Terms and Conditions

Terms and Conditions

Please read this document very carefully before using this website or making a purchase.  It is a legally binding agreement which contains important information about your rights, responsibilities, and obligations, as well as limitations and exclusions that might apply to you in connection with your use of this site and purchase of Kuberg electric motorcycles and products. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or purchase any products.


This Agreement contains all of the terms and conditions that will apply to you (“Customer” or “you”) and your purchase of any products from Kuberg Florida LLC (“Kuberg Florida” or “Seller”), which is named on the invoice that will be provided to you on orders for Kuberg Florida products (“Products”) that are sold through this website.

   

By accepting delivery of the Products described on the invoice which we provide you, you agree to be bound by and accepts all these terms and conditions.  These terms and conditions are subject to change without prior written notice at any time, in sole discretion. The last revision date will always appear at the top of this agreement underneath “Terms and Conditions.”


Other Documents


These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Kuberg Florida.


Governing Law


This Agreement and any sales under this Agreement shall be governed by the laws of the State of Florida, without regard to conflicts of laws rules.


Payment Terms


Terms of payment are within Kuberg Florida’s sole discretion, and unless otherwise agreed to by Kuberg Florida, payment must be received by Kuberg Florida prior to Kuberg Florida's acceptance and delivery of an order.  Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Kuberg Florida. Invoices are due and payable at the time of order and the date of the invoice. The Kuberg Florida online e-Commerce system will charge a credit card immediately upon completion of an order through our certified secured payment processor company and merchant bank. Kuberg Florida guarantees a full and immediate refund in case of backorder situations or pre-shipment cancellations upon customer request.  Kuberg Florida may invoice parts of an order separately. Orders are not binding upon Kuberg Florida until accepted by Kuberg Florida. Any quotations given by Kuberg Florida will be valid for the period stated on the quotation, or if published on the internet prices are guaranteed for one calendar week from the date of publication. Prices are subject to change without notice and might vary outside the Continental United States. Customer agrees to pay interest on all past-due sums at the current interest rate for credit card debt. Discounts are applied as agreed between the Customer and Kuberg Florida.


Shipping Policies


Separate charges for shipping and handling will be shown on Kuberg Florida's invoice(s), if applicable. Standard shipping within the continental U.S. include shipping via FedEx or similar service. Customer may choose alternate carrier at additional charges. Shipping to Hawaii, Alaska and International shipments can be made with a mutually agreed carrier and at the customer’s expense.


Special delivery instructions may be requested at time of order, however, the shipper is not obligated to honor any instructions related to date, time or location. All orders in excess of $1000 value are shipped with a Signature Requirement, unless waived by customer at time of order. Kuberg Florida is NOT liable for any loss, theft or damage that may occur if the signature requirement has been waived by the customer. NOTE: Signature requirement cannot be waived once order has been shipped due to most shipper’s shipping policies.


Taxes


Unless Customer provides Kuberg Florida with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Kuberg Florida's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Kuberg Florida's franchise taxes and taxes on Kuberg Florida's net income. If applicable, a separate charge for taxes will be shown on Kuberg Florida's invoice.


Title and Risk of Loss


Title to products passes from Kuberg Florida to Customer upon shipment from Kuberg Florida's facility.  Loss or damage that occurs during shipping by a carrier selected by Kuberg Florida is Kuberg Florida's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.


Receipt of Your Shipment


When your shipment arrives, please check it carefully for any visible damage before signing the delivery. Any visible damage should be reported in the couriers’ log. By ordering any item from Kuberg Florida, you indicate that you have read and understood the information above. This is a release of liability. You understand and agree with the terms above, and the assumption of risk.


Warranties


The limited warranties applicable to Kuberg Florida branded products are included in the documentation along with the products as well as on our website www.kubergflorida.com. There are no warranties for services.  Kuberg Florida makes no express warranties except those stated in this section and in Kuberg Florida's applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Kuberg Florida will be obligated to honor any such warranties, only upon Kuberg Florida's receipt of payment in full for the item to be warranted. Any warranty will be voided in its entirety, if a customer has disputed a credit card charge or other form of payment resulting in Kuberg Florida not having received full payment. Kuberg Florida disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Kuberg Florida's responsibility for warranty claims is limited to repair and replacement as set forth in Kuberg Florida's applicable warranty statement in effect on the date of the invoice. We will not pay for: loss of use of your product or property damage caused by your electric bicycle product or its failure to work; any special incidental or consequential damages resulting from performance or failure to perform under this agreement, or from the furnishings, performance or use of any goods or service sold pursuant hereto, whatever due to a breach of contract, breach of warranty, negligence, misuse or modification of the product or otherwise neither you nor Kuberg Florida shall have any liability to the other for indirect or punitive damages, or for any claim by any third party except as expressly provided herein.  Kuberg Florida reserves the right to modify its warranty at any time, in its sole discretion.


