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Contract means a contract for sale by Pivot Cycles to the Customer of the Products and/or services incorporating these Terms and Conditions.

Customer means the person or legal entity identified in Pivot Cycles’ quotation or invoice.

Pivot Cycles means CLV, Inc., a corporation formed under the laws of the State of Arizona, USA.

Pivot-branded means bicycles and bicycle-related products that are marked with the Pivot Cycles brand but does not include: (a) external devices, accessories or parts added to the Pivot-branded products after they are shipped from Pivot Cycles; or (b) Third Party Products.

High-Risk Activities means use in potentially high-risk environments or any use in which the failure of the Products could lead directly to death, personal injury or severe physical or property damage.

Order Confirmation means formal, written acknowledgement of Customer’s product order, sent by Pivot Cycles, whether in the form of an invoice, order confirmation, or other similar documents issued by Pivot Cycles.

Place of Delivery means the place designated by the Customer and agreed to by Pivot Cycles for delivery of the Product.

Price means the price as per Pivot Cycles quotation and Order Confirmation and the latter will have precedence. If the Prices should be increased by Pivot Cycles before delivery of the Products to a carrier for shipment to a Customer, then these Terms and Conditions will be construed as if the increased Prices were originally inserted herein, and Customer will be billed by Pivot Cycles based on such increased prices.

Products means the products as described in the Order Confirmation and may include Pivot-branded products, Third Party Products and Service Offerings.

Service Offerings means the different service options offered by Pivot Cycles for the Products or any part of them and for varying periods, as described in Pivot Cycles’ published literature.

Limited Warranty means the warranty protection that comes standard with purchases from Pivot Cycles, as set out in clause 8 of these Terms and Conditions.

Third Party Products means products other than Pivot-branded.

Website means, collectively, Pivot Cycles’ website(s), mobile sites, mobile apps, as applicable, and other related services.

2.1 No Contract comes into existence until the Customer’s order has been accepted by Pivot Cycles and such acceptance has been received by the Customer. The Contract is deemed to be concluded at the time and place where the Customer receives such acceptance. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.

2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Pivot Cycles’ acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.

2.3 Notwithstanding anything herein to the contrary, if a written agreement signed by both parties is in existence covering the sale of the Products covered hereby, the terms and conditions of said agreement shall prevail to the extent they are inconsistent with these Terms and Conditions.

3.1 Unless credit terms have been expressly agreed by Pivot Cycles, payment for the Products and/or services must be made in full on or before physical delivery of Products and/or services.

3.2 The Customer will pay for all applicable shipping and handling charges.

3.3 The Customer will bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege, and similar levies/taxes.

3.4 Time for payment is of the essence.

4.1 All trademarks and material subject to copyright protection provided to Customers may be subject to the terms and conditions of license agreements and/or any other legal protection relating to such trademarks and copyrights and other legal requirements. The Customer acknowledges its obligations to abide by any such license agreements. The Customer acknowledges that Pivot Cycles does not make any warranty in relation to any trademarks or materials subject to copyright protection.

4.2 All rights, title, or interest in respect of the intellectual property rights in the Pivot Cycles trademarks remain with Pivot Cycles at all times.

Title and risk of loss pass to Customer upon delivery of the Products at the Place of Delivery. As collateral security for payment of the purchase price of the Products, Customer hereby grants to Pivot Cycles a lien on and security interest in and to all of the right, title, and interest of, in, to, and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Uniform Commercial Code.

6.1 Pivot Cycles will deliver the Products to the Place of Delivery.

6.2 For the efficiency of Pivot Cycles’ production and fulfilment procedures, it may be necessary for Pivot Cycles to deliver the Products by instalments in any sequence. For example, if more than one Pivot Cycles bicycle is ordered, they may not all be delivered at the same time.

6.3 Any dates provided by Pivot Cycles for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer’s location, and availability of parts for the Products. Pivot Cycles will not be liable for any delay in delivery of the Products and/or services which is outside of Pivot Cycles’ control.

6.4 Pivot Cycles has a policy of on-going Product update and revision. As a result, Pivot Cycles may revise and/or discontinue Products at any time without notice.

