Terms of Trade – Sim With Motion, LLC
1. Application
1.1 Application. These Terms of Trade (“Terms”) apply to all trades made with Sim With Motion, LLC (“the Company”).
2. Contractual Basis
2.1 Contractual Basis. These Terms, together with offers and order confirmations, form the contractual basis for the Company’s sale and delivery of products, spare parts, and related services to the customer (“Contractual Basis”). Customer purchasing terms are not valid unless accepted in writing.
2.2 Changes and Additions. Changes and additions are only valid if agreed to in writing.
3. Products, Spare Parts, and Services
3.1 Products and Spare Parts. Products and spare parts sold by the Company are new and comply with applicable laws and regulations.
3.2 Services. Services, including post-warranty support, are provided in accordance with applicable laws.
3.3 Limitation of Use. Products are intended for private entertainment unless otherwise expressly agreed in writing. The Company is not responsible for damage, injury, or loss resulting from unintended or improper use.
3.4 Software and Licensing.
A standard license for software provided by Sim Racing Studio (“SRS”) may be included with certain platform purchases solely for the purpose of operating the product. Such software is licensed, not sold, and is subject to the terms and conditions of the respective software provider.
Any premium features, subscriptions, or additional licenses offered by SRS or other third-party providers are not included unless explicitly stated and must be purchased separately by the customer.
3.5 Software Scope and Changes.
Software features are provided as of the date of purchase. The Company does not guarantee the availability of future features, updates, or compatibility. Additional functionality may require separate purchase or subscription.
3.6 Third-Party Software and Integration Disclaimer.
The Company is not responsible for:
- Changes in third-party software functionality
- Game or simulation telemetry issues
- Compatibility changes between software, hardware, or external platforms
All third-party software is provided “as is” by its respective owner.
3.7 Included Products.
Seats, mounts, accessories, and other peripherals may be shown in product images for illustrative purposes only and are not included with the purchase of any motion simulator.
Unless explicitly listed, the motion simulator purchase includes only the core system components, which may consist of the frame, motors, gear assemblies, wiring, electronic control units, and associated software.
All additional items, including but not limited to seats, steering wheels, pedals, monitors, mounts, and accessories, must be purchased separately.
3.8 Data and Communication.
The Company may use customer contact information for operational and informational purposes, including recalls, product updates, safety notices, and promotions.
4. Pricing, Payment, Taxes, and Tariffs
4.1 Pricing. Prices are defined at the time of order confirmation unless otherwise stated in writing. All prices are listed in USD and exclude sales tax, VAT, tariffs, duties, and other applicable charges.
4.2 Taxes, Duties, and Tariffs.
Customers are solely responsible for all applicable:
- Sales taxes (including U.S. state and local taxes)
- Import duties and customs fees
- Tariffs or trade-related surcharges
- Brokerage and handling fees
These charges are not included unless explicitly stated.
4.3 Payment Terms.
- Custom products require full upfront payment before production begins
- Payment must be received within 5 business days or the order may be delayed or canceled
4.4 Discounts and Promotions.
- Valid only during active promotional periods
- Cannot be applied retroactively
- Only one discount or promo code per order
4.5 Currency.
All transactions are processed in USD. Currency conversion differences are not the responsibility of the Company.
4A. Colorado-Specific Compliance (U.S.)
4A.1 Colorado Orders.
The Company reserves the right to restrict, refuse, or require manual processing of orders shipped to or billed within the State of Colorado due to compliance, tax, or operational considerations.
4A.2 Manual Processing Requirement.
Colorado customers may be required to contact the Company directly and complete purchases outside standard checkout.
4A.3 Tax Compliance.
Where required, the Company will collect Colorado sales tax. Customers remain responsible for any additional obligations.
4A.4 Refusal of Service.
The Company may cancel or refuse any Colorado order at its discretion, with a full refund if payment has been processed.
5. Cancellations and Refunds
5.1 Refund Policy.
Refunds are only granted if a product is defective and cannot be repaired after reasonable troubleshooting.
- No refunds for change of mind or dissatisfaction
- Customers are responsible for return shipping
5.2 Refund Processing.
Approved refunds are issued within 20 days after inspection.
