IES Conditions of Sale

Conditions of Sale

THESE CONDITIONS OF SALE (THESE "CONDITIONS OF SALE") GOVERN YOUR PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY INTERNATIONAL ECOLOGICAL SYSTEMS  ("IES") ON THE CYCLEIES.COM WEBSITE (THE "SITE"). PLEASE READ THESE CONDITIONS OF SALE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY CLICKING ON THE "I AGREE BUTTON" OR BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREE TO BE BOUND BY THESE CONDITIONS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. 

1. Warranty Information. 

a) Electric Bike Limited Warranty

With normal care and recommended maintenance, this electric bicycle is warranted to be free of defects in materials and workmanship for a stated period of six months from the date of purchase.

We will repair or replace, at our option, any product or part that is defective in material or workmanship, without charge, if the product is presented to us via our authorized service center, with dated proof of purchase, inside the warranty period.

This limited warranty does not cover the normal wear items such as tires, brakes, chains and belts.

All implied warranties are limited to the stated period.

“IES” Company will not be liable for any incidental or consequential damages.

Some states do not allow limitations on how long an implied warranty lasts, and some states do not allow the exclusion of incidental or consequential damages, so the above limitations may not apply to you.

This limited warranty gives you specific legal rights, and you may have other rights which vary from state to state.

This warranty applies to normal consumer use of the product. Use in a rental fleet, commercial setting, or government fleet will void this warranty. Inappropriate use such as trick riding, abusive riding, off road riding, or rider weight in excess of the limits stated in the owner’s manual will void the warranty.

b) Battery Limited Warranty

The battery is warranted to be free of defects in materials and workmanship for 90 days after the purchase of the electric bike.

After 90 days, and before 180 days after purchase, the battery can be replaced at a charge of 50% of the then listed price of a new battery.

2. Products.  ”IES” is an authorized seller of the products offered for sale on “THE SITE”.  “IES” may discontinue any product at any time without notice. The prices advertised on “THE SITE” do not include delivery, handling and insurance.  Delivery, handling and insurance charges, and sales tax for products shipped to New Jersey can be calculated when you click on a selected model using our shopping cart function.

3. Purchasers. You must be at least 18 years of age.

4. Orders. The placing of an order by you is only an offer by you to purchase products from  “IES”.  “IES” is under no obligation to accept your order or deliver you any merchandise until your order is deemed "accepted" by “IES”.   Acceptance of your offer will be deemed to have occurred when an  “IES” representative contacts you via the telephone number, e-mail address or mailing address you provided during the order process to confirm your order.

5. Refund Policy.  Your order may be cancelled up to 48 hours prior to confirmed shipping date from our warehouse by calling 1-866-742-6274. You must provide the confirmation number given to you at time of purchase.   Purchases paid by check or money order will be refunded within 10 working days from date of cancellation; refunds on credit card purchases are usually credited to your account within 24 hours of cancellation.

 6. Delivery Policy.  It is our policy to deliver your entire order at the same time.The merchandise will be delivered in factory-packed cartons with instructions for assembly by you. If you would like assistance in assembling any merchandise, please call our repair and service center at 1-866-742-6274. Any changes in the actual order or the delivery address must be made by telephone or e-mail. It is your responsibility to ensure your phone call and/or email results in an IES provided confirmation number which you must retain.  The change request must be made and confirmed at least 48 hours prior to the scheduled delivery date.

7. Payment Policy. All online purchases can be made using MasterCard, VISA, American Express,  Discover or by Bank Debit Card. Check or money order payments may be sent by mail.  To send check or money order payment by mail, print the order form from the checkout page, fill out and mail with your payment to:  IES, 51 Hartz Way, Secaucus, NJ   07094.

8. Sales Tax.   Sales tax of 6% will be added to all products which are shipped to the state of New Jersey only.  Sales tax amount will be shown when clicking on shopping cart function and entering state (New Jersey) and zip code.

9. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW,  “IES” SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE CONDITIONS OF SALE, PRODUCT(S), SERVICE(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF “IES” TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO  “IES”  FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.

10. Title to Products.  “IES”  retains all right, title and interest in and to the ordered products until the products have been delivered and you have paid for the products in full.

11. Collection Fees. If  “IES”  hires an attorney or pays any monies to collect payment from you, we shall be entitled to collect from you all collection costs, including attorneys' fees.

12. Arbitration. In the unlikely event that there is a controversy or claim between you and  “IES” involving a demand for $25,000 or more in value (including any claim(s) you assert on behalf of others or a class which when aggregated exceeds $25,000 or more in value), which cannot be resolved by negotiations between you and “IES”, you agree that such controversy or claim shall be resolved by binding arbitration governed by the Federal Arbitration Act. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and a judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.

13. Severability. If any provision of these Conditions of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Conditions of Sale and the validity of the remainder of these Conditions of Sale shall not be affected thereby.

14. Other Terms. The website and Purchase Agreement and such terms and conditions set forth in the Conditions of Sale, Privacy Policy, and Purchase Agreement are hereby incorporated into this Agreement by reference.

15. Governing Law. This Agreement is governed by the laws of the state of New Jersey, without reference to New Jersey’s choice of law provisions.

16. Disclaimers. EXCEPT AS OTHERWISE PROVIDED HEREIN, “IES” DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE