Terms And Conditions Of Sale

PURCHASE AGREEMENT - TERMS & CONDITIONS
ACCEPTANCE TERMS – NOTICE TO BUYER

Proposals are valid until 30 days after the proposal date shown on your contract, though pricing may be modified in the event of any manufacturer price increases during this period.

It is the buyer’s responsibility to understand their rights associated with this purchase and the Terms and Conditions in which the Company is presenting. Please review the document carefully, as this document covers important information related to the transaction you are entering including the vehicle we are proposing, our liabilities and mutual responsibilities in the sale and service to this vehicle and the written warranties associated to the vehicle you are purchasing.

NO COOLING OFF

State law does not provide for a “cooling-off” or other cancellation period for vehicle lease or purchase contracts. Therefore, you cannot later cancel this contract after you have accepted this proposal and paid a deposit. After you sign this contract, it may only be canceled with the agreement of the seller subject to the terms of this agreement.

CANCELLATIONS

Cancellations or changes to your order may result in cancellation fees, change order fees, or restock fees pursuant to these Terms. Special order products, including but not limited to “Non-Stock” items such any “custom” vehicle or accessory including but not limited to new or refurbished vehicles with custom paint, custom seats, custom tops or custom logos; any special order vehicles such as the Garia Supersport, GEM or ICON EV, are considered custom order items and are not eligible for cancellation, without fees.

DELAYS IN DELIVERY

This proposal may include an “estimated delivery” expectation. The estimated date we provide is based on information we know from our Manufacturers and is not a “promise date”. Buyer fully understands how delays in the supply chain are affecting the global supply of goods and services and that delays on your order may occur due to matters unintended by Cart Mart. Therefore, buyer understands and agrees that Cart Mart shall not be held responsible for any delays by its suppliers in delivery of the vehicle and/or any its components and buyer. Buyer shall not be entitled to cancel this order without the expressed written consent by the Company and buyer is aware that penalty fees, including restocking fees will apply.

ACCEPTANCE OF DELIVERY 7 DAYS AFTER NOTIFICATION

We endeavor to deliver your order as quickly as possible, and we do so by adhering to a First in – First out (FIFO) policy. This means, your order will slot into our production schedule in the order of which it was received, pending receipt of the vehicle, its components and additional accessories.

Buyer agrees to accept delivery within 7 days of being formally noticed by Company that the order is ready for final inspection and delivery. Should buyer decline delivery, buyer agrees to pay a daily storage equal to $10 per day for storing the vehicle past 7 days.

INSPECTION BEFORE DELIVERY

It is the responsibility of the customer to inspect and approve the vehicle prior to delivery. To facilitate a final inspection meeting, customers are encouraged to schedule a return to the retail store and “sign off” (approve) on the vehicle prior to delivery. During the pre-inspection meeting, we will also collect any remaining payments due and set a delivery commitment. If Customer is unable or refuses to return to the store for final inspection, we will make all attempts to facilitate the inspection via teleconference (facetime or video).

PRICING

The prices and terms on this proposal are not subject to verbal changes or other agreements unless approved in writing by the Seller. All proposals and agreements are contingent on availability of product from the manufacturer. Prices are based on pricing and conditions existing on date of proposal and are subject to change without notice. Typographical errors are also subject to correction.

In the event of a price change by the manufacturer, Cart Mart will make its best effort to notify the customer of the increase and upon request, provide Buyer with official communication from the supplier justifying the price fluctuation. Company thereby reserves the right to adjust the price of the vehicle on the final invoice accordingly.

CHANGE ORDERS

Customer is aware that change order requests made after the commencement of the build may incur additional fees.

If change orders are requested after delivery has already been made, Customer is responsible for all charges including the additional costs of adding or changing items and that any additional costs for parts, labor, pick up & delivery charges may apply.

WARRANTY

Warranties shall be void if the vehicle or any component of the vehicle is abused or used in an unintended manner or shows indications that it has been altered in any way including, but not limited to, the modification of the speed governor, braking system, steering transaxle, or other operating systems of the car to cause it to perform outside manufacturer specifications. The warranty is likewise void if the vehicle shows indications that reasonable or necessary maintenance as outlined in the owner’s manual was not performed at the time and in the manner specified in such manuals and performed by a certified technician through an authorized dealer of the specific brand or product.

If you elect to service your vehicle with a third-party independent service provider who is unaffiliated with Cart Mart OR the manufacturer during the period that the vehicle is under warranty, you understand that no parts or service fees shall be reimbursable under the warranty. Only acceptable work performed by a licensed, certified, and authorized dealer of the brand can submit and claim warranty reimbursement.

