All transaction are governed under the laws of the State of Hawaii which apply to and interpret your and Hawaii Powersports, LLC rights, duties, and obligations arising from these transactions, as supplemented or modified by this Agreement, without regard to conflict of law principles.
Hawaii Powersports, LLC will only accept your order only if (1) you accept the terms of this Hawaii Powersports, LLC Acquisition Agreement ("Agreement"), (2) you provide a valid ship to address within the State of Hawaii, or, you take physical delivery at our retail establishment(s) and (3) The Product or Service is available.
You accept the terms of this Agreement by clicking to accept these terms and completing your transaction when ordering online or, when ordering by any other means, by opening the package containing the Product.
ORDER CANCELLATION POLICY
Once you have placed your order, you can cancel your order within 24 hour by phone or email without any charge. This policy does not intend to cover specialized or custom orders. If you want to cancel your order, please call us at (808) 757-9094 or email your cancellation request to [email protected] during our normal business hours. Hawaii Powersports, LLC typically starts processing your order on the same business day. Our early order processing works include address verification, shipment document preparation, charge your credit card (we will be charged by credit card company for transaction fee), and notify warehouse to pack your item. Therefore, if you want to cancel your order after 24 hours, All cancellations are subject to a non-negotiable, non-refundable $175 cancellation fee per unit. Upon cancellation, if the unit was ordered to be assembled, an additional $200 labor fee will be charged. This includes all promotions stating free assembly, as well as promotional items. Once your item has been picked up by shipping company, your order cannot be cancelled. If you choose to cancel your order or refuse delivery after your order has been shipped, you will be responsible for "To and from Shipping and Handling Charges" incurred in shipping your order and a 20% restocking fee.
To cancel your order, please contact a Shipping Department representative by phone (808) 757-9094 or e-mail : powersportsgonewild@gmail.com to request a cancellation. Once the cancellation is confirmed, you will receive an email confirmation that briefly explains our cancellation agreement and the costs you would be responsible for, for the cancellation your order.
SHIPPING POLICY
1. All orders are processed between 72-120 business hours. During holiday season, due to extremely high volume, it may take even longer to process orders.
2. If you place your order by credit card and your shipping address has been verified, it will be shipped between 72-120 business hours. For wire transfer, Cashier Check or Money Order Payment orders, we will ship your order on the day the fund is cleared into our account. Payments made by e-check may take as many as 7 business days to clear.
3. If you place your order by credit card and your shipping address and billing address is different, we may ask you to fill out an authorization form and send back to us. Your order may not be shipped until we receive your signed authorization.
4. For merchandise over 100lbs/box, it will be shipped by professional LTL trucking company.
5. For merchandise less than 100lbs, it will be shipped by FedEx, or UPS ground.
6. For shipment to Alaska or Puerto Rico, we advise customer finding a freight forwarding company in the US continental states. The shipping you get when you place the order is just the minimum charge. Final shipping is based on destination zip code.
7. You will be emailed a tracking number after your order has been shipped. You can go to the shipping company's website to track your shipment activities.
8. Hawaii Powersports, LLC will ship all outer island orders via Young Brothers, or similar barge service, to the port of service closest to the billing address you've provided. Please inform us in writing if this is not your port of choice - BEFORE YOUR PRODUCT IS SHIPPED.
SHIPPING INSPECTION/DAMAGE POLICY
It is vital that you inspect your shipment immediately upon arrival, and note ANY damages to shipment, including damage to the product and/or shipping container. Taking pictures is highly encouraged.
If there is ANY damage to your shipment, you must note this on the Bill of Lading when you sign for your package(s). You must also report any damages to Hawaii Powersports, LLC by phone at (808) 757-9094 within 3 days of receiving your shipment in order for us to file a claim for any damages. If you report damages during that time, Hawaii Powersports, LLC will file the claim for you.
Kindly notifyHawaii Powersports, LLC within 3 days or we will not be able to file a claim for you, and you may have to pay for any parts you need shipped to you and file the claim with your shipping company separately for reimbursement. Also, please do a complete box count and write on the BOL how many boxes you received before the driver leaves. If a package is refused without approval of Hawaii Powersports, LLC, the restocking fee will apply.
If your vehicle sustained structural and frame damages beyond repair, please refuse delivery and contact us immediately so we can prepare to send you a replacement unit.
If you receive your vehicle with minor damages, please accept the vehicle and take pictures of your vehicles and email to us. We will send replacement parts to you free of charge.
RETURN POLICY
The following is our Return Policy Agreement:
- Obtain a Return Merchandise Authorization Number (RMA) from our Customer Service Department. Any vehicles returned without an RMA number will not be accepted. A copy of your original invoice must be included in a return shipment. Customers are responsible for returning the merchandise at their own expense. Freight collect and COD packages will not be accepted.
- Vehicle must be returned in its original packaging within 7 days in new and re-sellable condition.