6. Delayed Payments
6.1 Interest. Late payments incur 1% monthly interest.
6.2 Repeal. The Company may cancel orders, retain deposits, or withhold shipments for unpaid balances.
7. Offers, Orders, and Confirmations
7.1 Offers. Valid for 10 days unless stated otherwise.
7.2 Orders. Must include product details, quantity, and pricing.
7.3 Confirmation. Issued within 1–2 business days.
7.4 Changes and Cancellations.
- Non-custom products may be canceled within 14 days of order confirmation only if the product has not yet been packaged and shipped
- Once a product has been packaged and shipped, cancellations are not permitted
- Custom products are non-cancellable after order confirmation
7.5 Conflicts. Must be reported within 2 business days.
8. Pre-Orders
8.1 Preorders. Require deposit or full payment.
8.2 Balance Payment. Required before production begins.
8.3 Delivery Timing. May vary during preorder phase.
8.4 Cancellation. Deposits are non-refundable once production begins.
9. Delivery
9.1 Terms. Delivered under DAP Incoterms unless otherwise stated.
9.2 Timing. Based on order confirmation.
9.3 Inspection. Customers must inspect deliveries promptly.
9.4 Shipping Costs. Estimates may change based on actual carrier rates.
10. Delays
10.1 Communication. The Company will notify customers of delays.
10.2 Cancellation. Orders delayed more than 30 days may be canceled for a full refund.
11. Warranty – Consumer Models
- 12-month warranty from delivery
- 6-month warranty on replaced parts
Excludes normal wear, misuse, modifications, or external factors.
12. Warranty – Professional Models
Same as consumer warranty with optional service upgrades.
Third-party software is not covered under warranty.
13. Additional Services
Extended warranties and service plans are available upon request.
14. Responsibility
14.1 Governing Law. The laws of the State of Colorado shall govern these Terms and any disputes arising hereunder.
14.2 Venue. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located within Colorado.
14.3 Liability Limit. To the maximum extent permitted by law, the Company’s total liability for any claim arising out of or relating to these Terms or the products shall not exceed the amount paid by the customer for the product giving rise to the claim.
14.4 Indirect Losses. The Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or use.
14.5 Force Majeure. The Company is not liable for delays or failure to perform due to events beyond its reasonable control.
15. Intellectual Property and Product Ownership
15.1 Product Ownership.
Upon full payment, the customer owns the physical product only and does not receive any intellectual property rights.
15.2 Intellectual Property Rights.
All intellectual property remains with its respective owners, including but not limited to:
- DOF Reality
- Sim Racing Studio
- SimFab
- Other third-party licensors
15.3 Software Licensing.
Software is licensed, not sold, and subject to third-party terms.
15.4 Limited Use.
Customers are granted a limited right to use the product as intended.
15.5 Restrictions.
Customers may not copy, modify, reverse engineer, or redistribute intellectual property.
15.6 Reseller Status.
The Company acts as a reseller and does not own third-party intellectual property.
15.7 Third-Party Priority.
Third-party terms override conflicting interpretations.
15.8 Exclusive Remedy.
IP-related issues are limited to repair, replacement, or refund at the Company’s discretion.
16. Liability Exclusion
To the maximum extent permitted by law, the Company is not liable for loss of use, loss of income, loss of profits, or any indirect, incidental, or consequential damages.
17. Liability Limitation
To the maximum extent permitted by law, the Company’s total liability shall not exceed the amount paid by the customer for the product giving rise to the claim.
18. General Legal Provisions
18.1 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.2 Entire Agreement. These Terms constitute the entire agreement between the Company and the customer and supersede all prior agreements or understandings.
18.3 Waiver. Failure by the Company to enforce any provision shall not constitute a waiver of that provision or any other rights.
19. Chargebacks and Payment Disputes
19.1 Contact Requirement.
Before initiating any chargeback, payment dispute, or claim with a bank, credit card provider, or payment processor, the customer agrees to first contact the Company directly and provide a reasonable opportunity to resolve the issue.
19.2 Resolution Period.
The customer must allow at least five (5) business days for the Company to respond and attempt to resolve the matter.
19.3 Improper Chargebacks.
A chargeback or payment dispute initiated without first contacting the Company, or for reasons inconsistent with these Terms, may be considered an improper dispute.
19.4 Recovery of Costs.
To the extent permitted by law, the Company reserves the right to recover any costs associated with improper chargebacks.
19.5 Evidence Submission.
The Company may provide order records and communications as evidence in disputes.
19.6 Account Restrictions.
The Company may refuse future orders from customers who initiate abusive or fraudulent chargebacks.