Welcome to the Havoc Motorcycles Parts website located at www.havoc-parts.com. This website ("Wwebsite" or "Ssite") and all services related to this website are provided by Havoc Motorcycles Inc. ("Havoc", "wWe", "uUs", "oOur"), a manufacturer of production motorcycles in Canada.
Please review the following commercial terms (the "Terms") . These terms govern all of our commercial transactions, including your use of our Website, and/or any commercial transactions that take place with us in person, by telephone , or through email or electronic means (email or fax). This includes purchase orders received in any manner (in person, phone, email, fax), for which customers are invoiced and payment is made in any manner (including through the payment gateway in this website, cash deposits, bank wire transfers, cheque payments, or credit card transactions over the telephone.
Please note that your use of this Wwebsite, and your decision to engage in commercial transactions with us in general, constitutes your agreement to follow and be bound by these Terms.
Summary of the most important terms of this Website in plain English:
If you are reading this, you are likely considering the purchase of parts or products for motorcycles. You need to know that we consider each business relationship a privilege, and you have our commitment that we will provide you with diligent attention to detail from a professional team that knows how to build unparalleled motorcycles.
To that end, there are several important commitments that you make when you order parts or equipment from this Website. Because we bring merchandise from other suppliers, we do not warrant that merchandise descriptions on this Website is accurate and we cannot guarantee that an item displayed on our Website will be available. We also reserve the right to refuse any order placed with us or to limit or cancel quantities purchased and to refuse or cancel any orders placed for products listed at an incorrect price. We do take responsibility for defective products in accordance with the terms outlined later in this document, however we will not replace items that were damaged during installation or neglectful use.
Very importantly, you are responsible for the decisions that you make about which parts to fit to your motorcycle and for ensuring that any work done to your motorcycle, including the fitment of parts purchased from us, are installed by a competent mechanic. We assume no responsibility for damage, or injury of any kind, because of improper component selection, installation, or use in any way by any person.
Irrespective of whether you make a purchase online, by phone, or in person, the following terms apply:
1. By purchasing from us, you agree to these terms without exception.
2. If there is any problem with your order we will apologize and correct it, however you must advise us immediately of the problem and always before you incur any costs. If you incur any costs to correct a problem and tell us about it after the fact we will not reimburse you.
3. Motorcycles modified with aftermarket parts, accessories, or performance enhancements (i.e., exhaust, lighting) may be restricted from use on public roads. It is your responsibility to select components that comply with your province’s traffic laws.
4. Havoc Motorcycles Ltd. has no control over the selection, installation, or use of components that we supply. It is your responsibility to exercise good judgment in the proper selection, installation, use, and maintenance of any components. Notwithstanding any recommendations that we may make, we are unable to see your motorcycle, including but not limited its general condition, other modifications that have been made, or particular circumstances of the installation, and thus we are unable to take any responsibility for component selection, installation, or use of same.
5. If any component, once mounted to the motorcycle, appears not to fit properly, it is your responsibility to exercise judgement not to use the component and advise us immediately of your intention to return the component.
6. You are responsible for arranging installation by a certified motorcycle mechanic to ensure the proper installation of any components purchased from us.
7.By purchasing and installing custom components, you assume liability for same, and agree to hold harmless and release Havoc Motorcycles, its Directors, Assigns, and Employees, from liability of any kind, direct, indirect, consequential.
8. There are no returns on electrical components, which include stereo equipment, however these are covered under the manufacturer’s warranty and we will assist with warranty claims. There are no returns on special order parts.
We attempt to provide accurate information on this Site. However, some of the product descriptions are provided by other manufacturers, and we have no control over them if they change the product information without informing us. Therefore, we do not warrant that merchandise descriptions or other Content on this Site is accurate, complete, reliable, current or error-free.
We believe the product descriptions to be accurate and complete, to the best of our knowledge and belief. However, the manufacturers, distributors, and wholesalers who supply us sometimes reserve the right to alter, amend, or change the product specifications without notice. We make every reasonable effort to keep this Site and the product descriptions up to date. However, we cannot be held responsible for any errors or omissions in the product descriptions on this Site.
If you are in any doubt as to the accuracy of the product description, or you wish to discuss fitment of the product prior to making a purchase, please contact us by email or by telephone and we will be glad to assist, including, where necessary, contacting the manufacturer, wholesaler, or distributor to confirm product information.
If you receive a part that is not as described on this Site, you may return the part to us and we will waive any restocking fees.
