RESELLER TERMS & CONDITIONS
MOTOVICITY DISTRIBUTION (“MOTOVICITY”) is a wholesale distribution company that specializes in automotive aftermarket performance products. Our mission is to focus on supporting the aftermarket performance sector by concentrating on imports, late model domestics, fabrication, exotic, euro and light truck performance brands. MOTOVICITY reserves the right to qualify and sell only to purchasers serving those markets at its sole discretion. A Reseller (also referred to herein as “you” or “your”) must be a licensed automotive business with an operational company at the time of application. MOTOVICITY may, without notice, modify any of such markets and requirements, and MOTOVICITY reserves the right to accept or reject any order for products.
When submitting your application, you are required to provide the following:
- STATE VALIDATION: Photocopy of your state sales tax permit or resale license.
- FEDERAL VALIDATION: Photocopy of your federal tax ID (EIN#) or a completed W9 document.
- VERIFICATION OF BUSINESS OPERATIONS: Photo of building/warehouse, copy of website link, and/or copy of utility bill(s).
- ADDITIONAL SUPPORTING DOCUMENTATION: Business card, cancelled business check and/or proof of business insurance.
MOTOVICITY will not begin evaluating your application until all information and documentation is received. Please note that the above list is not exhaustive and MOTOVICITY may require additional information and documentation. Approval of the application is at MOTOVICITY’S sole discretion. All forms must be completed in full and signed by an executive/owner/legal agent of the company. After MOTOVICITY receives the application, it can take 3-5 business days for initial review and verification of documentation provided. A Reseller should not presume that MOTOVICITY has approved the Reseller’s application after Reseller’s submission of the application and requested documentation.
ACTIVATING A NEW ACCOUNT & EXPECTATIONS
Complete brand pricing will only be available once your account is fully active which MOTOVICITY will determine in its sole discretion. Due to the confidential nature of our distribution relationships with vendors, various brands will be restricted until the manufacturer authorizes the Reseller.
NO BUY IN REQUIRED! We trust the companies we hand-select are serious about business and bring a value to the table, so asking for a large order to prove it is just backward. The whole point of buying from a distribution company is that you can purchase product in smaller volumes and not get jammed up with capital killing inventory. Instead, we think if you are a serious shop in this industry and we award wholesale pricing then your company should be able to maintain a small minimum annual purchase amount of $5,000. If we cannot meet that minimum we simply go our separate ways. No harm, no foul.
ORDERING / CANCELLATIONS
ORDER TYPESWe offer multiple ways to order products from our company:
- Standard Order: From our warehouse to your business address.
- Drop Shipment: From our warehouse to an address other than your business address, U.S. ONLY.
- Manufacturer Drop Shipment: From the manufacturer to any U.S. address, ADDITIONAL FEES MAY APPLY so please inquire at the time of placing your order.
- Rush Order: From the manufacturer directly to our warehouse, separate from the standard ordering cycle. NOT AVAILABLE FOR ALL BRANDS.
- Over the Counter (OTC): B2B (Business to Business) client personally picks up product at our warehouse.
ELECTRONIC DATA INTERCHANGE
If MOTOVICITY and Reseller mutually agree to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, Reseller agrees that it will not contest: 1) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or 2) the admissibility of copies of EDI records under the records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. MOTOVICITY and Reseller will negotiate and agree on technical standards and methods to use in making EDI purchases and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by MOTOVICITY regarding EDI purchases made by Reseller shall be deemed to be conclusive. If electing for EDI, MOTOVICITY reserves the right to charge fees for maintenance at $49.99 a month. In the instance(s) that a Reseller needs MOTOVICITY to develop unique language or code to comply with a Reseller request, Reseller will be invoiced at $110 per hour for this added service and due upon receipt.
MOTOVICITY assumes no responsibility for errors submitted verbally and we strongly suggest all ordering be done in writing with a purchase order number. Verbal orders may be accepted at MOTOVICITY’S sole discretion.
OVER THE COUNTER (OTC) PICKUP ORDERS
OTC hours of operation are Monday-Friday, 8 am to 5 pm ET. Any product that has not been picked up after five (5) business days will be shipped to the Reseller at the Reseller’s additional expense without notice. Reseller or Reseller’s personnel must be present at the time of pickup. This is limited to employees of the Reseller; consumers are strictly forbidden.
ORDER CANCELLATION / MODIFICATIONS
If you change your mind, do it fast! We process orders quickly, many in under 30 minutes from the time of order. Generally, once the order is placed, it cannot be changed.
- If we must make changes with the freight partner, fees may apply depending on the request.
- Special Order: Once this product is ordered we do not accept cancellations or returns.
- Cancellations: All order cancellation requests must be in writing. Cancellations are not approved until we have sent a confirmation notice in writing.
