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TRAILBUDDY INC. LIABILITY FORM:
 
MUST BE RETURNED TO OUR OFFICE PRIOR TO THE SHIPMENT OF YOUR BIKE!
 
Mail to:
Trailbuddy Inc
ATTN: Bike Sales
3252 88th Ave
Zeeland MI 49464
 

Emailed signature pages are not acceptable.  We must have an inked original.

Policies and Purchase/Liability Agreement

 

 

Trailbuddy, Inc. products (Trail Bikes) are designed for recreational and/or for personal transportation of a single rider with proper safety equipment. It is not suitable for handicapped persons or persons with limited mentality or physical capacities. The product is to be used only on safe, dry, Dirt Trails or hard packed surfaces, in accordance with local regulations.

Please remember to always wear a helmet!

There are inherent dangers to using motorized trailbikes. Purchaser shall use products at their own risk, Trailbuddy, Inc. will not be held liable under any circumstance for incidental or consequential loss or damage or injury due to the direct or indirect use, misuse or abuse of any product purchased from Trailbuddy, Inc., including any malfunction.

Although there are no uniform legal age restrictions for the use of motorized trailbikes, we recommend that only individuals of legal age use any of the trailbikes sold by Trailbuddy, Inc.. Children over 12 years of age may use products under adult supervision and under the guardian's own discretion. Check with your local authorities for area specific rules and regulations. Adult guardian assumes all responsibilities associated with the use of these products by minors. Customers understand that the use of these products can cause injury or death. To prevent it, we strongly recommend the use of the safety equipment such as helmet goggles & boots. The user holds Seller and his agents harmless from any liability. Purchaser obtains her/his own insurance. Seller assumes no suitability of any of these products as to size, age and other factors largely depend on personal discretion.

Products sold by Trailbuddy, Inc. are not regulated by the U.S. Department of Transportation as motor vehicles therefore, the trailbikes are provided to the customer with most of the required equipment but do not necessarily comply with the Federal Motor Vehicle Safety Standards. It is the customers' responsibility to check with their local authority since the law varies state by state.

Release

The User releases Trailbuddy, Inc., its officers, agents, sponsors and employees from claims, demands and damages (both actual and consequential), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with items purchased.

Limitation of liability

In no event shall Trailbuddy, Inc. or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with items purchased from us or this agreement (however arising, including negligence). Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the User's cost of qualifying products purchased at the time of entering into the agreement. Qualifying products as acceptable for return as outlined in the return policy.

Disclaimer and Limitation of Liability as to Products Sold:

EXCEPT AS EXPRESSLY STATED HEREIN, TRAILBUDDY, INC..

MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE TRAILBUDDY SITE. EXCEPT AS EXPRESSLY STATED HEREIN, TRAILBUDDY, INC.. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO TRAILBUDDY, INC.. ARISING FROM ANY PRODUCT SOLD ON OR AS A RESULT OF THE TRAILBUDDY, INC.. SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL TRAILBUDDY, INC.., IT'S DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

 

Purchaser herewith acknowledges and agrees Trailbuddy, Inc. or the original distributor/manufacturer assumes no liability for any equipment and herewith assumes the risk of any injury arising from operation of any products offered on this web site. The original owner (person who purchases from Trailbuddy, Inc. or the original distributor/manufacturer) will indemnify and hold Trailbuddy, Inc. or the original distributor/manufacturer harmless and take full responsibility for all safety warnings, instructions, and limited warranty if unit is sold, lent or otherwise transferred and will indemnify Trailbuddy, Inc. or the original distributor/manufacturer, it's officers, agents or assignees from any claims against failure to do so.

Trailbuddy, Inc. or the original distributor/manufacturer's, sole obligation under this

 

90 Day warranty is to replace or repair, at it's option, any part found to be defective. Parts replaced or repaired under this warranty are warranted only for the balance of the warranty period. All defective parts replaced under warranty become the property of Trailbuddy, Inc. or the original distributor/manufacturer. For warranty repairs, you must at your expense, arrange shipment for both delivery and return or drop off and pick up of your product to Trailbuddy, Inc.. This limited warranty is in lieu of all other warranties. Any implied warranty of fitness for a particular purpose, merchantability or otherwise, is specifically denied. Some states do not allow how long an applied warranty lasts so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have specific legal rights that vary state-to-state or province to province.

 

 

Indemnification

User hereby agrees to defend, indemnify and hold harmless Trailbuddy, Inc., its officers, directors, employees and agents, for any loss or damages awarded by a court of competent jurisdiction resulting from any claim, action, or demand, including reasonable attorneys' fees, arising out of or related to products purchased on this website, or the violation of the agreement by the User.

Purchasers Responsibility

You must inspect all equipment before using it and to take full responsibility for assuring that the equipment is in good working order and safe to use. You further understand that you are responsible for damage to equipment. Purchaser understands the nature of motor trailbike riding and motorcycle related activities and acknowledges that Purchaser is qualified to operate said motor trailbike, and is in proper physical condition to participate in such activity. Purchaser agrees to assume all risks when allowing others to operate Purchaser s trailbike. If Purchaser is not familiar with the nature of motor trailbike riding, Purchaser should seek professional training before operating a trailbike.

Inherent Risks

Warning! Trailbike riding activities involve the risk and danger of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by Purchasers own actions or inactions, the actions or inactions of others, participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to Purchaser, not readily foreseeable, and Purchaser fully accepts and assumes responsibility for all such risks, losses, costs, and/or damages incurred as a result of Purchasers participation in trailbike riding activity.

Operation, Registration, and License

Purchaser is responsible for registering and operating the trailbike in accordance with local and state laws and ordinances. Seller makes no representations that the trailbike is legal for Street operation in your City and State.

This shall not act a waiver of any implied warrantees which customers retain, as provided by law.

When purchasing from or submitting an order to Trailbuddy, Inc., you acknowledge that you have read and understand our disclaimer, and agree to these as the terms of sale.

THE PURCHASER IS RESPONSIBLE FOR ALL STATE AND LOCAL LAWS CONCERNING THE PURCHASE OF THIS VEHICLE.

BY UNDERSIGNING, I AGREE TO WAIVE ALL RESPONSIBILITY FROM TRAILBUDDY, INC. FOR EVERY UNIT PURCHASED IN PERPETUITY.

COMPANY DATE _____________________________________

NAME _______________________________________________

SIGNED ________________________________________________

ADDRESS _______________________________________________

CITY STATE ZIP ____________________________________________

PHONE___________________________________________________