Terms & Conditions

Welcome to Motorrad-One’s (“M1”) website, Motorrad-1.com. By use of this website, you are agreeing to comply with and be bound by the following terms and conditions, which together with our privacy policy, govern Motorrad-One’s relationship with you in relation to this website and our services. The term “Motorrad-One” or "us" or "we" refers to the owner of the website, whose registered office is 248 Route 25A, Unit 77, East Setauket, NY 11733 and registered business name is "ALPHA SBK INC." The term "you" refers to the user or viewer of our website. “This site” refers to Motorrad-1.com.

THE USE OF THIS WEBSITE and THE use of our services are SUBJECT TO THE FOLLOWING TERMS OF USE:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. These materials include, but are not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorized use of this website may give to a claim for damages and/or be a criminal offense. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website are subject to the laws of the United States of America.

ERRORS

In the event that a Motorrad-One’s product is mistakenly listed at an incorrect price, Motorrad-One reserves the right to refuse or cancel any orders placed for product listed at the incorrect price, or for orders in which the total has been calculated incorrectly. Motorrad-One reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Motorrad-One shall issue a credit to your credit card account in the amount of the incorrect price.

WARRANTY & INSTALLATION

NO WARRANTY EXPRESSED, WRITTEN, OR IMPLIED is made on any products made or sold by Motorrad-One. Motorrad-One is a parts distributor, and does not offer any warranties on products. Manufacturer warranties may exist for products sold by Motorrad-One, and we are happy to assist you with any warranty claims with the manufacturer directly. All descriptions given on this site as to function are for reference only and are not a guarantee. Motorrad-One cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold. Motorrad-One shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of life, health, goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. Any information provided by Motorrad-One via website, phone, fax, e-mail, or printed or any other form of installation instructions, is only for non-authoritative reference, and is not a substitute for the services of a professional, certified mechanic. We recommend you pay a licensed professional for installation services. By purchasing, using, or installing any products from Motorrad-One, the purchaser agrees to all of these terms. All sales are final.

EMMISSIONS AND STREET USE LAWS

Aftermarket parts, electronic ECU flash tuning, modifying motorcycle emission control systems including but not limited to exhausts, fuel controllers, smog block-off plates, (Racing Parts) are legal for closed-course competition use only. By purchasing from Motorrad-One, you acknowledge that Racing Parts are legal only for closed-course competition racing use and You agree not to use Racing Parts on a licensed street vehicle. Motorrad-One cannot verify usage of these aftermarket parts and cannot be held responsible for misuse. It is your responsibility to comply with all applicable laws. 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Motorrad-One and its affiliates and subsidiaries, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. Motorrad-One reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Motorrad-One in asserting any available defenses.

INTERNATIONAL USE

Motorrad-One makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use and Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use and Service or your use of this site shall be filed only in the state courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and waive federal jurisdiction.

ORDER ISSUES

Upon receipt of merchandise, please inspect your purchases immediately! If you find something you believe to be wrong, damaged, or not up to your standards, you must contact us within 7 days of receiving your products. If something appears to be wrong, contact us immediately. Do not open sealed packages, modify, or install said product. We cannot accept returns on product that is not returned in its original unmodified, uninstalled condition.

DAMAGED PRODUCT, INCORRECT OR MISSING ITEMS

In the event your order arrives in a damaged state, please keep the original shipping box and product packaging, and notify us immediately. We will help assist you in your claim against the shipping carrier, and to get replacement products to you as quickly as possible. Pictures of the damaged shipping box and packaging are mandatory for a successful claim. If parts are incorrect or missing, contact us immediately and we will work quickly to fix the problem. 

RETURNS

If you would like to return an item, please contact us within 14 days so we can approve your return and organize any replacement or substitute product shipments at our sole discretion. Returns must include a copy of your receipt, or a note with some identifying contact information so that we can look up your order. Products must be unused and with the original packaging intact (all tags in the case of gear purchases). Any returns that do not meet these standards may be assessed a restocking fee of up to 25%. Special Order, Electrical, Clearance, and Used items may only be returned with our permission, and may be subject to a restocking fee of up to 50% at our discretion. Shipping charges are non-refundable. Please allow up to 72 hours for refunds to process. Please keep in mind, our goal is to be as fair to all parties involved in any dispute as possible, and we treasure our loyal customers, so certain rules may be bent or broken from time to time, at our discretion. All sales are final.

DEFINITION OF A SPECIAL ORDER ITEM

Items that are not listed on our website, and items for fitments that are not listed on our website, along with items that are built or colored to the specification of the customer (such as suspension products sprung specifically for their weight, or wheels/brakes in the customers requested color) are considered “Special Order” items. All out of stock (at the time of ordering) product from the following manufacturers: BMW OEM and other OEM Manufacturer Genuine Parts, HP Performance Parts, BMW Lifestyle, Akrapovic, Arrow, Spider, OZ, Marchesini, Ducati OEM Genuine Parts, BITUBO, Ohlins, Ilmberger Carbon, Carbonin, alpha Racing, and Suter are always considered Special Order Items.