6.5 Where Products ordered have been revised and/or discontinued, Pivot Cycles will supply revised or updated Products. The Customer accepts that Pivot Cycles’ policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.

7.1 Unless the Customer notifies Pivot Cycles to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products will be deemed to have been accepted by the Customer. The Customer will not be entitled to withhold payment of all or any of the price of the Products whilst any claim is being investigated by Pivot Cycles.

7.2 Nothing in clause 7.1 affects a Customer’s right to claim against Pivot Cycles for a faulty product under Pivot Cycles’ Limited Warranty.

8.1 Please see https://www.pivotcycles.com/en/warranty/ for information about your Pivot Cycles Limited Warranty. In the alternative, you can request warranty information by contacting Pivot Cycles at (877) 857-4868. To register, please see https://explore.pivotcycles.com/account/login.

8.2 Products sold through the Pivot Cycles online store listed as refurbished Products may be used. The inventory of these Products may change frequently. These Products may be supplied as ‘one-offs’ or are supplied in limited numbers. In circumstances where a replacement Product is not reasonably available to Pivot Cycles, Pivot Cycles may not be able to offer a replacement Product, and Pivot Cycles may choose to refund the price paid by the Customer for the defective Product.

8.3 Your Limited Warranty will be valid when you have paid the full price of the products covered by the Limited Warranty.

8.4 To claim under the Limited Warranty, contact Pivot Cycles’ Technical Support Team.

TECHNICAL SUPPORT CONTACT DETAILS
PHONE: 1-877-85-PIVOT (74868)
EMAIL: warranty@www.pivotcycles.com

Your warranty rights are in addition to your statutory rights as a consumer. The Limited Warranty is provided by CLV, Inc. d/b/a Pivot Cycles, with an address of 6720 South Clementine Court, Tempe, AZ 85283, USA.

9.1 The Pivot Factory Orders program allows the Customer to purchase new bikes or refurbished demo bikes from Pivot Cycles’ Website and to select an authorized dealer (“Dealer”) for in-store pickup (“PFO Program”). Under the PFO Program, the Customer can also add small parts, accessories, and apparel (“Added Products”) to a bike order. The PFO Program is governed by these Terms and Conditions, and by Pivot Cycles’ Limited Warranty, referenced in clause 8, with a 3-year limited warranty on demo bike frames, and a 10-year limited warranty on new bike frames.

9.2 By purchasing from the Website, you represent that you are the actual cardholder of the credit card used to make the purchase and you authorize purchase(s) from Pivot Cycles to be charged to your credit card. You agree to notify Pivot Cycles in writing of any changes to your account information at least 30 days prior to such changes. You further agree not to dispute scheduled payments for purchases from Pivot Cycles with your credit card company, which may display either Pivot Cycles, CLV, Inc., or both, on the applicable credit card statement(s).

9.3 The selected Dealer will notify you by phone and/or email of the date the Bike will be ready for in-store pickup. You agree to collect the Bike from the Dealer within seven (7) calendar days of the Dealer’s notification that the Bike is ready for pickup, or if you are unable to collect the Bike within that timeframe, you agree to contact the Dealer to make other mutually acceptable arrangements for pickup. Failure to pick up the Bike within seven (7) calendar days, or to make other mutually acceptable arrangements with the Dealer, may subject you to an initial $50 storage fee, and a $50 monthly storage fee thereafter, payable to the Dealer.

9.4 Upon arrival at the Dealer’s store, you agree to provide the following prior to collecting your Bike: your order ID number or confirmation email, your validation key, a government-issued ID, and the credit card or financing payment ID number used for the online purchase. The Dealer will verify that: your government ID matches the name on the credit card or financing payment ID number, your validation key is correct, the last four digits of your credit card match the credit card used for the online purchase, or the financing payment ID number matches the applicable purchase information, and the government ID matches the individual present in the store (“Customer Validation”). The Dealer will not release the Bike until Customer Validation is complete. You cannot authorize an individual or agent to pick up the Bike on your behalf.

