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OVERVIEW
This website is operated by Midwest Cartz LLC. Throughout the site, the terms “we”, “us” and “our” refer to Midwest Cartz LLC. Midwest cartz LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms listed below. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TERMS OF SERVICE:
-WAIVER OF LIABILITY TERMS
I/we acknowledge that I am participating in test driving and/or owning and operating (hereby referred to as “OPERATION”) an electric cart, cart, or golf cart (hereby referred to as “CART(S)”). By voluntarily participating in the OPERATION OF CART(S), I acknowledge that I am exposing myself to potential dangers and risks, including, without limitation, personal injury, injuries to others, injury to property, bodily harm and/or death.
I HEREBY ASSUME ALL OF THE RISKS OF MY PARTICIPATION, including, by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the MIDWEST CARTZ, LLC., and its affiliated companies, shareholders, directors, officers, contractors, employees and agents.
I HEREBY FOREVER WAIVE, RELEASE, REMISE, DISCHARGE, INDEMNIFY AND SAVE HARMLESS MIDWEST CARTZ, LLC. AND AFFILIATED COMPANIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL PAST, PRESENT OR FUTURE CLAIMS AND LIABILITIES OF WHATSOEVER NATURE (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY PERSONAL INJURY, INJURIES TO OTHERS, BODILY HARM AND/OR DEATH) IN RESPECT OF OR ARISING DIRECTLY OR INDIRECTLY, IN ANY MANNER FROM ANY PARTICIPATION IN THE OPERATION OF CART(S).
I HEREBY ACKNOWLEDGE that I am responsible for all repairs or replacements to damaged property owned by MIDWEST CARTZ, LLC. while in my care, custody, or control.
I HEREBY ACKNOWLEDGE that I have read this Release thoroughly and I fully understand it. I am voluntarily executing this Release and would not otherwise be permitted to participate in this activity. I acknowledge that this release restricts me from suing or otherwise claiming against MIDWEST CARTZ, LLC., presently or at any future time, for damage, loss, or injury (as specified above), including death, that may occur as a result of my participation.
IN ADDITION TO THE ABOVE, I HEREBY CONSENT to the use of my picture or photograph, and acknowledge and agree that my picture or photograph may be used on the MIDWEST CARTZ, LLC. website (www.midwestcartz.com) and/or used on MIDWEST CARTZ, LLC. social media, including, without limitation, Facebook, Instagram and Twitter, and in promotional products, including, without limitation, publications, commercial tie-ins, videos, posters and displays.
-WARRANTY TERMS
Midwest Cartz warranty obligations for products sold are limited to the terms set forth below:
Midwest Cartz, LLC. (“Mwcartz”) warrants its standard products (the, “Warranted Products”), against defects in materials and workmanship for a period (“Warranty Period”) defined as follows:
The warranty period for new carts is a period of two (2) years from the date of original purchase. Warranties on new carts are provided by the manufacturer.
The warranty period applicable for all accessories is a period of ninety (90) days from the date of original purchase. After expiration of the ninety (90) day warranty provided by Mwcartz, customers must contact the manufacturer directly for review of any applicable manufacturer warranties on said accessories.
If a defect is discovered and a valid claim is received by Mwcartz during the Warranty Period outlined. At its option, Mwcartz will (1) repair the Warranted Product using new replacement parts, (2) replace the Warranted Product with a like kind and quality equivalent, (3) send the Warranted Product back to the applicable manufacturer for repair and/or replacement, (4) refund the original purchase price of the Warranted Product if a like kind and quality equivalent is no longer produced.
When a Warranted Product is exchanged or repaired, any replacement item becomes your property and the replaced item becomes Mwcartz’s property. When a refund is given, the Warranted Product becomes Mwcartz’s property.
EXCLUSIONS AND LIMITATIONS
This limited warranty is transferable up to one (1) time during the applicable Warranty Period. If you wish to transfer this Limited Warranty, please contact Mwcartz directly for further info.
This limited warranty expires after the Warranty Period, there are no available extensions offered at this time. If a repair or replacement is warranted, the Warranty Period is continued and does not start over.
This Limited Warranty does not apply to the following:
● Normal wear or deterioration (follow preventative maintenance schedules on all carts to prevent wear and tear on your machine(s). General maintenance schedules for electric carts can be found online. It is your responsibility to research and maintain your machine;
● Improper installation or maintenance including but not limited to failure to follow any preventative maintenance schedule;
● Damage caused by accident, abuse, misuse, misapplication, or failure to follow usage directions;
● Damaged cause by product modifications not installed by the manufacturer and/or Mwcartz;
● If any serial number, date stamp, or other marking has been removed or altered;
● Any item concerning the Warranted Product’s appearance that is not due to a defect in material or
workmanship.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED. MIDWEST CARTZ, LLC. SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE. IF MIDWEST CARTZ, LLC. CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON THE EXPIRATION OF THE WARRANTY PERIOD. No Mwcartz reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
IN NO EVENT SHALL MIDWEST CARTZ, LLC. BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE WARRANTED PRODUCT WITH RESPECT TO WHICH SUCH DAMAGES ARE ASSERTED, PLUS ANY FREIGHT CHARGES ACTUALLY PAID ATTRIBUTED TO SUCH WARRANTED PRODUCT, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WARRANTED PRODUCT OR MIDWEST CARTZ, LLC.’S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
This Limited Warranty gives you specific legal rights and you may also have other rights that vary from jurisdiction to jurisdiction.
OBTAINING WARRANTY SERVICE
If you have a problem with a Warranted Product, please contact us directly via text, email, or phone using the contact info listed. +1 (630) 207-5468, Midwestcartz@gmail.com.
If Mwcartz determines some of the necessary repairs are not covered under this Limited Warranty, you may request an estimate and the opportunity to confirm whether you agree to pay for these repairs. If you decline, Mwcartz obligations for that machine or product under this Limited Warranty end.
*ALL SALES ARE FINAL, NO RETURNS ACCEPTED*
