EFFECTIVE 5-1-2017
PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY
THE TERMS AND CONDITIONS OF PRODUCT SALES AND SERVICE PROJECTS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING THE DV8 OFF ROAD AFFILIATE IDENTIFED ON THE INVOICE, STATEMENT OF WORK, SALES ORDER, OR OTHER DV8 OFF ROAD DOCUMENTATION ("SELLER") TO PROVIDE PRODUCT OR PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN ANYTHING NOT ADDRESSED SPECIFCALLY HEREIN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON ANY SELLER WEBSITE OR MOBILE APPLICATION DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER UNLESS STATED.
Important Information About These Terms and Conditions
These Terms and Conditions constitute a binding contract between Customer and Seller (“DV8 Off Road”, and or “DV8”)and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on any Seller Website or Mobile Application (each, a "Site") or otherwise requesting products (the "Products") or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on a Site at the time Customer places an order, accepts a sales order, or signs a Statement of Work will govern the order in question, unless otherwise agreed in writing by Seller and Customer.Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Seller. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice, or any document in electronic or written form that is signed and delivered by each of the parties for the performance of Services other than Third Party Services (each, a "Statement of Work"). This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
Governing Law
THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN MARICOPA COUNTY, ARIZONA, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
Risk of Loss
Title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the carrier. (F.O.B. Origin, Freight Prepaid), or (F.O.B Origin, Freight Prepaid / Charged Back). If Customer provides Seller with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the carrier (F.O.B. Origin, freight collect).
Services
Customers may order products and/or services from or through Seller from time to time. Certain Services, including, but not limited to, third party products or services, vehicle tuner(s), are sold by Seller as a distributor or sales agent ("Third Party Services").
In the case of Third Party Services, the third party shall be the party responsible for providing the services to the Customer and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. Customer hereby releases Seller and the entities that control, are controlled by, or are under common control with Seller ("Affiliates") from any and all claims arising from or relating to the purchase or provision of any such Third Parties Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by Seller will be collected solely in the capacity as an independent sales agent.
Here Services are ordered in a Statement of Work or Sales Order, each Statement of Work or Sales Order hereby incorporates these Terms and Conditions and constitutes a separate agreement with respect to the Services performed. Seller, or any of its Affiliates on behalf of Seller, may execute a Statement of Work or Sales Order. In the event of an addition to or a conflict between any term or condition of the Statement of Work or Sales Order and these Terms and Conditions, these Terms and Conditions will control, except as expressly amended in the applicable Statement of Work or Sales Order by specific reference to this Agreement. Each such amendment will be applicable only with respect to such Statement of Work or Sales Order and not to future Statements of Work or future Sales Orders. Changes to the scope of the Services described in a Statement of Work or Sales Order will be made only in a writing executed by authorized representatives of both parties. Seller will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both parties. All such changes to the scope of the Services will be governed by these Terms and Conditions and the applicable Statement of Work or Sales Order. Each Statement of Work or Sales Order may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original.
Cooperation
In addition to any specific Customer duties set forth in any applicable Statement of Work or Sales Order, Customer agrees to cooperate with Seller in connection with performance of the Services by providing: (i) timely responses to Seller's inquiries and requests for approvals and authorizations, (ii) access to any information or materials reasonably requested by Seller which are necessary or useful as determined by Seller in connection with providing the Services, including, but not limited to, physical and computer access to Customer's vehicle and (iii) all Required Consents necessary for Seller to provide the Services. "Required Consents" means consents or approvals required to give Seller, its Affiliates, and its and their subcontractors the right or license to access, use and modify all parts OEM and third party products. Customer acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Customer and the knowledge and cooperation of the agents, employees or subcontractors ("Personnel") engaged or appointed by Customer who are selected by Customer to work with Seller.
Seller will follow all reasonable Customer security rules and procedures, as communicated in writing by Customer to Seller from time to time.
Access
Seller may perform the Services at Customer's place of business, at Seller's own facilities or such other locations as Seller and Customer deem appropriate. When the Services are performed at Customer's premises, Seller will attempt to perform such Services within Customer's normal business hours unless otherwise jointly agreed to by the parties. Customer will also provide Seller access to Customer's staff and any other Customer resources (and when the Services are provided at another location designated by Customer, the staff and resources at such location) that Seller determines are useful or necessary for Seller to provide the Services. When the Services are provided on Customer's premises or at another location designated by Customer, Customer agrees to maintain adequate insurance coverage to protect Seller and Customer's premises and to indemnify and hold Seller and its Affiliates, and its and their agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys' fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than solely as a result of Seller's gross negligence or willful misconduct.
