AGB
motogadget – USA Authorized Dealer Terms & Conditions
1. Dealer Authorization
Dealers must be authorized by motogadget GmbH to sell motogadget products within the United States.
motogadget reserves the right, at its sole discretion, to approve, suspend, or revoke dealer authorization at any time.
Authorization may be revoked in cases including but not limited to:
· violation of these Terms & Conditions
- unauthorized online marketplace sales
- misuse of motogadget trademarks or branding
2. Compliance With Laws
Dealers must comply with all applicable federal, state, and local laws and regulations, including but not limited to:
· consumer protection laws
- advertising regulations
- product safety requirements
- tax regulations
3. Sales Tax and Resale Certificates
motogadget may be required to collect applicable sales taxes depending on the dealer’s location and tax status.
Dealers purchasing products for resale must provide a valid resale or tax exemption certificate as required under applicable U.S. tax laws.
If a valid certificate is not provided, motogadget reserves the right to charge applicable sales taxes.
4. Payment Terms
Unless otherwise agreed in writing, invoices are payable within 30 days (Net 30).
motogadget reserves the right to suspend shipments or dealer authorization in cases of overdue payments.
Late payments may incur interest charges permitted under applicable law.
5. Final Sale Policy
All purchases made by authorized dealers from motogadget or its authorized distributors are business-to-business transactions and are considered final sales.
Dealer purchases are not eligible for return, refund, or exchange except under the circumstances outlined below.
6. Eligible Returns
Returns may only be accepted in the following cases:
- verified manufacturing defects covered under warranty
- shipping errors made by motogadget or an authorized distributor
All returns require prior approval and a valid Return Merchandise Authorization (RMA) number issued by motogadget.
Returns submitted without an RMA number may be refused.
7. Non-Returnable Situations
Returns will not be accepted for:
- unsold inventory
- overstock situations
- seasonal stock adjustments
- discontinued products
- cancelled customer orders
8. Warranty Claims
Dealers are expected to assist customers with warranty claims and coordinate with motogadget when necessary.
Warranty returns must follow motogadget’s official RMA process.
Before returning any product, dealers must contact:
to obtain an RMA number. Returns submitted without an RMA number may be refused.
Warranty handling remains subject to motogadget’s official warranty policy.
9. Minimum Advertised Price (MAP)
motogadget maintains a unilateral Minimum Advertised Price (MAP) policy.
This MAP policy is established independently by motogadget and is non-negotiable.
Dealers remain free to determine their own resale prices; however, dealers are expected to comply with motogadget’s MAP policy with respect to advertised pricing.
10. Online Marketplace Sales
Dealers may not sell motogadget products through third-party online marketplaces, including but not limited to:
- Amazon
- eBay
- Walmart Marketplace
- Facebook Marketplace
- similar online platforms
unless prior written approval has been granted by motogadget.
Unauthorized marketplace sales may result in immediate termination of dealer authorization.
11. Intellectual Property and Brand Use
motogadget trademarks, logos, product images, and marketing materials may only be used for the purpose of promoting and selling authorized motogadget products.
Dealers may not:
· modify branding or marketing materials
- register domain names containing the motogadget brand
- create social media accounts impersonating motogadget
- represent themselves as motogadget or an official branch of the company
12. Product Representation
Dealers must represent motogadget products accurately and may not make unauthorized claims regarding product specifications, features, or performance.
13. Installation and Vehicle Compatibility
motogadget products are intended to be installed by qualified personnel.
Dealers are responsible for ensuring proper installation practices and verifying vehicle compatibility before selling or installing motogadget products.
motogadget shall not be responsible for damages, malfunctions, or failures resulting from:
- improper installation
- electrical modifications
- incompatible vehicles
- product misuse
14. Independent Dealer Status
Authorized dealers operate as independent businesses and are not agents, representatives, partners, or legal affiliates of motogadget.
Dealers are not authorized to make warranties, commitments, or representations on behalf of motogadget.
15. Limitation of Liability
To the maximum extent permitted by applicable law, motogadget shall not be liable for any indirect, incidental, special, or consequential damages arising from the resale, installation, or use of its products.
motogadget’s total liability for any claim related to its products shall not exceed the amount paid by the dealer for the specific product giving rise to the claim.
16. Disclaimer of Warranties
To the maximum extent permitted by law, motogadget disclaims all implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose, except where such disclaimers are prohibited by law.
17. Export and Grey Market Restrictions
Authorized dealers may not resell motogadget products outside the United States without prior written approval from motogadget.
Unauthorized export or grey market distribution may result in termination of dealer authorization.
18. Termination
motogadget reserves the right to terminate dealer authorization at any time, including but not limited to violations of these Terms & Conditions.
19. Policy Updates
motogadget may update or modify these Dealer Terms & Conditions at any time.
Updated terms become effective upon publication or written notice to authorized dealers.
20. Governing Law and Jurisdiction
These Dealer Terms & Conditions and all transactions between motogadget and its authorized dealers shall be governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles.
The exclusive place of jurisdiction shall be Berlin, Germany, to the extent permitted by law.