Return Policy


Kuberg Florida products that are purchased directly from Kuberg Florida by a Customer may be returned by Customer in accordance with Kuberg Florida's "Return Policy" in effect on the date of the invoice. Unused items in new condition and in original packaging only may be returned for full credit within 7 days of receipt of product, excluding shipping and handling charges. Customer is fully responsible for shipping cost of returned items. Please contact us at 954-800-3113 or Support@kubergflorida.com with an order number and reason for the return before shipping the item back. All returns must have an assigned Return Authorization number clearly written on the outside label to be accepted.  PLEASE NOTE that products that have been purchased through one of our authorized independent dealers must be returned according to that dealer's respective return policy. Refunds can only be issued by that dealer, because Kuberg Florida has no original financial transaction for such purchases with the customer. Such returns must have a dealer RA authorization which has been communicated to Kuberg Florida before a return shipping is being initiated and accepted by Kuberg Florida. It is recommended that you insure the item before returning it. For returns after the initial return period for up to 7  days after the original purchase date a restocking charge of 25% of the original purchase price (depending on condition), excluding shipping & handling charges will apply. Customer is fully responsible to cover original and return shipping and insurance charges. Product must be returned in its original packaging, including all protective cushioning and packing material to protect from transportation damage. Charges for the supply of replacement packaging will apply. Return acceptance after 7 days after the original purchase date are at Kuberg Florida's sole discretion and subject to depreciation fees assessed by Kuberg Florida's technical staff.


Exchanges


From time to time, Kuberg Florida may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Kuberg Florida's exchange policies in effect on the date of the exchange.


Products and Components


Kuberg Florida's policy is one of ongoing product update and revision.  This means, in part, that Kuberg Florida may revise and discontinue products at any time.  Kuberg Florida will ship products that have the same or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, website, manual or catalogue are possible during a model year. Kuberg Florida reserves all rights to modify and upgrade components during a model year. All parts are factory new and unused unless otherwise described or ordered by the Customer. All Products are being factory floor tested before final packaging causing slight abrasions on tires or other wear parts. These are merely a sign of quality control testing.


Service and Support


Kuberg Florida will provide general telephone service and support to Customers in the United States, and in selected international countries in accordance with the then-current service and support policies and conditions in effect. However, Kuberg Florida's support personnel may not be able to understand or resolve any given problem, and hereby excludes any obligations or liabilities arising from a given problem not solved by Kuberg Florida.  Kuberg Florida has no obligation to provide service or support until Kuberg Florida has received full payment for the Product or services and support that Customer purchased.


Limitations of Liability


Kuberg Florida DOES NOT accept liability beyond the remedies set forth in this Agreement, including any liability for products not being available for use, or the provision of services and support. Kuberg Florida will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. This limitation of liability applies both to products and services and support customer receives under this agreement. Customer agrees that for any liability related to the purchase of products or services bundled with the products, Kuberg Florida is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products under this agreement. Customer agrees that for any liability related to the purchase of services not bundled with products under this agreement, Kuberg Florida is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of services under this agreement.


Product Disclaimer


Operating any type of electric motorcycle involves some risk of bodily injury.  Customer accepts responsibility for the operation of the Products that may lead to personal injury, economic loss, social distress, other losses, costs and damages.  Kuberg Florida is not responsible for injuries or damages resulting from operating any of the Products. Our Products are not recommended for use by persons under 16 years of age. Please obey all City and county regulations while using the Product. Check with your local and city laws before use of the Product(s).


Customer understands and acknowledges that operating the Product entails known and unanticipated risks and Customer understands that such risks cannot be eliminated by Kuberg Florida without jeopardizing the essential qualities of the activities that relate to the use of the Product.  Therefore, the risks that Kuberg Florida is NOT responsible for include, but are not limited to: falling, collision with pedestrians, street, highway or roadway vehicles, striking obstructions or other person(s), unsafe weather conditions, unsafe motor or battery installation, equipment failure, and weather conditions including temperature exposure.


Waiver of Liability


The following Waiver of Liability is a legal and binding contract, executed in Broward County, Florida.


By purchasing any items on this website, I, as buyer, acknowledge and agree to be above 18 years or age or are the parent of a child under the age of 18 years. I, as buyer, acknowledge and understand that riding a bicycle with a gas engine is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I, as buyer, understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles advertised on our website. I, as buyer, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders. I, as buyer, agree to release and forever discharge Kuberg Florida, LLC or it's parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacture from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by Kuberg Florida, LLC or it's parent company or your presence upon the premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacturer or distributor. By this Agreement, it is my intention as buyer, to surrender and waive any rights to sue or exercise any legal rights to seek damages from Kuberg Florida, LLC or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. This Agreement shall be affecting and binding upon my heirs, agents, personal representatives and assigns. I, as buyer, hereby certify that I am over the age of 18 years of age. I, as buyer, have carefully read the foregoing and acknowledge that I understand and agree to all the above Terms and Conditions. I have had the opportunity to ask any and all questions regarding this Agreement and the effect of the same. I, as buyer, am aware that by purchasing this item and sending/remitting payment for it/them, I assume all risk, and waive and release certain substantial rights that I may have or possess. I, as buyer, therefore release all liability and waive all rights I may have in regards to my child's activities with any items purchased from Kuberg Florida, LLC.