Payment
Orders are not binding upon Seller until accepted by Seller. Standard orders placed on any website(s) are paid in full at time of order during the check-out process. Any other orders unless agreed upon in writing separately Customer agrees to pay 50% of the total purchase price before the Products will be made. The additional 50% plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to Seller as a result of using Customer's carrier account number is due before the product will be shipped from the Seller’s and or supplier’s facility. Terms of payment are within Seller's sole discretion. In connection with Services being performed or product being supplied, pursuant to a Statement of Work, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work or Sales Order. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due upon delivery and payable before transfer of possession measured from the date of invoice, subject to continuing credit approval by Seller. Seller, or any of its Affiliates on behalf of Seller may issue an invoice to Customer. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Products and/or Services described in a Statement of Work or Sales Order or any portion thereof. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work or Sales Order, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of Seller's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received. Customer hereby grants to Seller a security interest in the Products to secure payment in full. Customer authorizes Seller to file a financing statement reflecting such security interest.
Except as otherwise specified on an applicable Statement of Work or Sales Order, Customer will reimburse Seller for all reasonable out-of-pocket expenses incurred by Seller in connection with the performance of the Services, including, but not limited to, travel and living expenses.
Export Sales
If this transaction involves an export of items (including, but not limited to, commodities, hard parts, electronics, software or technology) subject to the Export Administration Regulations, such items were exported from the United States by Seller in accordance with the Export Administration Regulations. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List. In addition, manufacturers' warranties for exported Products may vary or may be null and void for Products exported outside the United States.
Warranties
DV8 Off Road warrants all parts of its manufacture, furnished under this agreement, to be free from defects in workmanship and material for a period of ONE YEAR from the date of purchase. This limited warranty covers the cost of the product.
This limited warranty does not cover:
• installation,
• labor,
• freight,
• normal wear and tear,
• abuse,
• damage caused by mis-use, or
• damage caused by collision.
This limited warranty does not cover any consequential damages, including but not limited to the expense of being without the vehicle during inspection or repair/replacement period, delay, or mileage. Additionally, any and all implied warranties (including the warranty of fitness or merchantability) are limited for a period of one year from the date of purchase. This limited warranty is void if the product shows signs of alteration, modification, misuse, mishandling, improper care, and/or neglect. Also, this limited warranty is void in the event of improper installation. The liability of DV8 Off Road under this warranty is limited, and at DV8 Off Road option, solely to repair or replacement with equivalent products within a reasonable time.
This limited warranty is conditioned upon
• DV8 Off Road being notified by Purchaser within one month after discovery of any defects,
• the return of the defective product(s) to DV8 Off Road at Purchaser's expense within the limited warranty period; and
• DV8 Off Road examination of such product(s) and its satisfaction that such defects were not caused by negligence, misuse, improper maintenance, accident, or unauthorized repair or alteration.
The original limited warranty period of any product repaired or replaced by DV8 Off Road shall not thereby be extended. During the warranty period, this limited warranty is not transferable.
Customer understands that when Seller is not the manufacturer of the Products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Seller or its Affiliates. In purchasing the Products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the Products that may be provided by Seller or its Affiliates. SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer expressly waives any claim that it may have against Seller or its Affiliates based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a "Claim") with respect to any Product and also waives any right to indemnification from Seller or its Affiliates against any such Claim made against Customer by a third party. Customer acknowledges that no employee of Seller or its Affiliates is authorized to make any representation or warranty on behalf of Seller or any of its Affiliates that is not in this Agreement.
Seller warrants that the Product and /or Services will be quality and performed in a good and workmanlike manner. Customer's sole and exclusive remedy and Seller's entire liability with respect to this warranty will be, at the sole option of Seller, to either (a) use its reasonable commercial efforts to reperform or cause to be reperformed any Services not in substantial compliance with this warranty or (b) refund amounts paid by Customer related to the portion of the Services not in substantial compliance; provided, in each case, Customer notifies Seller in writing within five (5) business days after performance of the applicable Services. EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT EXPRESSLY AMENDS SELLER'S WARRANTY, AND SUBJECT TO APPLICABLE LAW, SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NON-INFRINGEMENT) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY.
