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Terms of Use

Terms of Use

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. These terms apply to all dealers and customers. If you do not agree to these terms and conditions, please do not use this site or contact us to be removed from our dealer list.

Payments

We only ship to the billing address that is on file with your credit card company for the card that you are paying with. This must be an exact match. The address you recieve your credit card statement at is what your what issuing credit card company has for your official billing address. You can always call them and ask or add multiple address. We will not ship to any address that is not verified by them to be yours and listed with you issuing credit card company.

We only ship to verified address with PaypPal when using PayPal to check out. Make sure you have updated your adress profile with Paypal and have it verified by them.

We accept Visa,Mastercard,Discover and PayPal. We do not accept American Express. However you may pay with American Express by using Paypal to chech out and pay for your items.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Spencer Cycle Center Inc.. The collective work includes works that are licensed to Spencer Cycle Center Inc.. Copyright 2006-2010, Spencer Cycle Center Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Spencer Cycle Center Inc. or purchasing Spencer Cycle Center Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Spencer Cycle Center Inc. or to purchase Spencer Cycle Center Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Spencer Cycle Center Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Spencer Cycle Center Inc. used in the site are trademarks or registered trademarks of Spencer Cycle Center Inc.

 

Shipping-Most orders are shipped same day recieved. All orders are processed as long as your order is placed by 3pm(est) for regular Ground shipments and 1pm(est) for Next Day Air shipments. If you have special needs please call us so we can arrange different options. We do not offer Next Day Air Saturday shipping. If you order Next Day shipping on a friday...you will not recieve the package until Monday...not saturday. We DO NOT ship tires using air shipments. ie; If you order a tire and choose to have it Next Day Air or 2nd or 3 day air shipped....it WILL ship GROUND...we DO NOT issue refunds of any kind or sort for this mistake! Please choose ground shipping only for tire orders.


Hours of Operation-Monday- Friday 8am to 2.30pm eastern standard time. Our web store is open 24 hours a day. All shipping and phone orders take place during our normal operation hours.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Spencer Cycle Center Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Spencer Cycle Center Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Spencer Cycle Center Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. All products are intended for off road purposes or closed course competition only.

Items are covered by warranty from the individual manufacturers. Generally, warranties cover defects from normal use. Damage from improper use, abuse, neglect, and accidents are not included under warranty coverage. In addition, some manufactures have other specific exclusions.It is the sole discretion of the manufacturer or repair or replace defective merchandise.Labor and shipping are not covered under any warranty. For more specific information, please read any manuals included in the product packaging or contact the manufacturer.
SpencerCycle.com will extend to its customers manufacturer's warranty on merchandise at our discretion purchased  from us,and we will work as advocates or contacts when wanted/needed. However, we make no warranty, expressed or implied, as to the merchantability or fitness for any particular purpose of the merchandise that we carry, sell or distribute. SpencerCycle.com reserves the right to make any and all decisions regarding any warranty adjustment,if any.

Limitation of Liability
Spencer Cycle Center Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Spencer Cycle Center Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SpencerCycle Center Inc./SpencerCycle.com is not and will not be held accountable or responsible for any damages to property be it real or personal. The end user assumes all risk, personal and physical.
The end user assumes all liability for any and all damages caused by the misuse, mis-fitment and or wrong installation of products and any damaged caused to any part or parts on or off the vehicle. All products manufactured for and by SpencerCycle Center Inc/SpencerCycle.com ar intended for off-road closed course competition use only .
We shall not be liable for indirect or consequential damages.
If you have any further questions concerning this issue please contact us.


Typographical Errors
In the event that a Spencer Cycle Center Inc. product is mistakenly listed at an incorrect price, Spencer Cycle Center Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Spencer Cycle Center Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Spencer Cycle Center Inc. shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Spencer Cycle Center Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Spencer Cycle Center Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Spencer Cycle Center Inc..


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Spencer Cycle Center Inc. products) shall be in the state or federal courts located in Rowan County, North Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Spencer Cycle Center Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Spencer Cycle Center Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Spencer Cycle Center Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Spencer Cycle Center Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Spencer Cycle Center Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Spencer Cycle Center Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Spencer Cycle Center Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Spencer Cycle Center Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Spencer Cycle Center Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Spencer Cycle Center Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Spencer Cycle Center Inc., Spencer Cycle Center Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Spencer Cycle Center Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Spencer Cycle Center Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


 Returns

  • If you are not satisfied with the merchandise you receive, contact us immediately within 10 days of recieving by phone before returning any item and receive a return authorization number to include with any returned item.
  • Returns are accepted as long as they are within 30 days of delivery, and in new and unused condition, parts MUST be in oringinal boxes with NO markings on them.
  • The package or part MUST be in resalable condition. We suggest you do not mark or tape or anything on the package if you are returning it.
  • We do not accept returns over 30 days from date of invoice.
  • Regularly stocked items will receive full credit. If the product was defective, or we send the wrong part, or the problem originated on our end, we will refund shipping charges. Otherwise you will be responsible for shipping charges both directions.
  •  To save yourself money we suggest you return any products via UPS ground service, or through insured US mail.
  • There will be NO CREDIT TO YOUR CREDIT CARD ACCOUNT OR CASH REFUNDS. You will received a store credit with us and your account will be issued a credit for the merchandise returned. You may redeem the credit any time or exchange the credit for other merchandise. The ONLY exception is if the error is on our part -ie: we ship wrong part.
  • In the case of refusal of delivery we will still collect all shipping charges that apply, unless prior arrangements have been made. Your account will be suspended until shipping charges are paid!
  •  Acceptance of any returns is completely at our discretion.
  •  All returns are and will be subject to a 20% restocking fee, or may not be refundable. The restocking fee is applied at our discretion.
  • Special Order items or parts are not returnable. Closeout or discounted product will not be accepted for return or credit unless they were mis shipped or covered by warranty.
  • Please open your packages as soon as you receive them,do not wait 1 or more months to open them and then discover something is not correct.We will not be able to help if this is the case.
The return address is:
 