Each manufacturer (OEM) has its own very specific and unique warranties, and they are all different. It is important to know that OEM’s provide a "limited warranty" which means that not all items are always covered under the factory warranty. Pick up & delivery fees for example, are not always included as a reimbursable item depending on the OEM. Battery warranties are also “limited” and batteries are pro-rated which means you may only be reimbursed a portion of the cost to repair or replace a battery depending on the age and condition of the battery per the OEM’s defined stipulation on batteries. Generally, warranties only replace the bad battery, NOT THE ENTIRE SET, under the OEM warranty. Wear and tear items are generally not covered under any OEM warranty program.

It is the Buyers responsibility to understand the specifics of the warranty prior to purchasing. Cart Mart provides an opportunity to sell extended warranty options which often protect against non-covered items under the OEM warranty such as pick-up and delivery, discounted rentals, parts, labor and other items generally not covered with the OEM’s.

ACCEPTED METHODS OF PAYMENT

ACCEPTANCE OF CORPORATE ISSUED PURCHASE ORDERS

Corporate entities with an established open credit line with Cart Mart may issue purchase orders pursuant to the payment terms of this proposal. The acceptance of this proposal via the use of our electronic signature collection is required. For Cart Mart to begin the processing of your order, we ask that this proposal be accepted by selecting "accept quote" via the electronic signature option. Cart Mart will also accept a Corporate issued purchase order after the attached proposal is accepted. Cart Mart understands that Customer may include additional terms and conditions as required by your entity as well and we will work to accommodate those.

APPLICATION FOR CREDIT (To Finance or for Open Account with Cart Mart)

Application for open lines of credit or for a lease / finance option should be attached to this proposal. You may also request the application from your sales advisor or by emailing [email protected].

LEASE / FINANCE DOCUMENTATION FEES

A $200 per contract documentation fee will be added to the invoice contract when dealer submits the final documentation (invoice & application) to the lender for funding. Lenders may also charge a document fee per contract, and fees typically run from $150 - $200 per contract. These fees are added to the final amount leased or financed and the final payments are based off of the total delivered amount, plus documentation fees.

DEPOSIT REQUIREMENTS

Consumer transactions and select Commercial accounts without a purchase order, established credit line or lease / finance contract in place are subject to the following deposit requirements:

REFUNDS, RETURNS OR EXCHANGES

1. Returns on standard order (In Stock) products after the delivery has been made are subject to a 20% restocking fee within 5 business days and are subject to management approval in writing subject to the terms of this agreement. If approved, the vehicle must be returned to the Company in like new, unused condition with no more than 5 hours or 10 miles on odometer (if an LSV) and shall be transported back to Company at Customers sole expense. There are no returns or exchanges on Custom built or MTO vehicles.
2. Exchanges on standard order (In Stock) products may be made for new orders of equal or greater value within 2 days of delivery with managements approval, subject to the terms of this agreement. There are no returns or exchanges on Custom built or MTO vehicles.
3. Deposits on cancelled orders are nonrefundable.
4. All approved refunds will be made in the form of Company check and mailed to the customer within 30 days after the vehicle has been returned to the Company offices.

ARBITRATION PROVISION

Buyer and Cart Mart agree that any dispute, claim or controversy arising out of or relating to this transaction or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which can be obtained from JAMS’ website at https://www.jamsadr.com. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.

WAIVER OF LIABILITY

1. I (Customer) acknowledge and assume the unusual risks involved and hazards connected with operating a golf cart, low speed vehicle or other small, motorized utility vehicle (collectively, a “Vehicle”) and hereby release, waive, discharge and covenant not to sue Cart Mart, Inc. (CMI), or their officers, agents, servants, or employees (“Releases”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, whether caused by the negligence of the Releases, or otherwise, whether due to the installation of certain parts and accessories provided by CMI, including, but not limited to, those designed to enhance the performance of the above described Vehicle or to increase the clearance of the Vehicle’s frame with the ground (“lift”), increase the speed, or to add restraints (“seatbelts”), or otherwise. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage of property owned by me, as a result of being engaged in such activity, whether caused by the negligence of releases, or otherwise.
2. As the Customer, I further hereby agree to indemnify and hold harmless the Releases from any loss, liability, damage, or costs, including court costs and attorney fees, that they may incur due to my operating a Vehicle, whether caused by negligence of Releases, or otherwise.
3. It is my express intent, as the Customer, that this Waiver of Liability and Hold Harmless Agreement (“Agreement”) shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue the above-named Releases.
4. As the Customer, I further expressly agree that this Agreement shall be construed in accordance with and is intended to be as broad and inclusive as is permitted by, the laws of the state in which CMI provides its services, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

ELECTRONIC SIGNATURES

1. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in the Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
2. Electronic Signature means any electronic sound, symbol or process attached to our logically associated with a record and executed and adopted by a third party with the intent to sign such records, including facsimile or email electronic signatures, pursuant to the Uniform Electronic Transactions Act (UETA - 1999) as amended from time to time.

In signing this agreement and release of liability, I acknowledge and represent that I, as the Customer, have read the foregoing Agreement, understand it and sign it voluntarily as my own free act and deed; I understand that I am giving up substantial rights, including my right to sue; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same; and I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.