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Please print out this page for future references!
F1Showcar™ Terms of Sale
The following is the terms of the Contract between seller herein after ,,Company" (F1Showcar.com, Seefeld Strasse 69, 8008 Zurich, Switzerlnad) and the buyer ,,Buyer" of goods or services through the Company's
Web site F1Showcar.com the ,,Site". If you do not agree to these terms, you
will not be able to purchase anything, so please review these terms carefully.
1. Introduction
Buyer agrees to the terms and conditions outlined in this Online Contract
("Contract") with respect to the goods, services and information provided by or
through the Site. This Contract constitutes the entire and only Contract between
the Company and Buyer, and supersedes any and all prior or contemporaneous
Contracts, representations, warranties, and understandings with respect to the
goods, services and information provided by or through the Site, and the subject
matter of this Contract. Buyer agrees to review this Contract prior to
purchasing anything and purchase of a good or service shall be deemed acceptance
of this Contract.
2. Description of Goods.
This sales Contract is for the following goods: F1Showcar™ (hereinafter
"F1Showcar™") as follows. Specification and features of F1Showcar™ are according
to ''Order page'' product description. There are absolutely no other working
parts on this F1Showcar™, such us: engine, gearbox, electronic devices, fuel
tank, working brakes, working suspension parts. It is an empty fiberglass body
on a space frame chassis which imitates racing car. By sitting into the
F1Showcar™ and using the racing simulator equipment people can race against
computer generated competitors.
Approximate dimensions of full size F1Showcar™
Length: 475 cm (15.4 feet)
Width: 180 cm (5.84 feet)
Height: 110 cm (3.57 feet)
Weight: 400 kg (880 Lb)
The chassis fits approximately for a 190 cm tall 90 kg heavy driver (6.16 feet
tall and 198 Lb heavy).
Approximate dimensions of half size F1Showcar™
240 x 180 x 110 cm (7.78 x 5.84 x 3.57 feet)
Weight: 280 kg (616 Lb)
Fits approximately for 190 cm tall 90 kg heavy driver (6.16 feet tall and 198 Lb
heavy).
3. Setup and Payment
Buyer represents and warrants that (i) the credit card or Billing
information supplied is true, correct and complete and (ii) charges incurred by
the Buyer will be honored by the Buyer's credit card company and (iii) Buyer
shall pay charges incurred by Buyer at the amounts in effect at the time
incurred, including all applicable taxes.
4. Copyright
The content, organization, gathering, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable
copyrights, trademarks, and other proprietary (including but not limited to
intellectual property) rights, and, the copying, redistribution, use or
publication by a Buyer of any such content or any part of the Site is
prohibited.
5. Indemnification
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors
and suppliers harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to a Buyer's violation of this Contract or
use of the Site.
6. Non-Transferable
Buyer's right to use the Service is not transferable and is subject to any
limits established by Company.
7. Disclaimer
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE
AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND
EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID
BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS
AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS.
ANY POTENTIAL MENTION ON THE WEBSITE TO OTHER BRAND NAMES AND/OR PRODUCTS IS
MADE FOR COMPARISON, EDUCATIONAL OR NOVELTY PURPOSES ONLY. THE F1SHOWCAR™ IS NOT
BEING SOLD AS REAL RACING CAR, THERE IS NO RELATIONSHIP TO ANY BRANDS, TRADE
MARKS, RACING SERIES, RACING TEAMS AND/OR COMPANIES. THE F1SHOWCAR™ CAN BE USED
AS DISPLAY FOR ENTERTAINMENT OR EDUCATIONAL AND NOVELTY PURPOSES ONLY. THE
COMPANY TAKES NO RESPONSIBILITY FROM WHAT THE BUYER SAYS ABOUT OR DOES WITH THE
F1SHOWCAR™. FOR BUYER'S ORDER COMPANY SUPPLIES, AT NO CHARGE, A THIRD
PARTY DECAL KIT TO THE F1SHOWCAR™. ALL LOGOS AND/OR TRADEMARKS ARE SUPPLIED TO THE F1SHOWCAR™ AS
A CONVENIENCE FOR BUYER FOR THEIR LAWFUL USE ONLY. BUYER DECLARES BUYER IS NOT INTENDED TO
BE USE WITHOUT THE CONSENT OF THE TRADEMARK REGISTRANT ANY
REGISTERED MARK, AND DO NOT APPLY SUCH LABELS OR ADVERTISE GOODS OR SERVICES
WHICH SUCH USE IS LIKELY TO CAUSE CONFUSION, OR TO CAUSE MISTAKE, OR TO DECEIVE.
COMPANY DOES NOT GIVE AUTHORIZATION OR PERMISSION FOR BUYER TO USE ANY
COPYRIGHTED LOGOS AND/OR TRADEMARKS ON BEHALF OF THE TRADEMARK OWNER. COMPANY
ACCEPTS NO RESPONSIBILITY FOR BUYER'S INFRINGEMENT OF ANY COPYRIGHT, TRADEMARK
OR TOBACCO LAWS, OR ANY OTHER RELATED LAWS, IF APPLIES SAID DECALS TO AN
F1SHOWCAR™. THE BUYER'S RESPONSIBILITY TO USE THE F1SHOWCAR'S ELECTRONIC DEVICES,
SIMULATOR, AND SOFTWARE, PIT STOP CHALLENGE EQUIPMENTS ACCORDING TO IT'S THIRD PARTY MANUFACTURERS'
INSTRUCTIONS AND LICENSING RIGHTS.
8. Buyer finds that the Company is qualified
to perform the work, all relevant factors considered, and that such performance
will be in furtherance of Buyer's business.
9. The Company warrants that it services shall be performed by personnel possessing
competency consistent with applicable industry standards. No other
representation, express or implied, and no warranty or guarantee are included or
intended in this Contract, or in any report, opinion, deliverable, work product,
document or otherwise. Furthermore, no guarantee is made as to the efficacy or
value of any services performed. THIS SECTION SETS FORTH THE ONLY WARRANTIES
PROVIDED BY THE COMPANY CONCERNING THE SERVICES AND RELATED WORK PRODUCT. THIS
WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR OTHERWISE.
10. Delivery
The F1Showcar™ will be ready for shipping to the Buyer’s address as described on
the order page after the "first wire transfer installment" is received by
Company according to the current contract’s 12th paragraph. Seller may not hold responsible for any delivery delay for any reason. The transportation
entirely will be arranged and paid by Buyer. Collection location: Budapest,
Hungary. The Company assumes no responsibility for damages incurred after
F1Showcar™ leaves Company’s premises.
11. Buyer's Inspection
Every effort has been made to accurately and fairly describe this F1Showcar™ to
Buyer. Seller welcomes a buyer's inspection prior to F1Showcar's shipping in
person or by photo documentations about Buyer's F1Showcar. The
Buyer inspection's time frame have to be one week period prior shipping, exact date and place have to be fixed prior 10 days Buyer's
visit.
12. Payment of Balance Due
Buyer shall pay to the Company for the F1Showcar™ its price by wire transfer,
within 8 days of Online order's date as follows. Buyer transfers 50% of
the F1Showcar's price in the "first installment" and 50% in the "second
installment" before shipping. Final invoice payable by Buyer within 8 days after
issue date. All financial transactions must be completed before F1Showcar™
leaves Company's premise. The Online reservation deposit will be deducted from
the "first installment". The money (reservation deposit and other installments)
covered by this agreement are not refundable! THE SOLE AND ENTIRE MAXIMUM
LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR
ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR
THE PARTICULAR ITEMS PURCHASED.
13. Non-Paying Buyer
If the installments are not received in time or the balance is not paid in full
within 30 business days of the Company's written notification to Buyer
about Payment of Balance Due, the Company reserves the right to sell the
F1Showcar™ to another qualified buyer. No refunds!
14. Additional Fees and Taxes
Buyer is responsible for his own applicable import process and taxes, fees and
its transfer to his authorities.
15. Design instructions
The Company paints the F1Showcar’s body according to the Buyer’s
written instructions based on the Company’s website “Order” page data. Detailed
paintwork and/or decaling instructions, logos have to be sent to the
Company by E-mail within 8 days after the order is
processed. The company provides painting and/or decaling job for free of charge to the Buyer, as far as
its value not exceeds 1,000.00 US$ (it usually covers all paintwork and
decaling costs). If
the requested design job exceeds the 1,000.00 US$ the Buyer shall compensate the
differences based on the Company’s written offer. Company will apply Buyer's
requested painting and/or decaling job on F1Showcar™ with professionalism, but
no more than one version of painting and/or decaling job will be performed.
