Sale Terms and Conditions
Welcome to the Zero Motorcycles website and mobile application Sale Terms and Conditions (“Sale Terms”). These Sale Terms apply to the products available for sale on our through the Zero Motorcycles website and mobile application (which we refer to in these Sale Terms as the “Site,” which also refers to any content, functionality, and services offered on or through the website and/or mobile application).
The Site is owned and/or operated by Zero Motorcycles, Inc., who we refer to in these Sale Terms, together with our affiliates, as “us,” “we,” “our,” and/or “Zero Motorcycles.” When we refer to “you” and “your” in these Sale Terms, we are referring to you as a user of the Site and/or a purchaser of our products.
Acceptance of Sale Terms
YOU SHOULD CAREFULLY READ THESE SALE TERMS. By using the Site and/or placing any order for any electric motorcycle, parts, accessories, or other products (“Products”) through the Site, you agree to be bound by these Sale Terms, which form a binding contract between you and us. If you do not agree to these Sale Terms, you should not place any orders through the Site.
Your Authority to Purchase Products
To place an order on the Site, you must be at least  years old. By making any purchase on the Site, you are representing and warranting that you are old enough to do so, and that you meet all legal criteria for ownership and use of the Product(s) purchased. Except as described in these Sale Terms or as required by applicable law governing on-road or off-road motor vehicle sales and operations, Zero Motorcycles has no age restrictions governing the purchase of Products.
If you purchase an electric motorcycle, you are representing and warranting to us that you understand the nature of riding an electric motorcycle and related activities, that you are qualified and legally permitted to operate said electric motorcycle, and that you are in proper physical condition to participate in such activity. If you are not familiar with the nature of riding an electric motorcycle, you should seek professional training before operating an electric motorcycle.
You accept full and complete responsibility for all use of any electric motorcycle or other Product, including all use by others. You are responsible for registering and operating the Products you purchase in accordance with local and state laws and ordinances. Zero Motorcycles makes no representations that its Products are legal for operation in your city and state.
Products available for purchase through the Site are for personal use only and are not to be purchased for purposes of resale.
Assumption of All Risks
WARNING: Riding an electric motorcycle off road or on road involves risks and dangers of serious bodily injury including disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by a rider’s own actions or inactions, the actions or inactions of others, the condition in which the riding activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to you, not readily foreseeable.
When you purchase or use any Product, you expressly and voluntarily assume all risks of any nature for any death, injury, or damages to yourself others, your property or the property of others, which may in any way, whether foreseeable or not, arise out of your use of that Product, including any risks arising out of or relating to (a) the condition of or safety of any roadways, premises, or property on which your electric motorcycle is operated; (b) the use of, failure to use, or absence of any safety devices or safeguards; and (c) the conditions and circumstances under which the electric motorcycle is used.
To place an order, you should follow the instructions and prompts on the Site. When you place an order, by clicking on the “Confirm” (or any similar) button at checkout, you are committing to purchase the requested Products from the Site.
Once an order is placed, it is subject to our acceptance. We may refuse orders, at any time after receipt of your order, or any part of any order, for any reason without any liability to you (other than a refund of any charge made in respect of such order). Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We may require additional verifications or information before accepting any order.
After your order is placed, if it is accepted Zero Motorcycles will send you an email confirmation within 10 business days and provide you with an order confirmation number.
By placing an order with Zero Motorcycles, you consent to receive email from Zero Motorcycles regarding your order. You can always contact us at email@example.com if you have any questions concerning your order.
Product Descriptions and Product Availability
We are the supplier of the Products available for purchase on the Site. We try to be as accurately as possible when describing Products, but we do not guarantee that the Product descriptions are accurate, complete, reliable, current, or error free. The colors of Products may vary depending on the display and color capabilities of your particular computer monitor or another device screen. We are not responsible for the limitations of your device’s display of any color or other Product detail.
If any Product description or other content on the Site contains incorrect information, or if any Product is listed at an incorrect price, whether due to typographical errors or error in pricing information, we have the right to refuse or cancel any orders placed for all Products listed at the incorrect price. We will have this 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 cancelled, Zero Motorcycles will issue a credit to your credit card account in the amount of the incorrect price, usually within 3 business days.
