Terms & Conditions of Sales
These Standard Terms and Conditions of Sale for Products (“Sales Terms”) govern all sales of ATLAS Throttle Lock products (“Products”) by Winters Impact, LLC, d/b/a Atlas Throttle Lock ("Seller”) to buyer (“Buyer”).
The provisions of these Sales Terms constitute the entire contract between the Seller and the Buyer and supersede all prior proposals, purchase orders, correspondence and other communications, whether written or oral, between the Seller and the Buyer. No provision of these Sales Terms shall be subject to change except by the written authorization of a properly authorized representative of the Seller. The Seller hereby objects to any additional, different or conflicting terms or conditions set forth in any Buyer purchase order. No terms, provisions, or conditions of any Buyer purchase order shall be effective unless expressly accepted by the Seller in writing. When purchasing a product or replacement part through the Seller website, www.atlasthrottlelock.com (the “Site”), the Buyer agrees to all of these Sales Terms by checking the box accepting Seller’s “terms and conditions” and clicking on the “Checkout” button prior to purchase.
The price of the Products, as set forth on the Site or in the Purchase Order, does not include sales, use, excise, or any other taxes or assessments levied by any federal, state, municipal, or other governmental authority, unless Seller is required to display such information or expressly agrees otherwise.
TAX AND DUTY
Orders that are shipped to countries outside of the U.S. may be subject to import taxes, custom duties, and fees levied by the destination country ("Import Fees") in the form of COD (Collection of Duty). Any Buyer receiving a shipment outside the U.S. may be subject to such Import Fees, which are levied once a shipment reaches the Buyer’s country. Additional charges for customs clearance must be borne by the Buyer; Seller has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; Buyer should contact the local customs office for further information. When custom clearance procedures are required, it can cause delays beyond Seller’s original delivery estimates. Seller cannot and will not alter the value of the Products as listed on any customs documentation for the benefit of lowering Import Fees.
CREDIT CARD PROCESSING
Seller offers three online payment options on its Site—Shopify Payments, PayPal, and Amazon Payment—all of which are facilitated by third parties unaffiliated with Seller. Seller disclaims any and all responsibility and liability for the security of transactions using these third-party operated payment options. No PayPal or Amazon account is required to purchase.
RETURNS AND REFUNDS
All returns require prior Return Authorization, and Seller assumes no responsibility for units sent without prior Return Authorization. Seller will provide Buyer with a shipping label for return if Buyer is shipping from within the U.S. If Buyer is returning the Product from an international address, Buyer will be responsible for the cost of shipping.
Returns will only be accepted within 30 DAYS from the date of purchase. Once Seller receives the returned Product, Buyer will be issued a refund for the purchase price within 10 days. Soft Goods such as T-shirts, Hoodies, etc. may only be returned in unopened, unworn condition. Seller will not accept returns of opened, worn, or washed soft goods for any reason.
Seller warrants that each Product meets Seller’s applicable Product specifications at the time Seller ships each Product. Seller is to be notified immediately if any manufacturing defects are discovered upon Buyer’s receipt of Products. Seller warrants its Products to be free from manufacturing defects in workmanship and materials, when used as recommended, for a period of two (2) years from date of purchase. The manufacturer agrees, at its option during the warranty period, to repair or replace the defective unit without charge. Such repair or replacement is subject to verification of the defect and proof of purchase confirmed by the original dated sales receipt. Shipping back to Seller for repair or replacement will be free of charge domestically (in the U.S.) but will be the responsibility of the Buyer for any international orders. Seller will pay for shipping the repaired or replaced unit back to Buyer, regardless of location. SELLER MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, OR USAGE OF TRADE. SELLER MAKES NO WARRANTY FOR DAMAGE FROM MISUSE, NEGLECT, ACCIDENT, IMPROPER OR CARELESS INSTALLATION. SELLER ALSO MAKES NO WARRANTY FOR PRODUCTS WHICH HAVE BEEN MODIFIED IN ANY WAY.
LIMITATION OF LIABILITY
Except for the limited “Warranty” and “Returns and Refunds” terms above, and except to the extent prohibited by law, SELLER IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE OR BREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR THE PARTY SUFFERING THE LOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
DISCLAIMER AND SAFETY WARNING
This Product—the ATLAS Throttle Lock—is an aftermarket part. As with any motorcycle part or accessory, improper installation or use can cause SERIOUS INJURY or DEATH.
