Terms and Conditions
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.
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, manufacture, 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.
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.). US Shipments typically ship in 1-3 business days and are delivered within 7-10 business days. Orders outside the US ship within 3-5 business days and may take up to 30 business days for delivery. FLX BIKE will 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 duty 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 expected 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 therefrom. Should the buyer choose to opt out of the charge for Delivery Confirmation Signature, seller will not be held responsible for any lost, stolen, or damaged goods upon delivery.
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 control. 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.
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 indemnify 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.
FLX BIKE warrants that all new FLX products are warranted to the Buyer against manufacturing defects in materials and/or workmanship for a period of (1) year from the date of delivery. The warranty period is calculated from the point of delivery. The original receipt of purchase is required to establish proof of purchase and must be provided to FLX BIKE for all warranty claims. FLX BIKE will require the customer to complete a MANDATORY standard procedure for warranty claims that will involve media such as photos and videos to help FLX BIKE after sales staff establish the fault with the product.
Only the individual components themselves are covered by the warranty. The removal, assembly, and tuning requirements of the component is borne by the customer making the claim. The costs/inconvenience caused by the loss of use of the product, is not covered whilst the warranty procedure takes place. The warranty for replacement components will be based on the date of delivery. Under no circumstance will a replacement component have a warranty date different than the original date of delivery. If a replacement is necessary due to a defect in materials and/or workmanship, then upon return to FLX, the component will be replaced during the warranty period.
FLX will have no obligation under this limited warranty in the event the product is damaged or destroyed as a result of any of the following events: component use on a non FLX product, damage or destruction by abuse; collision; theft; improper maintenance or mishandling of the product; natural forces such as wind, lightning, hail, etc.; any willful or negligent act; penetration, or opening of the product casings in any manner. Replacement will be honored only by FLX.
This is FLX’s exclusive warranty. No party is granted express or implied authority to change or annul this warranty in any manner. Implied warranty including that of merchant-ability and fitness for a particular purpose are expressly limited in duration to the duration of this warranty. FLX disclaims any liability for special, incidental or consequential damages.
This warranty is not meant to suggest or imply that the products cannot be broken or will last forever. It does mean that the product is covered subject to the terms of the warranty. This warranty applies only to the original Buyer of the product and is not transferable to subsequent owners or any other party. This warranty is void if the product is subjected to abuse, neglect, improper repair, improper maintenance, alteration, modification, an accident or other abnormal, excessive, or improper use, at the sole discretion of FLX.
This warranty does not cover:
• normal wear and tear
• damage or failure from abuse, neglect, misuse, or accident
• damage from stunt riding, ramp jumping, acrobatics, competitive events, such as bicycle racing, bicycle motocross racing, or similar activities or any activity that is not consistent with the intended use of the product
• damages resulting from improper charging of the battery pack or use of any charger not supplied by FLX
•The Battery, like all lithium-ion batteries, will experience gradual energy or power loss with time and use. Loss of Battery energy or power over time or due to or resulting from Battery usage, is not covered under Warranty.
• installation of any parts, accessories, or electrical component(s) not originally intended for or compatible with the product as sold, or any modification of the frame or any component(s) originally supplied; tires, brake pads, chains, lights, motors, battery packs, displays, or vehicle controllers that have been opened for any purpose whatsoever, other than by FLX
• All warranties are void if the product is used for any purpose other than the reasonable intended use of the product. Additionally, this warranty does not cover damage associated with commercial use.
• Aftermarket components or modifications
All implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited in duration to that of the express warranties stated above.
Proof of purchase must be provided. To qualify for warranty services, a Warranty Product Return Authorization Number (“WPRAN”) must be obtained by the original purchaser from FLX. The original Purchaser must contact a FLX representative to discuss the problem with the product and to obtain a WPRAN. Upon issuance of a WPRAN, the product component(s) must be returned to FLX. The original Purchaser is responsible for the return of the product, undamaged in transit, to FLX for warranty work and for the costs associated with shipping the component(s) when returning them. If FLX BIKE determines a warranty claim is valid and conforms with this warranty, FLX will replace component(s). For valid warranty claims hereunder, FLX will reimburse the original Purchaser for shipping costs incurred as a result (excluding shipping supplies) of returning the product to FLX for warranty work at standard ground shipping rates, and FLX will pay for shipping costs to return the product to the original.
Unless otherwise provided, the sole remedy under the above warranty, or any implied warranty, is limited to the replacement of defective parts at the sole discretion of FLX BIKE. In no event shall FLX BIKE be responsible for direct, incidental or consequential damages, including, without limitation, damages for personal injury, property damage, or economic losses, whether based on contract, warranty, negligence, product liability, or any other theory.
Buyer may request to modify an order before it has been shipped or within 10 days of purchase, whichever is sooner. After the modification period, Buyer is subject to a minimum $100 administration fee at manufacturer’s discretion. All modifications are subject to availability. There is no guarantee these modifications can be made unless approved by FLX BIKE. To file a modification claim, email email@example.com with your original order confirmation.
Our extensive quality control means that our products are thoroughly tested and ultra-reliable by industry standards. All products are warranted to work as described on arrival and for the warranty period. If there is a warranty claim, it will be assessed by FLX BIKE and new parts will be delivered upon claim’s approval. FLX BIKE will accept the return of warranted components. If there is a major fault with the product, contact FLX BIKE immediately. FLX BIKE will not accept returns for change of mind. When applicable, FLX reserves the right to charge shipping and restocking fees.
Please contact us at firstname.lastname@example.org
FLX Performance LLC
4170 Morena Blvd. Ste D
San Diego, CA 92117