- Under certain circumstances, orders can be cancelled and/or modified. If Reseller contacts MOTOVICITY’S customer service department as soon as possible with a change request, it may (or may not) be possible to amend the order. MOTOVICITY is not responsible for any loss or damages that are a result of a change request occurring after the order has been placed.
Demonstrating its commitment to Resellers and their racing endeavors, MOTOVICITY offers a unique contingency decal-based sponsorship program that affords its Resellers’ campaigning race vehicles an opportunity to obtain MOTOVICITY support through “store credits” on their business account. For more details on how to participate in this program, please ask your account representative. This exclusive benefit is restricted to active customers in good standing who have spent more than $10,000 annually with MOTOVICITY (e.g. non-delinquent account balances, timely payments, volume purchase requirements, etc.). Active accounts in good standing will be determined at MOTOVICITY’S sole discretion.
Prices are listed at wholesale rates in U.S. dollars ($USD), do not include freight, handling fees, taxes and/or duties, and are subject to modification without notice. Market sensitive commodity products will be priced according to current market conditions and at MOTOVICITY’S sole discretion. Export orders may be subject to other special pricing and charges (e.g. value added taxes, international processing fees, other adjustments, etc.). MOTOVICITY reserves the right to accept or reject any order and modify prices.
CHANGES AND UPDATES
We strive to provide ample time for our customers to prepare for manufacturer price changes. Although our goal is to provide notice of no less than two weeks, we offer no guarantee that such advance notice will be provided. Additionally, for major brand updates, MOTOVICITY will send an email notification and make the same information available on our website for approved Resellers.
MANUFACTURER RESELLERS’ PROGRAMS
Although MOTOVICITY is authorized to act as a distributor of products offered by its manufacturers, not every item is suitable for resale under all particular circumstances or in every jurisdiction. MOTOVICITY acts only as a distributor of wholesale products. It is each Reseller’s responsibility to ascertain any particular product’s suitability for sale through “brick & mortar” stores, online stores, online auctions, or any other means. Resellers are responsible for identifying and complying with any specific manufacturer pricing or MAP (Minimum Advertised Price) policies. It is also the Reseller’s responsibility to ascertain the legal implications of selling items that may be prohibited, by law or otherwise, in certain regions or venues. For any Reseller that plans to sell items through an online marketplace (or auction) site, it is recommended that you review the terms and conditions of the online marketplace, and verify that any product you intend to sell is not prohibited by the rules governing use of the online marketplace. To the greatest extent permitted by law, MOTOVICITY will not be responsible for any liabilities, losses, damages, penalties, or damages arising from your sale of products purchased from MOTOVICITY in violation of the terms and conditions of any online marketplace.
PRICING CHAIN OF COMMAND
MOTOVICITY reserves the right to accept or reject any order and modify prices as noted above. Pricing will be determined at MOTOVICITY’S sole discretion. All prices are final unless noted otherwise.
APPROVED PAYMENT OPTIONS
- Credit Card: Any orders placed using a credit card that does not match the address MOTOVICITY has on file for Reseller will be held for verification until complete. Credit cards must be in the name of the business or the business owner. MOTOVICITY accepts: American Express, VISA, MasterCard and Discover credit cards.
- Electronic Funds Transfer (EFT & ACH, Debit Card): U.S. ONLY SERVICE.
- PayPal: Limited to product that is in stock and ordered on the MOTOVICITY website.
- Cash: Limited to B2B (Business to Business) Over the Counter (OTC) orders.
- Wire Transfer: Please note that intraday banking requirements can cause delays in receipt of payments (historically, 48-hour turnaround).
- In the event that a MOTOVICITY distributed product is mistakenly listed at an incorrect price, MOTOVICITY reserves the right to refuse or cancel the orders placed for such product or for orders in which the total has been calculated incorrectly. MOTOVICITY reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MOTOVICITY will issue a credit to your credit card account in the amount of the incorrect price.