By purchasing the Product and/or its accessories, Buyer understands the inherent risk of using aftermarket parts while riding a motorcycle.
The Product should not be used by inexperienced riders. Buyer should be familiar with the Product before using it in motion. The Product is best used on long, flat, straight, open paved roadway in good weather with good visibility. Do not use the Product in traffic, in urban areas where sudden braking may be required, in poor weather, in poor visibility situations, on uneven terrain, off-road, or twisty roads. Never remove your hands from the handlebars and always wear your helmet and appropriate riding gear.
It is Buyer’s responsibility to install the Product appropriately and use it safely. The installation video available on YouTube and at www.atlasthrottlelock.com, as well as all installation FAQs and suggestions, are for guidance purposes only and do not constitute specific, complete fitment instructions.
The installation of the Product may necessitate or result in modifications being made to the motorcycle. This may result in motorcycle manufacturer warranties being voided or affected. In this instance, Seller expressly denies being responsible for any liability and/or losses that ensue.
To the maximum extent allowed by law, Buyer shall defend, indemnify, and hold harmless Seller and its employees, agents, and representatives against all sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including investigation expenses and attorneys’ fees) that Seller may incur arising from or relating to (1) Buyer’s negligence, use, ownership, maintenance, transfer, transportation, or disposal of the Products and accessories; (2) Buyer’s violation or alleged violation of any foreign (non-U.S.) laws and regulations or any U.S. federal, state, county or local laws or regulation, including without limitation, the laws and regulations governing vehicle inspection, modification, operation, or public safety; and (3) Buyer’s breach of these Sales Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
The laws of the State of Washington, without regard to conflicts of laws principles, shall exclusively govern Seller’s sale of Products to Buyer. Except where Seller files a claim or action to collect unpaid amounts due from Customer, all disputes, claims, or controversies arising from or relating to these Sales Terms, the Buyer’s purchase/order, or the Products—or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate—shall be exclusively determined by binding arbitration in Seattle, Washington before a single arbitrator chosen by JAMS. The arbitration shall be conducted in accordance with RCW 7.04A. The parties shall maintain the confidential nature of the arbitration proceeding and any resulting award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or unless otherwise required by law or judicial decision. Judgment on the resulting arbitration award may be entered in state or federal court located in Seattle, King County, Washington. All parties are to bear their own attorneys’ fees and costs.
Any failure by Seller to enforce or exercise any provision of these Sales Terms or related rights shall not constitute a waiver of that right or provision. The waiver by Seller of any breach by Buyer of any provision of the Sales Terms may not be construed to be either a waiver of the provision itself in subsequent applications or a waiver of any other Sales Terms provisions.
If any part of these Sales Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
All notices to Seller or Buyer shall be in writing and shall be made wither via email or conventional mail. Notices to Seller must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to ATLAS Throttle Lock at 616 Fir Street, Edmonds, WA 98020, if by conventional mail. Notices to Buyer may be sent either to the email address supplied for your account or to the address supplied as part of Buyer’s account information.
All notices or communication under these Sales Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; or (5) on the delivery date if transmitted by confirmed email.
Buyer may not assign his/her rights and obligations under these Sales Terms to any party, and any purported attempt to do so shall be null and void. Seller may freely assign its rights and obligations under these Sales Terms.
In addition to any excuse provided by applicable law, Seller shall be excused from liability for non-delivery or delay in delivery of Products arising from any event beyond Seller’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, public health crisis, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those enumerated herein.
Seller promises to keep Buyer information private. However, Seller may, with Buyer’s express consent, share images on its Site or social media pages of the ATLAS Products or accessories on Buyer’s bike or other Seller-submitted information, such as trip reports or reviews. Seller also collects information about Buyers’ types of bikes to help others know what makes and models work with the ATLAS Products.
By using the Site, Buyer agrees to allow third parties to process his/her IP address, in order to determine location for the purpose of currency conversion. Buyer also agrees to have that currency stored in a session cookie in his/her browser (a temporary cookie which gets automatically removed when the browser is closed) so the selected currency remains selected and consistent when browsing the Site, and the prices can convert to Buyer’s local currency. Seller also may use Buyer’s information to help identify other potential buyers by location or interest.
The headings of the Sections in these Sales Terms are provided for convenience only and may not be considered in the interpretation of the Sales Terms. The parties agree that the provisions of the Sales Terms may not be construed in favor of or against either party by reason of the extent to which a party or its professional advisors participated in the preparation of the Sales Terms.