Last updated: 12-22-22
Website Usage Terms
Please read these Terms and Conditions carefully before using the https://primekarts.com website (the “Service”) operated by Prime Karts.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Access to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address, home phone number, business phone number, mailing address, billing address, or other identifying information.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at https://primekarts.com/policy. By using the Service, you consent to the processing described therein and warrant that all data provided by you is accurate.
Third-Party Links
Our Service may contain links to third-party websites or services that are not owned or controlled by Prime Karts. Prime Karts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Prime Karts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such web sites or services.
Purchase Terms
Terms
Buyer agrees to pay for the products according to the Seller’s payment terms. Payment in full is due before shipping the order. In the event Buyer fails to make any payment to Seller when due, issues a chargeback to a credit card, stops payment on a check, or in any way does not make good on the payment terms, Buyer’s entire account(s) with Seller shall become immediately due and payable without notice or demand and are subject to monthly service charges of $35.00 in addition to the rate of 1.5% per month or at the maximum contract rate permitted by law; for all past due amounts. Buyer will be charged $50.00 for all unauthorized chargebacks. Buyer does hereby grant Seller a purchase money security interest in the products until such time as Seller is fully paid. Buyer will assist Seller in taking the necessary action to perfect and protect Seller’s security interest. By placing the order, Buyer agrees with the terms and conditions of purchase from Prime Pedal Karts, LLC. These terms will apply to current and future orders between Buyer and Seller unless the Buyer advises the Seller in writing that it is specifically for a single transaction. In the event that Seller agrees to extend payment terms to Buyer, the Buyer agrees that payment will be received by Prime by the due date, or Seller may apply interest as previously listed.
Warranty
Prime Pedal Karts, LLC warrants each new PRIME Pedal Go-Kart against defects in material or workmanship for a period of 1 year after ship date for private use customers. All other Prime Recreation products have a 90 day warranty against defects in material or workmanship. Prime Pedal Karts will at our option, repair or supply, new or rebuilt replacement parts in exchange for defective parts for the period specified. Proof of purchase in the form of a bill of sale may be required to obtain warranty replacement parts. This warranty does not cover cosmetic damage or damage due to weather, accident, misuse, abuse, negligence, loss or theft. Modification of or to any part of the product that is not authorized in writing by Prime Pedal Karts is not covered. This warranty does not cover damage due to improper operation, failure to perform routine maintenance based on use/application or exceeding published specification limits. Any damage during shipping must be addressed directly with the carrier for compensation. This warranty does not cover customer instruction, installation or set up adjustments. Prime or its authorized representatives shall not be liable for damages from delay or loss of use or from any indirect or consequential damages of any kind, whether caused by defective material or workmanship nor otherwise; and is strictly limited to the repair or replacement of parts as herein provided. Prime Pedal Karts does not warrant merchantability or fitness of use. This limited warranty is void if any product is used in any competitive sport, stunt riding, jumping, or similar activities; or ridden by more than one person at a time unless models are specifically designed for that purpose. This warranty does not apply to retail model karts when used in rental or any type of commercial application. It is the Buyer’s responsibility to make sure that the product is completely and correctly assembled and that all necessary maintenance and adjustments are made or this warranty is void. Wear items are not covered by this warranty. These items include, but are not limited to, tires, tubes, pedals, chains, cables, bearings, seals and bushings.
Taxes
The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the Florida taxing authorities. Any taxes which Seller may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to Seller upon demand. Florida sales tax will be collected on ALL shipments shipped directly to a Florida address.
Shipments
All products are shipped F.O.B., point of shipment. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer’s representative, or common carrier. The cost of any special packing or special handling caused by Buyer’s requirements or requests shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if Seller ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer. Claims for products damaged or lost in transit should be made by Buyer to the carrier, as Seller’s responsibility ceases upon tender of goods to Buyer, Buyer’s representative or common carrier. If shipping insurance is required by the Buyer, it must be requested before the order is shipped.
Returns
Within 30 days from the invoice date, Buyer may return a product in new condition provided the following conditions are met and agreed to. Before you return anything, you must contact us at 866-475-0450 or e-mail info@primekarts.com and request a return material authorization number.
Any item returned without prior authorization will be refused.
All returns must be sent prepaid. Send to Prime Pedal Karts, LLC 9235 Roe Street, Pensacola, FL 32514
Returned items should be packed well, in the original box. Be sure to insure the package with the carrier and take pictures before the package ships. There will be a 20% restocking fee for all returns. No returns over 15 days from the invoice date will be accepted.
Prime Pedal Karts, LLC reserves the right to deny a return on items damaged by the customer during installation, assembly, or return shipping.
We cannot accept returns for merchandise damaged in shipping en route to the customer. We take special care to insure each item that is shipped is properly packaged before it leaves our warehouse. If you receive our products damaged, you must note the damage when signing for the item or call the shipping company immediately upon discovering the damage. It is important to save all packaging materials and call us within 2 business days so we can begin the claim process. If and when we are reimbursed for damaged goods, we will refund or replace them to you. Merchandise is sent F.O.B. our dock, which means that once it leaves our dock, the contract for shipping is between you and the shipping company.
Special orders, non-stocked parts, tools, shipping costs or manuals are NOT refundable. Once we receive the returned merchandise and inspect the items, a product refund will be issued within 10 business days, less a 20% restocking fee. Any repackaging fees, damage, or other parts or labor needed to make the product saleable will also be itemized and deducted from any refund. Shipping charges are never refundable. If the original payment was made with a charge card, a credit will be posted to the same card. Purchases made by check will be refunded by check.
Recommendations by Seller
Buyer acknowledges that Seller does not make and specifically negates, renounces, and disclaims any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect to (i) the products sold, their use, design, application or operation, their merchantability, their physical condition or their fitness for a particular purpose, (ii) the maintenance or other expenses to be incurred in connection with the products, (iii) the engineering, design, fabrication work or any other work or service (whether gratuitous or for payment) supplied by Seller and/or its agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or documents furnished to Buyer. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its products and/or the rendering of its services. Any recommendations made by Seller concerning the use, design, application or operation of the products shall not be construed as representations or warranties, expressed or implied. Failure by Seller to make recommendations or give advice to Buyer shall not impose any liability upon Seller.
Governing Law
This transaction shall be governed in all respects by the laws of the State of Florida. All actions, regardless of form, arising out of or related to this transaction or the products sold hereunder must be brought against Seller within the applicable statutory period,
but in no event more than ONE (1) YEAR after the date of invoice.
Entire Agreement
This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification from Seller. All transactions shall be governed solely by the terms and conditions contained herein.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us at info@primekarts.com for more information.