Order a UTV

Terms & Conditions of Purchase and Sale By submitting a Purchase Order for the purchase of products, Customer acknowledges and agrees to comply with and by bound by the following terms and conditions: Orders Customer will initiate offers to purchase products by the submission of a Purchase Order to Tankchair LLC. Purchase Orders will identify the products, unit quantities, accessories and descriptions. All Purchase Orders are subject to Tankchair LLC’s acceptance, in its sole discretion, according to product availability and these governing Terms and Conditions. No terms and conditions of Purchase Orders that are different from these Terms and Conditions will become part of any sales agreement, purchase order, or other document unless specifically approved in writing by Tankchair LLC. Prices All prices are set forth in US dollars. All quoted prices are subject to change without notice. Prices charged are those in effect at the time of shipment and Customer agrees to pay such prices, subject to any Customer specific pricing and transaction related charges. Prices may increase before shipment in the event Tankchair LLC's costs increase. If delivery is delayed at Buyer's request beyond the originally scheduled delivery date, prices are subject to revision. Products invoiced and held by Tankchair LLC at Customer's request will be held at Customer's sole risk and expense above and beyond the purchase price, including but not limited to storage and handling charges. Terms of Payment Standard term of payment is 50% non-refundable down payment due upon receipt of invoice, and the remaining 50% plus shipping cost prior to shipment. Payment shall be made as follows: a. For Customers having an established place of business in the United States (excluding protected territories and possessions) and requesting delivery of product in the United States (excluding protected territories and possessions), Customers may pay by personal/business check, cash, money order or major credit card (MasterCard or Visa with additional processing fee to Customer). b. For Customers requesting delivery of product to locations outside of the United States, Customers must pay by wire transfer of funds only. All international orders will be charged a $30 wire transfer fee. Normal terms will apply to US companies exporting to foreign countries. c. For Customers paying by personal/business check, a $25 fee will be charged for returned checks. If Customer is in default of any payment, Tankchair LLC may, in its sole discretion, suspend or cancel delivery of product under any and all Purchase Orders or cancel any and all Purchase Orders, in whole or in part, and Customer shall be liable to pay Tankchair LLC for products already shipped. Delivery & Title All orders are shipped from Tankchair LLC’s facility. Products will be shipped via the shipping carrier of Tankchair LLC’s sole discretion unless requested otherwise by Customer intending to pick up the product themselves from Tankchair LLC. Customer acknowledges that delivery dates provided by Tankchair LLC are estimates only - not a warranty or guarantee -- and that Tankchair LLC will not be liable for failure to deliver product on such dates. Customer requests to reschedule delivery dates are subject to acceptance by Tankchair LLC in its sole discretion. Subject to Tankchair LLC’s right of stoppage in transit, delivery to a carrier will constitute delivery to Customer, and all risk of loss will thereupon pass to Customer; however, title in and to all products shall remain in Tankchair LLC until payment is made in full by Customer and received by Tankchair LLC. Any claims for shortages and/or damage to delivered products must be made to the carrier in accordance with the carrier's claims policy, but not more than ten (10) days after delivery of the product to the carrier. Inspection and Acceptance All products delivered shall be examined by Customer promptly upon receipt. Customer shall be deemed to have accepted the products unless a valid written notice of rejection, due to defect in the goods or non-conformance to the order, is received by Tankchair LLC within 30 days of Customer's receipt of goods. No such claims made after such period need be considered by Tankchair LLC. Return Policy Customer must obtain a material authorization number ("RMA No.") from Tankchair LLC before returning any product eligible for return. No return of eligible products will be accepted by Tankchair LLC without a return material authorization number (RMA No.), which will be issued at Tankchair LLC’s sole discretion. Special order products may not be returned for any reason if non-defective. All authorized returned products must be unused and re-saleable, with all packing materials. If returned products are claimed to be defective, Customer must notify a Customer Service Representative of the nature of the defect prior to returning the product. All items not eligible for return will be returned to customer, transportation costs collect. Product returned to Tankchair LLC by Customer for no fault of Tankchair LLC may be subject to a restocking/handling fee. Cancellation of Orders Orders may not be canceled (or rescheduled) after delivery of the products to the carrier. Cancellation requests on orders placed on the Tankchair.com website must be done internally by a sales representative. Tankchair, Speedster and Mongo are Special Order Products. Customer may not cancel special order products without forfeiting the required made deposit of 50% of the Purchase Order. All sales of special order products are sold on a final, non-cancelable, non-returnable, non-refundable basis. Limited Warranty & Limitations of Liability Tankchair LLC will NOT be responsible for repairing our products that have been worked on or modified by anyone not authorized by Tankchair LLC in writing. Any such repair costs will be borne by the Customer, including but not limited to parts, shipping charges and any travel expenses required for the repairs by authorized Tankchair LLC personnel. Tankchair LLC warrants the workmanship of the chassis for 5 years from date of manufacturing. All electric components including controllers, batteries, lights and other devices are covered under a limited warrantly for six months from its completion date. During the warranty period, Tankchair LLC will repair at no charge to you, any defects due to faulty workmanship. Tankchair LLC’s warranty does not cover damage caused by abuse, misuse, neglect, improper care or cleaning, repairs or modifications made by unauthorized individuals or companies without Tankchair LLC’s