Terms & Conditions

Kolpin Outdoors, Inc., DBA Kolpin Powersports, Inc. (Seller) acknowledges and accepts the order of Buyer as identified on the face of the Acknowledgment, and agrees to sell the items there described (Goods) on the terms and conditions set forth herein.

SALE: Seller agrees to sell, transfer and convey to Buyer, and Buyer agrees to purchase the Goods subject to the prices and terms of sales contained herein and on the face of this Acknowledgment. Any preceding purchase order or verbal agreement is superseded by these terms and conditions, and any changes to these terms and conditions must be made by means of a change order confirmed by a revised Acknowledgment.

DELIVERY: Seller will make its best efforts to meet the delivery date specified on the face of this Acknowledgment, and to notify Buyer of any delays or if any item is to be backordered. Buyer may cancel this order without penalty if delivery is to be delayed, and may cancel any Goods which are backordered, but must do so at least three days in advance of the revised ship date.

RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods on arrival at Buyer’s facility. Within three business days of delivery, Buyer must give written notice to Seller of any claim with respect to the conditions, quality or quantity of the Goods, or of any other non-conformance by Seller to these terms and conditions, specifying the basis of the claim in detail. Seller may, at its option, inspect the Goods at Buyer’s facility. Failure of Buyer to comply with these conditions within the time set forth herein shall constitute irrevocable acceptance of the Goods by Buyer. In the event the Goods do not conform to this Agreement, Buyer’s sole remedy and Seller’s sole obligation shall be to, at Seller’s option, replace the goods at Seller’s expense or credit Buyer for the amount of the purchase price of the non-conforming Goods.

RETURNS: No goods shall be returned to Seller unless Seller has approved such return and has issued a return authorization number (RA) to Buyer. The return authorization number must be clearly marked on all cartons and documents related to the return. All return freight charges shall be the responsibility of the Buyer.

TRANSFER OF TITLE: Title to and ownership of the Goods shall not pass from Seller to Buyer until Buyer has paid the purchase price in full to Seller.

LIMIT OF LIABILITY: In no event shall Seller be liable for any special, indirect, incidental or consequential damages arising out of or connected with this Acknowledgment or the Goods, regardless of whether a claim is based on contract, tort, strict liability or otherwise, nor shall Buyer’s damages exceed the purchase price of the Goods.

TAXES: Buyer shall pay or reimburse Seller as appropriate for any sales, use, excise or other tax imposed or levied with respect to the payment of the purchase price of the Goods or the conveyance of title in the Goods to Buyer. In no event shall Buyer be responsible for any tax imposed upon Seller’s income or business establishment.

HEADINGS: Headings used in this agreement are provided for convenience only and shall not be used to construe meaning or intent.