Return Policy: Once payment is made by the first-party purchaser (“Customer”) and received by the Company (“Supplier”) for custom-manufactured personal electric vehicles (“Products”), all sales are final. Payment by the Customer to the Supplier constitutes full and final satisfaction of the purchase in alignment with Visa §§ 11.3.2, 11.5.1.1.2, 11.5.1.2, Mastercard §§ 13.1, 13.3, and American Express §§ A3.2, A3.5, all of which confirm that valid custom orders are exempt from reversal. Supplier’s products are custom-made to order, and the Customer acknowledges that no cancellation, return, or refund is permitted once payment is received, as such funds are immediately used to pre-pay all costs associated with production, materials procurement, quality assurance, packaging, export licensing, shipping, customs documentation, and final delivery preparation.
                             

                  

Acknowledgment of Acceptance: All representations relating to the goods and services of the Supplier are contained in this Agreement (“Agreement”). Customer acknowledges that they have read and understood all terms and conditions herein and the purchase of the Products from Supplier constitutes the Customer’s acceptance of the terms set forth. All representations relating to the goods and services of the Supplier are contained in this Agreement (“Agreement”). Customer acknowledges that they have read and understood all terms and conditions herein, and that the purchase of the Products from Supplier constitutes the Customer’s acceptance of the terms set forth. For purposes of this Agreement, "Supplier" shall mean Valiant Transport Group Inc., a corporation organized and existing under the laws of the State of Florida, doing business as ("d/b/a") Triad Electric Vehicles and Triad Motion (collectively, "Triad"). All references herein to "Supplier" or "Triad" shall be deemed to refer to Valiant Transport Group Inc. d/b/a Triad Electric Vehicles and/or Triad Motion, as applicable.                  

Vehicle Maintenance Agreement: Customer agrees to read fully the User Manual before operations for safety and assembly procedures. Customer agrees to ensure proper usage and perform regular maintenance of the vehicle(s). Customer agrees to immediately upon receipt of the Product(s) charge the vehicle(s) before their initial use for a full 8 hours, and as required, agrees to maintain a fully charged battery after every use on a regular basis. Customer agrees that if the vehicle or battery is not in use for the period of 30 days or longer, Customer will be responsible to maintain a balanced charge for each battery (including spare batteries) to ensure each battery is being always stored at a recommended range of 60%-80% capacity at room temperature not below 45°F or at, near or below freezing or extreme heat over 89°F, Customer agrees not to allow battery to completely discharge whether in use or not in use. Customer acknowledges that failure to strictly adhere to these battery maintenance and storage requirements voids any and all rights under the 1 Year Parts Replacement Policy and releases Supplier from any and all liability for damages, including property damage, arising from battery malfunction. Customer agrees not to repetitiously recharge the battery after a full charge cycle or use more than one charger to charge the battery during any single charge cycle. If full discharge occurs during normal operations, by discontinued use, or during long-term storage, Customer agrees to immediately discontinue use of the Product and replace the battery before resuming any normal operations of the Product(s) in an effort to prevent any potential electrical malfunction because of Customer negligence and/or improper maintenance.                                 
                                  
Indemnification: Customer agrees to indemnify, defend, and hold harmless Supplier, and its managers, members, shareholders, officers, directors, employees, agents, assigns, affiliates, representatives, parent and subsidiaries, and their respective agents (collectively, “Indemnified Parties”) from and against any and all losses, claims, damages, costs, charges, expenses, liabilities, demands, proceedings, and actions, including without limitation attorneys’ fees and costs (collectively, “Claims”), arising out of or as a result of or in any way related to Customer’s negligence, acts, or omissions, whether arising out of contract, tort, or otherwise, including but not limited to or by reason of claims arising from Customer's negligence, acts, or omissions, even if such claims also allege concurrent or partial negligence on the part of the Indemnified Parties; (i) the sale, including but not (i) the sale, including but not limited to shipping, parts, warranty, production, or service, of the Products; (ii) any modification or alteration of the Products; (iii) any personal injury or property damage action relating to the Products sold; (iv) any damages or losses relating to or unrelated to the maintenance procedures of the Products, whether proper or improper, including battery charging and maintenance; (v) any misrepresentation by Customer to the Company or to clients or consumers regarding the nature of the Products; (vi) any false or misleading information disseminated to the public by Customer regarding the Products; (vii) the negligence of Customer and its affiliates; (viii) any breach of this Agreement by Customer; and (ix) any material breach of this Agreement Customer, on behalf of itself and its insurers, expressly waives any and all rights of subrogation against the Indemnified Parties for any Claims covered by Customer’s insurance or otherwise reimbursed to Customer, arising out of or relating to the Products, and agrees to obtain from its insurers a waiver of subrogation endorsement consistent with this provision.                

