Terms of Sale
You should carefully read the following Terms of Sale ("Terms of Sale"). By placing an order to purchase a product and/or a service on or through xuast.com, you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.
Terms of Sale Applicable to all xuast.com online purchases
Terms of Sale Applicable to all xuast.com online purchases
xuast.com shall have the right at any time, prior to xuast.com's acceptance of your order, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Any prices, quotations and descriptions made or referred to on the xuast.com are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to xuast.com's express acceptance of your order (as described below). xuast.com reserves the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
Different payment methods may be available to you when making a purchase through xuast.com. When you use third party payment and billing providers, such as PayPal, that provider's additional terms, and costs, may apply. It is your obligation to pay all Federal, State and local taxes associated with the receipt or use of the goods which you purchase from xuast.com.
- Revised Terms.
xuast.com may, from time to time, change, modify or update these Terms of Sale, and the revised Terms of Sale will apply to all subsequent purchases. You agree that you will review the Terms of Sale before any purchase.
- Pricing - Physical and Digital Products.
The prices listed for physical goods available through xuast.com (referred to herein as "Merchandise") do not include shipping, handling or taxes, if applicable. Prior to checking out, xuast.com will add all applicable shipping, handling and taxes to the price for the Merchandise you are purchasing. Based upon your billing address, xuast.com will collect sales tax on your behalf and remit payment to the state government in states where the sale of Merchandise is taxable. xuast.com also reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Merchandise will be provided in accordance with such revised description or corrected price.
- All Sales for Digital Content or Services are Final.
No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
- Orders for Merchandise.
By placing an order for Merchandise through xuast.com, you agree that you are submitting a binding offer to purchase the Merchandise from xuast.com. Your order is accepted and a contract concluded once xuast.com sends you a Shipping Notification Email.
- Shipping & Handling.
All orders are subject to xuast.com's Shipping & Handling Policy ("Shipping Policy"), which is expressly incorporated herein and may be changed from time to time. The updated Shipping Policy can be found at the following link: http://www.xuast.com/
Merchandise will be shipped F.O.B. Los Angeles, California. International customers hereby acknowledge and agree that: (i) Merchandise is shipped from the United States; and (ii) you are solely responsible for any and all applicable import duties, customs fees, and taxes.
Delivery timescales/dates specified for the delivery of Merchandise to you, in any order acknowledgement, acceptance or elsewhere are estimates only, and while xuast.com endeavors to meet such timescales or dates, xuast.com does not undertake to dispatch products and/or commence services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so. Merchandise delivery shall be to a valid address to the address submitted by you, once the package has left xuast.com facility the carrier used for shipment takes sole liability with the Merchandise and package to transport and deliver the order and package to the designated shipping address provided during check out, xuast.com's liability as to delivery ceases, and title and risk of loss passes to you.
All orders are subject to xuast.com's Return & Exchange Policy ("Return Policy"), which is expressly incorporated herein and may be changed from time to time. The updated Return Policy can be found at the following link: http://www.xuast.com/
- Disclaimer, Limitation of Liability and Indemnity
- Disputes with xuast.com.
These Terms of Sale shall be governed by the laws of the State of Nevada applicable to contracts entered into and performed exclusively in that State, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
You and xuast.com agree that any dispute or claim arising from or relating to the Terms of Sale shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section) within Clark County, Nevada. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court in Clark County, Nevada that has jurisdiction. Any arbitration under the Terms of Sale will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms of Sale, you and xuast.com are each waiving the right to trial by jury and the right to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. For any disputes or actions not subject to arbitration, you and xuast.com agree to submit to the personal jurisdiction to any court of competent jurisdiction sitting within Clark County, Nevada, which will be the exclusive jurisdiction and venue for any applicable disputes or actions.
xuast.com makes no representation that content or Merchandise on any part of the website is appropriate or available for use in other locations. Those who choose to access any part of the website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The website may contain references to products or services not available in all countries. xuast.com does not market all of its products or services in all countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED is made on any products made or sold by xuast.com. All descriptions given by xuast.com as to function are for reference only and are not a guarantee. xuast.com cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. xuast.com.com shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. By purchasing, using, or installing the product, the purchaser agrees to all of these terms. Certain brands do carry limited warranty, all warranty inquiries will have to oblige by the manufacturer's warranty info which is provided with the product's warranty card. xuast.com also has the right to deny warranty on any product that is improperly used, not taken care or has become damaged due to negligence. No such warranty covers, improper use, negligence or improper care.
- Emissions Laws.
Aftermarket parts modifying motorcycle emission control systems including but not limited to exhausts, fuel controllers, smog block-off plates, (Racing Parts) are legal for closed-course competition use only. By purchasing from xuast.com, you acknowledge that Racing Parts are legal only for closed-course competition racing use and you agree not to use Racing Parts on a licensed street vehicle. xuast.com does not install or service motorcycles and, as a result, cannot verify usage of these aftermarket parts and cannot be held responsible for misuse. It is your responsibility to comply with all applicable state laws. Each state has its own emission laws, xuast.com cannot be held liable for any penalties, fees and or citations given by your local law enforcement, it is your sole responsibility as a consumer to know what can and can't be installed for street use on your motorcycle.
- After Marketparts / Custom Parts.
The installation of any aftermarket part may void or otherwise adversely affect your factory warranty. In addition, such installation and use may violate certain federal, state and local laws, rules and ordinances as well as other laws when used on motor vehicles operated on public highways, especially in states where pollution laws may apply. Always check federal, state, and local laws before modifying your motorcycle. It is the sole and exclusive responsibility of the user to determine the suitability of the product for his or her use, and the user shall assume all legal, personal injury risk, and liability and all other obligations, duties and risks associated therewith.
- Force Majeure.
xuast.com shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of xuast.com being prevented, hindered or delayed in the performance by circumstances beyond xuast.com's reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event xuast.com may elect to cancel your order and refund any payments made.
- Entire Agreement.
You acknowledge that these Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between xuast.com and you with regards to your ability to purchase goods or services from xuast.com. These Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.