products or Services. If you do not agree and accept, without limitation or qualification, these General Terms and Conditions of Sale, you may not purchase from AWE. Some products are not sold for street use in any locality where regulations prohibit use. AWE does not make any claims for street legal use of these products.
I. ACCOUNTS; AMENDMENTS
Upon registration of the Customer’s user account, the Customer affirms its acceptance to these General Terms and Conditions of Sale and confirms that it has read and accepted these General Terms and Conditions of Sale. These General Terms and Conditions of Sale will apply to each order that the Customer places through the Site.
AWE may, at any time and without notice, modify these General Terms and Conditions of Sale by revising them on the website. Any purchases made after the date of any such modification shall be controlled by the modified version. Customer should therefore periodically visit this page to review the current General Terms and Conditions of Sale. Customer may not modify these General Terms and Conditions of Sale except in a writing signed by AWE. All prices are subject to change without prior notice.
C. Use of information.
THE WARRANTIES LOCATED ON THE WARRANTIES PAGE OF AWE’S WEBSITE COMPRISE AWE’S SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO CUSTOMER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION WITH THE PRODUCTS, SOFTWARE AND DOCUMENTATIONS SOLD AND SUPPLIED HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
EXCEPT AS EXPRESSLY SET FORTH WITHIN, AWE MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL AWE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT AWE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The warranties listed herein are the only remedy the Consumer or Dealer has for any loss or damage, however arising, due to nonconformity in or defect of the product. This warranty does not cover consequential damage, loss of time or revenues, labor, inconvenience, loss of use of vehicle (including rental vehicle fees), shipping, damage to the vehicle or components, or other incidental or indirect damage. AWE’s sole liability on any claim of any kind, whether in contract, tort, or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery or use of the products sold hereunder shall in no case exceed the amount actually paid to AWE for the applicable product. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
The sole and exclusive remedy of Customer against AWE shall be the repair, replacement, or issuing of credit, at AWE’s option, without additional charge to Customer for any products that AWE agrees are defective.
THE CUSTOMER AGREES THAT NO OTHER REMEDY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO IT WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, AND CUSTOMER FURTHER AGREES TO INDEMNIFY AND TO SAVE AWE HARMLESS FROM ANY LIABILITY OR OBLIGATIONS INCURRED BY OR ASSESSED AGAINST AWE TO OR BY ANY PERSONS INJURED DIRECTLY OR INDIRECTLY IN CONNECTION WITH ANY OF THE PRODUCTS, SOFTWARE OR DOCUMENTATIONS SOLD OR SUPPLIED BY AWE.
IV. ORDERS; RETURNS; PAYMENT & DELIVERY
A. Orders, Confirmations and Communications.
An order placed through the AWE website or through an AWE performance specialist or other means is binding on the Customer. AWE reserves the right to decline any order. The Customer is aware that the Site system will submit online queries to AWE order management system and that information provided to the Customer in reply is valid only at the actual time the query is submitted. Consequently, the information may change in the meantime between the query and the delivery of the product. Furthermore, the Customer’s user account may have been subject to restrictions with respect to credit limits and/or quantity of purchases. Any order in excess of such limits will automatically be rejected by AWE.
From time to time AWE may provide information to Customer pertaining to Customer’s orders and/or vehicle by way of email or other medium, and Customer may opt out of these communications at any time.
AWE aims to provide expeditious delivery to the Customer after an order has been placed. However, AWE reserves the right to adjust the delivery time for the entire or parts of any order. If a Customer wishes not to complete a purchase because of such an adjusted delivery time, then the Customer is entitled to cancel the order with respect to the delayed part. Cancellations must be notified without undue delay and should products already be in transit Customer is responsible for returning product, including all shipping, to AWE prior to receiving refund. The right to cancel is the only and exclusive remedy available to the Customer because of delays. All merchandise is in good condition when it leaves our shipping department. In the case of damage or loss, immediately notify the package carrier (UPS, FedEx, etc.) Once the package has left our facility, all responsibility for proper delivery is upon the carrier. Do not return any items to AWE without prior notification.
Customer is entitled to return non-customized, non-special order products per the terms of the AWE Warranties and Returns policies on this page.
D. Payment Options.
AWE accepts payment from qualified Customer through the Site by the following credit cards and methods: Paypal, Visa, MasterCard and American Express. AWE may also accept open account invoicing to qualified Customers upon credit approval.
E. Force Majeure.
The conditions of a delivery are contingent upon any causes beyond AWE’s control including but not limited to AWE’s inability to acquire the necessary materials, acts of God, war, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, forces of elements, strikes, labor disputes, machinery breakdowns or shortages of or inability to obtain shipping space or transportation.
AWE’S OBLIGATIONS HEREUNDER ARE SUBJECT TO CANCELLATION AND/OR RESCISSION BY AWE AT OUR OPTION. RISK OF LOSS, INJURY OR DESTRUCTION OF THE PRODUCTS SHALL PASS TO CUSTOMER UPON DELIVERY TO CARRIER.
Sales taxes, use taxes, or similar taxes will be added where imposed. All sales are made in accordance with our standard written policies. Prices and product status are subject to change without notice.
AWE also offers products through its authorized dealers and distributors. Products purchased through dealers or distributors are the property of these dealers and distributors and therefore any issues arising from these products, including but not limited to customer support, returns or warranty claims, should be handled directly with dealer or distributor. A list of these authorized distributors can be found on our Site.
V. GENERAL PROVISIONS
A. Entire Agreement.
This writing evidences the entire agreement between the parties and supersedes all prior written or oral representations or agreements. This Agreement may not be altered, modified, or waived orally, by course of performance, course of dealing or usage of trade.
A holding that any term or condition hereof is void and unenforceable shall not render void or unenforceable any other term or condition.
C. Governing Law.
All questions, disputes or actions arising in connection with this Agreement shall be construed, resolved and governed in accordance with the Commercial Code of the State of New York without regard to its conflict of law provisions and excluding the United Nations Convention on the International Sale of Goods.
D. Dealer upholding of AWE warranties and guarantees.
Every dealer or distributor must understand and uphold any and all requirements as they pertain to refunds and honor all guarantees including but not limited to Fitment Guarantees, Sound Satisfaction Guarantees, and other warranties and guarantees as published with product information and on the AWE website. Dealers and distributors will handle all refunds to customers and consumers as approved by AWE. All warranties are explained below and may change from time to time. All warranty claims or returns must be routed through the support section of the AWE website.
VI. EMISSIONS COMPLIANCE
The purchaser and/or end consumer understands that any AWE product with the "racing use only helmet" in its description may not be used on public roads within the USA. AWE makes no claims that any product with this designation is for use on public roads with the USA.