Terms and Conditions for the Online Sale of Goods and Services
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION [ON AN INDIVIDUAL BASIS] TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS [OR CLASS ACTIONS].
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM WIREDOFFROAD.COM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM WIREDOFFROAD.COM IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [WIRED OFF-ROAD, LLC.], OR (C) ARE PROHIBITED FROM ACCESSING OR USING WIREDOFFROAD.COM OR ANY OF WIREDOFFROAD.COM’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through www.wiredoffroad.com (the “Site“). These Terms are subject to change by Wired Off-Road, LLC. (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Wired Off-Road, LLC. and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at [734-330-3478].
- Prices and Payment Terms.
- All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. [We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.]
- Terms of payment are within our sole discretion and [, unless otherwise agreed by us in writing,] payment must be received by us before our acceptance of an order. We accept [ASTERCARD, VISA, PayPal, Google Pay, Apple Pay, Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon [our transfer of the products to the carrier/delivery]. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. [Except for any products designated on the Site as non-returnable, we/We] will accept a return of the products for a refund of your purchase price, less the original shipping costs, handling costs, and a ten percent [10%] re-stocking fee provided such return is made within  days of [shipment/delivery] and provided such products are returned in their original condition. To return products, you must call [734-330-3478] or email our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (“RMA“) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. [We therefore strongly recommend that you fully insurei’
your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.] All returns are subject to a ten percent [10%] restocking fee.
Refunds are processed within approximately  business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. [WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.]
- LIMITED WARRANTY.
THE LIMITED WARRANTY FOUND BELOW GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
Warranty Statement. Wired Off-Road products are guaranteed to be free from major defects in material and/or workmanship and to perform as advertised when properly used and maintained in accordance with our instructions. Wired Off-Road produces hardware which is only meant to be installed on the piece of equipment specified by Wired Off-Road. Use of Wired Off-Road hardware on an un-specified piece of equipment, unless expressly permitted by Wired Off-Road, will void this warranty. If you are unsure which piece of equipment the hardware you purchased should be installed on, please contact Wired Off-Road for assistance.
All powertrain and electronic components (motor, motor controller, battery, LCD display, and charger) will be covered for 90 days for part replacement. Wear components like the sprockets and the chain are excluded from the 90 day replacement warranty. We also exclude any components that need to be replaced because of negligent use (accidents, collisions, water submersion, etc). Other actions that will void the 90 day warranty include, but are not limited to: alteration of wiring, alteration of motor controller settings, alteration of battery management system settings, disassembly of any pre-assembled kit components, or the installation or substitution of any parts that are not purchased directly from Wired Off-Road as they relate to the components contained within the conversion kit.
Wired Off-Road will not warranty any product that has been altered or modified in any way from its original design. This includes, but is not limited to; wiring, programming, components, hardware, etc. Wired Off-Road is not responsible if the hardware sold by Wired Off-Road is damaged upon installation or disassembly. Wired Off-Road is not responsible for any damage to the hardware it sells which is a result of defects that are present on or arise from any defective equipment that the hardware was installed on which was not manufactured by Wired Off-Road. The buyer must provide substantial evidence in the form of video, pictures, and if deemed necessary by Wired Off-Road, a physically returned product that the defect is a result of manufacturing or workmanship on behalf of Wired Off-Road.
Wired Off-Road provides its customers with the highest quality electric conversion kit on the market. Our products and components are robust, and under proper use they will last for many years to come.
- Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) major defects in materials and workmanship in products and services purchased from the Site.
- What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- Improper use
- Failure to follow the product instructions or to perform any preventive maintenance
- Combination or use with any products
- Unauthorized repair
- Normal wear and tear
- External causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the period of coverage?
This limited warranty starts on the date of delivery of your product[s] and or service[s] lasts for thirty  days the “Warranty Period“. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion [, either: (i)] repair or replace such products (or the defective part) free of charge [or (ii) refund the purchase price of such products]. We will also pay for shipping and handling fees to return the repaired or replacement product to you [if we elect to repair or replace the defective products].
With respect to any defective services during the Warranty Period, we will, in our sole discretion [, either: (i)] repair or re-perform the defective services free of charge [or (ii) refund the purchase price of such services].
- How Do You Obtain Warranty Service?
To obtain warranty service, email our Customer Service Department at email@example.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA (return merchandise authorization) number.
Step 1.) Email our Customer Service Department at
Step 2.) Write a descriptive email with photos and or video of the warranty item.
Step 3.) Wait to hear from the customer service department for further
- Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY [LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY] CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
- [Goods Not for Resale or Export]. [You agree to comply with all applicable laws and regulations of the various states and of the United States [including all Export Regulations, as defined below]. You represent and warrant that you are buying products or services from the Site for your own [personal or household] use only, and not for resale or export. [Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations“).]
- [Intellectual Property Use and Ownership. You acknowledge and agree that:
- All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price” and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement [posted with/made available to you through a link accompanying] the display or description of that specific product or service.
- You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
- You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.
- Wired Off-Road LLC. [and its licensor(s)] [is/are] and will remain the sole and exclusive owner[s] of all [intellectual property] rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents[, and] trademarks[ and other intellectual property rights], subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of [these intellectual property rights in or to] the products or services made available through this Site [, or of any intellectual property rights relating to those products or services].]
- Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) [reasonable] control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, [OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS,] or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; [and] (f) national or regional emergency; [and] [(g) strikes, labor stoppages or slowdowns, or other industrial disturbances;] [and] [(h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials;] [and] [(i) other [similar] events beyond the [reasonable] control of the Impacted Party]. The Impacted Party shall give notice within  days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of  [consecutive] days following written notice given by it under this Section , the [other party/either party] may thereafter terminate this Agreement upon  days’ written notice.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Michigan.
- Dispute Resolution and Binding Arbitration.
- YOU AND WIRED OFF-ROAD LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY [, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM]. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
[We will be responsible for paying any individual consumer’s arbitration/arbitrator fees.] /[If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.]
- [You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 30 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.]
- [You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WIRED OFF-ROAD LLC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.]
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wired Off-Road LLC.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) email at firstname.lastname@example.org; or (ii) by personal delivery, overnight courier or registered or certified mail to Wired Off-Road LLC., 391 Airport Industrial Drive, MI, 48198. We may update the email address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.