For Resellers with established MOTOVICITY financing, payment terms are net (30 / 15 / 5 / 2 / etc.) days from the date of invoice. MOTOVICITY’S preferred method for payment is via Electronic Funds Transfer (EFT). All credit extended by MOTOVICITY and the limits of such credit are at MOTOVICITY’S sole discretion, and may be reduced, otherwise altered, or revoked by MOTOVICITY at any time, for any reason. As a condition for the continued extension of credit, Reseller agrees to provide MOTOVICITY with current credit information and the latest annual financial statement within five (5) business days following request by MOTOVICITY. MOTOVICITY further reserves the right to charge Reseller a late payment fee at the rate of five percent (5%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law, whichever is greater. Further, any customer payment on account utilizing credit cards will include a three percent (3%) convenience fee. Anticipation and cash discounts are not allowed.If the Reseller fails to make payment within the time period provided herein or in another agreement between Reseller and MOTOVICITY, or fails to comply with MOTOVICITY’S credit terms, or fails to supply adequate assurance of full performance to MOTOVICITY within a reasonable time after requested by MOTOVICITY (such time as specified in MOTOVICITY’S request), MOTOVICITY may defer shipments until such payment is made or compliance completed, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue a collection action (seeking any amounts owed, and attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. MOTOVICITY may also, at its sole discretion and without notice, immediately terminate any agreements it has with the Reseller. Upon such termination, all amounts owed by the Reseller to MOTOVICITY shall become immediately due and payable.Reseller and each of its subsidiaries and affiliates agrees to provide to MOTOVICITY proper authorization necessary for MOTOVICITY to request any financial information from third parties. Reseller hereby unconditionally guarantees payment as a primary obligor of, as provided herein, all purchases made by reseller, its subsidiaries, and affiliates. Each of Reseller’s subsidiaries and affiliates purchasing from MOTOVICITY are jointly and severally liable for all purchases made by Reseller and its subsidiaries, and Reseller is also acting as agent for such subsidiaries and affiliates. Reseller further agrees to defend, indemnify and hold harmless MOTOVICITY from any and all claims, injuries, damages, losses or suits, including, without limitation, attorneys’ fees and costs, arising out of, or in connection with any attempt to require MOTOVICITY to disgorge or recover payments to MOTOVICITY made on behalf of Reseller by a subsidiary and affiliate on the grounds that such payment was improper, unauthorized, or constituted a fraudulent transfer.
SECURITY INTEREST – PERSONAL AND CORPORATE GUARANTEES
By accepting the net terms as noted above, Reseller hereby grants to MOTOVICITY a first priority security interest priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to MOTOVICITY. Further, Reseller agrees to file, and it permits and authorizes MOTOVICITY to file, any financing statements or other appropriate documents with the appropriate governmental authorities to perfect the validity, priority, and enforceability of MOTOVICITY’S lien or security interest as noted above.
Any credit issued by MOTOVICITY to customers for any reason must be used within two (2) years from the date that the credit was issued and may only be used for future purchases of products or services. Further, any credit or portion thereof not used within the two (2) year period will automatically expire and may not be claimed.
LOCAL, STATE, FEDERAL & INTERNATIONAL LAWMOTOVICITY makes no representation that materials are appropriate or available for use, and accessing them from locations/territories where their contents are illegal is prohibited. Those who choose to make a purchase do so on their own initiative and are responsible for compliance with local, state, federal, and international laws.
EMISSIONS RULES & REGULATIONS
Aftermarket products modifying emission control systems, including but not limited to exhausts and fuel controllers, may be legal exclusively for closed-course competition & off road use. By purchasing from MOTOVICITY, Reseller acknowledges that it is the Reseller’s and/or user’s responsibility to determine if the products are legal only for closed-course competition racing use, and each agrees not to use such regulated products on a licensed street vehicle. MOTOVICITY does not install or service any products it sells or distributes and, as a result, cannot verify usage of these aftermarket parts and cannot be held responsible for misuse. It is the Reseller’s responsibility to comply with all applicable laws and regulations.
PRODUCT COMPLIANCE & SUITABILITY
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. MOTOVICITY neither guarantees compliance or suitability of the products it sells with any laws, codes or regulations nor accepts responsibility for construction, installation and/or use of a product. It is the Reseller’s and user’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
MATERIAL SAFETY DATA SHEETS
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. MOTOVICITY MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY RESELLER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY MSDS. RESELLER AND USER ARE SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
RETURNS, DAMAGES, ERRORS & WARRANTY
If your order arrives and it is not right, we will fix it. If you’re not happy, neither are we! You can return new, unused, and unaltered items within ninety (90) days of delivery or OTC pick-up with zero restocking fees, subject to the Return Exclusions section.
- Returned products must be in new, unused condition and include the original box and/or packaging with all tags included and no broken seals.
- Once your return has been received, inspected, and approved by MOTOVICITY (our goal is two (2) business days after receipt of goods), approved returns will be processed and a credit will be applied to your account as a store credit.
- You are responsible for all shipping costs associated with returning your order to our warehouses.
- Reseller agrees that any credit balance(s) issued by MOTOVICITY must be used within two (2) years from the date the credit was issued and may only be used for purchases of products. Any unused credit or portion thereof will automatically expire after two (2) years, or be processed pursuant to state law.
RETURN SHIPPING OPTIONS
- For product shipped in the contiguous 48 U.S. states, MOTOVICITY provides the option of printing out a pre-paid shipping label for a fee of $14.99 per package + shipping amount. This fee will be deducted from your total refund amount.
- For Resellers in any location, you have the option of using the carrier of your choice to return your order to us at your cost. We recommend a shipping method that includes tracking and insurance for your return shipment.