Seller will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in delivery or in performance which result from any circumstances beyond Seller's reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Seller or any purported deadlines contained in a Statement of Work or any other document are estimates only.
Pricing Information; Availability Disclaimer
Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer's orders. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.
Credits
Any credit issued by Seller to Customer for any reason must be used within one (1) year from the date that the credit was issued and may only be used for future purchases of Products and/or Services. Any credit or portion thereof not used within the one (1) year period will automatically expire.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUC T FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. (E) ANY LIABILITY FROM THE MODIFICATION OF CUSTOMERS VEHICLE BY DRILLING, CUTTING, REMOVING, INSTALLING, OR CHANGING ANY COMPONENT INSTALLED BY THE FACTORY THAT MAY CHANGE THE FACTORY WARRANTY OR CAUSE ANY CHANGE OF TITLE OF VEHICLE STATUS. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM; OR (B) $50,000.00.
Limited License
Customer's sole rights to the work product, materials and other deliverables to be provided or created (individually or jointly) in connection with the Services, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, know-how, data, designs, models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information (whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights) or discovered in the course of performance of this Agreement that are embodied in such work or materials ("Work Product") will be, upon payment in full, a non-transferable, non-exclusive, royalty-free license to use such Work Products solely for Customer's internal use. Customer will have no ownership or other property rights thereto and Customer shall have no right to use any such Work Product for any other purpose whatsoever. Customer acknowledges that Sellers may incorporate intellectual property created by third parties into the Work Product ("Third Party Intellectual Property"). Customer agrees that its right to use the Work Product containing Third Party Intellectual Property may be subject to the rights of third parties and limited by agreements with such third parties.
Confidential Information
Each party anticipates that it may be necessary to provide access to information of a confidential nature of such party, the Affiliates or a third party (hereinafter referred to as "Confidential Information") to the other party in the performance of this Agreement and any Statement of Work or Sales Order. "Confidential Information" means any information or data in oral, electronic or written form which the receiving party knows or has reason to know is proprietary or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party may have access to in connection with this Agreement, including but not limited to the terms and conditions of each Statement of Work or Sales Order. Confidential Information will not include information which: (a) becomes known to the public through no act of the receiving party; (b) was known to the receiving party, or becomes known to the receiving party from a third party having the right to disclose it and having no obligation of confidentiality to the disclosing party with respect to the applicable information; or (c) is independently developed by agents, employees or subcontractors of the receiving party who have not had access to such information. To the extent practicable, Confidential Information should be clearly identified or labeled as such by the disclosing party at the time of disclosure or as promptly thereafter as possible, however, failure to so identify or label such Confidential Information will not be evidence that such information is not confidential or protectable.
Each party agrees to hold the other party's Confidential Information confidential for a period of three (3) years following the date of disclosure and to do so in a manner at least as protective as it holds its own Confidential Information of like kind but to use no less than a reasonable degree of care. Disclosures of the other party's Confidential Information will be restricted (i) to those individuals who are participating in the performance of this Agreement or the applicable Statement of Work or Sales Order and need to know such Confidential Information for purposes of providing or receiving the Products or Services or otherwise in connection with this Agreement or the applicable Statement of Work or Sales Order, or (ii) to its business, legal and financial advisors, each on a confidential basis. Each party agrees not to use any Confidential Information of the other party for any purpose other than the business purposes contemplated by this Agreement and the applicable Statement of Work or Sales Order. Upon the written request of a party, the other party will either return or certify the destruction of the Confidential Information of the other party.
If a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding or by any governmental or regulatory authority, to disclose Confidential Information of the other party, the receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential treatment of the Confidential Information so disclosed.
Return Privileges
RETURN POLICY - DV8 Off Road products may only be returned with a valid Return Authorization Number and if upon delivery the product is damaged. During shipping scrapes and scratches may occur which are normal and would not qualify for return. If the scrapes and/or scratches are minor, please send pictures to our email (sales@dv8offroad.com). Once received we will determine the next course of action. Please include receipt, freight company, and the best way to contact you.
All claims must be made within 24 hours of the product(s) being received to be considered. Damage claims can be initiated by email or phone (951-680-9595). If the product needs to be returned because of freight damage, we will require pictures to be taken of the damage and pictures once the product is packed for return. This will prevent any additional charges or freight claims once the item is returned.
When returning a product DV8 Off Road will arrange a pick-up date. The product(s) must be packaged in the same manner as received or charges may apply. Customers may choose to bring product(s) to our warehouse and MUST call 24 hours prior to arrange drop off time.
*Discounted floor model items under our "Garage Sale" listings are non-returnable.
REFUND / EXCHANGE POLICY – The following conditions apply:
Returns
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at sales@dv8offroad.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@dv8offroad.com and send your item to: 555 E Queen Creek Rd #A, Chandler, AZ 85286.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Shipping
To return your product, you should mail your product to: 555 E Queen Creek Rd #A, Chandler, AZ 85286
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
A 25% Restocking Fee applies (provided item(s) is repacked properly & items are in new, sellable condition). Returns and Exchanges are accepted only on items with a minimum purchase price of $25.00.
We require pictures to be taken of the item(s) if the product has been opened and pictures of the packed item(s) before shipping to compare with the item(s) when they arrive. This will prevent any additional charges for damages that may occur while in transit.
Products may only be returned with a valid Return Authorization Number. If an item is shipped to DV8 Off Road without a valid Return Authorization Number the item will not be accepted and will be returned to sender.
Refunds/Exchanges are only processed after inspection by our staff. Please allow 30 - 45 days for refund credits to appear. Timing for credit to appear on credit card statements may vary by card issuer and may not show up until the next billing cycle statement even after refund processing time described above.
Contact our sales office for any refund/exchanges.
Shipping is non-refundable. Items purchased originally with Free Shipping will have standard ground shipping fees deducted from the refund.
*Discounted floor model items under our "Garage Sale" listings are non-refundable.
ORDER CHANGE / CANCELLATION POLICY - Any orders that have been received by DV8 Off Road may be canceled or changed with no penalty within the first 72 hours of placing the order. Any DV8 Off Road manufactured product will carry a change / cancelation fee of 10% of the total order after the initial time. Any 3rd party vendor product (i.e. - lights, shocks, tires, etc) included will carry a 20% change / cancelation fee for that product after the initial time.
INTERNAL RETURN (RMA) POLICY:
• Completed RMA form must be provided to Manager with the below included
◦ Correct RMA # matching order
◦ Credit type for refund
◦ Correct sku/part#
◦ Reason for return
◦ Images of product before and after packed
• All freight claims must be made within 24 hours of the product(s) being received to be considered.
• Discounted floor model items under our "Garage Sale" listings are non-returnable.
• A 25% Restocking Fee applies (provided item(s) is repacked properly & items are in new, sellable condition).
• Returns and Exchanges are accepted only on items with a minimum purchase price of $25.00.
• If an item is shipped to DV8 Off Road without a valid RMA the item will not be accepted and will be returned to sender.
• Shipping is non-refundable. Items purchased originally with Free Shipping will have standard ground shipping fees deducted from the refund.
INTERNAL ORDER CHANGE / CANCELLATION POLICY:
• Any orders within the first 72 hours of placing the order will not be charged a cancellation fee
• Any DV8 Off Road manufactured product will carry a change / cancelation fee of 10%
• Any 3rd party vendor product (i.e. - lights, shocks, tires, etc) will have a cancelation fee of 20% change
90 DAY POLICY - All products that that have not been scheduled for pick-up or delivery after 90 days from the date of completion are subject to forfeiture of ownership and forfeiture of any monetary amounts that have been paid. Any products or items left over 90 days are subject to forfeiture of ownership and are subject to storage and/or disposal fees.
SHIPPING POLICY - Shipping to and from DV8 Off Road is at the customer's expense and varies according to weight, size, shipping type and location, this is inclusive of Returns. Any DV8 Off Road manufactured products that are shipped within the Continental United States (48 states) by truck freight will be treated in the following way:
• DV8 offers free shipping on web orders for non-oversized products.
• Any product ordered as part of a bumper order (i.e. lights and or winches to mount in same bumper order) will be included at no additional charge to the same shipment to the same destination so long as that product is in stock and can ship with the DV8 Off Road manufactured product in the same pallet / package. No additional shipping charges will apply for accessories in the same shipment so long as they are not drop shipped from the vendor directly or shipped separate from the main order. Small package rules will apply for anything outside of this. Separating any order into multiple shipments will be treated as separate orders and all shipping rules will apply to each individual shipment.
