|
McCoy Motorsports Purchase and Return / Exchange Policies
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN McCoy Motorsport’s INVOICE OR OTHER McCoy Motorsports DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND McCoy Motorsport HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale constitute a binding contract between Customer and McCoy Motorsports. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on McCoy Motorsport’ss Website (the "Site"). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
These Terms and Conditions of Sale constitute the entire agreement between Customer and McCoy Motorsports relating to the Terms and Conditions of Sale of products on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms and Conditions of Sale contained herein and in McCoy Motorsport’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, "Customer" means the person or entity that purchases, places an order or otherwise shops at McCoy Motorsport’s website.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Kentucky, excluding its conflicts of law rules. Customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale or Customer's use of this site shall be filed only in the state or federal courts located in the State of Kentucky, and Customer further agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SHIPMENTS; RISK OF LOSS
When Customer places an order, the order will be shipped to an address designated by Customer as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to Customer upon delivery of the items to the carrier. Customer is responsible for filing any claims with carriers for damaged and/or lost shipments. McCoy Motorsports retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
EXPORT SALES
If this transaction involves an export under the Export Administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the United States by McCoy Motorsports were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
WARRANTIES
Customer understands that McCoy Motorsports is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not McCoy Motorsports. All products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by McCoy Motorsports.
McCoy Motorsports AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF McCoy Motorsports, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
LIMITATION OF LIABILITY
IN NO EVENT WILL McCoy Motorsports OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF McCoy Motorsports HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, McCoy Motorsport’s LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NEITHER McCoy Motorsports NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER McCoy Motorsports NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
McCoy Motorsports will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
SAFETY
Motorcycles can
be dangerous. McCoy Motorsports has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part.
INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless McCoy Motorsports and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on McCoy Motorsport's website. McCoy Motorsports reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with McCoy Motorsports in asserting any available defenses.
McCoy Motorsports
will not accept returned goods without prior approval in the form of an RMA number. Packages sent to us without a valid RMA number will be refused and returned to sender!
Requests for return or exchange must be made within 15 days from receipt of products from McCoy Motorsports. We will not accept any returns after 30 days, no exceptions.
Refused orders and/or returns without exchanges shall be subject to a 20% restocking/handling charge. (In other words, if you return something and just want your money back, you will be charged a 20% restocking fee)
McCoy Motorsports retains the right to change listed pricing without notice as well as refund any customer purchases due to any error.
Customer is responsible for all shipping fees. Original shipping costs are not refundable.
We understand sometimes the wrong parts are ordered and McCoy Motorsports happy to exchange your purchase if you have ordered an incorrect product, but please do not damage the packaging or remove the tags and/or protective coverings from your merchandise until you've determined that it's the right size. Our return department will be able to determine if you have used the items. Failure to follow this instruction may result in additional charges and/or refusal of your return.
The following fees will be assessed for exchanges of the following product types:
·
Helmets, Gloves, Jackets, Paints, Boots and Leather Suits will entail a $30.00 fee.
·
All other items are subject to a $15.00 exchange fee, depending on the items.
We must charge these fees because the companies charge this to McCoy Motorsports. We only offer this service as a courtesy to help our customers with wrong orders.
If you return something and want an in store credit, a re-stocking fee of 10% will be assessed.
Your monthly statement will NOT show any credit when you return an item only your account with McCoy Motorsports will show a credit of merchandise or exchange for the same value.
Occasionally "back orders" occur on items when manufactures cannot keep up with our demand, all cancelled items at the customer's request will be for in store credit only. Rest assured McCoy Motorsports stocks its products and if this situation occurs your items will be delivered as quickly as possible.
All returns MUST HAVE A PRIOR RETURN AUTHORIZATION NUMBER OR NAME. When calling for a return authorization number, please have your credit card approval number ready before calling.
A RETURN APPROVAL NUMBER
AND A
COPY OF YOUR RECIEPT MUST ACCOMPANY
ALL RETURNS. Returns will not be accepted without approval number printed clearly on the outside of your box. If the return department receives your package without an RA number on the outside of the box it will be refused!
Parts authorized for return must be in original packing ONLY! ABSOLUTELY NO SUBSTITUTIONS WILL BE ACCEPTED!
All returned merchandise must be in its original, new, unused, unworn condition, and include its original undamaged packaging, attached tags, instructions, etc.
Special
Note: Helmets must be placed in their protective cover/bag before placing in their respective box to avoid damage to the helmet finish (i.e., scuffing). Helmets not returned in their respective protective cover/bag before boxing may not be accepted by McCoy Motorsports return department, and may be returned to the sender.
Never ship an item in its original manufacturers packaging - it
will arrive damaged. Please use a postal box or other adequate packaging to ensure your return is not damaged on the way back to our returns department
Parts that were originally shipped in vendors plastic bags, skin packed or boxes must be returned in that original packing. PARTS CANNOT BE RETURNED IF THEY HAVE BEEN INSTALLED…. No exceptions.
NO WRITING of any kind is allowed on the original supplier packages or boxes. They will be returned to the customers if written on.
Absolutely no returns on custom ordered parts or wheels. No exceptions, manufactures will handle wheel issues directly. No exceptions!
Merchandise must be returned pre-paid as McCoy Motorsports will not accept any returns sent
COD or “Freight Collect.”
McCoy Motorsports will not refund shipping charges for any returns or exchanges.
Please follow these guidelines to prevent any unnecessary charges. All returns or exchanges must be received within 15 business days from the date the RMA is issued! Any returned items that do not follow the guidelines listed above will be returned and no credits will be issued. Please remember to place your RA number on the outside of the box of it will be refused!
INTERNATIONAL RETURNS:
All International returns must adhere to all the conditions mentioned above. In addition, the sender is the exporter of record and is solely responsible for all shipping costs and applicable duties and taxes. All non-compliant shipments will be refused by McCoy Motorsports. Refunds will be processed in U.S. dollars. Product exchanges processed and shipped to International customers will be assessed shipping charges in accordance to McCoy Motorsports International Shipping Fees supplied by our shipping department unless the exchange is a result of an error by McCoy Motorsports. The recipient of the shipped exchange product is the importer of record and is responsible for all duties and taxes.
All Returns should be sent to:
McCoy Motorsports
Attn: Returns Dept. RA# (your RA #)
559 North Mayo Trail
Pikeville, KY 41501
| 