- All shipments must be made prepaid; packages shipped COD will be rejected.
- Any abandoned package will be discarded or recycled.
APPAREL & HELMETS
- Apparel items must be packed in their original garment bag (or equivalent plastic bag protection) and include all original tags. Items packaged without this protection will be returned to the Reseller.
- Helmets must be shipped back as they were received in their original helmet bag and box, together with all original paperwork and accessories.
- Unused items that are returned with missing or damaged packaging, tags, or components, will be returned to the Reseller at the Reseller’s cost.
ELECTRONICS, HARD PARTS, TOOLS, SEATS, WHEELS & TIRES
- Any electronic product that has been removed from packaging or whose packaging reveals a broken manufacturer seal cannot be returned.
- Any part that has been installed or shows signs of attempting to be installed cannot be returned.
- Any tool or chemical that has been opened or whose seal is broken cannot be returned.
- Open box items for which the packaging has been destroyed cannot be returned.
- Any engine internal product that has been removed from packaging or whose packaging reveals a broken manufacturer seal cannot be returned.
- Any wheel or tire that has been installed or shows signs of attempting to be installed cannot be returned.
- Any seat that has been installed or shows signs attempting to be installed cannot be returned.
- Any product that looks installed, used or the original packaging is dirty and damaged cannot be returned.
- Any merchandise that is missing an original tamper seal, plastic wrapping, packaging, tags, or instructions is considered used and cannot be returned.
- Any merchandise or parts that show signs of use, wear, bugs, dirt, smell, pet hair, scuffing, fingerprints, mounting, installing or otherwise is in a condition other than as it was received cannot be returned.
- Product purchased with the identifier of Overstock, Closeout, or Special Order cannot be returned.
- Discontinued or Superseded products cannot be returned.
- Custom ordered product cannot be returned.
- Product and/or packaging that is damaged when Reseller is shipping on their own carrier freight account cannot be returned.
- Refunds will not be given for warranty products, but a store credit will be granted.
International shipments should be marked as a “Merchandise Return” with a carrier that does not levy brokerage fees. Reseller is responsible for freight costs and any applicable brokerage or customs charges. Any items shipped COD or having additional brokerage fees that are charged to MOTOVICITY upon delivery will be rejected.
Written notification of goods damaged upon receipt must be reported to MOTOVICITY customer service within two (2) business days of the delivery, or no refund or store credit will be available. Please keep all original shipping containers and take pictures, as this helps speed things along.
LTL shipping damage must be reported and noted at the time of delivery with the freight carrier, otherwise the claim will be void.
In the event that a MOTOVICITY distributed product is mistakenly listed at an incorrect price, MOTOVICITY reserves the right to refuse or cancel the orders placed for such product or for orders in which the total has been calculated incorrectly. MOTOVICITY reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MOTOVICITY will issue a credit to your credit card account in the amount of the incorrect price.
Most manufacturers offer an additional warranty period that covers merchandise defects. To determine warranty requirements for a specific item, please contact the manufacturer directly or MOTOVICITY for assistance. NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED is made on any products sold or distributed by MOTOVICITY. All product descriptions given by MOTOVICITY are for reference only and are not a guarantee. MOTOVICITY cannot assume any responsibility for damages arising from personal injury, labor costs or other injury arising out of the use of any product manufactured or sold by MOTOVICITY. MOTOVICITY shall not, under any circumstances, be liable for any special, incidental, punitive, exemplary, or consequential damages including, but not limited to, lost profits, damage or loss of goods or claims of Resellers of the user which may arise and or result from the sale, installation or use of these products. By purchasing, using, or installing the product, the user agrees to all of these terms.
Please note that, depending on the manufacturer, warranty processing can take up to 4-8 weeks and will be subject to the individual manufacturer’s policies and discretion. Manufacturer warranties do not cover defects determined to be caused by normal wear or due to Reseller negligence. Refunds will not be given for warranty products.
Website access will be given to qualified accounts upon the processing of one’s first order. We reserve the right to restrict the use of MOTOVICITY.COM or any other MOTOVICITY website. The content of the pages of the MOTOVICITY.COM website is for Resellers general information and use only and is subject to change without notice. Neither MOTOVICITY nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on MOTOVICITY.COM or any other MOTOVICITY website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and MOTOVICITY expressly disclaims liability for any such inaccuracies or errors to the fullest extent permitted by law. Resellers use of any information or materials on MOTOVICITY.COM or any other MOTOVICITY website is entirely at the Resellers own risk, for which MOTOVICITY shall not be liable. It shall be the Reseller’s own responsibility to ensure that any products, services or information available through MOTOVICITY.COM or any other MOTOVICITY website meet Reseller’s specific requirements. MOTOVICITY.COM or any other MOTOVICITY website contains material that is owned by or licensed to MOTOVICITY. This material includes, but is not limited to, the design, layout, look, appearance, content, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Sharing this site by Resellers with customers or another company not approved by MOTOVICITY will constitute a breach of these terms and conditions and justify termination of Reseller’s access. All trademarks reproduced on MOTOVICITY.COM or any other MOTOVICITY website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorized use of MOTOVICITY.COM or any other MOTOVICITY website may give rise to a claim for damages and/or be a criminal offense and justify termination of Reseller’s account.