Insurance (Commercial Customers Only): Commercial customers shall, at their own expense, maintain and carry insurance in full force and effect with financially sound and reputable insurers, including (i) commercial general liability insurance (including products liability and contractual liability coverage) with limits of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; and (ii) property insurance covering all risks of physical loss or damage, including fire and battery-related incidents, in an amount sufficient to cover the full replacement value of any property that could be affected by the Products. Commercial Customers shall obtain from their insurers a waiver of subrogation in favor of Supplier and its managers, members, officers, directors, employees, agents, affiliates, and representatives, and shall provide Supplier with certificates of insurance and applicable endorsements evidencing such coverage upon request. Failure to maintain such insurance and provide evidence thereof upon request shall constitute a material breach of this Agreement and shall not limit Customer’s indemnification obligations hereunder.                                 

Third Party Beneficiary: Supplier expressly disclaims any liability, replacements or warranties made for the benefit of any third party, including, but not limited to, any subrogor of Customer, any related policy holders to Customer, or any third party to whom the Customer may sell or transfer the goods which are subject to this Agreement (“Agreement”).                        


Limitation of Liability: Supplier (Seller) shall not be responsible or held liable to Customer for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to loss of revenue or anticipated profits, loss of investment, loss of product, business interruption, lost business opportunities, personal injuries, or any payments related to personal injury or property damage, even if Supplier has been advised of the possibility of such damages. Upon purchase, Customer agrees to indemnify, defend, and hold harmless Supplier, its parent companies, subsidiaries, affiliates, heirs, executors, administrators, employees, officers, directors, successors, volunteers, and assigns (including personally) from and against any and all losses, liabilities, damages, injuries, claims, demands, causes of action, costs, and expenses (including court costs and reasonable attorney fees) arising from or related to Customer’s use, operation, or ownership of the Products, whether caused by negligence, strict liability, or otherwise. These terms shall apply regardless of the form of action, whether in contract, tort (including negligence and strict liability), or otherwise, and shall extend to Supplier’s employees, agents, and representatives as third-party beneficiaries. Customer agrees that Supplier’s entire cumulative liability to Customer and any other parties for any cause of action arising under or related to this Agreement, regardless of the form or theory of liability, shall be limited to five hundred US dollars (USD $500). This limitation of liability shall apply to the fullest extent permitted by applicable law, including in cases of sole, joint, concurrent negligence, strict liability, or other fault of the Supplier or its representatives.                                   

