Genesis
Terms & Conditions of Sale / Rentals:
For Golf, Utility & Tram Type Vehicles:
To: Purchaser / Renters, herein referred to as "Client":
1. The agreement is a binding, enforceable contract,
subject to the terms and conditions stated herein.
2. Genesis shall not be responsible for the payment
of any sales, revenue, excise, or other taxes or governmental
fees applicable to the goods sold / rented hereunder,
and any such tax in the state where the goods are destine
shall be the sole responsibility of the Client and
paid by the Client. Tax Exempt and/or Tax Resale Certificates
are required, where applicable, as provided under the
laws of the State..
3. Title to all goods covered by this order shall remain
with Genesis until full payment has been received by
Genesis from the Client.
4. Genesis, whose policy is one of continuous improvement,
reserves the right to make design changes to either
gasoline or electric cars, and to deliver any such
improved units upon existing contracts, without notice
and without incurring obligations to substitute cars
on any units previously sold where said design improvements
are made.
5. The Client warrants & represents that the sole
purpose of this purchase /rental is to acquire a vehicle
for his/her own personal or business use, and not for
resale. Client further warrants that client will not
use, or convey to others, any part or parts of this
order for making parts of molds to be used in the production
of additional units or parts.
6. It being understood that the manufacturer is solely
responsible for product safety and fitness, the Client
agrees to indemnify and hold Genesis harmless from
and against any and all claims for loss or damage arising
out of the acts or omissions of failure to act by the
Client or any of its agents, servants or contractors
in connection with the rendering of services by the
Client, and for all claims of or damage to property
or injury or death of any person directly or indirectly
resulting therefrom, including costs and reasonable
attorney's fees.
7. Sale products are subject to a 30% restocking charge.
Return and replacements must have written authorization
from Genesis and have freight prepaid or they will
not be accepted.
8. Client acknowledges Genesis or Genesis agents, will
custom manufacture certain goods to the unique terms
of this agreement. At times Genesis will contract out
manufacturing assembly to outside vendors. Standard
delivery times are stated with the understanding that
required assembly parts are available within a reasonable
time. Genesis is not responsible for delays due to
shortage of required assembly parts that are out of
the control of Genesis, causing final delivery delays.
As a result, Genesis may incur significant damages
in the event Client defaults upon or repudiates this
agreement. Client agrees that, if Client fails to accept
delivery within 30 days following Genesis notification
to Client that the goods are ready for delivery, Genesis
shall have the right to dispose of or to resell such
goods in any commercially reasonable manner which Genesis
may deem appropriate and generally, to exercise such
rights and remedies as exist under law, and specifically
under applicable provisions of the Uniform Commercial
Code as were adopted under the laws of the State, to recover its contractual and incidental
damages suffered as a result of Client's breach or
repudiation of this contract. In such event, Genesis
may further: retain any deposits paid by Client under
this Agreement as security for payment of Genesis damages;
or, at Genesis option, retain client's deposits as
and for liquidated damages, to the extent permitted
by law.
9. All sales are F.O.B. x-warehouse, plant premises
at shipping point, unless otherwise designated. Client
understands that any freight charges are the responsibility
of the Client and are to be prepaid by the Client when
such charges are known, or freight collect to Client
to the carrier when products are delivered. Client
understands that all items shipped have been inspected
by Genesis or its assigns prior to shipping to assure
quality. Packing and /or crating are designed to assure
adequate protection from all normal handling and transportation
damage. When sale is for preowned equipment, FOB x-warehouse,
Client is responsible to inspect merchandise and accept
sale on an "as is where is" basis. When shipments
are made by common carrier, any Client claims for incorrect
merchandise or missing merchandise or shipping damage
or any other claim must be made to the common carrier
upon receipt and prior to accepting merchandise. It
is the Client's responsibility to inspect all delivered
purchases for correct merchandise, missing merchandise,
damage merchandise and to so note on the carriers bill
of lading at the time of delivery!
9a. All rights and obligations of the parties are governed
by the applicable provisions of article 2 of the Uniform
Commercial Code as adopted by the state where the goods
are being sold, in respect to the sale of goods, including
but not limited to the rights of the purchaser to inspect
the goods before acceptance; and the rights of the
seller to payment once the buyer has accepted the goods
after inspection.
10. It is further understood that vehicles sold by
Genesis are designed and manufactured for off-road
use only. They do not conform to Federal Motor Vehicle
Safety Standards or EPA regulations and are not equipped
for operation on public streets, roads or highways,
and the client agrees to hold Genesis harmless from
and against any and all claims, loss or damage arising
from acts of Client in the operation of these vehicles
on private lands/roads ,public streets, roads or highways
that may be in violation of these Acts or Regulation,
including but not limited to any fines or other sanctions
imposed by the regulatory authorities enforcing these
Acts or Regulations.
11. Once vehicle rentals are reserved, allocated and
prepaid for an order, rental contracts have a nonrefundable
fee of 50% in the event of a cancellation by the client
after 72 hours from the time of order confirmation.
A valid credit card (AMEX, Discover, Visa, MC) is required
on all rentals. Any and all loss or damage to rental
vehicles while in the possession of the renter, will
be charged to the renters valid credit card. Renter
hereby authorizes Genesis to charge their account accordingly.
In the event of a total loss, the renter will be responsible
for 100% of the value of the vehicle and his valid
credit card will be charged the same. Renter hereby
authorizes Genesis to charge their account accordingly.
12. With all rentals we require from your insurance
company a Certificate of Insurance covering liability
and replacement value of each vehicle rented, with
a minimum coverage of 1 million USD. Naming our group
as the additional insured.
13. Used vehicle offers are subject to prior sale,
Genesis reserves the right to reject any and all offers
to competitive buyers and reserves the right to rescind
offerings. We believe the specifications of the equipment
offered to be true and accurate, however no warranties
or guarantees of any kind are expressed or implied.
We do not warrant this equipment in anyway to perform
any particular job or function nor do we guarantee
this equipment to meet any local or federal codes.
It is the express responsibility of the buyer to assure
this equipment meets any and all codes.
14. The content of our publications could include technical
inaccuracies or typographical errors. Changes are periodically
added to the information herein; These changes will
be incorporated in new editions of the publication.
Genesis may make improvements and/or changes in the
product(s) and/or the specifications described in these
publications at any time without notice.
15. Limitation of Liability: In no event will Genesis
be liable for direct, special, incidental, economic,
cover, or consequential damages arising out of the
use of or inability to use, even if advised of the
possibility of such damages.
16. This agreement shall be governed, construed, and
enforced accordingly to the laws of the state and under the Uniform Commercial Code with respect
to the Sales of Goods & Rental of Goods, as were
adopted under the laws of the State.
17. Arbitration: Any controversy or claim arising out
of or relating to this contract, or breach thereof,
shall be settled by arbitration, in AR,
USA, by three arbitrators in accordance with the commercial
arbitration rules of the United States. The arbitrators
shall be appointed and the arbitration administered
by the American Arbitration Association. The arbitration
shall be conducted in the English language, and the
arbitrators shall issue a reasoned award in writing.
Judgment upon the award rendered by the arbitrators
may be entered in any court having jurisdiction thereof.
18. The Purchasers & Renters of Genesis Product
Line agree and accept the terms, conditions, promises,
warranties and covenants herein.
You can send an e-mail to us with any further questions
at golf@genesisny.net
Thank you,
Genesis Golf
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