Reference to any Product on our Site does not imply or guarantee that it will be available at the time you place an order. Specific Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products, all for any reason whatsoever and with no liability to you or any third party.
No Refunds or Exchanges
All sales are final, and no refunds or exchanges for Products purchased through this Website will be made except as described in these Sale Terms.
Once we have accepted an order, cancellations will only be accepted if we receive your cancellation at least one week before the shipment date. Once your item has left the warehouse, your order cannot be canceled.
Payments and Disputed Payments
Payments can be made by credit card or any other method of payment specified at checkout on the Site. Zero Motorcycles does not accept checks, drafts, or money orders for orders submitted through the Site.
By providing your credit card or other acceptable payment method to us, you are representing and warranting that you are authorized to use that payment method, and that you authorize us (or our third party payment processor) to charge that payment method for the total amount of your purchase, including all taxes and delivery charges.
When you place an order for Products, we may request an initial deposit with the final balance due upon shipment. Your initial deposit is totally refundable up to one week before shipment if you cancel your order in accordance with these Sale Terms. [We will phone or email you to receive payment information before shipping.]
If at any time your payment method cannot be verified, is invalid, or is otherwise not accepted, we may suspend completion of your order until we are able to resolve the issue to our satisfaction. You will bear all costs associated with any disputed credit card charge which results in an action from our merchant account provider, otherwise known as “chargebacks”.
Pricing, Taxes, Shipping and Handling Costs.
Prices offered on the Website are quoted in U.S. Dollars (unless otherwise indicated for international sales). Such prices do not include shipping and handling, expedited service, or sales taxes (or VAT), if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order.
Shipping and Delivery
When your Products are shipped, Zero Motorcycles will send you a shipment confirmation with the shipping carrier tracking number, if available. We may make partial shipments of any order.
Delivery dates are approximate and are dependent upon (1) receipt of all your information necessary to process the order, (2) your compliance with all of the payment terms, and (3) your compliance with all terms, obligations, covenants and conditions of these Sale Terms. Unless otherwise specified herein, Zero Motorcycles will deliver the products ordered F.O.B. carrier at Zero Motorcycles’ plant in Scotts Valley, California, or F.O.B. place of shipment of Zero Motorcycles’ supplier.
Any individual at your delivery address who accepts a delivery from us is presumed to be authorized to receive the delivery. Unless otherwise specified in these Sale Terms, upon such delivery, title and all risk of loss or damage to such Products will pass to you.
If you purchase any Products through the Site, it is your responsibility to inspect them and ensure that they are in good working order and safe to use. You must promptly inspect your shipment following delivery, and report any damages or other issues to Zero Motorcycles. Once you accept delivery of a Product, you are responsible for any and all damage to the Product.
If you encounter any problems with a delivery or shipment, you should contact us immediately at firstname.lastname@example.org. We are not responsible for any damage to any delivery caused by the carrier or any other third party. In addition, we are not responsible for any shipment error (such as an error in the specific Product or quantity ordered) unless you notify us of the error within [14 days] of delivery.
Unless a different warranty is stated on the Site for a specific Product or is affixed to the Products by Zero Motorcycles or our manufacturer, or is specified in writing in any maintenance or operating instructions pertaining to the Products, Zero Motorcycles warrants that all Products sold by Zero Motorcycles to you, the purchaser, will be free from defects in materials and workmanship. THIS WARRANTY WILL EXPIRE TWELVE (12) MONTHS AFTER THE DATE ON WHICH SUCH PRODUCTS (EXCLUDING REPAIRED OR REPLACEMENT PRODUCTS FURNISHED PURSUANT TO THIS WARRANTY) ARE SHIPPED BY ZERO MOTORCYCLES TO THE INITIAL PURCHASER. THERE ARE NO OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WHICH EXTEND BEYOND THE ABOVE DESCRIPTION HEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, YOU ACKNOWLEDGE THAT ZERO MOTORCYCLES’ GENERAL LITERATURE AND PRODUCT INFORMATION DO NOT CONSTITUTE WARRANTIES OF PERFORMANCE OR QUALITY AND THAT BEFORE AGREEING TO PURCHASE ANY PRODUCT, YOU HAVE EXAMINED OR REFUSED TO EXAMINE THE PRODUCTS DESCRIBED HEREIN OR SAMPLES OR MODELS OF EACH AS FULLY AS DESIRED AND THAT THERE IS NO IMPLIED WARRANTY WITH REGARD TO ANY CONDITION OR DEFECT WHICH AN EXAMINATION OUGHT TO REVEAL.
