Rules: Buyers
Please read the before bidding...
By bidding and purchasing our ATV/Power sport on
Ebay, I, as buyer, agree to abide by and agree to all the rules and clauses
below. If you are unable to comply with ALL of the points below, please DO NOT
bid on our auction.
Liability Clause
1. I acknowledge and agree to be above 18
years or age or are the parent of a child under the age of 18 years.
2. I acknowledge and understand that riding an
all-terrain-vehicle (atvs) is a dangerous activity that requires strenuous
exercise and various degrees of skill and experience for individual riders.
3. I understand that these activities can result
in serious injury to the person and damages to property and voluntarily assume
any and all risk associated with loss, damage or injury while riding the
vehicles.
4. I am aware of the risks, hazards and dangers
of personal injury, death and disability inherent with the specific use of
these vehicles as well as the inherent risks, hazards and dangers of personal
injury and disability increase with inexperienced riders.
5. I agree to release and forever discharge
Texasbikes or it's parent company and their agents, servants, employees,
officers, directors, trustees and all other persons or entities acting on their
behalf and the manufacture from any and all claims, actions, damages,
liabilities, cost or expenses and attorney fees which are related to, arise out
of, or are in any way connected to your participation or use of these vehicles,
use of equipment or property supplied by Texasbikes or it's parent company or
your presence upon the premises , whether or not such claims, actions, damages,
liability, cost or expenses are caused by the negligence of the seller,
manufacture or distributor. By this Agreement, it is my intention as buyer, to
surrender and waive any rights to sue or exercise any legal rights to seek
damages from Texasbikes or it's parent company and their agents, servants,
employees, officers, directors, trustees and all other persons or entities
acting on their behalf. This Agreement shall be affecting and binding upon my
heirs, agents, personal representatives and assigns.
6. I hereby certify that I am over the age of 18
years of age. I, as buyer, have carefully read the foregoing and acknowledge
that I understand and agree to all the above Terms and Conditions. I have had
the opportunity to ask any and all questions regarding this Agreement and the
affect of the same.
7. I am aware that by bidding and purchasing
this item and sending/remitting payment for it/them, I assume all risk, and
waive and release certain substantial rights that I may have or possess. I, as
buyer, therefore release all liability and waive all rights I may have in
regards to my child's activities with any items purchased from Texasbikes.
Usage Clause
8. I agree to read the user's manual carefully
before operating my vehicle.
9. I agree to inspect my vehicle to be sure all
nuts, bolts and chain are tight and the vehicle is safe for operations.
10. I agree to wear a helmet and protective gear
when riding.
11. I acknowledge that it is my responsibility,
to ascertain and obey all local, state and federal laws in regards to the
possession and use of any items purchased from Texasbikes and it's parent
company. Texasbikes and it's parent company will not be liable for the misuse
of any products purchased from Texasbikes and it's parent company or any of
it's distributors or agents.
12. I have read this waiver of liability,
assumption of risk and indemnity agreement, fully understand it's terms, understand
that I, as buyer, am giving up substantial rights by agreeing to this waiver
and have brought it freely and voluntarily without any inducement, assurance or
guarantee being made to me. My purchase is to be considered as a complete an
unconditional release of all liability to the greatest extent allowed by law.
Additional Clause
13. All sales are final, and no refunds. By
refusing a shipment, I agree to pay the shipping cost as listed on this auction
as well as a 20% restocking fee. Seller is not responsible for any/all damages
caused by improper assembly and/or misuse of products purchased. If you have
any questions regarding these matters, please send an email us.
14. Please note
the bike comes steel crated and is even protected by cardboard, if you see that
the box is damaged be sure to let the shipping company know that the box was
damaged when you got it. Also if you ever have problems with your bike within
the first 30 days of your purchase, we only cover the defective parts. We do
not cover any mechanical or technical labor that may arise due to the defect.
15. We reserve the
right to make slight modification necessary to the merchandise for product
improvement. This transaction shall be governed by the laws of the State of
Texas and any dispute arising thereof shall be subject to the exclusive
jurisdiction of the Courts of State of Texas. By bidding and/or purchasing this
item online or over phone, the purchaser/bidder acknowledges that he/she/it has
read and agree with all of the policies, terms and conditions stated herein. No
modification to the terms contained herein shall be valid unless in writing and
signed by our authorized agent.