Scoot-E-Bike by RAYTRONIKS, INC.

TERMS AND CONDITIONS

The sale of products and services (“Products”) by Raytroniks, Inc. and its divisions, subsidiaries, and affiliates (“Raytroniks”) to a Buyer (“Buyer”) are subject to these terms and conditions (“Agreement”) regardless of other terms or conditions in any purchase order, document, or other communication of Buyer (“Order”) or Raytroniks’ failure to object to such other terms. This Agreement may only be modified in writing signed by authorized representatives of both Raytroniks and Buyer.

This purchases on Website is not intended for persons under 18 years of age unless Parental authorization

ORDERS. Unless otherwise stated on the quote, Raytroniks’ quotes are invitations to tender and are subject to change at any time without notice. All Orders are subject to acceptance by Raytroniks. Contracts between Buyer and Raytroniks are formed upon Raytroniks’ written acceptance, Electronic Data Interchange (“EDI”) acknowledgment or execution of Buyer’s Order and are subject to this Agreement. All Orders for Products that Raytroniks identifies as non-standard or “NCNR” are non-cancelable and non-returnable. Raytroniks may identify Products as non-standard or “NCNR” by various means including quotes, Products lists, accessories, attachments or customize. Buyer may not change, cancel or reschedule Orders for standard Products without Raytroniks’ consent. Raytroniks reserves the right to allocate the sale of Products among its Buyers.

Orders will be deemed to have been placed when an email confirmation has been received from a responsible executive of the Raytroniks.

For email invitations, online fulfilment projects and direct marketing files (as provided by Raytroniks) it is a requirement of the Company, that the email piece, online form or mail piece shall be approved by the company before an order can be confirmed and any data despatched.

PRICES. Unless otherwise stated on Raytroniks’ proposal, quote or invoice, prices are for Products only and do not include taxes, freight, duties or any other charges or fees for additional services (collectively, “Additional Fees”). Unless otherwise stated on Raytroniks’ proposal, quote or invoice, Buyer is responsible for any and all Additional Fees.

All prices are payable in U. S. Dollars and are subject to change upon notice, and are subject to adjustment by Raytroniks for any change made by Buyer and approved by Raytroniks in quantities, delivery or other terms hereof, and the price of goods on order but unshipped will be adjusted to the price in effect at the time of shipment.

TERMS OF PAYMENT. Terms of payment are determined at Raytroniks’ sole discretion based on the payment option you select, and payment must be received by Raytroniks’ prior to Raytroniks’ acceptance of your order. Payment shall be made by cash, credit card, or wire transfer, unless some other pre-arranged method of payment has been accepted by Raytroniks. Checks are accepted only upon approval. You represent that your credit card usage follows all requirements of the credit card issuer. Any order is not binding unless accepted by Raytroniks Inc. Accepted orders are binding when your payment transaction is received and approved by the credit card merchant, bank or paid with cash. Accepted orders are subject to cancellation by Raytroniks’ at its sole discretion. Raytroniks is not responsible for pricing, typographical, or other errors in any offers and reserves the right to cancel any accepted orders resulting from such errors. All sales are final unless Raytroniks determines product is defected from the manufacturer. Product is not deliverable or pickup up without full approved payment.

TAXES AND OTHER CHARGES. Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Raytroniks and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Raytroniks is required to pay any such tax, duty, custom, fee, interest or charge, Buyer shall reimburse Seller therefore on demand.

RIGHT TO SUB-CONTRACT Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.

DELIVERY. Raytroniks’s delivery dates are estimates only and subject to Raytroniks’s timely receipt of supplies. Raytroniks is not liable for delays in delivery, for partial or early deliveries and Buyer shall accept delivery. Buyer may not cancel Orders based on delayed delivery of any part of an Order.

RISK OF LOSS The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.

WARRANTY. Buyer acknowledges that Raytroniks is not the manufacturer of the Products. To the extent legally and contractually permitted, Raytroniks shall pass through to Buyer any transferable Product warranties, indemnities, and remedies provided to Raytroniks by the manufacturer, including those for intellectual property infringement. If required by law, Raytroniks warrants that at the time of delivery, Products will conform to the specifications stated by the manufacturer in its published data sheet or Product Manual. All warranty claims are subject to the warranty provided in Product Manual. If Raytroniks performs value-added work such as customizing of products including accessories, Raytroniks warrants such value-add work will conform to Buyer’s written specifications accepted by Raytroniks for 60 days after Raytroniks delivery. Buyer will be deemed the manufacturer of such value-added Products and Buyer is responsible for payment of value-added work. . Raytroniks MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. Raytroniks’ warranty for defect of a product only is, at Raytroniks’ choice: (i) repair of the Products; (ii) replacement of the Products; or (iii) refund of Buyer’s purchase price for the Products and Raytroniks must be notified, in writing of defect within 15 days of purchase. Defect product must be returned to the original manufacturer. Raytroniks makes no representation or warranty with respect to Scoot-E-Bike and will have no liability in connection therewith. Unless it is specifically stated in the Buyer’s invoice or agreement, Product IS PROVIDED “AS IS” WITH NO ADDITIONAL WARRANTY.

The operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, Raytroniks disclaims all warranties, express or implied, including without limitation, implied warranties or merchantability and fitness for a particular purpose. Raytroniks does not warrant that this Website, its servers, or email sent from Website are free of viruses or other harmful components. Raytroniks will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Website uses reasonable efforts to include accurate and up-to-date information on this Website. Raytroniks assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Raytroniks shall have the right to refuse or cancel any orders placed for the product listed incorrectly.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If their laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

LIMITATION OF LIABILITY. Raytroniks’s liability to Buyer is limited to Buyer’s direct damages up to an amount not exceeding the price of the Product at issue. Raytroniks is not liable for and Buyer is not entitled to any indirect, special, incidental or consequential damages including negligence (for example, loss of profits or revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of Buyers).

FORCE MAJEURE. Raytroniks shall not be liable for any damage as a result of any delay or failure to deliver due to any cause beyond Seller’s reasonable control, including, without limitation, any act of God, act of Buyer, embargo or other governmental act, regulation or request, flood, fire, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay.

USE OF PRODUCTS. Buyer shall comply with the manufacturer’s Product specifications. Buyer must read Product Manual and Product Specification for safety use and warnings. Buyer must check local, state and Federal laws for use of Product in their state or country. If Buyer fails to comply with the manufacturer’s Product specifications and use, Buyer acknowledges that such use, sale, or non-compliance is at Buyer’s sole risk. Buyer shall indemnify, defend and hold Raytroniks harmless from any claims based on: (i) Raytroniks’s compliance with Buyer’s designs, specifications, or instructions, (ii) modification of any Product by anyone other than Raytroniks, or (iii) use of Products in combination with other products or in violation of this clause. Raytroniks highly recommend that Buyer wears proper safety gear when using Product.

ELECTRONIC ORDERS. When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions apply to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

GENERAL.

  1. This Agreement shall be governed, construed, and enforced in accordance with the laws of the country where the Raytroniks entity that accepted Buyer’s Order (“Governing Country”) is located without reference to the conflict of laws principles. If the Governing Country is the United States of America, the laws and courts of the State of California will apply. The United Nations Convention for the International Sale of Goods shall not apply. The courts of the Governing Country shall have jurisdiction and venue over all controversies arising out of, or relating to, this Agreement.

This Website and the entire contents contained on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of ABC. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Raytroniks, Inc.

  1. Buyer may not assign this Agreement without Raytroniks’s prior written consent. Raytroniks’s affiliates may perform Raytroniks’s obligations under this Agreement. This Agreement is binding on successors and assigns.
  2. The unenforceability or invalidity of any of these terms or conditions will not affect the remainder of the terms or conditions.
  3. Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights, and user licenses, and Buyer shall comply with such rights.
  4. The parties agree that electronic signatures may be used and will be legally valid, effective, and enforceable.
  5. Product information (for example, statements or advice (technical or otherwise) advertisement content, and information related to a Product’s specifications, features, export/import control classifications, uses or conformance with legal or other requirements) is provided by Raytroniks on an “AS IS” basis and does not form a part of the properties of the Product. Raytroniks makes no representation as to the accuracy or completeness of the Product information, and DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES UNDER ANY THEORY WITH RESPECT TO THE PRODUCT INFORMATION. Raytroniks recommends Buyer validate any Product Information before using or acting on such information. All Product information is subject to change without notice. Raytroniks is not responsible for typographical or other errors or omissions in Product information.
  6. Raytroniks reserves the right to change or modify any of the terms contained in these Terms & Conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

Governing Language. The English-language version of these Terms and Conditions shall govern and control any translation thereof into any other language.

Cancellation. In the event of a cancellation of order, any completed portion of the order will be invoiced and payable at the price specified herein. All special materials, tooling, and equipment procured for the performance of the order will be invoiced and payable in the amount of Seller’s cost.

To advise you how we handle your personal data that is gathered online, please see our privacy policy at the following URL: http://www.raytroniks.com/privacy/.

2016 Raytroniks ALL RIGHTS RESERVED.