From time-to-time, MOTOVICITY.COM or other MOTOVICITY website may also include links to other websites. These links are provided for Reseller’s convenience to provide further information; they do not signify that MOTOVICITY endorses the website(s) nor does MOTOVICITY assume responsibility for the content of the linked website(s). Reseller’s use of this website and any dispute arising out of such use are subject to the laws of the U.S. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between Reseller and MOTOVICITY with respect to MOTOVICITY.COM or any other MOTOVICITY website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Reseller and MOTOVICITY. If any part of these Terms and Conditions is held invalid or unenforceable, 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. MOTOVICITY is a distributor of products. Information about the products on the MOTOVICITY website is provided by the manufacturers and/or suppliers, and questions concerning the products should be directed to the manufacturer and/or supplier. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any MOTOVICITY literature, staff recommendation or websites does not constitute the right to purchase products. MOTOVICITY reserves the right to revise publishing errors in its catalogs or any of its websites. Despite MOTOVICITY’S efforts, occasional pricing errors may appear in the MOTOVICITY literature and on its websites. MOTOVICITY reserves the right to cancel any and all orders resulting from such pricing errors, even if Reseller has received an order confirmation from MOTOVICITY.
SHIPPING & LOGISTICS
SHIPMENT DELIVERY EXPECTATIONS Ground, SmartPost, 1-RATE and Free Freight shipments do not have guaranteed transit times, delivery dates, or delivery times. MOTOVICITY (regardless of service selected) will not be liable for loss, damage, delay, shortage, delivery errors, non-delivery, misinformation, or failure to provide information in connection with your shipment caused by events MOTOVICITY cannot control including, but not limited to, acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities including customs with actual or apparent authority, and delays caused by customs clearance procedures or those of other regulatory agencies.
ATTEMPTED DELIVERIES / SHIPPING TO YOUR PLACE OF BUSINESS
If a package is refused when attempting delivery for any reason, the products will be returned to MOTOVICITY as a return. Freight costs incurred in returning the package to MOTOVICITY will be charged to the purchaser. When a signature must be obtained, there will be three (3) delivery attempts for parcel deliveries. After the third failed attempt at delivery, the package(s) will be returned to MOTOVICITY and will be treated as a return.
ATTEMPTED DELIVERIES / DROPSHIPPING PRODUCT TO YOUR CUSTOMER
If a package is refused when attempting delivery to Reseller’s customer, the product will be redirected to your business address. When a signature must be obtained, there will be three (3) delivery attempts for parcel deliveries. After the third failed attempt at delivery, the package(s) will be returned to the Reseller’s business address. Reseller will be charged any freight charges incurred in returning the package to MOTOVICITY.
DOMESTIC SHIPMENT OPTIONS
Business days are Monday-Friday; Holidays, Saturdays and Sundays are not included in shipping days. The following delivery estimates are for U.S. package services (150 lbs. or less), excluding deliveries to Alaska, Hawaii, and Puerto Rico. All delivery times are local. Not all services are available in all areas. Please be aware that your order may ship from multiple distribution centers and have different origin locations.
FEDEX EXPEDITED SERVICES – 6:00 PM EASTERN TIME SAME DAY SHIPPING CUTOFF
- FedEx Overnight
Next-business-day delivery by 3:00 pm to most U.S. addresses; by 4:30 pm to rural areas; and by 8:00 pm to residences. Available throughout all 50 states to addresses where the FedEx Priority Overnight delivery commitment is by 10:30 am or noon.
- FedEx Overnight Priority
Next-business-day delivery by 10:30 am to most U.S. addresses; by noon, 4:30 pm or 5:00 pm in remote areas. Available throughout all 50 states.
- FedEx SAT Priority
Saturday delivery is available in the majority of U.S. cities with FedEx Priority Overnight service. This option is only available for selection on Thursday starting at 6 pm ET and the option ends the following Friday at 6 pm ET.
- FedEx 2Day
Delivery in two (2) business days to most areas (deliveries running up to 8:00 pm for residences). Available throughout all 50 states.
- FedEx Express Saver
Delivery in three (3) business days to most areas (deliveries running up to 8:00 pm for residences). Available throughout all 50 states.