- This return policy does not apply to vehicles that have had alterations, abuse, negligence, and accidents or have not received proper maintenance.
- All packaging materials, instruction manuals and parts must be returned. Any missing parts or damages will be deducted from your refund amount. We do not accept any return vehicle that has any sustained damage.
- If the vehicle has been used and fueled, returns will not be accepted. The return policy will be voided. You may only return your vehicle for repairs.
- If you have had your vehicle for more than 7 days and have used it, you will not be eligible to return it for refund or replacement. You can send the vehicle or parts to us at your own expense; we will repair it and send it back to you at your cost.
- In order to keep you completely satisfied and maintain rock bottom prices, our shipping expenses are neither refundable nor reimbursed for any reason. This includes all freight charges: the first shipment and return. Original freight expense will be deducted from your refund.
- Due to health and personal hygiene concerns, all clothing and helmets are non-refundable.
- Order may be cancelled only if we are unable to fulfill and ship your order within 7 business days. You may also cancel your order if your item has not been shipped. However you will be charged a 10% cancellation fee.
WARRANTY POLICY
Warranty starts from date of purchase by the consumer for all of our Powersport products. During the warranty policy period, Hawaii Powersports, LLC will cover only parts. Labor and/or any necessary shipping will be the sole responsibility of the customer.
WHEN YOUR WARRANTY BEGINS
Your Limited Warranty Start Date is the day you take delivery of your new Powersports product.
VEHICLE OWNER'S RESPONSIBILITY
It is the responsibly of the owner to maintain and care for the vehicle as outlined in the owner’s manual. Owners must service and maintain the vehicle in accordance with the owner’s manual. All service and maintenance should be performed by an authorized mechanic or any reputable repair shop. Periodic maintenance and inspections are considered REGULAR maintenance and are not subject to warranty or reimbursement.
LIMITED WARRANTY
All new SCOOTERS are covered with a 1 YEAR LIMITED WARRANTY.
All new PITBIKES, ATV's and UTV's are covered with a 3 MONTH LIMITED WARRANTY.
Hawaii Powersports, LLC does not cover the labor or shipping required to remove or ship the vehicle or part(s) for warranty replacement.
THE FOLLOWING PARTS ARE COVERED UNDER WARRANTY, ALONG WITH THE WARRANTY PERIOD:
SSR - ENDURO/DUAL SPORT:
Covered Parts | Description | Covered Period |
Motor | Engine & Transmission | 1 Year (Unlimited Miles) |
Mechanical | Components Carburetor | 1 Year (Unlimited Miles) |
Electrical | Harness, CDI, Inst. Cluster | 1 Year (Unlimited Miles) |
Battery (when purchased with new unit) | Battery | 30 Days (Unlimited Miles) |
Suspension | Shocks, Forks | 6 Months (Unlimited Miles) |
Brake | Caliper | 1 Year (Unlimited Miles) |
Exhaust | Header pipe, Muffler | 1 Year (Unlimited Miles) |
Clutch | CVT/Manual Clutch | 90 Days (Unlimited Miles) |
PITBIKE/DIRTBIKE:
Covered Parts | Description | Covered Period |
Motor | Engine & Transmission | 90 Days (Unlimited Miles) |
Mechanical | Components Carburetor | 90 Days (Unlimited Miles) |
Electrical | Harness, CDI, Inst. Cluster | 90 Days (Unlimited Miles) |
Suspension | Shocks, Forks | 30 Days (Unlimited Miles) |
Exhaust | Header pipe, Muffler | 30 Days (Unlimited Miles) |
Clutch | CVT / Manual Clutch | 30 Days (Unlimited Miles) |
SCOOTER:
Covered Parts | Description | Covered Period |
Motor | Engine & Transmission | 6 Month (Unlimited Miles) |
Mechanical | Components Carburetor | 1 Year (Unlimited Miles) |
Electrical | Harness, CDI, Inst. Cluster | 1 Year (Unlimited Miles) |
Battery (when purchased with new unit) | Battery | 30 Days (Unlimited Miles) |
Suspension | Shocks, Forks | 30 Days (Unlimited Miles) |
Brake | Caliper | 30 Days (Unlimited Miles) |
Exhaust | Header pipe, Muffler | 30 Days (Unlimited Miles) |
Clutch | CVT/Manual Clutch | 30 Days (Unlimited Miles) |
UTV/ATV:
Covered Parts | Description | Covered Period |
Motor | Engine & Transmission | 90 Days (Unlimited Miles) |
Mechanical | Components Carburetor | 90 Days (Unlimited Miles) |
Electrical | Harness, CDI, Inst. Cluster | 90 Days (Unlimited Miles) |
Suspension | Shocks, Forks | 30 Days (Unlimited Miles) |
Exhaust | Header pipe, Muffler | 30 Days (Unlimited Miles) |
Clutch | CVT / Manual Clutch | 30 Days (Unlimited Miles) |
PARTS NOT COVERED BY WARRANTY:
Spark Plugs | Throttle Cable, Idle Cable | Brake Line Cable, Clutch Cable |
Drive Chains, Drive Belts | Air Cleaner’s Element & Bracket | Rear Brake Shoes |
Front / Rear Brake Pads | Swing Arm Bushing | Light Bulbs |
Fuses / Rubber Parts | Outside Plastic Parts | Front / Rear Tires & Tubes |
Front / Rear Rims | Gear / Engine Oil | Front / Rear Brake Rotors |
Brake / Clutch Levers | Steering Stem Bearings | Floor Boards / Pegs |
Oil / Fuel Filters | Grips | Motor Mount Bushing |
ANY DAMAGED CAUSED BY THE FOLLOWING IS NOT COVERED UNDER WARRANTY:
Unavoidable natural disasters, fire, collision, theft, improper storage or transportation, negligence of the periodic maintenance, improper use or repair or adjustment or maintenance, using product as a rental vehicle or commercial use, unauthorized modification made to the product, keeping riding when the vehicle is overheating, installing performance parts or components on the vehicle that changes the original engineering.