Zero Motorcycles will, at its sole discretion, repair, replace or update, free of charge, or refund the purchase price paid for any such Products which is defective under the terms of the foregoing warranty provided that you (1) promptly notify us in writing of such defect, (2) furnish to us satisfactory proof thereof, (3) establish that the Product has been properly stored, assembled, installed, serviced, maintained, operated, and used within the limits of rated capacity and normal usage, and in accordance with current operating and maintenance instructions furnished by us, (4) have not altered or modified the Product in any manner without our prior written consent, and (5) if requested by us, return the defective Product to us and pay all expenses incurred in connection with such return. The repaired, replacement or updated Product will be delivered, free of charge, to you, the buyer, F.O.B. Zero Motorcycles’ warehouse or at our option, F.O.B. our authorized service shop. You will pay all cost applicable to the Product following such delivery, including all handling, transportation, assembly, installation, insurance, testing, and inspection charges.
THE FOREGOING OBLIGATION TO REPAIR, REPLACE, UPDATE OR REFUND THE PURCHASE PRICE PAID FOR THE PRODUCTS WILL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER AND ANY OTHER USERS OF THE PRODUCTS FOR ANY BREACH OF THE FOREGOING WARRANTY. ZERO MOTORCYCLES HEREBY EXPRESSLY DISCLAIMS ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, APPLICABLE TO REPAIRED OR REPLACED PRODUCTS FURNISHED PURSUANT TO THE FOREGOING WARRANTY.
Limitation of Liability
The total liability of Zero Motorcycles (including our subcontractors) for any loss, damage, or claim, whether in contract, tort (including negligence and liability without fault), or otherwise, arising out of, connected with, or resulting from any offer of and/or sale of Products, the performance or breach of any contract based upon any offer of and/or sale of Products, and/or the use by you or any other person of any Products, including any repaired or replacement part or equipment, will not in any event exceed the price allocable to the Product, part, or equipment, which gives rise to the claim, loss or damage. In no event, whether as a result of breach of contract, warranty, alleged negligence, or liability without fault and regardless of whether Zero Motorcycles has been previously advised of the possibilities of such damages, will Zero Motorcycles be liable for any indirect, incidental, special or consequential damages, including personal injury, death, property damage, loss of profits or revenue, loss of business, or loss of use of the equipment described herein or any associated equipment, cost of capital, cost of substitute equipment, parts, or labor costs.
In no event will Zero Motorcycles be liable for non-delivery or delays in delivery of any Products or for failure or delay in the performance of any other obligations contained in these Sale Terms or otherwise on the Site arising directly or indirectly from matters beyond our reasonable control, including acts of God, unforeseeable circumstances, acts (including delays or failure to act) of any governmental authority (de jure or de facto), war (declared or undeclared), riot, revolution, priorities, fires, floods, weather, strikes, labor disputes, sabotage, epidemics, factory shutdowns or alterations, embargoes, delays or shortages in transportation, delay or inability to obtain or procure labor, manufacturing facilities, or materials, or any inability to obtain timely instructions or information from you.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS ZERO MOTORCYCLES AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR PURCHASE AND/OR YOUR OR ANY OTHER PERSON’S USE OF ANY PRODUCTS PURCHASED VIA THE SITE.
Governing Law, Choice of Forum, Jury and Class Action Waiver
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Sale Terms, including their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Sale Terms shall be brought solely in the State of California. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH ANY PURCHASE OF PRODUCTS AND/OR THESE SALE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
If any provision of these Sale Terms is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Modifications to these Sale Terms
Zero Motorcycles reserves the right to update, revise, supplement, modify or amend these Sale Terms at any time. Any update, revision, supplementation, modification or amendment will be effective immediately upon its posting on the Site. You can review the most current version of these Sale Terms at any time by accessing the section of the site labeled “Terms of Sale,” and you are expected to check this page from time to time to take notice of any changes that we made to the Site or these Sale Terms. You understand and agree that your purchase of any Products after any posted update to these Sale Terms indicates your acceptance of these Sale Terms as updated, even if you did not take the time to read them.
Last Modified: May, 2019