WICKED WHEELS WI, INC.

AGREEMENT OF TERMS AND CONDITIONS

1.        This Agreement 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  This Agreement may not be altered, superseded, or otherwise modified except in writing signed by both parties.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.

2.        The Customer 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 control.

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.

7.        The quotation 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.

14.     The Customer 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.

16.     The Customer 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 warranty.

19.     The Customer 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 with purchase.

 

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.