1 Year Parts Replacement Policy: 1 Year Parts Replacement Policy: All products are custom manufactured for the Customer and delivered in new, AS-IS condition. The One Year Parts Replacement Policy ("Policy") applies solely to the original purchaser for one year from receipt of the product and is not transferable to any third party. This Policy covers only original equipment manufacturer (OEM) parts defects (excluding wear items such as brake pads and tires), and solely provides for the supply of necessary replacement parts at no cost to the Customer. The Customer shall be responsible for all costs related to diagnostic inspections, labor, and shipping of replacement parts. The Policy expressly excludes and does not cover any damage, defect, or failure arising out of, related to, or caused by normal wear and tear or routine maintenance ; accident, misuse, abuse, or negligence ; the attachment or use of any unauthorized accessory ; any alteration, modification, or unauthorized repair of the product ; improper assembly or installation ; improper electrical or power supply usage ; loss of power, dropping, or impact damage ; malfunction or damage resulting from failure to follow Supplier's recommended maintenance and storage protocols, including battery maintenance ; transportation damage, theft, vandalism, or environmental conditions (e.g., heat, cold, moisture) ; any loss of use during periods in repair facilities or while awaiting parts ; and any other condition beyond the control of the Supplier. Only in the event a product is damaged beyond repair during shipping directly to Customer and solely as a result of transit, Supplier may, at its sole and absolute discretion, offer a replacement vehicle on the next available FOB/EXW ocean freight shipment schedule. Such replacement may exclude the battery, bolt-on accessories, baskets, and/or seat assemblies. The Customer expressly authorizes Supplier to pursue recovery from the third-party shipper for any such damage-related costs. Parts replacements are valid only for the original purchaser and only if the product is operated in the country of original purchase. Products modified to operate in any other jurisdiction or repairs necessitated by such modifications are excluded from coverage. The Supplier disclaims all warranties and liability to any third parties, including any third party to whom the Customer sells or transfers the product. Certain replacement parts, including but not limited to batteries and motors, may require return to Supplier or overseas shipping before being provided to Customer. If the Customer makes any misrepresentation in connection with a claim under this Policy, such misrepresentation shall immediately void this Policy and terminate any and all rights or remedies otherwise available to Customer. This Policy and all technical support shall be immediately void if the Customer materially breaches this Agreement, becomes delinquent on any account, or abandons any products , THIS POLICY IS THE SOLE AND EXCLUSIVE REMEDY FOR PARTS REPLACEMENTS. SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER OBLIGATION ON THE PART OF THE SUPPLIER WITH RESPECT TO PRODUCTS COVERED BY THIS POLICY.                                   

Assignability: The Customer may not assign its rights or obligations under this Agreement without Supplier’s consent. This Agreement shall be binding upon the parties hereto, their heirs, assigns, or successors in interest by merger, operation of law, or by purchase of the entire or substantially all the business or product sold to Customer by Supplier.                         

Amendments: The provisions of this Agreement may not be amended, supplemented, waived, or changed orally, but only by a writing signed by the Party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement.

Conflicts: The terms of this Agreement shall control if in conflict with the terms of the Customer’s purchase order. Terms and Conditions may be changed, modified, or updated by Supplier at any time.

Survival: The sections contained in this Agreement and all other sections providing for limitation of or protection against liability of Supplier in this Agreement shall apply notwithstanding any other provision of this Agreement and shall survive termination, cancellation, or expiration of this Agreement.                  

Notices: Any notice required or permitted to be given under this Agreement shall be deemed properly made if in writing and if delivered by hand, or if addressed and mailed by certified mail, return receipt requested, to its principal office in the case of Supplier, or to the Customer’s (or Retailer’s) principal office as reflected in the paid invoice, or at such other address as either Party may hereafter designate by written notice to the other Party.

Entire Agreement: This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between such Parties. Supplier (“Seller”) in our sole discretion reserves the right and may refuse service to any customer at any time who fails to comply with the guidelines, policies and procedures set forth to remedy any claim, cause or action, related to or unrelated to any implied, express, or merchantability warranty. We may, at any time, and at our sole discretion, modify the Terms and Conditions of this Customer Agreement without notice. Any such modification will be effective immediately upon public posting. Your continued use of our Products, Service and this Site following any such modification constitutes your acceptance of these modified Terms.                    

Severability: If all or any part of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder shall remain valid and enforceable according to its terms. The parties further agree to replace any such void or unenforceable provision of this Agreement with a valid and enforceable provision, which will achieve, to the extent possible, the economic, business, and other purposes of the void or unenforceable provision.