FEDEX GROUND SERVICES
Two (2) plus transit day SmartPost zone – 8:00 PM EASTERN TIME SAME DAY SHIPPING CUTOFF
One (1) transit day Ground zone – 6:00 PM EASTERN TIME SAME DAY SHIPPING CUTOFF
- FedEx Ground
FedEx Ground delivers your package in one (1) to five (5) days. Available throughout all 50 states. (Up to seven (7) days to Alaska and Hawaii.)
- FedEx Ground Home Delivery
Residential only. Ships packages up to 70 lbs for delivery within one (1) to five (5) business days. Delivery on Saturdays at no extra charge. No Monday delivery, as deliveries take place Tuesday-Saturday. Available throughout all 50 states.
- FedEx SmartPost
Coverage to every residential address in the U.S., including P.O. Boxes, APO, FPO and DPO destinations, Alaska, Hawaii, Puerto Rico, Guam, U.S. Virgin Islands and all other U.S. territories. FedEx SmartPost does not pickup packages originating outside the contiguous U.S.
Transit times typically are two (2) to seven (7) days within the contiguous U.S., based on the final destination ZIP code.
UPS GROUND SERVICE – 4:00 PM EASTERN TIME SAME DAY SHIPPING CUTOFF
UPS Ground delivers your package in one (1) to five (5) days. Available throughout all 50 states.
MOTOVICITY 1-RATE FLAT RATE SHIPPING TO YOUR PLACE OF BUSINESS – 5:00 PM EASTERN TIME SAME DAY SHIPPING CUTOFF
Orders over $500 shipped to your company’s commercial business address may qualify for MOTOVICITY’S 1-RATE FLAT RATE SHIPPING program. When selected, the order will be shipped the most economical way possible with a flat rate of $8.99 for the shipping cost will be charged. Order ship date and transit times are not guaranteed. Accessorial items, such as signature requirements, insurance, and other accessorial charges are NOT included and will be billed on account if received from carrier. Exclusions for this freight type are: dropship orders, OTC orders, residential addresses, shipments that exceed 150lbs, and lift gate service needed.
INTERNATIONAL SHIPMENT OPTIONS
Business days are Monday-Friday; Holidays, Saturdays and Sundays are not included in shipping days. The following delivery estimates are for international package services (150 lbs or less). All delivery times are local. Not all services available in all areas.
- FedEx International Priority
Transit times typically one (1) to three (3) business days; next business day to Canada, Mexico and the Caribbean. Reach major cities in Europe by 10:30 am typically in two (2) business days.
- FedEx International Economy
Transit time typically five (5) business days.
- FedEx Ground Canada
Transit times typically one (1) to seven (7) business days.
International Rules and Regulations
- With FedEx Express international services, you can ship packages up to 150 lbs; up to 108″ in length and 130″ in length and girth. See Oversize Items for further details.
- International service is NOT available in all countries. MOTOVICITY is currently shipping to the following countries: Australia, Bahrain, Belgium, Canada, China, Denmark, France, Germany, Greece, Italy, Kuwait, Malaysia, Mexico, Netherlands, New Zealand, Poland, Portugal, Qatar, Russian Federation, Saudi Arabia, Singapore, Spain, Sweden, Switzerland, Taiwan, Thailand, United Arab Emirates, and United Kingdom. This list is subject to change without notice.
- Any order being shipped to a Canadian destination may be subject to import duties and taxes that are levied and collected as a part of the GST and Tariff fees during checkout. A summary of these charges will be included in the GST and Tariff lines on your invoice. The order total presented at checkout will be the exact amount that you will be billed. There will not be any additional costs billed upon delivery or due as COD charges. As a Canadian Reseller ordering goods from MOTOVICITY, you authorize a licensed customs broker chosen by MOTOVICITY to act as your agent and to transact business with the applicable border services agency to clear merchandise and account for applicable duties and taxes.
- When placing an order for delivery outside the U.S., you are considered the importer of record and must comply with all applicable laws and regulations. Charges for duties, taxes and the carrier’s collection fee are in addition to your shipping charge and must be borne by you.
- Some items may require special handling as specified by federal, state and local regulations governing the transport of these items; therefore, the shipment of some products to certain locations may not be possible. Hazardous items cannot be shipped internationally.
- All prices are shown in U.S. dollars ($USD). The item price is exclusive of any import duties, taxes, and shipping charges.
- By ordering goods from MOTOVICITY, you authorize MOTOVICITY to act as forwarding agent for you for export control and customs purposes. Furthermore, you understand that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements; for violation of any U.S. Laws on exportation, including but not limited to 13 USC Sec. 305, 22 USC Sec. 401, 18 USC Sec. 1001, and 50 USC App. 2410; or for the violation of export laws of other countries.
