Loading...

Terms & Conditions

Terms & Conditions:

Introduction:
Please read this web page carefully. It contains the Terms and Conditions governing your sale of the products sold by UTV Discounters and the sale of any items whether or not purchased from the  web site, phone, or in person.  These Terms and Conditions are effective as of June 1 2007.

Binding Agreement:
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by (UTV Discounters) form a binding agreement (the "Agreement") between you and UTV Discounters. Your access to or use of the Site indicates your acceptance of these Terms and Conditions.

 

 

Intellectual Property Rights:
The Site and all right, title and interest in and to the Site is the sole property of UTV Discounters or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, UTV Discounters reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "UTV Discounters," the UTV Discounters design logo and certain other names or logos are service marks or trademarks of UTV Discounters, and all related product and service names, design marks and slogans are the service marks or trademarks of UTV Discounters. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by UTV Discounters trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

Color:
UTV Discounters displays as accurately as possible the colors of our products shown on our web site. However, colors may vary depending on your monitor and graphics may vary slightly due manufacturer's updated versions within the model. Therefore, we cannot guarantee that your monitor’s display of any color will be accurate nor the graphics to be exact as pictured. Most orders are fulfilled at your item’s first color choice.  

Changes, Errors & Inaccuracies:
UTV Discounters reserves the right to update or modify these Terms & Conditions at any time without prior notice. Improvements to products may result in unannounced changes to specifications, attachments, options and external appearance. We strive to list and advertise all text and product information as accurate as possible. However, unforeseen typographical errors, picture errors and inaccurate information on this website may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including orders that have already been submitted. If such errors occur, we apologize for any inconvenience.

Assembly:
All vehicles require some simple assembly. Each vehicle is unique and will have different assembly requirements. Common assemblies include: mounting wheels (nuts and bolts, tires already mounted on wheel), electrical connection (simple plug in), battery hook up (nuts and screws) and mirrors (screws). Mechanical assemblies such as: motors or carburetors are not required. Our vehicle can be assembled within 30 minutes to 3 hours depending on the vehicle you purchase. Although assembly is simple, we require you have a certified automotive or motorcycle technician complete your assembly. Certain vehicles may not include detailed assembly instructions or manuals.

 

Ordering Policy:
When an order is placed, the item is taken out of our available inventory and considered yours.  We do not "hold" an item for you based solely on "your word".  We can only guarantee your order if it has been paid for in full otherwise, it is still available for sale and is subject to change.  In some cases, we may accept a substantial non-refundable down payment to hold your item.

 

Cancellation Policy:
All orders are processed within 24 business hours. Due to the nature of our business, cancellations are NOT accepted under any circumstance and all sales are final. Please be sure that when you place an order over the internet or over the phone that you understand the following:

 

  • Your order is considered a binding contract
  • Due to high sales volume, your order may take between 2 to 4 weeks for delivery.  This is NOT a promise or a guarantee and delivery times are subject to change.
  • CANCELLATIONS ARE NOT ACCEPTED AT ANY TIME!

 



Submissions:

We welcome your comments regarding your purchase and product experiences with us to help better our service to you in the future. However, any comments, feedbacks, notes, messages, emails, suggestions and ideas sent to UTV Discounters shall remain exclusive property of UTV Discounters. We reserve the right to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.


Copyright Notice:
This website is maintained and operated by:

UTV Discounters

All content you see and hear on this website including: page headers, images, illustrations, graphics, audio clips, video clips and text are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by UTV Discounters. The entire content of this website is copyrighted as collective work under U.S. copyright laws and UTV Discounters owns the copyright. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works form the content of this website without the written consent from UTV Discounters.

Waiver of Liability:
The following Waiver of Liability is a legal and biding contract, executed in the county of Shelby in the State of Indiana.
By purchasing any items on this website, I, as buyer, acknowledge and agree to be above 18 years or age or are the parent of a child under the age of 18 years. I, as buyer, acknowledge and understand that riding UTV's is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I, as buyer, understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles advertised on our website. I, as buyer, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders. I, as buyer, agree to release and forever discharge UTV Discounters and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacturer from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by UTV Discounters or its parent company or your presence upon the premises , whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacture or distributor. By this Agreement, it is my intention as buyer, to surrender and waive any rights to sue or exercise any legal rights to seek damages from UTV Discounters or it’s parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. This Agreement shall be affecting and binding upon my heirs, agents, personal representatives and assigns. I, as buyer, hereby certify that I am over the age of 18 years of age. I, as buyer, have carefully read the foregoing and acknowledge that I understand and agree to all the above Terms and Conditions. I have had the opportunity to ask any and all questions regarding this Agreement and the affect of the same. I, as buyer, am aware that by purchasing this item and sending/remitting payment for it/them, I assume all risk, and waive and release certain substantial rights that I may have or possess. I, as buyer, therefore release all liability and waive all rights I may have in regards to my child’s activities with any items purchased from UTV Discounters.

Legal Status of Products:
I, as buyer, agree to read the user’s manual carefully before operating my vehicle. I, as buyer, agree to inspect my vehicle to be sure all nuts, bolts and chain are tight and the vehicle is safe for operations. I, as buyer, agree to wear a helmet and protective gear when riding. I, as buyer, acknowledge that it is my responsibility, to ascertain and obey all local, state and federal laws in regards to the possession and use of any items purchased from UTV Discounters and its parent company. UTV Discounters will not be liable for the misuse of any products purchased from UTV Discounters or any of its distributors or agents. I, as buyer, have read this waiver of liability, assumption of risk and indemnity agreement, fully understand its terms, understand that I, as buyer, am giving up substantial rights by agreeing to this waiver and have brought it freely and voluntarily without any inducement, assurance or guarantee being made to me. My purchase is to be considered as a complete an unconditional release of all liability to the greatest extent allowed by law.  I Further agree that any dispute regarding a purchase from UTV Discounters shall be exclusively venued in Shelby County, Indiana.

Additional Clause for Online Purchases:
All items are brand new sealed in manufacture’s packaging. Orders are processed within 24 business hours from the date of purchase. We will email you your tracking number within 24 hours from the time your shipment leaves our warehouse so you can track your shipment en route. We use a third party LTL transportation company to delivery your order. We also ship from various warehouses depending on the model you ordered. Transit time may take, but not limited from 3-15 business days depending on how far you are from our warehouse and the freight company's shipping schedules.  During holiday seasons, transit time may be an additional 3-5 business days. Order may not be cancelled or refused due to extended transit schedules. If you refuse to accept a delivery for a shipment, you agree to pay all shipping costs to and from.

Enforcement of Terms & Conditions:
By accessing and purchasing any items on our UTV Discounters website, over the phone, or in person you acknowledge that you have read and understand our disclaimer, warranty & store policies, and agree to these as the terms of sale.