Terms and Conditions

Updated 2020/10/19

Please take a few minutes to review these Terms and Conditions. Your purchase of products from us constitutes your agreement to follow these Terms and Conditions and to be bound by them.

Terms and Conditions of Use

Please take the time to read through these terms and conditions in respect to the use of our website

These Terms and Conditions May Change

Eddy2Race reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.

User Comments

We welcome your comments about our Web Site. However, any comments, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Web Site shall be and remain the exclusive property of Eddy2Race. Your submission of any such Comments shall constitute an assignment to Eddy2Race of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Eddy2Race will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork

Hyper links to other Web Sites

To the extent our Web Site contains hyper links to outside services and resources, the availability and content of which Eddy2Race does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Disclaimer

This Web Site and all Content available on this Site (Web Site or Mobile App) are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Site, that your use of this Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site, and that Eddy2Race shall not be liable for any damages of any kind related to your use of this Site. Eddy2Race assumes no responsibility for the timeliness, deletion, misdelivery, or failure of its services.

Product Information

Most products displayed on our Site (Web Site or App) or in our catalog are available in the Eddy2Race retail store. In some cases, merchandise displayed for sale on our Web Site or in our catalog may not be available at the store. The prices displayed on our Site or in our catalog are quoted in South African Rands (ZAR) and are valid and effective only in South Africa.

Indemnification

Customer agrees to defend, indemnify, and hold harmless Eddy2Race and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney’s fees, that arise from Customer’s (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Eddy2Race’s Site (Web Site and App), or through the Eddy2Race’s Retail store. Eddy2Race reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Eddy2Race in asserting any available defences.

Any action relating to the use of the Site (Website and App), catalogs or any transaction with Eddy2Race must be brought in the courts located in the Region of Cape Town, South Africa.

Terms and Conditions of Sale

Please take the time to read through these terms and conditions in respect to the sale of products through Eddy2Race.

THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN EDDY2RACE’S INVOICE OR OTHER EDDY2RACE DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE.

IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale constitute a binding contract between Customer and Eddy2Race. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on Eddy2Race’s Site (Web Site, Mobile Applications). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These Terms and Conditions of Sale constitute the entire agreement between Customer and Eddy2Race relating to the Terms and Conditions of Sale of products on the Site Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.

Customer agrees that the Terms and Conditions of Sale contained herein and in Eddy2Race’s invoice or other documentation will control. No course of prior dealings between the parties will be relevant to determine the meaning of these Terms and Conditions of Sale or invoice related thereto. For the purpose of these Terms and Conditions of Sale, “Customer” means the person or entity that purchases, places an order or otherwise shops at Eddy2Race’s Web Site, Store and/or Mobile Applications.

Shipping; Risk of Loss; Security Interest

Eddy2Race will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Eddy2Race charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays.

Eddy2Race retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Warranties

Customer understands that Eddy2Race is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Eddy2Race. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Eddy2Race. EDDY2RACE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF EDDY2RACE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.

LIMITATION OF LIABILITY

IN NO EVENT WILL EDDY2RACE OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EDDY2RACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EDDY2RACE LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER EDDY2RACE NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER EDDY2RACE NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE RAND AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

Eddy2Race will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Safety

Motorcycles can be dangerous. Eddy2Race has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part.

Indemnification

Customer agrees to defend, indemnify, and hold harmless Eddy2Race and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney’s fees, that arise from Customer’s (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on Eddy2Race’s Site (Website and/or Mobile Applications) Eddy2Race reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Eddy2Race in asserting any available defences.

Pricing Information; Availability; Errors and Omissions Disclaimer

All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfil Customer’s orders.

We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind.

If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other sites (Web Site and/or Mobile Applications) or price engines are accurate or up-to-date.

Eddy2Race Pricing Policies: All major unit prices plus tax, document prep fees,  license, manufacture charged freight, dealer charged freight, dealer charged assembly fees and ADM*Added Dealer Markup. Please call to confirm unit availability and price. Dealer freight and ADM*Added Dealer Markup fees vary. Eddy2Race is committed to accurate sale prices but mistakes can happen from time to time. Eddy2Race reserves the right not to honor any pricing errors. Freight is charge by the manufacture to the dealer and Freight is not reimbursed by the manufacture to the dealer. ADM —Eddy2Race Added Dealer Markup may include but is not limited to dealer insurance, overhead, profit, flooring and other costs where applicable. Any and all manufacturer rebates will be directed to Eddy2Race unless otherwise specified in writing. All sale prices are cash only prices. Prices are updated daily and change often. All prices include any and all factory incentives. All listed inventory is subject to prior sale we recommend calling to confirm availability. One sale offer per major unit purchase. Discount offers cannot be combined. Eddy2Race adds freight & ADM*Added Dealer Markup to all major unit prices. For current destination & ADM*Added Dealer Markup charges please click here. Tax is added and calculated according to South African Revenue Services Standards and Laws. Motorcycles or any other major unit represented or shown online should be used for a reference of what each manufacturer offers not actual Eddy2Race’s inventory. Some models and colors may not be available immediately. Vehicles displayed on this site are a representation of what the manufacturers have built not what is currently available in our inventory. Please call to confirm availability.

Accounts and Passwords

Customer is responsible for maintaining the confidentiality of Customer’s account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer’s account or password.

Orders; Payment Terms; Interest; Taxes

Orders are not binding upon Eddy2Race until accepted by Eddy2Race. Eddy2Race reserves the right to refuse service to anyone. Terms of payment are within Eddy2Race’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Eddy2Race may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Eddy2Race from, any applicable sales, use or other taxes or national, provincial or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Eddy2Race’s costs of collection, including court costs, filing fees and attorney’s fees.

Sever Ability

If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Return Privileges

Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with Eddy2Race’s policy on returns and exchanges.