- All International orders outside the continental U.S. and Canada are subject to duties, customs, and value added taxes. If you are shipping your order outside of the continental U.S. or Canada, as a condition of sale, you acknowledge and agree that title to your order transfers to you after exportation from the U.S. and immediately prior to importation of such order at the border of the ship to location and assume all risk and responsibility for the import clearance, duties, taxes, and delivery to final destination.
- Orders are shipped on business days only. Business days are Monday-Friday, excluding federal holidays within the U.S.
- Packing slips for International Shipments and Commercial Documents cannot be altered in any manner.
COUNTRY OF IMPORTATION AND ANTI-DIVERSION
Reseller represents that it is purchasing products from the U.S. and importing them to the country for the use of the ultimate consignee or end-user specified in the Reseller and MOTOVICITY documentation. Reseller agrees that the products will not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Any commodities, technology, and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited.
If requested by MOTOVICITY, Reseller shall provide documentation satisfactory to MOTOVICITY verifying delivery in the designated country, the identity of end-user(s) ordering products from Reseller, and the terms and conditions upon which such end-users request products to be supplied. Reseller further agrees to inform MOTOVICITY at the time of order of any necessary North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but MOTOVICITY shall not be responsible for providing any such documentation, packaging, marking or labeling other than required under U.S. export laws and regulations for export, unless MOTOVICITY expressly agrees to do so.
PERMITS, EXPORT, AND IMPORT LICENSES
Reseller shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation. When the Reseller is designated as the U.S. Principal Party of Interest, the Reseller shall be responsible for obtaining licenses under the EAR, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations.
USE OF A FREIGHT FORWARDER / THIRD PARTY CONTRACTING
Please indicate to your representative in writing that your order will be delivered to a freight forwarder. Your order is an agreement between you and MOTOVICITY. Neither MOTOVICITY nor the third party delivery carrier that has been contracted by MOTOVICITY to perform the delivery will be held responsible if you decide to hire a third party contractor or freight forwarder to accept, receive and sign the handover of items without the notations of visible defects of packaging, damaged items, or missing merchandise.
When using a Freight Forwarder to ship outside of the U.S., MOTOVICITY is NOT responsible for producing any international commercial documentation, shippers’ letters of instruction (SLI), or signing of a power of attorney (POA).
THIRD PARTY SHIPPING
This will enable you, the Reseller, to use your account and your rates to ship to your customer. By using MOTOVICITY third party shipping services, Reseller authorizes MOTOVICITY to ship packages using Reseller’s carrier account(s), on Reseller’s behalf. MOTOVICITY cannot make any changes to any shipments processed using third party billing once a tracking number has been generated; any changes, lost package, damage, or transit time claims are the sole responsibility of the account holder. When selecting this option a flat-rate packaging and preparation fee of $5.00 will be added per order.
Shipping changes after the order is placed, such as signature requirements, intercepts, re-routes, address change/corrections, and customer pickup may be subject to a service fee per shipment. SmartPost shipments cannot be changed in any manner (including reroutes) once a tracking number has been generated. Signature requirements cannot be altered on FedEx Ground Home Delivery shipments once a tracking number has been generated.
Orders are packaged with care for the item’s protection using a variety of packaging material. Select items will ship in manufacturer packaging due to size/dimension constraints. If the manufacturer provides sub-standard or no packaging at all, MOTOVICITY will package the product in a manner we feel best meets the shipping requirement. At this time, MOTOVICITY does not offer custom packaging on a per Reseller type program.
Upon shipment, an email containing the tracking number(s) for your shipment will be sent to the email associated with your account. Please be aware that your order may ship from multiple distribution centers and have different origin locations.
Items deemed as hazardous (such as aerosols and chemicals) may only be shipped via ground shipping to the contiguous 48 U.S. states. Hazmat fees of $32 per package may be assessed if/when applicable.
Oversize items are defined as any package that: 1) measures greater than 48” but equal to or less than 108” along its longest side; 2) measures greater than 30” along its second-longest side; and 3) has an actual weight of greater than 70 lbs. The oversize fee is $18 per oversize package. Items that are commonly included in this category, but are not limited to, are exhaust kits and seats.
Orders under $1,000 by default ship no signature required. Signature requirements can be added for $4.50 per package. Residential orders over $1,000 automatically receive signature required service. In some instances, parcel carriers will exercise the right not to release without a signature (i.e., a neighborhood appears unsafe or an apartment building has no access). MOTOVICITY bears no responsibility for shipments released without obtaining a signature if the recipient has provided authorization by signing a release delivery authorization and indemnification agreement with the parcel carrier. Please note that if the address is a commercial location the carrier will obtain a signature automatically without a fee.
NOTIFICATION PRIOR TO DELIVERY
This service is NOT authorized by MOTOVICITY. Fees associated with this service are the responsibilities of the Reseller.
