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supersedes any oral quotation, which may have been furnished by Wicked Wheels
WI, Inc. (the “Company”) to Customer with respect to the work and services to
be performed by the Company.This
Agreement embodies the entire understanding of the parties and all of the terms
and conditions with respect to the matters discussed.This Agreement may not be altered,
superseded, or otherwise modified except in writing signed by both
parties.This Agreement shall be
interpreted as though it had been drafted by all parties equally.The Company shall not be bound by statements
or promises made by any representative of the Company which are not stated in
and made a part of this Agreement.Wicked
Wheels WI, Inc. is not a manufacturer; we are an agent for customers, doing
service work for customers.
understands that payment in full is required upon completion of the work.It is understood and agreed by the Customer
that a late charge of thirty-five dollars ($35.00) per day will be charged on
any delinquent account fifteen (15) days after the work is completed.Should this account ever become delinquent
and require the services of any attorney to collect or commence suit to enforce
payment, the Customer shall pay all reasonable costs associated with such
collection, including reasonable attorney fees.
3.The Company shall
not be liable for inability to complete the work or services contemplated by
this Agreement, nor for any loss or damage of any kind resulting from delay or
inability to deliver on account of fire, labor troubles, accidents, acts of
civil or military authorities or from any other causes beyond the Company’s
4.In the event the
services of the Company are terminated by the Customer prior to the Company’s
completion of the work contemplated by this Agreement, the Company shall be
entitled to collect from the Customer an amount due for work performed up to
the date of termination.
5.The Company offers
no other warranties, expressed or implied, including any implied warranty of
marketability or fitness for a particular purpose.The Company shall not be liable for any direct,
incidental, consequential, punitive, loss or damages to the Customer.
6.The Company hereby
advises the Customer as follows:
a.The Company is not
responsible for any part or equipment becoming loose after installation by the
Company.The Company advises Customer
that new parts and equipment do become loose and can, in fact, fall off after
initial installation as a result of use by Customer.Customer is advised to continually check all
Company installed parts and equipment on motorcycle to ensure there are no
loose or missing parts or equipment.
b.The only warranty
offered hereunder is the manufacturer’s warranty of its respective parts and
equipment installed on the motorcycle by the Company.All labor must be paid by the Customer even
for warranty work.
c.After delivery of
the motorcycle, the Customer is required to take the motorcycle to a motorcycle
dealer of Customer’s choice to check for loose parts, if necessary.
d.The Company is not
responsible for any other services performed on the motorcycle by Customer
and/or any third party after delivery of the motorcycle by the Company to the
Customer.The Company will not pay for
any work done to a motorcycle by any other company.
written by the Company for work and services to be performed is valid for
thirty (30) days, but may not be cancelled in the event of strikes, accidents,
fires, material availability, and other causes beyond the Company’s control.
8.If any provision
of the Agreement is prohibited by law of any state, it shall not invalidate the
remaining provisions of this Agreement.This Agreement shall be construed and interpreted under the laws of the
State of Wisconsin.
9.Should any dispute
arise relative to the performance or interpretation of this Agreement by any of
the parties hereto, the parties agree that any and all disputes shall be
settled by binding arbitration.If the
parties cannot agree upon a mutually agreeable arbitrator, then the arbitration
shall be conducted by Resolute Systems, Inc. located in Milwaukee, Wisconsin in
accordance with its rules.The decision
of the arbitrator shall be final and binding with respect to all such matters
submitted to arbitration and shall be enforced in accordance with the
provisions of the Wisconsin Arbitration Act.
10.Each person executing
this Agreement warrants that he or she is a duly authorized representative to
the respective entity designated by this Agreement and is fully empowered to
execute this Agreement on its behalf.
11.Any and all down
payments on custom parts and labor will be NON-REFUNDABLE regardless of reason.
12.If suit or action
is instituted to enforce or interpret any of the terms of this Agreement, the
prevailing party shall be entitled to recover from the other party all costs of
such an action, including reasonable attorney fees.
13.No action shall be
brought for any breach of terms of this Agreement more than two years after the
date of this Agreement.
understands that all paint work, chips in the paint, peeling or blistering of
the paint, rusting, color differences or any damages caused by fluids are
expressly no covered by any warranty.
15.In order for work
to be completed under warranty, the motorcycle MUST be serviced Wicked Wheels
WI, Inc. Any work completed on the
motorcycle by a third party after the execution of this Agreement immediately
voids all warranty coverage by Wicked Wheels WI, Inc.
understands that any work and services performed on the motorcycle by the
Company may drastically change and affect the way the motorcycle handles and
operates.The Customer is advised to
operate the motorcycle at a reduced speed to obtain a full appreciation for the
way the motorcycle handles after the work and services have been performed.The Company will not be responsible for any
damage or injury resulting to the Customer or any third party from the effect
of the work or service performed on the motorcycle by the Company.The Customer hereby releases the Company from
any and all liability and shall hold the Company harmless from any such liability.In the event any persons not a party to this
Agreement shall make claim or file any lawsuit against the Company for any
reason whatsoever including the payment of all damages, expenses, costs and
attorney fees, whether these claims are based upon alleged intentional conduct,
active or passive negligence, or strict product ability on the part of the
Company, its agents, servants and employees.
17.The Customer is
advised that the Company shall have a lien on a motorcycle and may retain
possession thereof for the amount due for the keep, support, storage, service,
work and/or care of the motorcycle until paid.Failure of the Customer to pick up the motorcycle with fifteen (15) days
of notice that the service or work has been performed on the motorcycle shall
entitle the Company to charge the Customer a storage charge at the rate of
thirty-five dollars ($35.00) per day thereafter until the motorcycle is picked
up by the Customer.
18.In the event of
any required warranty work:It is the
responsibility of the customer to get the bike to Wicked Wheels WI, Inc.
regardless of location.Customers will
be liable for any and all towing or shipping charges incurred to get the bike
to Wicked Wheels WI, Inc. Any work done on the bike, by anyone other than Wicked
Wheels WI, Inc. will NOT be covered under warranty, and may void your current
certifies that the Customer has read this Agreement, including terms and
conditions set forth above and that this Agreement is the entire Agreement
between parties.The terms and
conditions contained in this Agreement, and the meaning thereof, have been
explained, and the Customer fully understands the terms and conditions.
20.Upon signing the
Buyer’s Guide, Wisconsin Purchase Contract, Build Sheet, and Terms and Agreement,
Buyer agrees that Wicked Wheels WI, Inc. has no further obligation and these
documents encompass a closure of our contract.Wicked Wheels WI, Inc. owes nothing to Buyer, and Buyer is satisfied
Auction123, Inc. (a service and listing/software company) and the Seller has done his/her best to disclose the
equipment/condition of this vehicle/purchase. However, Auction123.com disclaims any warranty as to the accuracy or to the working condition of the vehicle/equipment listed. The purchaser or prospective purchaser should verify with the Seller the accuracy of all the information listed within this ad.