Terms & Conditions
1. Introduction & General Terms
The Terms and Conditions of Sale set forth herein shall govern the sale of products, equipment, and parts (collectively referred to as “Equipment”) by Destino Kart (“Company”). These Terms apply unless explicitly agreed to in writing by the Company. The Company hereby rejects any additional or differing terms included in any purchase order or other documentation submitted by the Purchaser of the Equipment (“Purchaser”). Such additional or different terms shall not be incorporated into this agreement unless expressly accepted in writing by the Company.
The Company will conduct all transactions in accordance with these Terms and will adhere to all applicable laws and regulations related to the manufacture and sale of the Equipment. The Purchaser agrees to comply with all relevant laws, rules, regulations, and orders concerning their activities related to the Equipment, including its use, distribution, and resale. The Purchaser must accurately represent the condition, features, and performance of the Equipment and any other products supplied or approved by the Company. For the purposes of this agreement, Destino Kart and the Purchaser maybe collectively referred to as “the Parties.”
2. Title and Risk of Loss:
Title and risk of loss or damage to the Equipment shall transfer to the Purchaser upon delivery at the Destino Kart facility, unless otherwise mutually agreed in writing by the Parties. Notwithstanding the transfer of title, a security interest in the Equipment shall remain with Destino Kart until full payment has been received.
The Purchaser agrees to take all necessary actions to perfect and maintain this security interest upon request. Additionally, the Purchaser shall protect Destino Kart’s interest by ensuring that the Equipment is adequately insured against loss or damage from any cause, with Destino Kart named as an additional insured party on such insurance policies.
3. Delivery and Delays:
All delivery dates provided by Destino Kart (“Company”) are estimates and shall not be interpreted as binding commitments. The phrase “time is of the essence” shall not apply to these delivery dates. The Company shall not be held liable for any loss or delays resulting from circumstances beyond its reasonable control, including but not limited to acts of war, terrorism, riots, fires, floods, strikes, labour disputes, actions by civil or military authorities, governmental laws, orders, or regulations, Purchaser actions, embargoes, transportation shortages, damages, or delays, or the inability to procure necessary labour or materials.
In the event of a delay caused by any of these factors, the delivery date or completion timeline will be adjusted accordingly to account for the duration of the delay. The Purchaser’s acceptance of the Equipment shall be deemed a waiver of any claims related to delays in delivery.
4. Warranty for New Equipment
- New Equipment manufactured by Destino Kart will be free from defects in material and workmanship for the duration specified in the applicable limited warranty statements, which are incorporated herein by reference.
- Aftermarket accessories purchased from Destino Kart will be covered for a period of six (6) months from the date of shipment.
- Service parts sold by Destino Kart are provided “AS-IS” without any warranty.
5. Warranty for Used Equipment
For Purchasers who are not the original buyers of the Equipment, Destino Kart (“Company”) hereby revokes any battery-related portion of the original manufacturer warranty for Equipment that is more than one (1) year older than the current model year, regardless of any conflicting language contained in the original warranty statement or elsewhere. As such, this warranty is rendered null and void.
The Purchaser is responsible for communicating this cancellation of the original manufacturer’s warranty to their customers prior to the sale of the Equipment.
However, if the accompanying sales invoice explicitly states that the Equipment is covered by a warranty, that warranty shall be limited to Destino Kart’s standard pre-printed limited warranty applicable at the time of sale, a copy of which can be provided upon request (the “Applicable Warranty Statement”). All warranty statements, including any modifications or updates made by the Company from time to time, are incorporated herein by reference.