Freight only items must ship through a freight carrier based on them meeting one or more of the following criteria: 1) weight is greater than 150lbs; 2) measures greater than 108” along its longest side; 3) girth measures greater than 165”; or 4) it is a specialty item (including but not limited to superchargers, transmissions, engine blocks, etc.) regardless of weight or dimensions of aforementioned products. Products that fall into this category are NOT eligible for MOTOVICITY’S #1-RATE FLAT RATE SHIPPING program.
- LIFT GATE SERVICE: A fee of $123 for the use of a delivery vehicle equipped with a lift gate.
- RESIDENTIAL DELIVERY: A fee of $130 per shipment will be assessed when the delivery address is a residence.
- RE-DELIVERY CHARGES: When a shipment is tendered for delivery, and through no fault of the carrier such delivery cannot be accomplished, a charge of $126 for each additional attempt of delivery to the original destination point will apply. MOTOVICITY IS NOT RESPONSIBLE FOR THESE CHARGES.
DEFENSE & INDEMNIFICATION
You agree to defend, indemnify, and hold harmless MOTOVICITY and its shareholders, officers, directors, employees, agents, independent contractors, affiliates, partners, co-branders, joint ventures, attorneys, and their shareholders, officers, directors, members, managers, employees, agents, independent contractors, affiliates, partners, and attorneys from all liabilities, claims, and expenses, including attorney’s fees, that arise from your: 1) sale, marketing, promotion, advertisement, use or misuse of MOTOVICITY products or services; 2) violation of any laws; or 3) application of policies or procedures. Within fifteen (15) days (the “Retention Period”) after MOTOVICITY notifies Reseller of a claim or threatened claim against MOTOVICITY by a third party, Reseller shall have the option, at Reseller’s sole cost and expense, to retain counsel for MOTOVICITY to defend such claim, subject to MOTOVICITY’S right to approve such counsel, which approval shall not be unreasonably withheld. If Reseller fails to retain counsel for MOTOVICITY within the Retention Period, MOTOVICITY may retain its own counsel whose fees and expenses shall be Reseller’s sole responsibility and shall be paid by Reseller on a current basis. Reseller shall not consent to entry of any judgment or enter into any settlement that admits fault on the part of MOTOVICITY or subjects MOTOVICITY to any form of injunctive relief, or without the consent of MOTOVICITY, which shall not be unreasonably withheld, MOTOVICITY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Reseller, in which event Reseller will cooperate.CHOICE OF LAW & FORUM
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of MICHIGAN, excluding its conflicts of law rules. Reseller expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions shall be the state courts in Oakland County, Michigan, or the U.S. District Court for the Eastern District of Michigan, Southern Division, and Reseller further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
DO NOT SELL (DNS) PROGRAMS
If a manufacturer places a company on a DNS list, MOTOVICITY will operate under those rules and suspend service of that brand or product until otherwise notified by the manufacturer. MOTOVICITY has no control over a manufacturer’s decision respecting your placement on or removal from a DNS list, and MOTOVICITY is not permitted to inform Reseller of the contents or status of a DNS list.
MODIFICATION OF TERMS
MOTOVICITY’S acceptance of any order is subject to Reseller’s assent to all of the terms and conditions set forth herein. Reseller’s assent to these Terms and Conditions shall be presumed from Reseller’s receipt of MOTOVICITY’S acknowledgment of the order, or from Reseller’s acceptance of all or any part of the products ordered. No additions or modifications of MOTOVICITY’S Terms and Conditions by Reseller shall be binding upon MOTOVICITY unless agreed to in writing by an authorized representative of MOTOVICITY. If a purchase order or other correspondence submitted by Reseller contains terms or conditions contrary or in addition to the terms and conditions contained herein or in MOTOVICITY’S acknowledgment, MOTOVICITY’S fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Reseller, and will not constitute a waiver by MOTOVICITY of any of the terms and conditions contained herein or in MOTOVICITY’S acknowledgment.
MOTOVICITY shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of MOTOVICITY in the conduct of its business.
PRIVACY & CONFIDENTIALITY
Reseller understands that all information provided by MOTOVICITY is confidential and proprietary to MOTOVICITY and must be used by Reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from MOTOVICITY to any business entity that may compete with MOTOVICITY. Any violation of confidentiality is grounds for immediate termination of Reseller’s account.
DATA & INTELLECTUAL PROPERTY
Resellers are not allowed to repackage, reproduce, or otherwise resell technology, and/or data without express written consent from MOTOVICITY. Bulk downloading or “screen scraping” of data from the MOTOVICITY website or subsidiary websites is prohibited without prior express written permission. Violation will result in the account being cancelled and depending on the severity of the violation, MOTOVICITY reserves the right to press criminal charges and/or seek civil compensation for damages, expenses, and revenues lost.