Release, Waiver, and Indemnification Agreement - Adult on Behalf of a Minor


READ THIS FORM AND THIS SECTION COMPLETELY AND CAREFULLY.  BY PURCHASING AND ALLOWING YOUR MINOR CHILD TO USE A KUBERG ELECTRIC MOTORCYCLE OR ANY PRODUCT, YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SELLER USES REASONABLE CARE IN CONNECTION WITH THIS USE, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY USING THE PRODUCTS BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE USE OF THE PRODUCTS WHICH CANNOT BE AVOIDED OR ELIMINATED.  BY PLACING AN ORDER FOR AND USING THE KUBERG FLORIDA PRODUCTS, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SELLER IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE USE OF THE PRODUCTS. YOU HAVE THE RIGHT TO REFUSE TO REFUSE TO AGREE TO THESE TERMS AND CONDITIONS, AND SELLER HAS THE RIGHT TO REFUSE TO SELL ANY PRODUCTS TO YOU IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.


I, for myself, my heirs and personal representatives, hereby assume all liabilities, risks, injuries and hazards to my child/children, incidental to, or as a result of engaging in the activity of using, riding, testing, or interacting with Kuberg electric motorcycles and/or the Products.  I freely acknowledge that use of the Products may involve conditions or factual circumstances where physical or other injuries may occur. As legal guardian and/or natural parent of my child/children, I do hereby waive, release and agree to indemnify and hold harmless KUBERG FLORIDA, LLC, their officers, agents, employees, the organizers, sponsors, activity supervisors, co-sponsoring organizations and participants for any claim, demand, liability, costs, suits, charges or compensation for loss or injury of any kind arising out of a loss or an injury, arising from my child/children's use of the Products. I, as legal guardian and/or natural parent of my child/children, assume all risk of injury, liability, and loss arising from my child/children’s use of the Products. I further acknowledge that KUBERG FLORIDA, LLC, will not assume any costs relating to any injury while my child/children are using the Products.  


This Waiver, Release and Indemnification Agreement is in consideration of KUBERG FLORIDA, LLC allowing my child/children to participate in the Activity and in further consideration of KUBERG FLORIDA, LLC not requiring self-funded liability insurance coverage on my part as a condition precedent to my child or children’s participation in the Activity. I, as legal guardian and/or natural parent of the aforesaid child/children, freely and voluntarily assume all risk of loss or injury arising from my child/children’s participation in the Activity whether due to my negligence, my child/children's negligence, or the negligence or intentional acts of others.


I acknowledge that, absent this Release and indemnification, KUBERG FLORIDA, LLC, or other sponsors of the Activity would not have offered me, or my child/children, the access to the Activity because of unacceptable exposure to civil liability claims and/or lawsuits, or the expense of providing an Activity that is risk-free. By signing this waiver, I agree to indemnify any and all employees of KUBERG FLORIDA, LLC for any and all damages which may result from any injuries sustained by my child/children in connection with engaging in the Activity.  


I have read and understood this document and sign it freely and knowingly, intending that it shall be fully operative and effective in all respects and that it waives legal rights to which I, or my child/children, might otherwise be entitled if my child/children are hurt or suffer loss during his/her/their participation in that Activity.


PLEASE MAKE SURE THAT YOU FULLY AND COMPLETELY UNDERSTAND THIS WAIVER, RELEASE, AND INDEMNIFICATION SECTION OF THESE TERMS AND CONDITIONS.  YOU ARE WAIVING OR RELEASING VALUABLE LEGAL RIGHTS. YOU ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY IF YOU DO NOT FULLY UNDERSTAND ANYTHING IN THIS DOCUMENT.


Dispute Resolution


The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Kuberg Florida, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Kuberg Florida") arising out of or relating to this Agreement, Kuberg Florida's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation.

If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the parties hereby agree to submit the Dispute to arbitration in accordance with the International Institute for Conflict Prevention and Resolution Rules for Non-Administered Arbitration (the “Rules”).


The Arbitration of any Dispute will be conducted before three independent and impartial arbitrators which will be appointed as follows: Kuberg Florida will appoint one arbitrator and Customer will appoint one arbitrator. The two appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator.


The arbitration hearing shall take place in Fort Lauderdale, Florida and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in Broward County, Florida would follow and apply to the Dispute.  The arbitrators will render their award in writing and will include Findings of Fact and Conclusions of Law which will set forth and explain the basis of their award. A Judgment based upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration regarding any Dispute will be treated as confidential by both parties to the Arbitration.


Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.


For more information about Kuberg Florida or Kuberg Electric Motorcycles, please contact us as 954-800-3113 or send an email at: Support@kubergflorida.com.