Terms of service
TERMS AND CONDITIONS OF SERVICE (“CONDITIONS”)
Effective Date: January 1, 2023
These Conditions apply to all services (“Services”) provided by Next Jump Outfitters SPC (“NJO”), a Washington corporation, and will supersede any other terms and conditions you may provide, whether printed on any invoice, purchase order, quotation, or specification. Where the Services involve installation of goods bought from NJO, these Conditions incorporate NJO’s Terms and Conditions of Sale.
1.1 Orders for Services on NJO’s website or made in writing (“Order”) are placed by an individual or entity listed as the recipient named on the Order (“you”). NJO may accept or decline Orders and make any subsequently requested amendments at its absolute discretion.
1.2 NJO prides itself on good work, but ultimately you are responsible for ensuring that Orders and any applicable specifications (“Specifications”) are complete and accurate.
1.3 This agreement (“Agreement”) comes into effect on the date the Order is accepted and will be made up of the Order and these Conditions. If the Order conflicts with these Conditions, the Order will control.
2. SERVICES
2.1 NJO will provide the Services set out in the Order under the terms set out in this Agreement. These Services may include but are not limited to modifying your vehicle, boat, or trailer, based on the Specifications.
2.2 NJO will not be liable for any delay or failure to perform the Services that is caused by:
(b) you failing to promptly communicate or provide information at NJO’s request; or
(c) you failing to provide prompt payment.
2.3 If for any reason you don’t pick up your modified or repaired vehicle, boat, or trailer by the time NJO notifies you the Services are complete:
(a) You will bear the risk of loss to your vehicle, boat, or trailer; and
(b) NJO, at its option, may store your vehicle, boat, or trailer until you collect it, and you will be liable for all reasonable related costs and expenses (including but not limited to storage and insurance).
3.1 Once NJO performs the Services, you are responsible for inspecting your vehicle, boat, or trailer and confirming the Services match what was ordered, including any Specifications.
3.2 NJO will provide a limited warranty covering modifications or repairs under this Agreement. The warranty will last for a period of three months from the date of the Services (“Warranty Period”).
3.3 Subject to Section 3.4, if:
(a) You give notice in writing to NJO during the Warranty Period that some or all of the Services did not comply with the warranties set out in Section 3.2;
(b) NJO is given a reasonable opportunity to examine the vehicle, boat, or trailer; and
(c) You (if asked to do so by NJO) return the vehicle, boat, or trailer to NJO's place of business at your cost;
NJO will, at its sole cost and expense, correct any defects in workmanship related to the Services. This warranty covers labor only and does not extend to any parts used, unless covered by the Terms and Conditions of Sale.
3.4 NJO will not be liable for Services' failure to comply with the warranties set out in Section 3.2 if:
(a) You make any further use of the vehicle, boat, or trailer after giving notice of defects through Section 3.3;
(b) the defect arises because you failed to follow NJO's oral or written instructions as to the use and maintenance of the vehicle, boat, or trailer;
(c) the defect arises as a result of NJO following any instructions, drawing, design, or Specifications supplied by you;
(d) You alter or repair the vehicle, boat, or trailer without the written consent of NJO; or
(e) the defect arises from fair wear and tear, willful damage (e.g., driving off a cliff), negligence, or abnormal storage or use.
3.5 Other than the warranties listed in Section 3.2, NJO expressly disclaims all implied warranties (including, without limitation, implied warranties of condition, merchantability, and fitness for a particular purpose) to the extent allowed by law. NJO's only liability to you if the Services are defective are the warranties set out in Section 3.2.
4.1 NJO may invoice you for the price of the Services plus any applicable taxes and all other costs set out in this Agreement on or at any time after it confirms the relevant Order to you.
4.2 NJO must receive full payment for Orders before releasing your vehicle, boat, or trailer. NJO reserves the right to cancel any Orders for which payment has not been received with no refund for any deposit already paid. Additionally, if you do not pay for Services performed within 30 days of completion, NJO reserves the right to sell your vehicle, boat, or trailer to recover the costs incurred while performing the Services.