Intellectual Property: Supplier and Customer agree that Supplier is the sole owner of all worldwide rights in and to the intellectual property that exist or that may be obtained under the laws of any nation related to the Products and any products sold in the future by Supplier including, but not limited to: (a) all patents, processes and all filed, pending or potential applications for patents, including any reissue, re-examination, division, continuation or continuation-in-part applications now or hereafter filed; (b) all trade secret rights and equivalent rights; (c) copyrights, mask works and other literary property and authors rights, whether or not protected by copyright or as a mask work; existing technology within the product including specifications and product features, and (e) trademarks, trade names, symbols, logos, brand names, trade dress and other proprietary indicia including, without limitation, the trademarks of Triad, Triad Electric Vehicles and Triad Motion (collectively, “Intellectual Property”). Nothing contained in this Agreement shall be deemed to grant to Customer either directly or by implication, estoppel, or otherwise, any license to, or other right, title or property interest in or to, any Intellectual Property. During the term of this Agreement and at all times thereafter, the Customer shall not in any manner, either directly or indirectly, divulge, disclose or communicate to any person or firm any information of any kind concerning any matters affecting or relating to the product or the business of Supplier, its subsidiaries and/or affiliates, which it may acquire in the course of or as an incident to its engagement by Supplier, including, without limitation, the terms of this Agreement, the terms of any agreement with a Customer, the terms of any other agreement between Supplier and its employees or customers, or any Confidential Information (defined herein). “Confidential Information” is information that is proprietary or non-public including, but not limited to, Supplier’s Intellectual Property, Supplier’s manufacturers of the Products and any components thereof manufacturing, procedures, specifications, financial information, trade secrets, customer strategies and identities, distribution strategies, rental and marketing techniques and strategies, analyses, profit margins and programs, customer lists, compilations or profiles or the name of any customer, without regard to whether such information would be deemed confidential or material, the Parties agreeing that such information affects the successful and effective conduct of Supplier’s business and its goodwill, and that any breach of the terms of this Section shall be a material breach of this Agreement. All of the records, files and materials created or used by Customer in performing its services shall be Supplier’s sole and exclusive property and any such items in Customer's possession shall be returned immediately to Supplier upon its request, and in any event upon termination of the engagement hereunder.

Venue and Choice of Law: The Agreement shall be deemed entered into the State of Florida and shall be construed and enforced in accordance with Florida law. The parties agree that the Florida courts shall have jurisdiction and shall be the proper place of venue with respect to any litigation relating to, or arising out of, this Agreement. The Customer waives the right to trial by jury in any action related to or arising from this Agreement. Customer acknowledges that a substantial portion of negotiations and execution of this Agreement occurred in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other courts, federal, state or otherwise, Customer irrevocably and unconditionally agree as follows: (a) that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of record of the State of Florida in Palm Beach County or the court of the United States, Southern District of Florida; (b) Customer will need to be made present within the jurisdiction of each such court in any such suit, action or proceeding; (c) Customer waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any such courts including, without limitation, any defense of forum non-conveniens; and (d) service of any court paper may be effected on Customer by mail, as provided in this Agreement, or in such other manner as may be provided under Florida law or the applicable laws or court rules in said state, region or country where the Party is residing or is located. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles or conflicts of laws.

Attorneys’ Fees and Costs: Customer agrees to pay Supplier all costs of the collection and enforcement of this Agreement, including attorneys’ fees and costs, whether incurred in or out of court for any Claim or cause whatsoever. In any event should any claim or proceeding arise directly or indirectly related to the Customer, their family members, heirs or associates, Customer hereby agrees to pay for any and costs including all attorney and legal fees incurred by Supplier and its parent companies, subsidiaries, heirs, executors, administrators, employees, and successors in their entirety.                              

Binding Effect: All of the terms and provisions of this Agreement whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective legal representatives, successors and permitted assigns including financial institutions. Cardholder and Purchaser hereby states that by purchasing the merchandise from the Supplier that Cardholder understand all sales are final, payments by Cardholder to Supplier are used in full to pre-pay all costs associated with new manufacturing and final delivery of the Product(s) and Cardholder voluntarily waives their consumer protection rights stipulated in the Truth In Lending Act (TILA) and its amendments, such as the Credit Card Accountability Responsibility And Disclosure Act of 2009 (Credit CARD Act of 2009) and their related articles and statutes; and/or all directives and regulations contained and related to Articles 114 and 169 of the Treaty on the Functioning of the European Union (TFEU); any claim raised under Section 75 of the UK Consumer Credit Act; and/or any claim raised under the Australia Consumer Law (ACL). In any case a dispute is filed, Cardholder authorizes bank, credit card company or financial institution to release the disputed funds to the merchant immediately and close the dispute. Cardholder gives permission to save profile and all associated cards for payment methods at all locations. If at any time Customer account balance becomes negative, Customer authorizes Supplier to automatically charge saved payment method to seek reimbursement so that the account balance is no longer negative (to cover previous manufacturing and shipping transactions, short-paid transactions, replacement parts or restocking fees). Cardholder agrees that they are authorized user on all payment methods used to pay Supplier. If any legal dispute or disagreement arises, Customer agrees that payment of funds for balance owed to Supplier is due immediately upon demand.                               