The inventory of the merchandise displayed on this website for sale is constantly changing, and product availability varies from time to time. Some of our featured items are available in limited quantities. Some parts ship directly from our shop, and some parts ship directly from the manufacturer, or from a wholesaler, or from a distributor. We may not have real-time information about the stock of these third parties at any given time, and we may have no control over their stock decisions.
When an item displayed on our Site is no longer available, we will take all reasonable steps to remove that item from our Site or to indicate that it is no longer available. However, we cannot guarantee that an item displayed on our Site will be available.
If an item that you have purchased is not immediately available, we will inform you promptly and give you the option of an immediate refund or delivery on a future date when the product becomes available.
From time to time, a manufacturer may discontinue or replace a product with a new or different one. In such cases, we may not be able to supply a product that is discontinued. However, we reserve the right to substitute a product that you ordered with an equivalent one from the same manufacturer, or a different manufacturer, if doing so does not effect the spirit or intent of the transaction.
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, re-sellers or distributors, who are not authorized dealers. If we limit or cancel an order, we will attempt to notify you through the e-mail, billing address or telephone number you provided when the order was placed.
From time to time, a product on this Site might be mistakenly listed with an incorrect description, including an incorrect price. In particular, the database may display a default price of $1, or a decimal may be misplaced. Customers, acting reasonably, should use their good judgement if they discover that an item is erroneously priced, and bring this to our attention prior to making a purchase. For the avoidance of doubt, we will not accept $1 for a product due to a typographical error on our Website.
Your making an order for any item on this Site, at any price, does not guarantee that we will accept that order. We reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, irrespective of 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, we will refund your credit card account in the amount of the incorrect price, and we will give you the option of purchasing the item at the correct price.
If a product that you receive is defective within 30 days of your purchase, we will correct the defect by taking the product back, at our expense, and replacing the item, also at our expense. If the same item is not available, we will provide you with a 100% refund.
In the case of a partial defect we will send you whatever replacement parts are necessary to correct the defect, or we will take back the item, at our expense, and fix the problem.
The determination of a product defect is at our discretion, and we reserve the right to inspect any item prior to providing you with a replacement or refund. We will not replace items that were damaged during installation or neglectful use.
Our liability to you is for the parts that you purchased from us only. Under no circumstances will we be liable for any other costs of any kind, including replacement parts that you purchase elsewhere, or shop time to install or remove a defective part.
This Site, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, and other files and the selection and arrangement thereof (the "Content") are either owned by Havoc Motorcycles or they are owned by a Copyright Owner and they are used on this Site with permission of the Copyright Owner.
You may not distribute, copy, reproduce, display, republish, download, upload or transmit any Content on this Site for any purpose without our prior written approval. Any unauthorized use of the Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site may be either registered or unregistered trademarks used with the permission of the owner. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark used or displayed on the Site, without the express written permission of the Trademark Owner. Misuse of the Trademarks displayed on this Site is strictly prohibited.
Use of the word Harley-Davidson®, various model names and designations, and OEM part numbers are provided solely for reference and application information. There is no affiliation whatsoever between Harley-Davidson® and Havoc Motorcycles or Custom Parts Canada.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to other websites that are not under the control of Havoc Motorcycles. We have no responsibility for the linked websites nor does it necessarily endorse the linked websites. Such links are provided solely for your convenience.
USER COMMENTS AND FEEDBACK
You may submit comments, product reviews, feedback, suggestions, ideas, and other content to Havoc on or through this Site or otherwise, such as by email.
By making such commentaries, disclosures, or submissions, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You We reserve the right to use the name and province of residence that you submit in connection with such Comments, if we choose to do so. We shall not be limited in any way in its use, commercial or otherwise, of any Comments. We shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
By providing Comments, you represent and warrant that you own or otherwise control all of the rights to the Comments that you post; that the content is accurate; and that use of the Comments you supply will not violate these Terms and will not cause injury to any person or entity. We take no responsibility and assumes no liability for any Comments posted by you or any third party.
We do not hold personal information about you on this Website, other than your email address if you choose to subscribe to our newsletter. We only hold your email if you sing sign up for our Newsletter. By signing up to our Newsletter, you give us permission to email you with special offers and promotions from time to time. We will not email you without your expressed consent. You may withdraw that consent at any time by cancelling your consent using the "unsubscribe" link at the bottom of our emails, or by contacting us directly by email or by phone.
We do not hold a customer account for you, or about you. We do not have a feature for you to register on this Site or to obtain a password. There is no provision on this Site for you to make a user or customer account. We do not hold any personal information about you, your address, your credit card or other payment details, or any other personal or financial information. When you make a repeat purchase, therefore, you must re-enter your information on this Site.
DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY
Customers are advised that motorcycles can be dangerous if not properly ridden and maintained, and/or if they are operated with improperly selected and improperly installed parts. Any of these conditions may cause an unstable condition that could result in property damage, personal injury, or death. We have no control over the usage of the components purchased from us. Customers must exercise good judgment in the proper selection, installation, use, and maintenance of any vehicle in general, or components whether purchased from us or otherwise, including seeking professional advice and installation by a qualified technician.
We assume no responsibility for damage, or injury of any kind, because of improper component selection, installation, or use in any way by any person. Under no circumstances will we be responsible for any damages, including but not limited to direct, special, or consequential damages for any reason whatsoever.
Fitting any aftermarket parts to a vehicle is a customer's individual decision, and customers must take responsibility for the decisions that they make about identifying, selecting, and fitting parts to their vehicles. While we do our best to assist with product and fitment information, we are not responsible, and cannot be held responsible, nor will we accept any responsibility for, any decisions that customers make about fitting parts to their vehicles. For the avoidance of doubt: you are responsible for the decisions you make about which parts to fit to your motorcycle.
Customers are also responsible for ensuring that any work done to their motorcycle, including the fitment of parts purchased from us, are installed by a competent mechanic. We cannot control the fitment of parts purchased from us, and we take no responsibility whatsoever for the installation of parts purchased from us by customers themselves or by any third parties.
By purchasing parts from us, customers must be aware that motorcycles modified with some aftermarket parts, accessories, and performance parts may be restricted from use on public roads and/or limited to closed courses. This may include, without limitation, exhaust systems or engine components that exceeds noise or pollutant emissions regulations for use on public roadways, or accessories lighting components that do not meet the relevant motor vehicle safety standards, or any other components for purchased any other purpose without limitation. Customers are advised that tampering with the emissions control features of any vehicle may be against federal motor vehicle regulations. We do not encourage, condone, or support any tampering with any vehicle that is used on the public roadways. For the avoidance of doubt: customers are responsible for the decisions they make about which parts to fit to their vehicles.
We do not warrant that this Site will operate error-free or that the Site and its server are free of computer viruses or other harmful material. If your use of the Site or the Content results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, wWe shall not be responsible for those costs or expenses.
THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. HAVOC MOTORCYCLES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH HAVOC MOTORCYCLES STRIVES TO PROVIDE THOROUGH AND ACCURATE CONTENT ON THE SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEST, GRAPHICS, AND LINKS.
By transacting with us, in any way and by any means, you agree to indemnify, defend, and hold us, our owners, shareholders, directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs including attorneys' fees, and other expenses that arise directly or indirectly out of or from: (a) your commercial transaction with us; and/or (b) your breach of these Terms; and/or (c) your activities in connection with the Site.
STANDARDS OF ACCEPTABLE BEHAVIOR
We pride ourselves on treating our customers with respect, dignity, honesty, courtesy, and professionalism. We value our customers, and our good relationships with them. We also respect and value our employees, and we strive to provide them with a safe and respectful work environment.
Please note that to provide a pleasant working environment for our staff, we reserve the right to refuse service, or to discontinue serving any customer who, in our sole judgement and at our sole discretion, treats any member of our team with disrespect, or an unprofessional or disrespectful attitude.
This includes, at our sole discretion, that we may refuse to answer telephone calls or emails from any person, or cancel orders and refuse shipments to any person, who violates these standards of acceptable behaviour. All cancelled orders will be refunded in full.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Site.
Our Shipping Policy, as amended from time to time, forms an integral part of these Terms. That Policy is available at shipping policy
Our Returns Policy, as amended from time to time, forms an integral part of these Terms. That Policy is available at returns policy
We reserve the right to make changes to the Site, our policies, and these Terms at any time. If any of these Terms shall be deemed invalid, void or unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Unless otherwise specified, the Site is solely directed to individuals residing in Canada. We make no representation that Content available on or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Site is controlled and operated by Havoc Motorcycles from its offices in Prince Edward Island, Canada. These Terms, including the Terms of Sale and all other commercial terms for any transactions with us, shall be governed by and construed solely and entirely in accordance with the laws of the Province of Prince Edward Island notwithstanding any conflict of laws provisions. By transacting with us, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts in Prince Edward Island for any litigation, dispute, or controversy arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms.
If you have any questions or comments regarding these Terms, please contact our corporate Head Office by email at firstname.lastname@example.org or by telephone at 1-800-560-3963.
© 2019 Havoc Motorcycles Inc. All Rights Reserved.