5.1 You represent and warrant that you will comply with all applicable laws, including having a driver’s license and required insurance.
6. LIMITATION OF LIABILITY AND DISCLAIMER
6.1 Nothing in this Agreement will limit or exclude NJO's liability for any losses that cannot be excluded or limited by applicable law. This exclusion notwithstanding:
(a) NJO will not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution, or otherwise, for any indirect or consequential damages related to this Agreement; and
(b) NJO's total liability to you for all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), misrepresentation, restitution, or otherwise, will not exceed the total value of the Order.
(c) NJO will not be liable for equipment you supply that is defective or damaged before the Services, including but not limited to your vehicle, boat, or trailer.
6.2 NJO will have no liability for tires provided by you, and you represent that any tires you provide are not more than four years old or have less than 4/32 of useable tread depth.
6.3 OEM Parts
(a) You acknowledge that any modifications to your vehicle, boat, or trailer using parts not made by the original equipment manufacturer (“OEM”) may lead to the following:
(i) Lease or Finance Violation: Some lease and finance contracts require the purchaser or lessee to use only OEM parts. Non-OEM parts may violate these contracts.
(ii) Decrease in Value: Installing non-OEM parts may lead to depreciation and lost vehicle value.
(iii) Manufacturer Warranty: Some vehicle manufacturers require that all only OEM parts be installed. Using non-OEM parts may void vehicle warranties.
(b) NJO will not install any parts unless you first approve those parts. NJO will have no liability for any of the above from using non-OEM parts. NJO recommends you take the above risks into account when choosing parts and Services.
6.4 While you have the sole right to choose which parts are used for your vehicle, boat, or trailer, NJO has the right to exercise professional judgment and refuse to make modifications using parts that it deems inadequate or unsafe.
7.1 You will indemnify, defend, and hold harmless NJO and its officers, managers, members, employees, agents, affiliates, successors, and permitted assigns (“Indemnified Party”) against any expenses of any kind, including but not limited to losses, damages, claims, settlements, interest, penalties, fines, attorneys’ fees, costs of enforcing indemnification, and costs of pursuing insurance providers from your negligence, willful misconduct, or breach of this Agreement. You will not agree to any settlement without NJO’s and any other applicable Indemnified Party’s prior written consent.
8. GENERAL
8.1 Dispute resolution. Any controversy or claim arising out of or relating to this contract or breach of this contract will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the arbitration. The attorneys’ fees and costs of dispute resolution will be borne by the losing party, unless the parties stipulate otherwise, or in proportions decided by the arbitrator.
8.2 Force majeure. Neither party will be in breach of this Agreement nor liable for delay in performing or failing to perform any of its obligations under this Agreement if the delay or failure results from events, circumstances, or causes beyond a party's reasonable control, including but not limited to acts of God, war (declared or undeclared), insurrections, hostilities, riots, fire, strikes, and interference or hindrance by a governmental authority (“Force Majeure Event”).
8.3 Assignment. A party may only assign this Agreement or a right under this Agreement with the prior written consent of the other party, except that NJO may assign its rights and obligations under this Agreement during a sale of all or a substantial part of its business. Except as noted above, any assignment without consent is void.
8.4 Entire agreement. Except as explicitly stated in these Conditions, this Agreement is the entire agreement between the parties and supersedes and replaces any previous agreements, oral or written, between the parties on those matters.
8.5 Cumulative remedies. Except as noted in Section 4, all rights and remedies in this Agreement are cumulative and not exclusive.
8.6 Modification. No variation of this Agreement will be effective unless it is in writing and signed by the parties (or their authorized representatives).
8.7 Waiver. No waiver of any of the provisions will be effective unless explicitly in writing and signed by the party waiving.
8.8 Severance. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed void, and the remaining provisions of this Agreement will remain in effect.
8.9 Notices. Notice to a party will be validly given if in writing and sent by a method that produces a record of delivery, to the address (including email address) most recently provided by the party. The parties agree to do business electronically.
8.10 Third party rights. No one other than a party to this Agreement will have any right to enforce any of its terms.
8.11 Governing law. This Agreement and all claims that in any way arise out of or related to this Agreement will be governed exclusively by the laws of the state of Washington, without regard to its conflicts of laws provisions.
TERMS AND CONDITIONS OF SALE (“CONDITIONS”)
Effective Date: December 1, 2022
These Conditions apply to all sales of vehicles, trailers, and any other items (“Goods”) by Next Jump Outfitters SPC (“NJO”), a Washington corporation, and will supersede any other terms and conditions you may provide, whether printed on any invoice, purchase order, quotation, or specification.
1. ORDERS
1.1 Orders for Goods on NJO’s website or made in writing (“Order”) are placed by an individual or entity listed as the recipient named on the Order (“you”). NJO may accept or decline Orders and make any subsequently requested amendments at its absolute discretion.
1.2 NJO prides itself on good work, but ultimately you are responsible for ensuring that Orders and any applicable specifications (“Specifications”) are complete and accurate.
1.3 This agreement (“Agreement”) comes into effect on the date the Order is accepted and will be made up of the Order, these Conditions, and any Bill of Sale signed at delivery (“Bill of Sale”). The Bill of Sale, the Order, and the Conditions will apply, in that order, if anything conflicts between them.
2.1 NJO will provide the Goods set out in the Order under the terms set out in this Agreement.
3.1 NJO will strive to deliver Goods to the location listed on the Order on the relevant delivery date. However, sometimes delays occur, and NJO may need to adjust the delivery date. NJO will update you if that happens.
3.2 NJO may deliver the Goods in separate shipments.
3.3 If the Goods are being delivered somewhere other than your home address, you agree to take delivery of the Goods within five business days of NJO’s written notice that the Goods are available.
3.4 Transportation of the Goods from the place of delivery will be entirely at your own risk and expense.
3.5 If you disassemble the Goods to make them easier to transport, NJO will not be responsible for reassembly.
3.6 NJO will not be liable for any delay in delivery or failure to deliver of any Goods that is caused by:
(b) You failing to provide NJO with adequate delivery instructions or not being available to accept delivery. any other instructions that are relevant to the supply of the Goods.
3.7 If for any reason you don’t accept delivery of the Goods by the date in NJO’s notice that the Goods are available, including those in Section 3.5(b):
(a) You will bear the risk of loss to the Goods
(b) The Goods will be considered delivered
(c) NJO, at its option, may store the Goods until you collect them, and you will be liable for all reasonable related costs and expenses (including but not limited to storage and insurance).
4.1 You are responsible for inspecting the Goods and confirming they match what was ordered, including any Specifications.
4.2 NJO warrants that, for a period of 3 months from the date of delivery (“Warranty Period”), the Goods will:
(a) conform in all material respects with the Specifications (if they exist) and
(b) be free from material defects in design, material, and workmanship.
4.3 Subject to Section 4.4, if:
(a) You give notice in writing to NJO during the Warranty Period that some or all of the Goods do not comply with the warranties set out in Section 4.2;
(b) NJO is given a reasonable opportunity to examine the Goods; and
(c) You (if asked to do so by NJO) returns the Goods to NJO's place of business at your cost,
NJO will, at its option, repair or replace any Goods that are found to be defective or refund the price of the defective Goods in full.
4.4 NJO will not be liable for Goods' failure to comply with the warranties set out in Section 4.2 if:
(a) You make any further use of the Goods after giving notice of defects through Section 4.3;
(b) the defect arises because you failed to follow NJO's oral or written instructions as to the use and maintenance of the Goods;
(c) the defect arises as a result of NJO following any instructions, drawing, design, or Specifications supplied by you;
(d) You alter or repair the Goods without the written consent of NJO;
(e) the defect arises from fair wear and tear, willful damage (e.g., driving off a cliff), negligence, or abnormal storage or use.
4.5 Other than the warranties listed in Section 4.2, NJO expressly disclaims all implied warranties (including, without limitation, implied warranties of condition, merchantability, and fitness for a particular purpose) to the extent allowed by law. NJO's only liability to you if the Goods fail to comply are the warranties set out in Section 4.2.
