Terms and Conditions of Delivery, Payment and Assembly
Effective Date: September 2025
Article I: Introduction & Scope
1.1 These Terms & Conditions (“Terms”) apply to all sales, services, deliveries, assemblies, and website use provided by Abushi Inc., New York, USA (“Abushi”), including future transactions.
1.2 Conflicting terms of contractual partners are expressly rejected unless confirmed in writing by Abushi.
1.3 These Terms apply to all contractual partners under U.S. law, whether businesses or consumers. Special provisions for consumers are explicitly noted.
1.4 Deviations are valid only if agreed upon in writing with Abushi.
Article II: Use of Website & Accounts
2.1 Eligibility: By using Abushi.com, you confirm you are at least 18 years old, or supervised by a parent/guardian.
2.2 License: Abushi grants a limited, revocable, non-transferable license to access the website for personal, non-commercial use.
2.3 Prohibited Conduct: You agree not to:
Use the site unlawfully or fraudulently.
Interfere with security or attempt unauthorized access.
Submit false or misleading information.
Upload malware or harmful code.
2.4 Account Registration: Some services require an account. You agree to provide accurate information and maintain confidentiality of login details. You are responsible for all activities under your account.
Article III: Conclusion of Contract
3.1 Offers from Abushi are non-binding until confirmed in writing.
3.2 Orders placed online or otherwise are subject to acceptance, availability, and Abushi’s confirmation.
3.3 Agreements are enforceable only if documented in writing.
Article IV: Prices & Payment
4.1 Unless stated otherwise, prices are ex works (FOB New York) and in U.S. dollars, plus applicable sales tax. Packaging, shipping, and insurance are charged separately.
4.2 Payment must be made via approved methods at checkout or as agreed in contracts.
4.3 Invoices must be paid no later than the 5th day of the month following the invoice date; vehicle deliveries or assemblies must be paid before or at pickup.
4.4 Late payments may incur statutory interest under New York law, and Abushi may claim additional damages.
4.5 Abushi may suspend services for overdue accounts and declare all outstanding claims immediately due.
4.6 Offsets are only allowed with undisputed or legally established claims.
4.7 If a non-consumer partner fails obligations, Abushi may claim liquidated damages of 15% of purchase price, unless higher or lower damages are proven.
Article V: Delivery, Shipping & Risk of Loss
5.1 Delivery dates are approximate unless expressly confirmed in writing.
5.2 The period begins once all technical and commercial details are clarified.
5.3 If Abushi cannot meet binding dates due to external causes (e.g., supplier delay, force majeure), the partner will be informed. Payments already made will be refunded if performance is impossible.
5.4 Risk passes to the buyer once goods leave Abushi’s facility or designated supplier. For consumers, statutory rules apply.
5.5 If shipment is delayed by the buyer, risk passes upon notice of readiness.
5.6 Goods not shipped must be collected within 7 days of notice.
Article VI: Returns & Refunds
6.1 Abushi offers a voluntary return right in accordance with its posted Return Policy. Items must be in original condition and packaging.
6.2 Refunds are issued to the original payment method. Processing times may vary by institution.
Article VII: Warranty
7.1 Customers must inspect goods promptly and report defects within 8 working days; hidden defects must be reported immediately.
7.2 Abushi must be given the opportunity to inspect reported defects; unauthorized repairs void warranty claims.
7.3 Abushi may remedy defects by repair, replacement, credit, or price reduction.
7.4 If remedy fails, the customer may rescind the contract or demand a reduction in price.
7.5 For conversions, assemblies, or custom builds, warranty is limited to the specific parts and services supplied by Abushi.
7.6 Warranty coverage lasts 48 months or 40,000 miles, whichever occurs first.
7.7 Performance figures are averages; minor deviations (+/- 5%) are acceptable.
7.8 Abushi provides no assurance of compliance with foreign homologation requirements outside the U.S.
Article VIII: Limitation of Liability
8.1 Abushi is liable for intent and gross negligence. For ordinary negligence, liability is limited to:
Personal injury (life, body, health).
Breach of essential contractual obligations (limited to foreseeable damages).
8.2 Limitations do not apply in cases of fraud or explicit guarantees.
8.3 Non-warranty claims are subject to statutory limitation periods.
Article IX: Lien & Retention of Title
9.1 Abushi has a contractual lien on goods in its possession until claims from the order are fully settled.
9.2 Title remains with Abushi until all obligations are fulfilled.
9.3 Claims from resale are assigned to Abushi as security.
9.4 Authorization to collect assigned claims expires upon default.
Article X: Termination for Cause
10.1 Abushi may terminate contracts for good cause, including deterioration of a partner’s financial condition.
Article XI: Used Parts
11.1 Removed parts must be collected within 4 weeks. Abushi assumes no liability for storage beyond this period.
Article XII: Consumer Rights
12.1 Consumers may withdraw from purchases within 14 days of receiving goods as a voluntary Abushi policy, in addition to any statutory rights.
12.2 Withdrawal must be submitted in writing to Abushi Inc., 44-03 56th Rd, New York, NY 11378.
12.3 Consumers bear return costs. Abushi refunds within 14 days of receiving goods back.
Article XIII: Indemnification
13.1 You agree to indemnify and hold harmless Abushi, its officers, employees, and affiliates from claims arising from your use of the website, breach of these Terms, or infringement of third-party rights.
Article XIV: Dispute Resolution & Governing Law
14.1 Abushi encourages resolution through mediation before formal proceedings.
14.2 Disputes shall be resolved by binding arbitration under the American Arbitration Association, in New York, NY.
14.3 These Terms are governed exclusively by the laws of the State of New York and U.S. federal law.
Article XV: Changes to Terms
15.1 Abushi reserves the right to amend these Terms at any time. Updates are effective upon posting on the website. Continued use constitutes acceptance.
Article XVI: Contact
For questions regarding these Terms:
Abushi Inc.
44-03 56th Rd.
New York, NY 11378
📧 info@abushi.com
📞 (718) 729-5300