Return Auth#
Attention: Returns
SpencerCycle.com
1213 South Salisbury Avenue
Spencer, North Carolina 28159

 
 
Terms of Conditions of Sale
 

Agreement-

The sales agreement between Spencer Cycle Center Inc./SpencerCycle.com and customer consist of the terms & conditions set forth on this document (“the agreement”) Spencer Cycle include products manufactured and purchased for resale by Spencer Cycle Center Inc./SpencerCycle.com. By becoming a customer or member of Spencer Cycle Center Inc./SpencerCycle.com. Customer accepts all terms and conditions of this sales agreement as set forth on this document. Customer acknowledges agreement by purchasing parts from our website or directly from our store, but not limited to telephone or open air markets.

Taxes-

Customer shall be responsible for all such taxes

Collection Expenses-

Customer shall pay all cost and expenses arising out of the collection of any outstanding balances owed Spencer Cycle Center Inc/SpencerCycle.com. under this agreement, including but not limited to, reasonable attorney’s fees

Warranty Disclaimer-

The materials and products sold by Spencer Cycle Center Inc./SpencerCycle.com are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SpencerCycle.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. All products are intended for off road purposes or closed course competition only. Items are covered by warranty from the individual manufacturers. Generally, warranties cover defects from normal use. Damage from improper use, abuse, neglect, and accidents are not included under warranty coverage. In addition, some manufactures have other specific exclusions. It is the sole discretion of the manufacturer to repair or replace defective merchandise. Labor and shipping are not covered under any warranty. For more specific information, please read any manuals included in the product packaging or contact the manufacturer.SpencerCycle.com will extend to its customers manufacturer's warranty on merchandise at our discretion purchased from us. However, we make no warranty, expressed or implied, as to the merchantability or fitness for any particular purpose of the merchandise that we carry, sell or distribute. SpencerCycle.com reserves the right to make any and all decisions regarding any warranty adjustment, if any.

Limitation of Liability-

Spencer Cycle Center Inc. Assumes no liability for damages incurred by the purchaser, in the use of products manufactured by and for Spencer Cycle Center Inc. The purchaser assumes all liability and responsibility for attaching and or installation and maintaining any product manufactured by or for Spencer Cycle Center Inc. The purchaser understands that any alteration or modification to a motorcycle or motor vehicle may increase the risk of personal injury, death, or an accident. Installation of this product means the purchaser has read, understand and accepts all liability for using this product. The purchaser releases the parts manufacturer, and Spencer Cycle Inc./SpencerCycle.com from all liabilities pertaining to the installation and use of purchased parts. Chroming, sanding, grinding or any alteration to the product in any way other than the way it is supplied to you voids all warranty. All products are intended for off-road closed course competition use only . Spencer Cycle Center Inc./SpencerCycle.com will not be liable for any damages to person or property resulting from the presence or use of products we manufacture, sale ,distribute, whether such products are use separately or in combination with any other parts or substances.
Risk of Loss-Risk of loss to products will pass to customer at time of delivery or at time of pick up by customer

Indemnification-

You agree to indemnify, defend, and hold harmless Spencer Cycle Center Inc./SpencerCycle.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, (including reasonable attorneys' fees including but not limited to reasonable attorney’s fees) with respect to injury (including death) to any person or damage to any property arising out of the sale, resale, repair, replacement or use of any product purchased from Spencer Cycle Center Inc./SpencerCycle.com

Governing Law-

This agreement shall be governed by the laws of the State of North Carolina

NonWaiver-

No delay or failure of Spencer Cycle Center Inc./SpencerCycle.com in exercising any right under this agreement shall be deemed to constitute a waiver of that right or any other right herewith

Delivery-

Spencer Cycle Center Inc./SpencerCycle.com will deliver all products to customer F.O.B. or from our store, warehouse. Spencer Cycle reserves the right to make partial delivery or ship products as they become available. Customer will pay or reimburse Spencer Cycle Center Inc./SpencerCycle.com for all freight and transit charges at time of delivery

Delays-

Spencer Cycle Center Inc./SpencerCycle.com will not be liable for damages due to the delay or failure to perform any obligation under this agreement if such delay or failure results directly or indirectly from circumstances beyond its control, including without limitation, labor disputes, riots, fires, war, lockouts, acts of government, inability to obtain raw materials, equipment or vehicle failures, earthquakes, or other natural disasters.

 

 

This agreement is the complete and exclusive agreement between the parties, supersedes any and all prior oral or written communications, proposals and agreements, and may not be modified or amended except by written agreement of the parties

 

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