9.5 All sales of refurbished demo bikes under the PFO Program are final, and no exchanges or refunds will be permitted. Sales of new bikes purchased under the PFO Program are final once the bike has left the Dealer’s store and no exchanges or refunds will be permitted.

9.6 Pivot Cycles’ standard return and exchange policy listed on the Website, and as modified by Pivot Cycles from time to time in its sole discretion, applies to all returns or exchanges of Added Products (small parts, accessories, and apparel). Added Products that you wish to return or exchange must be shipped by you directly to Pivot Cycles.

Pivot Cycles may, in its sole discretion, provide general service and technical support to the Customer in accordance with the then-current Pivot Cycles service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Customer’s invoice, Pivot Cycles will provide the optional service and support to Customer in accordance with the then-current Pivot Cycles terms and conditions in the optional service contract between Pivot Cycles and Customer, in addition to the Limited Warranty. Pivot Cycles may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Pivot Cycles has no obligation to provide service or support until Pivot Cycles has received full payment for the Product or service/support contract for which service or support is requested.

11.1 Pivot Cycles’ total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of Products and/or services under these Terms and Conditions.

11.2 The Customer agrees to defend, indemnify, and hold harmless Pivot Cycles, its affiliates, licensors, and services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.

11.3 Pivot Cycles excludes liability for all consequential loss arising out of or in connection with the purchase, use or performance of any products or services by the Customer from Pivot Cycles, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind.

11.4 Any response and/or delivery times stated by Pivot Cycles are approximate only and Pivot Cycles will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times and/or delivery.

11.5 To the extent permitted by law, any typographical, clerical, or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Pivot Cycles will be subject to correction without any liability on the part of Pivot Cycles.

11.6  Pivot Cycles’ liability for breach of a guarantee implied into a Contract which cannot lawfully be excluded is limited, at Pivot Cycles’ option, to: (a) in the case of Products, the replacement of the Products or the supply of equivalent Products; or the repair of such Products; or the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR (b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

12.1 Products are complex items of equipment that may occasionally fail due to external causes. This failure can result in property damage, and/or personal injury, up to and including death.

12.2 Unless the Customer ensures the Products are regularly and properly maintained, lack of such maintenance may cause or promote premature failure, potentially leading to property damage, and/or personal injury, up to and including death.

12.3 Customer agrees to ensure that the Products are regularly and properly maintained.

13.1 Pivot Cycles Products are designed for specific applications and purposes to work under certain operating conditions. These are set out on the Website and in any applicable manual, operating instructions, or other product literature. The Customer’s use or modification of the Product other than in accordance with any manual, operating instructions, specified operating conditions or any other information on the Website may damage the Product and data stored on it. Such use or modification may adversely affect the Customer’s rights.

13.2 The Customer agrees to use the Product in accordance with any manual and any specified operating conditions.

The Products are not fault-tolerant and are not designed or intended for use in High-Risk Activities. Pivot Cycles expressly disclaims any express or implied warranty of fitness for High-Risk Activities.

Where Products are bought for business usage the Customer agrees to implement appropriate means and procedures to ensure operational continuity of the business in the event that the Product experiences any performance failures. This may include disaster recovery plans, comprehensive data back up plans and the implementation of redundant networks.

Please refer to our Privacy Policy at https://www.pivotcycles.com/en/policies/#privacy for details on how we collect and use information in connection with the Website. By using the Website, you acknowledge the collection, use, disclosure, storage, and sharing of data as described in the Privacy Policy.

Pivot Cycles will not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Pivot Cycles, and Pivot Cycles will be entitled to a reasonable extension of time for the performance of such obligations.

The Customer acknowledges that the Products licensed or sold hereunder, which may include technology and software, are not only subject to the export control laws and regulations of the United States (U.S.) but may also be subject to the export control laws and regulations of the country in which the Products are received. The Customer agrees to abide by all applicable export control laws and regulations. Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Arizona, USA and are subject to the non-exclusive jurisdiction of the courts of the State of Arizona, USA.

20.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Pivot Cycles. Any such unauthorized assignment will be deemed null and void.

20.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.

20.3 No failure or delay on Pivot Cycles’ part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.