SALE, DELIVERY & WARRANTY TERMS AND CONDITIONS

Welcome to BeetleMotor.com. BeetleMotor.com (“Beetle Motor”) provides services and products of motors (collectively the “Products“) to business buyers (or “Buyers”),via the e-commerce websites including but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locators “beetlemotor.com” and its sub-domains (collectively the “Sites” or “BeetleMotor.com Sites”).

Whether purchasing through BeetleMotor.comSites online or by signing a purchase contract, Buyers are required to adhere to these terms and conditions. Therefore, please be aware that once you place an order on beetlemotor.com Sites or enter into a purchase contract with Beetle Motor, you agree to the following terms.

Any terms inconsistent with this agreement will not be effective unless confirmed and signed in writing by Beetle Motor.

1. Order Acceptance:

• If Buyers place an order and make payment through the beetlemotor.com Sites, the order needs to be confirmed by Beetle Motor before it is accepted. Once the order is accepted, the order status will be displayed as “order confirmed” on the “my account” page.
• If Buyers enter into a purchase contract with Beetle Motor, placing an order requires written confirmation by both parties, either through email with electronically signed versions received by both parties or through paper copies with both parties’ signatures. During the ordering process, Beetle Motor will communicate with you via email regarding order processing and shipment preparation, but your order will be accepted only when Beetle Motor receives full payment.

2. Prices

• The prices displayed on the beetlemotor.com Sites, quotation inquiries, and the amount stated in the signed order are all Ex Works (per Incoterms 2010) and do not include costs for packaging, postage, import, export, or other freight charges, insurance, or taxes, if applicable.
• Prices may vary or change without notice for any reason, including but not limited to price changes related to the cost and availability of raw materials. Beetle Motor reserves the right to change the prices of Products displayed on the Sites at any time.
• In the event of a price error on the website, Beetle Motor reserves the right to either honor the incorrect price or suspend the order and inform Buyers of the error, offering the option to proceed with the order at the revised price or cancel it.
• Prices quoted in a currency other than United States Dollars are based on the official exchange rate on the date of the quote. Invoices will be issued based on the currency exchange rate in effect on the date of order confirmation.
• Beetle Motor doesn’t accept cash on delivery (COD) orders.

3. Payment

• When placing an order and making payment through the beetlemotor.com Sites, payment options including credit card, bank transfer, or PayPal will be displayed on the “checkout” page.
• If purchasing through a signed purchase agreement, unless otherwise agreed to in writing by Beetle Motor, Buyers are required to pay the full purchase price within fourteen (14) days net upon the conclusion of the purchase agreement. Late charges may apply to past due accounts at an interest rate of 1.5% per month (18% annually) or the maximum rate permitted by applicable law, whichever is less.
• All sales are final, and Buyers are not allowed to return the Products to Beetle Motor unless prior written approval is obtained from Beetle Motor.

4. Delivery and Time

• Unless otherwise specified in a written agreement, all Products will be sold and delivered on an Ex Works basis (per Incoterms 2010). Once the Products are dispatched, Buyers will bear the associated risks and losses.
• After order confirmation, the Products will begin delivery approximately within 30-60 working days. Delivery periods are determined based on the date of dispatch ex works. The parties acknowledge that delivery dates are approximate and agree that “TIME IS NOT OF THE ESSENCE.” Beetle Motor shall not be held liable for any damages or expenses resulting from delivery delays.
• Beetle Motor will make reasonable efforts to deliver the Products to Buyers by the agreed-upon date. However, except for cases of intentional misconduct or gross negligence by Beetle Motor, neither Beetle Motor nor Buyers shall be held responsible for any delays in delivery or damage to the Products during transportation, regardless of whether the transportation method is determined by Beetle Motor or Buyers.
• If Beetle Motor is ready to make shipment and buyers delay the delivery, the terms of payment shall apply as if the delivery had been made on the date when Beetle Motor gets prepared to make shipment.
• Beetle Motor reserves the right to ship the Products up to five (5) days in advance of the specified delivery dates without affecting the terms of payment, price, or any other terms of the order. Beetle Motor shall not be liable for delays in delivery or failure to manufacture caused by circumstances beyond it’s or it’s subcontractors’ reasonable control, including but not limited to acts of God, acts of Buyers, acts of civil or military authority, fire, strike, floods, acts of terrorism, epidemics, quarantine, war, riot, transportation delays, acts of a public enemy, inability to obtain necessary labor, materials, or manufacturing facilities, or other similar causes. In the event of such delay or failure, the delivery date shall be extended for a period equal to the time lost due to the delay.

5. Cancellation and Modification of Orders

• For orders placed through the beetlemotor.com sites, if Buyers place an order and successfully complete the payment, the order status on the “my account” page will be “processing” within one working day. During this processing period, the order can be cancelled or modified free of charge. However, once the order is confirmed, Beetle Motor has already initiated the procurement of materials and started production, and the order can not be cancelled.
• For orders placed through a signed contract, once Beetle Motor receives the mutually signed confirmation version (electronic or paper copy), the order is considered confirmed and can not be cancelled.
• After the order is confirmed, if Buyers need to modify the ordered Products, Buyers shall bear all costs associated with modifying the order.

7. Force Majeure:

7.1. Beetle Motor shall not be liable to Buyers or any other person for any failure or delay in the performance of any obligation under this Agreement due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, epidemics, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in this Agreement, acts or regulations or priorities of the federal, state or local governments.