Incoterms: Shipping terms shall be FOB Origin. Customer shall bear all costs and risks of loss or damage to the Products from the time of shipment, including but not limited to freight charges, customs duties, taxes, tariffs, and import fees. Customer is responsible for any delays caused by customs clearance or other governmental procedures. Final delivery by common carrier after unconditional release from customs may not require a signature.

Excused Delays: Notwithstanding any other provision herein, if Supplier is delayed in performing any of its obligations hereunder or meeting any specified completion dates, by labor disputes, fire, delays in deliveries, adverse weather conditions, unanticipated damage to or destruction of the goods, governmental controls or moratoria, import or export customs holds, scheduled trade lane closures during international holidays when shipping is closed, unscheduled trade lane closures due to unanticipated military actions, pandemics, acts of God or any other causes beyond Supplier’s reasonable control, then the time-period specified herein for performance of such obligation and/or meeting such completion shall be extended a sufficient number of working days based on continuing and/or contingency delivery options to enable and/or allow Supplier to perform and/or complete the obligation delivery of goods to Customer.                   
Confidentiality: Unless otherwise noted, all customer information given to Supplier, and any information received by customer from Supplier (“the Seller”) is deemed to be confidential including but not limited to; pricing, product specifications, facility information, and general know how.        

Disclaimer: Supplier transfers ownership of Product to Customer at the time the 3rd party shipper collects item for final destination delivery. Customer assumes all risk of shipping delays due to unforeseen circumstances, and any damages that may occur during shipping process. Customer agrees to pay for all costs of labor, maintenance and repair service. Supplier not responsible for payment to any 3rd party including technician for assembly or delivery fees after assembly by 3rd party. Customer is responsible for any duties or taxes if required by government import authorities. Orders shipped to 3rd party destinations not collected by Customer considered a material breach of this agreement as abandoned if not collected by Customer within 30 days from date of delivery. Supplier does not provide service or labor. Customer hereby assumes the risk of use, sale, re-sale and distribution of the Products. IN NO EVENT WILL SUPPLIER (SELLER) BE LIABLE, OR IN ANY WAY BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND. IN ADDITION TO THE FOREGOING, Customer agrees that Supplier’s entire liability to Customer AND ANY other PARTIES for any cause of action under this Agreement, regardless of the form shall, in the aggregate, be limited to five hundred US dollars. Customer and related policyholders are solely responsible for fulfillment of all obligations related to any subrogation claims. Company reserves the right to change or modify these terms at any time without notice for any reason.

Mutual Non-Disparagement: Supplier exclusively retains all rights, title, and interest in its trademarks, intellectual property, and copyrighted materials. No rights or licenses are granted to Customer, Reseller, or Retailer absent a separate signed license agreement, which Supplier may revoke at any time. User’s Manuals are confidential Supplier property, intended solely for Customer’s internal use and expressly prohibited from copying, public posting, electronic distribution, or marketing use. Unauthorized use will prompt legal action, including claims for federal copyright and trademark infringement.                                  

Copyright and Trademarks: Supplier retains all rights, title, and interest in its trademarks, intellectual property, and copyrighted materials. No rights or licenses are granted to Customer, Reseller, or Retailer unless a separate signed license agreement exists, which Supplier may terminate at any time. User’s Manuals are Supplier’s confidential intellectual property, not for public use, copying, posting, or electronic distribution. They are solely for Customer use and not for marketing or promotion. Unauthorized use may result in legal action, including federal penalties for copyright and trademark infringement.                            

Contact for Warranty Claims and Technical Support: Customer must submit questions or requests for technical support, warranty or claims notices by form email to: https://triadmotion.com/parts-support