TERMS AND CONDITIONS
Welcome and thank you for visiting www.Betaparts.com’s website. This notice describes our Terms and Conditions. By visiting www.BetaParts.com (“our”, “we” “us” or “this website”), you are accepting the practices described in this notice. This notice details the Terms and Conditions under which Users (“you”, your”) may use this site.
Acceptance of Agreement
Listed below are the terms and conditions associated with our website, www.BetaParts.com’s. Users should read and must agree to these conditions before making a purchase. Submission of an order indicates the user has read, understands and accepts these terms and conditions.
Please read the following Terms and Conditions carefully. If you continue to browse and/or use this website, you are agreeing to comply with and be bound by the following Terms and Conditions.
Changes to Terms and Conditions
www.BetaParts.com reserves the right to update and revise the Terms and Conditions, as needed, without prior notice. You should continue to check the Terms and Conditions periodically to ensure that you are aware of any changes. Any new policy will apply to all current and past users of www.BetaParts.com and will replace prior policies. Your continued use of this website following any changes to the Terms and Conditions constitutes acceptance of those changes.
Customer Information Usage
Before placing an order with www.BetaParts.com you must become a member by completing the online registration form. By creating an account, you agree that all account information is true and accurate. You agree to provide us with complete billing and shipping information; your name, address, email address, telephone number, etc. You also agree to keep this information updated so that your account remains accurate and complete and will not affect future payments and delivery of parts and accessories.
When you have completed the registration form, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your password and account and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality, and all activities that occur through the use of your password.
You agree to notify us immediately of any unauthorized use of your password. You agree to accept responsibility for all activities that occur under your account or password.
You agree to abide by all terms contained on www.BetaParts.com’s website and not to use this site for any unlawful purpose.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member.
You grant www.BetaParts.com a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting www.BetaParts.com, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of www.BetaParts.com, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
Our Intellectual Property
All files and information contained in www.Betaparts.com’s website are copyrighted and the sole property of www.BetaParts.com and/or its Affiliates.
You are permitted to make a single copy personal use only. The reproduction, copying, or distribution for commercial purposes of any content, is strictly prohibited without prior written permission from www.BetaParts.com. Your use of our Website and Services does not grant you any ownership rights to our Content.
www.BetaParts.com is an E-commerce Site featuring the sale of Beta motorcycle parts and accessories. You understand and agree that the services available on www.BetaParts.com’s website are provided “AS IS” and that we do not assume any responsibility for the timeliness, deletion, miss-delivery or failure of the Service.
www.Betaparts.com sells Original Equipment Manufacturer (OEM) parts and in some cases third-party manufacturer "alternative" parts. References to Accessories, their trade names, or their part numbers is for identification purposes.
Availability and Fulfillment
Most orders ship from our inventory within ten business days. We are constantly evaluating and expanding our inventory to better meet the needs of our customers. Parts on customer orders that are not in our stock are ordered from our suppliers everyday (excluding weekends and holidays). It usually takes 1-5 business days to get the parts into our stock, allowing us to fill and ship your order within 10 business days. Parts that are not in stock at our suppliers (the Original Equipment Manufacturer or their regional distributor) will take longer to obtain and these delays are not within www.BetaParts.com's control. Therefore, www.BetaParts.com cannot guarantee that it will be able to fulfill your orders in a timely fashion.
We do not condone local dealer racing and reserves the right to ban users found to repeatedly cancel orders.
Products and Pricing
www.BetaParts.com reserves the right to change product information, including but not limited to specifications, pictures, part numbers, prices, availability, model applications and any errors at any time without notice and without further obligation. By continuing to use this website, after any modifications, signifies your acknowledgement of the changes, and you are agreeing to comply with and be bound by the modifications.
www.BetaParts.com tries to provide accurate products descriptions and usage however; you should not rely on the information given. Please research your needs before ordering.
Orders, Payments & Taxes
www.BetaParts.com uses USPS (United States Postal Service) and FedEx ground to ship its products to you for a flat shipping charge of $12.50. www.Betaparts.com ships to locations within the contiguous (48 states) United States.