BODY WORK AND CARBON FIBER ITEMS

Carbon fiber and fiberglass parts are hand-made, and small irregularities in the cloth, pinholes in the surface coat, and hairline scratches may be present. These are not considered defects, and may require minor modification to prior to painting or installation. We recommend you test-fit and modify parts prior to painting or fitting, and use a spray polish/wax to remove any tiny imperfections. Please note, if you are uncomfortable with modifying the product, contact us immediately, because once modified these products may not be returned!

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Motorrad-One with respect to this site and Motorrad-One’s services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Motorrad-One with respect to this site and Motorrad-One’s services. If any part of these Terms of Use and Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

SHIPPING POLICY

In most cases orders will be shipped via the carrier you choose at checkout (USPS, DHL, FedEx or UPS). We attempt to present correct shipping and handling charges by carrier, but package sizes can vary with orders affecting the final shipping cost. We reserve the right to substitute Carrier or type of service requested when the actual carrier-calculated rate exceeds that which the customer has chosen.

Foreign Customers who wish to purchase certain large items such as body fairings may have their orders canceled due to size limitations imposed by International Carriers to their country. Other arrangements can be made through International freight forwarding firms at the customer’s expense. If you do not request shipping insurance, we cannot be held responsible for damaged, lost, or stolen packages. We do not ship to International / Overseas or APO/FPO addresses due to handling and lack of tracking confirmation and signature of recipient procedures of USPS.

INTERNATIONAL SHIPMENTS
We do ship internationally, to just about any location that trades with the United States. There are a few things to be aware of, however: you, the buyer, are responsible for any VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods. We do not collect this beforehand, and can't give you an estimate of the cost, because it varies widely around the world. Please do your research so you're ready to get your package cleared through customs, and have an idea of what the additional cost will be. 

NO SIGNATURE REQUIREMENT
All items are typically shipped with Delivery tracking (not signature required), if possible; please plan accordingly to accept and secure your package. Please note that you will be accepting responsibility if anything were to happen to the package.  If you do not request shipping insurance, we cannot be held responsible for damaged, lost, or stolen packages.

NO SHIPPING DAYS

Business days are Tuesday-Friday; Holidays, Saturday and Sunday are not included in shipping days.

OVERSIZED ITEMS AND PACKAGES
Oversize items are currently only being shipped via Ground to the contiguous 48 US states. Oversize items will be clearly identified during the shopping process. Oversized items include: complete engines, fairings, race stands, fenders, certain full exhaust systems, certain suspension parts, main chassis frames, wheels, rear sub-frames, etc. Shipping is not free for these items.

DELIVERY POLICY
Typically packages will be left at your door and do not require a signature. Sometimes we will ship an item from a vendor to you direct and those vendors may require a signature on their shipments. If you absolutely need Signature Delivery, please contact Customer Service before placing your order. We will not be responsible for packages once they are shipped from our warehouse, or delivered to your address and delivery is confirmed by shipping carrier. We will not be liable for the errors of any shipping company or any lost, stolen or damaged packages under any circumstances whatsoever.

Returns Process:

You can request a return merchandise authorization number (RMA#) via email: support@alphaSBK.com. Then you will ship to:

MOTORRAD-ONE

248 ROUTE 25A, UNIT 77

EAST SETAUKET, NY 11733

(646) 360-0850 Phone

RMA # ________________

   

 

ECU Flash Tuning Mapping and Files End User License Agreement ("EULA")

By downloading and/or using Motorrad-One's Mapping, either in an ECU flash product or with our Handheld device where a MOD File is emailed to you, you hereby agree to the following End User License Agreement ("EULA"):

Motorrad-One LICENSED APPLICATION FOR RACING ECU MAPPING END USER LICENSE AGREEMENT

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor Motorrad-One Inc. (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” All sales are final.

a. Scope of License: This license granted to You for the Licensed Application Race ECU Mapping by Application Provider is limited to a non-transferable license to use the Licensed Application on ONLY THE motorcycle that You own or control and not for use or sale in your Customer or other Third Party motorcycle for free or profit (the “Usage Rules”). This license does not allow You to use the Licensed Mapping on any motorcycle that You do not own or control, and You may not distribute or make the Licensed Mapping available over a network where it could be used by multiple Motorcycles at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Mapping, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Mapping). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your motorcycle, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Mapping and delete from your BMW HP Kit Race ECU or BMW OEM ECU.

d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services or Mapping may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or reproducing files. You further agree not to use the Services in any manner on public roads or highways or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION MAPPING IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application Mapping. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.

h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of New York, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.