Limitation of Liability
In no event shall Hawaii Powersports, LLC or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site or items purchased on or through our site or this agreement (however arising, including negligence). Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the User's cost of qualifying products purchased at the time of entering into the agreement. Qualifying products as acceptable for return as outlined in the return policy.
Purchasers Responsibility
Customer must inspect all equipment before using it and to take full responsibility for assuring that the equipment is in good working order and safe to use. You further understand that you are responsible for damage to the equipment. Purchaser understands the nature of motorcycle riding and motorcycle related activities and acknowledges that the Customer is qualified to operate said motorcycle, and is in proper physical condition to participate in such activity. Purchaser agrees to assume all risks when allowing others to operate Purchasers products
Inherent Risks
Warning! Riding activities of dirt bikes, scooters, ATVs, go karts, dirt bikes and UTVs involve the risk and danger of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by Purchasers own actions or inactions, the actions or inactions of others, participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to Purchaser, not readily foreseeable, and Purchaser fully accepts and assumes responsibility for all such risks, losses, costs, and damages incurred as a result of Purchasers participation in motorcycles riding activity.
Operation, Registration, and License
Purchaser is responsible for registering and operating the motorcycles in accordance with local and state laws and ordinances. Seller makes no representations that the motorcycles, scooters, dirt bikes, go karts, pit bikes and ATVs are legal for operation in the State of Hawaii. Customers have read and understood the use of these products before purchasing.
General
Any terms of this Agreement which by their nature extend beyond the Agreement termination in effect until fulfilled, and apply to both of our respective successors and assignees. All legal issues, should they arise, are to be filed in Los Angeles, California including but not limited to: litigations and small claims court cases.
Hawaii Powersports, LLC will process, store and use information about your transaction and your contact information, include name, phone numbers, and e-mail addresses, to process and fulfill your transaction. Where permissible under local law, we may use this information to inquire about your satisfaction with our Products and Services, if we do so, you may at any time decline to receive any further communications from us. We never share customer information with 3rd parties unless it is vital to completing your purchase or delivering your product(s).
The following additional Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
Legal Notice
All notices from Hawaii Powersports, LLC to you may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Hawaii Powersports, LLC shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
2829 Awaawaloa St. Unit D-2
Honolulu, Hawaii 96819
Delivery shall be deemed to have been made by You to Hawaii Powersports, LLC five (5) days after the date sent.
Copyright
All content appearing on this Web site is the property of:
Hawaii Powersports, LLC
2829 Awaawaloa St.
Honolulu, CA 96819
Copyright © 1987-2019 Hawaii Powersports, LLC. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 1987-2019 Hawaii Powersports, LLC. All rights reserved.
Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Hawaii Powersports, LLC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Hawaii Powersports, LLC or any third party, except as expressly granted herein.
Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Hawaii Powersports, LLC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Hawaii Powersports, LLC believes that customer conduct violates applicable law or is harmful to the interests of Hawaii Powersports, LLC and its subsidiaries.
Privacy Policy
Hawaii Powersports, LLC use of personal information that you may submit to Hawaii Powersports, LLC through this Web site is governed by the Hawaii Powersports, LLC Privacy Policy.
Warranties
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Hawaii Powersports, LLC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
Hawaii Powersports, LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Hawaii Powersports, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Store Hours
Customer service is available as defined on the Contact Us page of this Web site.
Miscellaneous VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions.Hawaii Powersports, LLC and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Powersportsgonewild.com shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Hawaii Powersports, LLC with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Hawaii Powersports, LLC with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Hawaii Powersports, LLC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. Price match guarantee is void where prohibited. Hawaii Powersports, LLC reserves the exclusive right to determine if the competitors price is legitimate. We reserve the right to refuse these terms for competitors that are not authorized product dealers and/or have excessive complaints filed with independent review websites such as, but not limited to, BBB, YELP, ripoffreport and Google+.