We pride ourselves on shipping most orders within 10 business days (excluding weekends and holidays). Orders cannot be modified or cancelled once they enter the shipping process, which, if all parts are in stock, may occur within minutes of placing the order. If www.BetaParts.com cannot ship all parts ordered within 10 business days (excluding weekends and holidays), they will ship the parts they have in stock and contact you concerning the availability of the pending parts. All pending parts will be automatically shipped when received, at www.BetaParts.com’s expense.
By default, www.BetaParts.com holds orders, until they can be shipped complete, for up to 10 business days (excluding weekends and holidays). Customers may request a partial shipment of their order by entering a note when submitting the order. There is an additional shipping fee per partial shipment. This fee is charged at the time of the partial shipment.
The responsibility of merchandise purchased on this website passes to the customer when the merchandise is delivered to the shipping carrier. www.Betaparts.com assumes no responsibility for the timeliness of delivery, loss or damage of shipment or miss-delivery by the shipping carrier. The customer is responsible for filing any claims with carriers for damaged and/or lost shipments. The customer will be responsible for all shipping and related charges.
Drop Shipments: To reduce the delivery time on the parts ordered, which we do not have in stock, we will occasionally have the parts drop shipped, from the Original Equipment Manufacturer or distributor’s inventory, directly to the customer.
DUE TO SHIPPING REGULATIONS, ALL LEAD-ACID BATTERIES ARE SHIPPED DRY - WITHOUT ACID.
Return and Refunds
The customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery. No claim will be valid or enforceable against us unless the customer complies with www.BetaParts.com return policy.
www.BetaParts.com Returns Policy is considered part of this Agreement. You must review this Returns Policy by clicking on this link. CMS Page Link
Linking to our Website: Any communication or material that you transmit to www.BetaParts.com will be treated as non-confidential and non-proprietary.
You may provide links to www.BetaParts.com providing:
Linking to Other Websites: For your convenience www.BetaParts.com may include links to other websites. Since www.BetaParts.com has no control over these websites you agree that www.BetaParts.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of these websites. If you visit any linked site from this website, you do so at your own risk.
The inclusion of links to third party websites does not mean that www.BetaParts.com endorses these websites.
Serious injury, death and property damage can result from the improper use, control, alteration or maintenance of motorcycles. www.Betaparts.com has no control over the judgment of others and assumes no responsibility or liability, of any nature, for the failure of others to use good judgment in the use, control, alteration, parts selection, installation, and maintenance of their motorcycles.
All information on this website is supplied without any express warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors.
Parts and Accessories sold on www.BetaParts.com’s website are warranted only to the extent of the original manufacturer’s warranties. BetaParts.com shall have no obligation with respect to any claims or obligations arising as a result of any such warranty.
You understand that www.BetaParts.com is not the manufacturer of the merchandise sold on their website. The only warranties offered are those of the manufacturer, not www.BetaParts.com. All products are sold AS IS. In purchasing the products, the Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by www.BetaParts.com. WWW.BETAPARTS.COM AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF WWW.BETAPARTS.COM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitation of Liability
IN NO EVENT SHALL WWW.BETAPARATS.COM, ITS OFFICERS, EMPLOYEES OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY THE CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WWW.BETAPARATS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WWW.BETAPARTS.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER WWW.BETAPARTS.COM NOR ITS OFFICERS, EMPLOYEES OR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER WWW.BETAPARTS.COM NOR ITS OFFICERS, EMPLOYEES OR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
By using this website, you agree to indemnify, defend, and hold harmless www.BetaParts.com, its officers, employees and its Affiliates from and against any losses, liabilities, damages, claims, and all related costs and expenses, including attorneys’ fees, that arise from your use or misuse of www.BetaParts.com.
www.BetaParts.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with www.BetaParts.com in asserting any available defenses.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Watervliet, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in St. Joseph, Michigan necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Watervliet, Michigan, and will be governed by and construed in accordance with the laws of the state of Michigan without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
By using this website or making a purchase, you acknowledge that:
THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS". WWW.BETAPARTS.COM MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY DEFECTS. WWW.BETAPARTS.COM SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.
IN NO EVENT SHALL WWW.BETAPARTS.COM OR ITS SUPPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER'S USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF WWW.BETAPARTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF WWW.BETAPARTS.COM AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE PRODUCTS, SERVICES AND INFORMATION OR FOR ONE U.S. DOLLAR. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
www.BETAPARTS.com has the right to modify these terms and conditions at any time.