Terms and Conditions of Sale for Kawasaki Motors Corp., U.S.A. Websites
1. Products. The only products available for sale on the kawasaki.com website (the "Web Site") are Kawasaki service manuals and owner's manuals (the "Products").
2. Acceptance. These Terms and Conditions of Sale (the “Terms”) are applicable to any order for any Kawasaki Product available on the Web Site, and are deemed accepted by you upon your submission of any such order. Kawasaki Motors Corp., U.S.A. (“KMC”) will not be bound by any message or material received from you at variance with these Terms. It is expressly understood that no agent, employee or representative of KMC is authorized to change, waive, alter or modify these Terms.
4. Prices and Terms of Sale. Prices and terms of sale for all Products available through the Web Site will be those in effect on the date of shipment. KMC reserves the right to change prices for Products displayed on the Web Site at any time. KMC will charge Purchaser’s credit card upon shipment. Prices do not include shipping and handling, which are stated separately at checkout.
5. Shipping and Handling; Risk of Loss. In some instances Kawasaki Products shown as available for sale on the Web Site may be temporarily out of stock. KMC will ship backordered items as soon as possible and other items immediately after processing your order. KMC will use its discretion in selecting a reputable carrier and appropriate means of shipment for Kawasaki Products purchased on the Web Site. You assume the risk of loss or damage to Kawasaki Products in transit. In the event of damage or loss during transit, it is your responsibility to file a claim with the carrier.
6. Taxes. Prices for Kawasaki Products do not include any federal, state or local taxes. You agree to pay in addition to the prices specified on the Web Site, all such taxes, present or future, applicable to the sale or use of the Kawasaki Products sold. You will be advised at checkout of the amount of sales tax applicable to your purchase, computed on the basis of the stated ship-to address and the sales tax rate in effect at the time of purchase.
7. Returns. KMC strives to be sure that you are satisfied with your purchase. If any purchase does not meet your expectations, you may return it within thirty (30) days of the date it was delivered. To assist you in the return and prompt handling of your Kawasaki Product purchased, at the bottom of the Kawasaki Product’s packing list, in the “Return Form” section, please indicate the item quantity and reason for your return. Pack your Kawasaki Product for return in the original packaging and send it to Kawasaki Motors Corp., U.S.A., Customer Returns, 9950 Jeronimo Road, Irvine, California 92618. We encourage you to insure all return shipments for loss, damage or theft. Upon the processing of your return shipment, credit card purchases will be refunded to your credit card issuer.
8. Warranty. KMC makes no warranties except for the Limited Ninety (90) Day Warranty applicable to new Kawasaki accessories. Enforcing the terms of KMC’s Limited Ninety (90) Day Warranty for new Kawasaki accessories shall constitute your sole remedy and the sole liability of KMC, whether on warranty, contract or negligence grounds, with regard to any actual or alleged defect in the condition or performance of any Kawasaki accessory. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, KMC GIVES NO EXPRESS OR IMPLIED WARRANTIES OR OBLIGATIONS AS TO THE QUALITY OR CONDITION OF THE KAWASAKI PRODUCT PURCHASED HEREUNDER OR AS TO THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND SUCH REMEDIES AS ARE SPECIFIED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER OBLIGATIONS ON THE PART OF KMC.
9. Disclaimer. Since a certain basic knowledge of mechanics, the proper use of tools, and workshop procedures must be understood in order to carry out maintenance and repairs satisfactorily, the adjustment, maintenance and repair of motorized products such as motorcycles, all-terrain vehicles, personal watercraft and utility vehicles should be carried out only by qualified mechanics whenever the owner has insufficient experience, or has doubts as to his ability to do the work, so that such products can operate safely.
In order to perform the work efficiently and avoid costly mistakes, the mechanic should read instructions thoroughly familiarizing him with the procedures before starting work, and then do the work carefully in a clean area. Whenever special tools or equipment are specified, makeshift tools or equipment should not be used. Precision measurements can only be made if the proper instruments are used, and the use of substitute tools may adversely affect safe operation of the product.
By proceeding with purchasing any Kawasaki Product on the Web Site, you acknowledge that neither KMC nor any of its dealers will be responsible for your maintenance or repair of any motorized product. In purchasing such Products, you understand that you will be solely responsible for the safety, operation and performance of such motorized product resulting from such maintenance or repair.
10. Limitation of Liability. KMC shall not be held responsible for any loss, damage or delay resulting from any cause not subject to its control that prevents or hinders the manufacture or delivery of the Kawasaki Products offered for sale on the Web Site. KMC’S LIABILITY ON ANY CLAIM OF ANY KIND RELATING TO THESE TERMS OR THE MANUFACTURE, SALE, DELIVERY, RESALE OR USE OF ANY KAWASAKI PRODUCT, SHALL IN NO EVENT EXCEED THE PRICE ALLOCABLE TO THE KAWASAKI PRODUCT WHICH GAVE RISE TO ANY SUCH CLAIM. IN NO EVENT SHALL KMC BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE.
11. Miscellaneous. KMC is not responsible for typographic or similar errors on the Web Site. All sales from the Web Site are governed by California law, without giving effect to its conflict of law provisions. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OR YOUR ORDER. These Terms may be modified by KMC at any time.
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