• Any items that are shipped from DV8 Off Road dock to a destination that must be re-directed after it has left will be charged back to the customer at full cost for the re-direct / change fees associated before the delivery is changed and delivered. Any freight shipments to a residential or rural address will also carry an additional $80.00 charge.
• Any items over standard pallet size (Standard size is - 87Lx46Wx20-50T) in single item will be charged at actual shipping fees related to the product shipment. This would-be items that are very large like hard tops. Your sales representative will assist in pricing for shipments that require larger than standard size pallets.
• Customers are responsible for any customs, taxes, or other fees associated with any shipment at all times.
Any DV8 Off Road manufactured products that are shipped by small package or any product not manufactured by DV8 Off Road including any drop ships from outside vendors or shipped outside of the Continental United States (48 states) will be treated in the following way:
• Each item will be packaged and priced for each shipment and all related costs associated will be charged to the end user to get the product delivered. All Freight Carrier, UPS, FED-EX, or USPS charges related to that shipment are the sole responsibility of the customer to be paid in full in advance of the shipment leaving DV8 Off Road shipping department.
• Any items that are shipped from DV8 Off Road dock to a destination that must be re-directed after it has left will be charged back to the customer at full cost for the re-direct / change fees associated before the delivery is changed and delivered.
• Customers are responsible for any customs, taxes, or other fees associated with any shipment at all times.
CUSTOM PRODUCTS - In many cases DV8 Off Road products can be modified to meet your custom requests. Additional charges and longer lead times may apply. All custom product orders are non-cancellable and non-returnable, no exceptions. Examples of NCNR items can include; OEM products, custom calibrations, special orders, custom panels, non-standard powder-coat and private label logos.
DV8 Off Road allows Customer return to return third party products based on the policies of the original product manufacturer. Software is not returnable if the packaging has been opened. If any third party software was distributed electronically, it is not returnable if the licenses were downloaded. For additional information see DV8 Off Road's full Product Return Policy above or by the following link: Return Policy. Customers should contact DV8 Off Road Customer Relations at DV8 Off Road or e-mail at Customer Relations to initiate a return or for additional information. Customers must notify DV8 Off Road Customer Relations of any damaged Products within fifteen (3) days of receipt.
Termination
Either party may terminate performance of a Service or a Statement of Work or Sales Order for cause if the other party fails to cure a material default in the time period specified herein. Any material default must be specifically identified in a written notice of termination. After written notice, the notified party will, subject to the provision of warranties herein, have thirty (30) days to remedy its performance except that it will only have ten (10) days to remedy any monetary default. Failure to remedy any material default within the applicable time period provided for herein will give cause for immediate termination, unless such default is incapable of being cured within the time period in which case the defaulting party will not be in breach (except for Customer's payment obligations) if it used its reasonable efforts to cure the default. In the event of any termination of the Services or a Statement of Work or Sales Order, Customer will pay Seller for all Services performed and expenses incur red up to and including the date of termination plus any termination fee if one is set forth in the applicable Statement of Work or Sales Order or by the terms set forth herein. In such event Customer will also pay Seller for any out-of-pocket demobilization or other direct costs resulting from termination. Upon termination, all rights and obligations of the parties under this Agreement will automatically terminate except for any right of action occurring prior to termination, payment obligations and obligations that expressly or by implication are intended to survive termination (including, but not limited to, limitation of liability, indemnity, confidentiality, or licensing of Work Product and this survival provision).
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or Sales Order or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work or Sales Order (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in MESA, ARIZONA. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Seller arising out of the Products or Services will be exclusively litigated in court rather than through arbitration.
Miscellaneous
Seller may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products or the performance of Services or assign the right to receive payments, without Customer's consent. Customer may not assign these Terms and Conditions, or any of its rights or obligations herein without the prior written consent of Seller. Subject to the restrictions in assignment contained herein, these Terms and Conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns. No provision of this Agreement or any Statement of Work will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties. The relationship between Seller and Customer is that of independent contractors and not that of employer/employee, partnership or joint venture. Customer shall not at any time reverse engineer, duplicate, or copy or cause any third party to reverse engineer, duplicate, or copy any of Sellers products in part or whole. If any term or condition of this Agreement or a Statement of Work is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or conditions hereof or thereof or the whole of this Agreement or the applicable Statement of Work. Notices provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three (3) days after mailing if mailed postage prepaid by regular mail or airmail or one (1) day after such notice is sent by courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights.