Hayes Bicycle Group, Inc. (HAYES) agrees to sell bicycle components, clothing or accessories collectively, the
“products”) conditioned upon BUYER’S acceptance of these terms and conditions. These terms and conditions govern
all sales including those orders placed electronically. If this document is construed as an acceptance or as a
confirmation of an existing contract, such acceptance or confirmation is expressly conditioned on the BUYER’S assent
to any additional or different terms contained in these terms and conditions of sale.
Pricing Terms:
All pricing is effective on all orders placed on or after ____________
All pricing on new items is effective immediately.
All prices and conditions are subject to change without notice.
All products are sold in either US Dollars or in Euros depending on the origin of the shipment:
- Shipments originating from the USA (Milwaukee, Wisconsin), Taiwan or China are invoiced in US Dollars
- Shipments originating from Hayes Europe (Munich, Germany) are invoiced in Euros
Prices do not include any sales, use or excise taxes, customs duties or similar charges or fees.
Delivery Terms:
All products are delivered either EXW (Incoterms 2010), Hayes facility Milwaukee, Wisconsin U.S.A. or Hayes facility Munich, Germany unless specifically noted otherwise.
All delivery dates are approximate and HAYES is not liable to BUYER for any delays in delivery.
Exceptions
SUNringlé rims and wheels manufactured in China are delivered EXW (Incoterms 2010), Zhejiang, China
Products made in Taiwan for subsequent export are delivered EXW (Incoterms 2010), Taiwan, R.O.C.
Taiwan made product with on island shipment terms are delivered FOR (free on rail).
Purchase Order Acceptance:
All customer purchase orders are subject to acceptance by HAYES via receipt of an Order Acknowledgement from HAYES. P.O.s not confirmed by Hayes via an Order Acknowledgement shall not be considered valid. HAYES reserves the right to delay acceptance until freight forwarder information is supplied.
Order Cancellations and Adjustments:
Any request for order cancellation must be received in writing by HAYES at least 30 days prior to the confirmed ship
date. Verbal order cancellations are not considered valid.
Order adjustments may be made without penalty up to 30 days prior to the confirmed ship date. Reduction of the order must be approved in writing by the appropriate Regional Sales Contact before packing of the products for shipment.
A 20% restocking fee applies to all orders adjusted downwards or canceled less than 30 days prior to confirmed ship
date.
All orders that involve custom products made exclusively for BUYER or to BUYER’S specifications cannot be canceled for
any reason after the order has been confirmed by Hayes via issuance of a Hayes Order Acknowledgement
Payment Terms:
The standard payment terms are wire transfer in advance of shipment, credit card, or preapproved payment terms from date of invoice on approved credit. HAYES may hold customer orders with a past due account balance and future orders may be subject to prepayment terms. Under such circumstances, HAYES reserves the right to release product to other customers. Additionally, a 1.5%
monthly fee will be applied to all past due account balances unless prohibited by applicable law.
Dock Fees:
All orders that cannot be shipped due to lack of payment or shipping instructions from BUYER shall be assessed a 1.5%
monthly dock fee.
Limited Warranty:
HAYES warrants its products to be free from defects in materials or workmanship under normal intended use for a
period of one year (two years in European Union countries) from the date of purchase, subject to normal wear and tear.
Unless otherwise prohibited by law, any such defective products will be repaired or replaced at the option of HAYES when received with proof of purchase, freight prepaid. This warranty does not cover breakage, bending, or damage that
may result from crashes or falls. This warranty does not cover any defects or damage caused by alterations or modifications of HAYES products or by normal wear, accidents, improper maintenance, damages caused by the use of
HAYES products with parts of different manufacturers, improper use or abuse of the product, application or uses other
than those set forth in the HAYES instruction manual or failure to follow the instructions contained in the applicable
HAYES instruction manual. Instruction manuals can be found on-line at www.hayescomponents.com. Any modifications
made by the BUYER or any subsequent user will render the warranty null and void. This warranty does not apply when
the serial number or production code has been deliberately altered, defaced or removed from the product. The cost of
Hayes Performance Systems USA – 5800 W Donges Bay Road | Mequon, WI 53092
Hayes Performance Systems EU – Dirnismaning 20a | 85748 Garching bei München Germany
Hayes Performance Systems Asia – 16F, No. 37, Sec. 3 Mincyuan E. Rd. | Zhongshan District Taipei City, 10476 Taiwan ROC normal maintenance or replacement of service items, which are not defective, shall be the BUYER’s responsibility. If permitted by local law, this warranty is expressly in lieu of all other warranties (except as to title), express or implied, and in particular and without limitation HAYES disclaims the implied warranties of merchantability or fitness for purpose If for any reason warranty work is necessary, return the component to the place of purchase or contact your dealer or local HAYES distributor. In the USA, contact HAYES for a return authorization number (RA#) at (888) 686-3472.
At that time, instructions for repair, return, or replacement shall be given. Customers in countries other than the USA
should contact their dealer or local HAYES distributor.
Limitation of Liability.
Unless required by mandatory law, HAYES shall not be liable for any incidental, indirect, special or consequential damages.
Rejection of Products.
All claims giving rise to the rejection of products must be made by BUYER in writing within a period of 15 business days after the products are received by BUYER, unless prohibited by applicable law. Failure to make such claim within the above stated period will constitute acceptance of the products.
Relief.
If HAYES is hindered or suffers delay in performance due to any cause beyond its reasonable control, including, but not
limited to, acts of God, war or hostilities, act or failure to act of government , act omission of BUYER, fire, flood,earthquake, landslide, strike or labor trouble, sabotage, or delay in obtaining from others suitable services, utilities,materials components, equipment or transportation, the time of performance shall be extended a period of time equalto the period of the resulting inability to perform and it consequences. HAYES will give to BUYER notice in writing within a reasonable time after HAYES becomes aware of any such delays. If the delay arising under this section is more than180 days, HAYES has the right to terminate the Agreement and the parties’ respective obligations shall be equitably adjusted. HAYES shall be reimbursed for any additional costs it incurs as a direct result of delays caused by the BUYER’s act or failure to act.