7.2. Buyers shall not be liable to Beetle Motor or any other person for any failure or delay in the performance of any obligation under this Agreement due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, epidemics, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in this Agreement, acts or regulations or priorities of the federal, state or local governments.

7.3. When the event operating to excuse performance by either party shall cease, this Agreement shall continue in full force until all deliveries have been completed.

8. Dispute Resolution:

• This order shall be governed and construed in accordance with the laws of the People’s Republic of China, where Beetle Motor manufacturing facility is located. No actions arising out of the sale of Products covered by this order, other than an action by Beetle Motor to recover the purchase price of such products, may be brought by either party more than one (1) year after the cause of action accrues.
• Exclusive jurisdiction and venue for any disputes relating to these Terms and Conditions and/or the sale of products shall be exclusively brought in the state courts in the People’s Republic of China where Beetle Motor manufacturing facility is located.

9. LIMITATION OF LIABILITY

• Disclaimer of Certain Damages. IN NO EVENT SHALL BEETLE MOTOR BE LIABLE (AND BUYERS WAIVE ALL CLAIMS AGAINST BEETLE MOTOR) FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR INDIRECT DAMAGES, COSTS OR EXPENSES BASED UPON NEGLIGENCE, BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION ARISING, DIRECTLY OR INDIRECTLY, FROM PRODUCTS THAT ARE THE SUBJECT OF THIS CONTRACT, OR THE USE OR FAILURE THEREOF, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, PROFITS OR INJURY TO PERSONS OR PROPERTY. THIS DISCLAIMER SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IN THE EVENT THAT BUYERS’ SOLE AND EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE.
• Limitation of Liability. BEETLE MOTOR MAXIMUM LIABILITY SHALL BE LIMITED TO THE GREATER OF (I) THE PRICE PAID BY THE BUYER FOR THE PRODUCTS THAT GAVE RISE TO ANY SUCH LIABILITY DURING THE CALENDAR YEAR (II) THE MAXIMUM AMOUNT PERMITTED UNDER THE APPLICABLE LAW. THE PROVISIONS OF THIS PARAGRAPH 9 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT AND SHALL APPLY REGARDLESS OF THE BASIS OF BUYERS’ CLAIM, BE IT IN CONTRACT, WARRANTY, TORT OR OTHERWISE. THE REMEDIES OF BUYER CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ANY OTHER REMEDIES AVAILABLE TO BUYER UNDER APPLICABLE LAW.

10. PATENT INDEMNITY

• Beetle Motor shall have no liability for infringement of any patents, trademarks, copyrights, trade dress, trade secrets or similar rights except as specifically provided in this section.
• Any liability of Beetle Motor shall be limited as set forth in section 9. Beetle Motor will defend and indemnify BUYERS against allegations of infringement of China patents, China trademarks, copyrights, trade dress and trade secrets as (hereinafter collectively referred to as the “Intellectual Property Rights”) subject to the limitations and conditions set forth in this section. Beetle Motor will defend at its expense and will pay the cost of any settlement or damages awarded in any action brought against Buyers based on an allegation that an item sold to Buyers (“Item”) infringes the Intellectual Property Rights of a third party.
• Beetle Motor’s obligation to defend and indemnify Buyers is contingent on Buyers notifying Beetle Motor within ten (10) days after Buyers become aware of such allegations of infringement, and Beetle Motor has sole control over the defense of any allegations or actions, including all negotiations for settlement or compromise.
• If an Item is subject to a claim that it infringes the Intellectual Property Rights of a third party, Beetle Motor may, in its sole discretion, procure for Buyers the right to continue using the Item, replace or modify the Item so as to make it non-infringing, or offer to accept return of the Item and return the purchase price less a reasonable allowance for depreciation. Notwithstanding the foregoing, Beetle Motor shall have no liability for claims of infringement based on information provided by Buyers, or directed to Items for which the designs are specified in whole or in part by Buyers, or infringements resulting from the modification, combination or use in a system of the Items. The foregoing provisions of this section shall constitute Beetle Motor’s sole and exclusive liability and Buyers’ sole and exclusive remedy for infringement of Intellectual Property Rights. If a claim is based on information provided by Buyers or if the design for an Item is specified in whole or in part by Buyers, Buyers shall defend and indemnify Beetle Motor for all costs, expenses or judgments resulting from any claim that such Item infringes any patent, trademark, copyright, trade dress, trade secret or any similar right.

11. PROPERTY RIGHTS

Except where otherwise expressly agreed, all patterns, tools, jigs and fixtures, drawings, designs, software and other materials and data developed, fabricated or otherwise required in the performance of this order, notwithstanding any charges, shall be and remain Beetle Motor’s property and in Beetle Motor’s possession and control. Except as specifically provided for in this order, Buyers shall have no right to any technical data, Intellectual Property Rights, and computer software associated with this order. In the event Beetle Motor agrees to provide Buyers with proprietary information, drawings, designs or data in conjunction with this order, Buyers agrees that such information, drawings or data will not be disclosed to a third party, or used by Buyers, without the written permission of an authorized official of Seller.

This Agreement, including any Schedules attached hereto, contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements between them, whether oral or written, of any nature whatsoever with respect to the subject matter hereof. This Agreement is binding upon the parties hereto, their successors and permitted assigns.