Terms and Conditions

Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

The Terms and Conditions of Sale are limited to those contained herein. Any additional or different terms in any forms delivered by the customer are deemed material alterations and are hereby rejected.

By accepting delivery of the products described in Oliver’s Offroad‘s invoice or other Oliver’s Offroad documentation, the customer agrees to be bound by and accepts these Terms and Conditions of Sale unless the customer and Oliver’s Offroad have signed a separate agreement, in which case the separate agreement will govern.

IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale constitute a binding contract between the customer and Oliver’s Offroad. The customer accepts these terms by making a purchase, placing an order, or otherwise shopping on Oliver’s Offroad‘s website (the “Site”). These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time the customer initially places or modifies an order will govern the order in question.

These Terms and Conditions of Sale constitute the entire agreement between the customer and Oliver’s Offroad relating to the sale of products on the Site. The customer consents to receiving electronic records, which may be provided via a web browser or email application connected to the Internet.

The customer may issue a purchase order for administrative purposes only. Any additional or different terms and conditions contained in such a purchase order will be null and void. The customer agrees that the Terms and Conditions of Sale contained herein and in Oliver’s Offroad‘s invoice or other documentation will control. No prior dealings between the parties or usage of trade will be relevant in determining the meaning of these Terms and Conditions of Sale.

For the purpose of these Terms and Conditions of Sale, “Customer” means the person or entity that purchases, places an order, or otherwise shops at Oliver’s Offroad‘s website.

CHOICE OF LAW AND FORUM

These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflicts of law rules. The customer expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Sale shall be filed only in the state or federal courts located in the State of Arizona.

SHIPMENTS; RISK OF LOSS

Orders will be shipped to an address designated by the customer, provided that the shipping address complies with the restrictions on this website. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased pass to the customer upon delivery of the items to the carrier. The customer is responsible for filing any claims with carriers for damaged and/or lost shipments. Oliver’s Offroad retains a security interest in the products until payment in full is received. The customer is responsible for all shipping and related charges.

EXPORT SALES

If this transaction involves an export under the Export Administration Regulations, the products sold or distributed under these Terms and Conditions of Sale exported from the United States by Oliver’s Offroad were exported in accordance with the Export Administration Regulations. Diversion, use, export, or re-export contrary to U.S. law is prohibited. Manufacturer warranties for exported products may vary or be null and void outside the U.S.

WARRANTIES

The customer understands that Oliver’s Offroad is not the manufacturer of the products purchased and that the only warranties offered are those of the manufacturer, not Oliver’s Offroad. All products are sold AS IS. The customer relies solely on the manufacturer’s specifications and not on any statements, specifications in brochures, photographs, or illustrations provided by Oliver’s Offroad.

OLIVER’S OFFROAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL OLIVER’S OFFROAD OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM PRODUCTS PURCHASED BY THE CUSTOMER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER BASIS, EVEN IF OLIVER’S OFFROAD HAS BEEN ADVISED OF SUCH DAMAGES.

SAFETY

Off-road vehicles can be dangerous. Oliver’s Offroad has no control over the usage of any part or product. Customers must read and comply with all safety instructions and exercise good judgment when selecting, installing, using, and maintaining any part.

INDEMNIFICATION

The customer agrees to defend, indemnify, and hold harmless Oliver’s Offroad from all liabilities, claims, and expenses, including attorney’s fees, arising from the customer’s breach of these Terms and Conditions or use of any products purchased.

PRICING INFORMATION; AVAILABILITY DISCLAIMER

All pricing is subject to change. Oliver’s Offroad reserves the right to adjust pricing and product offerings due to market conditions, product discontinuation, manufacturer price changes, and advertisement errors. All orders are subject to product availability.

ORDERS; PAYMENT TERMS; TAXES

Orders are not binding upon Oliver’s Offroad until accepted. Payment terms are at Oliver’s Offroad‘s discretion. The customer agrees to pay all past-due sums with interest at the highest rate permitted by law. The customer is responsible for any applicable sales, use, or other taxes.

RETURN PRIVILEGES

The customer must inspect all goods upon delivery. No claims for shortages or damaged goods will be valid unless the customer follows Oliver’s Offroad‘s return policy.

ONLINE TRANSACTIONS

Oliver’s Offroad is not liable for transaction failures, delivery failures, or system errors due to telecommunication failures or other circumstances beyond its control.

TYPOGRAPHICAL ERRORS

We are not responsible for typographical errors related to copy, photography, or applications.

PRICE MATCH POLICY

Requests for a price match must be made before placing an order.
The product must be identical in all aspects, including color, size, year, etc.
The competing website must be a valid, authorized U.S. dealer and must list prices in U.S. dollars, including shipping, handling, taxes, and other related fees.
Price matching applies to the total cost of the item, including all applicable fees.

Exclusions:

Price matching does not apply to:

Closeout, backorder, or clearance items Blemished, scratch-and-dent, or factory seconds
Products with Manufacturer Advertised Price (MAP) policies
Competitor coupons, verbal discounts, or emailed discounts
eBay, Amazon, or other e-commerce/discount sites

Additional Terms:

Price matching excludes eligibility for any additional discounts or offer codes on the order.
OliversOffroad reserves the right to deny any price match request at our sole discretion.
The Low Price Guarantee Program may be modified or discontinued by OliversOffroad at any time.

MARKETING EMAIL COMMUNICATIONS

By signing up for emails or making a purchase, customers agree to receive promotional communications. Customers can opt out via the unsubscribe link in emails or by contacting customer service.

COPYRIGHT

All site design, text, graphics, and interfaces are the property of Oliver’s Offroad and protected by copyright laws. Unauthorized use is prohibited.

TRADEMARKS

All trademarks, trade names, service marks, and copyrights contained herein are proprietary to Oliver’s Offroad and may not be used without written permission. All other trademarks belong to their respective owners.