If the Buyer rejects the performed painting and/or decaling job, the F1Showcar™ will be
delivered to the Buyer with ground coated bodywork and 500.00 US$ will be
deducted from the F1Showcar’s final invoice.
16. Warning
This F1Showcar™ is protected by copyright law and International treaties.
Unauthorized reproduction of this F1Showcar, or any portion of it, may result in
serve civil and criminal penalties, and will be prosecuted to the maximum extent
possible under law.
17. Use of references
The Buyer authorizes the Company to use the Buyer's name and a photos of the
F1Showcar™ as reference in the Company’s campaigns.
18. Title
The parties explicitly agree that title to the goods pertaining to this Contract
shall pass when Buyer makes full payment to Company.
19. Modification
This Contract may not be modified or rescinded except by express written
Contract signed by both of the parties. Please print out this Online Contract's
pages for future references!
20. Waiver
Except as may be expressly provided in a writing signed by the parties to this
Contract, the failure or delay of either party to this Contract to insist in any
instance on strict performance of any provision of this Contract shall not be
construed as a waiver of that provision or the relinquishment of any rights
under that provision in the future, but the provision shall continue and remain
in full force and effect.
21. Assignment or Delegation
No assignment by either Buyer or Company of any rights, including rights to
money due or to become due under this Contract, or delegation of any duties
under this Contract or under any orders subject to this Contract, shall be
binding upon the nonassigning party.
22. Competency
Buyer represents and warrants that Buyer is financially solvent, able to pay
their debts as they become due and possesses sufficient working capital to
comply with all requirements of this Online Contract, that they are sufficiently
experienced and competent to perform this Contract in accordance with its terms.
23. Miscellaneous.
This Contract shall be treated as though it were executed and performed in
RepuSwitzerland, Zurich, and shall be governed by and construed in
accordance with the laws of Switzerland (without regard to conflict of
law principles). Any cause of action of Buyer with respect to the Contract must
be instituted within fifteen (15) days after F1Showcar delivery or be forever
waived and barred. All actions shall be subject to the limitations set forth in
Section 6. The language in this Contract shall be interpreted as to its fair
meaning and not strictly for or against any party. Except for certain emergency
judicial relief may be brought in a court of competent jurisdiction in Switzerland; the parties agree that all disputes between them shall first be
submitted for informal resolution to their respective chief operating officers.
Any remaining dispute shall be submitted to a single arbitrator who shall be a
former judge or attorney having experience in similar disputes. The neutral
arbitrator will be selected by Conciliation and Arbitration Center of Switzerland in Switzerland. The award
of the arbitrator shall include a written explanation of the decision, shall be
limited to remedies otherwise available in court and shall be binding upon the
parties and enforceable in any court of competent jurisdiction. The U.N.
Convention on Contracts for the International Sale of Goods and the Unfair
Contracts Act in the United Kingdom shall not apply to this Contract. Should any
part of this Contract be held invalid or unenforceable, that portion shall be
construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties and the remaining portions shall remain in
full force and effect. To the extent that anything in or associated with the
Contract or the Company is in conflict or inconsistent with this Contract, this
Contract shall take precedence. Failure of Company to enforce any provision of
this Contract shall not be deemed a waiver of such provision nor of the right to
enforce such provision.
24. Attorney Fees
If any action at law or in equity is commenced by either party to enforce or
interpret the terms of this Contract, the party finally prevailing in such
proceeding or action (after appeal, if any) shall be entitled to recover from
the unsuccessful party reasonable attorney fees, costs, and necessary
disbursements in addition to any other relief to which the prevailing party may
be entitled.
25. Notices
Notices sent to either party shall be effective when delivered in person or
transmitted by telecopier ("fax") machine, five (5) days after being sent by
overnight courier, or ten (10) days after being sent by first class mail postage
prepaid to the address as a party may give notice. A facsimile of this Contract
and notices generated in good form by a fax machine (as well as a photocopy
thereof) shall be treated as "original" documents admissible into evidence
unless a document's authenticity is genuinely placed in question.

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