express written approval. Merchandise and materials are covered exclusively by the manufacturer’s warrantly, if any. WITH THE EXCEPTION OF THE FOREGOING WARRANTY, TANKCHAIR LLC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED WITH REGARD TO THE PURCHASE OF PRODUCTS, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PURCHASE OF PRODUCT UNDER THIS CONTRACT MAY BE BROUGHT BY CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. IN NO EVENT SHALL TANKCHAIR LLC BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (REGARDLESS OF HOW STATED) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF ELECTRONIC MEANS TO CARRY OUT A PURCHASE TRANSACTION, OR THE PURCHASE OF ANY PRODUCT HEREUNDER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF PROMOTIONAL OR MANUFACTURING EXPENSE, OVERHEAD, INJURY TO REPUTATION, LOSS OF GOODWILL, LOSS OF CUSTOMERS, INJURY TO COMPUTERS, NETWORKS OR TELECOMMUNICATIONS EQUIPMENT, WHETHER OR NOT TANKCHAIR LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CUSTOMER'S RECOVERY FROM TANKCHAIR LLC FOR ANY CLAIM EXCEED CUSTOMER'S PURCHASE PRICE FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. With respect to products that do not meet applicable manufacturer's specifications, Customer's sole remedy and Tankchair LLC's total liability is limited to a refund of Customer's purchase price for such products or replacement of such products; provided, however, that such products are returned, transportation charges prepaid, to Tankchair LLC along with acceptable evidence of purchase of such products from tankchair LLC, within twenty (20) days from the date of delivery to Customer. Force Majeure Tankchair LLC will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, terrorists acts, or war. Tankchair LLC's time for delivery or performance will be automatically extended by the period of such delay or Tankchair LLC may, at its option, cancel any order, in whole in part, without liability by giving notice to Customer. Export Controls Customer acknowledges that the products ordered and delivered may be subject to the export control laws and regulations of the United States of America and the country in which Customer is located. Customer shall be solely responsible for the determination of and adherence to the export control laws and regulations applicable to the products ordered by Customer. Customer agrees not to export or re-export products in violation of such laws and regulations. Moreover, Customer agrees not to export products or any documentation or information related thereto (i) to any country in which the United States has embargoed or restricted the export of goods and services (including but not limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or to any national of any such country or other person or entity, wherever located, who intends to transmit, transport or deliver products to such a country; (ii) to any end-user who Customer knows or has reason to know will utilize the products in the design, development or production of weapons of mass destruction, including but not limited to nuclear, chemical and biological weapons; or (iii) to any end user who has been prohibited from participating in export transactions by a governmental agency, including but not limited to any federal agency of the United States government. These restrictions may change from time to time. If Customer has any questions regarding its obligations under the export laws and regulations of the United States of America, Customer should contact the Bureau of Industry and Security, U.S. Department of Commerce. For current information and contact addresses and telephone numbers, see http://www.bxa.doc.gov/. Indemnification Customer agrees to indemnify and hold harmless Tankchair LLC from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and litigation expenses) arising from or related to (i) the purchase, use and/or distribution of products supplied by Tankchair LLC in violation of the terms and conditions of this Agreement, (ii) the negligence or lack of due care by Customer, Customer's customers, agents, employees or invitees, in whole or in part, and (iii) infringements of third party intellectual property or other proprietary rights arising from the use or distribution of supplied products by Customer, Customer's customers, agents, employees. Governing Law This Agreement shall be construed and controlled by the laws of the State of Arizona, without application of its conflict of laws provisions, and the applicable laws of the United States of America. Customer consents to jurisdiction and venue in the state and federal courts sitting in the State of Arizona. The United Nations Convention on the International Sale of Goods shall not apply and its application is hereby expressly excluded. Relationship of Parties The parties to this Agreement are independent contractors and neither this Agreement, nor any terms or conditions herein, shall be construed as creating a joint venture, partnership, agency or franchise relationship. Consent to Electronic Agreement, Records & Signatures This Agreement or any purchase transaction (or any signature, writing, or record pertaining thereto) shall not be denied legal effect, validity, or enforcement solely because it is in electronic form and/or because an electronic signature or electronic record was used in its formation. Customer expressly consents to Tankchair LLC's use of electronic documents and records to provide purchase transaction information. Upon reasonable request, Customer may obtain a printed copy of electronic documents and records pertaining to Customer's purchase transaction(s) at Tankchair LLC's cost of preparation and mailing of such copies. Entire Agreement This Agreement shall constitute the entire agreement between the parties with respect to the purchase of products and supersedes all prior or contemporaneous communications, both oral or written. Neither this Agreement nor any Purchase Order shall be modified except in writing signed by a duly authorized representative of each party. No waiver, failure or delay by Tankchair LLC to enforce any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same of any other provision hereof, and no waiver shall be effective unless made in writing and signed by a duly authorized representative of the waiving party. Severability If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid and/or unenforceable, the remaining provisions shall remain in full force and effect. Section Headings The section headings used in this Agreement are for convenience only and shall not be deemed to supersede or modify any provision.