4.6 The terms of the Agreement will apply to any repaired or replacement Goods supplied by NJO.
5. TITLE AND RISK
5.1 All shipments will be Ex Works origin, as defined in Incoterms 2020.
5.2 Title to Goods will only pass to you once NJO receives payment in full (in cleared funds) for them.
5.3 NJO may recover Goods in which title has not passed to you. You irrevocably license NJO, its officers, employees, and agents, to enter any your premises (including with vehicles), to recover any Goods in which title has not passed to you.
6.1 The price of the Goods on the Order may not include the costs of packaging, insurance, and transport of the Goods or applicable taxes.
6.2 NJO may invoice you for the price of Goods plus any applicable taxes and all other costs set out in this Agreement on or at any time after it confirms the relevant Order to you.
6.3 NJO must receive full payment for Orders before shipping or delivering the Goods. NJO reserves the right to cancel any Orders for which payment has not been received with no refund for any deposit already paid.
7.1 You represent that they will comply with all applicable laws, including having a driver’s license to drive any vehicle sold by NJO.
8. LIMITATION OF LIABILITY
8.1 Nothing in this Agreement will limit or exclude NJO's liability for any losses that cannot be excluded or limited by applicable law. This exclusion notwithstanding:
(a) NJO will not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution, or otherwise, for any indirect or consequential damages related to this Agreement; and
(b) NJO's total liability to you for all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), misrepresentation, restitution, or otherwise, will not exceed the total value of the Order.
9.1 You will indemnify, defend, and hold harmless NJO and its officers, managers, members, employees, agents, affiliates, successors, and permitted assigns (“Indemnified Party”) against any expenses of any kind, including but not limited to losses, damages, claims, settlements, interest, penalties, fines, attorneys’ fees, costs of enforcing indemnification, costs of pursuing insurance providers from your use of the goods, negligence, willful misconduct, or breach of this Agreement. You will not agree to any settlement without NJO’s and any other applicable Indemnified Party’s prior written consent.
10. GENERAL
10.1 Dispute resolution. Any controversy or claim arising out of or relating to this contract or breach of this contract will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the arbitration. The attorneys’ fees and costs of dispute resolution will be borne by the losing party, unless the parties stipulate otherwise, or in proportions decided by the arbitrator.
10.2 Force majeure. Neither party will be in breach of this Agreement nor liable for delay in performing or failing to perform any of its obligations under this Agreement if the delay or failure results from events, circumstances, or causes beyond a party's reasonable control, including but not limited to acts of God, war (declared or undeclared), insurrections, hostilities, riots, fire, strikes, and interference or hindrance by a governmental authority (“Force Majeure Event”).
10.3 Assignment. A party may only assign this Agreement or a right under this Agreement with the prior written consent of the other party, except that NJO may assign its rights and obligations under this Agreement during a sale of all or a substantial part of its business. Except as noted above, any assignment without consent is void.
10.4 Entire agreement. Except as explicitly stated in these Conditions, this Agreement is the entire agreement between the parties and supersedes and replaces any previous agreements, oral or written, between the parties on those matters.
10.5 Cumulative remedies. Except as noted in Section 4, all rights and remedies in this Agreement are cumulative and not exclusive.
10.6 Modification. No variation of this Agreement will be effective unless it is in writing and signed by the parties (or their authorized representatives).
10.7 Waiver. No waiver of any of the provisions will be effective unless explicitly in writing and signed by the party waiving.
10.8 Severance. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed void, and the remaining provisions of this Agreement will remain in effect.
10.9 Notices. Notice to a party will be validly given if in writing and sent by a method that produces a record of delivery, to the address (including email address) most recently provided by the party. The parties agree to do business electronically.
10.10 Third party rights. No one other than a party to this Agreement will have any right to enforce any of its terms.
10.11 Governing law. This Agreement and all claims that in any way arise out of or related to this Agreement will be governed exclusively by the laws of the state of Washington, without regard to its conflicts of laws provisions.