This website is operated by SmithBrosUTV. Throughout the site, the terms “we”, “us” and “our” refer to SmithBrosUTV. SmithBrosUTV offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. Acceptance — ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER.
2. Delivery, claims, delays — The general method of shipment for each item is listed in Seller's catalog. However, Seller reserves the right, in its discretion, to determine the exact method of shipment. Seller reserves the right to make delivery in installments. (example: you order 3 items and 1 is out of stock, out of stock item will be shipped once back in stock) Delay in delivery of any installment shall not relieve Buyer of Buyer's obligations to accept remaining deliveries.
3. Payment — Terms of sale Pre Paid, Net 7 days. Retail orders are all prepaid, dealers can prepay or choose Net 7 days. If you choose Net 7 days buyer agrees to pay within 5 business days of order date. When choosing Net 7 Days buyer must pay in form of a check, money order, personal Paypal payment, or wire transfer. No payments will be accepted that will incur fees to the seller. Buyer Agrees under no circumstances to do a chargeback on a credit card payment. Buyer agrees to work directly with the seller on returning items and receiving a refund.
4. Taxes and other charges — Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
5. Pricing — Prices shown are in currency of US dollars and are subject to change at any time. When you place an order online your credit card will be charged the amount the is stated on the website. Seller will never charge any additional fees to buyers credit card without buyers verbal or written permission.
6. Warranties — Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Seller's website. No other expressed or implied warranty is offered. The following will not be covered under any circumstance:
failure due to improper installation
failure due to not maintaining correct type and levels of fluids and lubricants as specified by manufacturer
failure due to improper maintenance (please provide documentation), misuse, abuse or modification of the product
failure due to any usage for which the product was not originally intended by the manufacturer
failure due to collision, acts of nature, fire, theft, vandalism, riot, explosion, etc.
failure due to not following installations instructions provided
parts used in connection with racing purposes, off road vehicles and agricultural vehicles
7. Compliance with laws, regulations — Buyer agrees to abide by all local and federal laws related to items purchased. Buyer is responsible for obtaining local and federal laws.
8. Return Policy — Goods may not be returned for credit except with Seller's permission, and then only in strict compliance with Seller's return shipment instructions. Certain items may not be returned for credit. These items include: Anything that has been used or damaged. Fuel tanks, carburetors or complete units that have had contact with gasoline are non-returnable. Buyer is responsible for return shipping. All returns are subject to a minimum 20% restock fee. Returns that arrive damaged or used will be refused.