Policies and Purchase/Liability Agreement
Terms and Conditions:
The use of this website is governed by the policies, terms, and conditions set forth below. Please read them carefully. Your use of this site, placement of an order or submission of any purchase order to PowerSport America indicates full understanding and acceptance of all of the terms and conditions set forth on this entire web page. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order. PowerSport America reserves the right to make changes to (or amend) any information on this site and these terms and conditions at any time. Prices are subject to change without prior notice.
Disclaimer and Limitation of Liability as to Products Sold:
EXCEPT AS EXPRESSLY STATED HEREIN, PowerSport America. MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE PowerSport America. SITE. EXCEPT AS EXPRESSLY STATED HEREIN, PowerSport America. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO PowerSport America. ARISING FROM ANY PRODUCT SOLD ON OR AS A RESULT OF THE PowerSport America. THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL PowerSport America ., 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 with PowerSport America or the original distributor/manufacturer assumes no liability for any equipment and herewith assumes the risk of any injury arising from the operation of any products offered on this website. The original owner (person who purchases from PowerSport America or the original distributor/manufacturer) will indemnify and hold PowerSport America or the original distributor/manufacturer harmless and take full responsibility for all safety warnings, instructions, and limited warranty if the unit is sold, lent or otherwise transferred and will indemnify PowerSport America or the original distributor/manufacturer, it's officers, agents or assignees from any claims against failure to do so.
PowerSport America or the original distributor/manufacturer's, the sole obligation under this warranty is to replace or repair, at its 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 PowerSport America 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 PowerSport America. 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 from state to state or province to province.
This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior discussion, negotiations, understanding, letters, or written agreements among the parties hereto relating to the subject matter contained herein, and all prior discussions are merged herein. This Agreement may not be varied, altered, modified, changed, or in any way amended except by an instrument in writing, executed by the parties hereto.
For more information on our warranty, Visit our Service page by clicking anywhere on this warranty paragraph.
As much as we want to sell products that are 100% defect free, it is a fact of life that a certain percentage of items we send out will be defective. We hope that you understand that these defects are not intentional. We have no way of controlling the quality of factory-sealed items. If you buy an item from a local store and wish to bring it back for repairs, you don't ask the store for reimbursement for your trip. We work the same way. If you receive a defective item and wish to send it to us for repairs, you will be responsible for shipping charges to us. If no problems are found, you will be responsible for shipping charges back to you as well. If we find a problem, we will pay for the return trip. The easiest way to solve problems is to diagnose them yourself and let us know which replacement parts you need. We will be happy to send you replacement parts at no charge.
All our online and store sales are final. No refunds. Exchanges are allowed if the product is returned in the original package unused. Shipping and handling fees as well as return shipping charges are not refundable unless otherwise stated elsewhere on the page.
This warranty does not cover warranty damage to the unit caused by: 1. For gas scooter only, lack of lubrication, or engine failure due to the use of two-stroke oils other than recommended two-cycle engine oil. Use 25:1 two-stroke motorcycle-type oil. Engine problems due to inadequate lubrication caused by failure to use 25:1 two-cycle engine oil will void this warranty. 2. For gas scooters only, damage caused by the use of gasohol containing methyl (wood) alcohol or gasoline other than the kind recommended in the operation manual. The prescribed mixing ratio of gasoline to oil is 25:1. 3. Defects, malfunction, or failures resulting from abuse, misuse, modifications, alterations, improper storage, or use of unauthorized attachments including failure to provide or perform required maintenance services as prescribed in the owners/ operators manual. Preventive maintenance is the warranty holder's responsibility. 4. Damage caused by dirt or corrosion in all of these forms, including, but not restricted to rust, salt water, varnish, and moisture. 5. Failure to follow the setup, pre-delivery service, and adjustments outlined in the operator's manual. 6. Parts not warranted that are normal maintenance items such as spark plugs, filters, lubricants, engine tune-ups, spark arrestor screens, starter cords, tires, bearings, and spindles. 7. Bearing damage caused by improper tire inflation. (Spindle should not slip while driving rear tire). 8. Damage caused by pressure, or steam cleaning of the product. 9. General wear and tear. 10. Damage caused during any form of racing, commercial use, crash damage including but not limited to fork or F.T.C damage, or any use deemed improper by PowerSport America or the original distributor/manufacturer, acting reasonably.
It is the responsibility of the end user to obtain and obey all the applicable local, state, provincial, and federal laws in regard to the use of any product offered on this website. If you are unsure or in doubt, please consult your local, state, and provincial laws before ordering. The buyer represents that any products ordered will only be used in a legal and lawful manner in accordance with the laws and regulations of the buyer's proof or state. The buyer accepts the product on the condition that he/she assumes all risk to persons or property arising from the use or handling of this product. Motorized scooters are classified as restricted-use motorcycles and are not intended for use on public highways. Intended for off-road use only. Some provinces or states may have additional restrictions.
The purchaser of any product offered on this website agrees to 1. Wear approved safety equipment at all times including but not limited to, a helmet, goggles, leg and arm protection, gloves, and hearing protection. 2. Always check for the proper functioning of your equipment including steering, brakes, drive train, tires, throttle, kill switch, and all fasteners. 3. Perform all necessary repairs and maintenance before operation. 4. Keep hands and any other body parts and any foreign objects clear of moving parts, including chain or spindle drive. 5. Never fuel a hot engine. After fueling, before starting, keep the container at least 10 feet away. 6. Use caution when handling gasoline. Use only recommended fuels. 7. Do NOT operate gas scooters without adequate ventilation (Internal combustion engines produce toxic fume, dangerous when indoors). 8. Do Not operate motorized scooters on wet surfaces. 9. Do Not operate motorized scooters if you are impaired in any way. 10. Do Not wear any loose clothing or articles, which could become entangled in the unit. 11. If under 18 years of age only operate motorized scooters/electric pedal-assisted bikes with adult supervision. (Required at all times). 12. Not a double ride. All products offered here are intended for use by one operator. 13. Not to operate at night or when visibility is limited, and to avoid busy areas and steep lines. 14. If pregnant or if any other health concerns exist, consult a physician before using a motorized scooter. 15. When braking, lean back to maximize control. Never lock the front brake, doing so will cause a loss of steering control. 16. Not attempt to use or permit the use of this product unless the user has proven ability and skill in the control of a non-motorized scooter or non-assisted bike of a similar type.
If you do not completely understand the warranty, liability agreement, or any of the Terms and Conditions set forth on this page, please consult an attorney before purchasing a motorized scooter. Remember to always wear a helmet and protective gear. We are not liable for injury resulting from the use of this or any other product. The purchaser of any product offered on this website agrees that he or she fully understands and agrees to be bound by all of the terms and conditions set forth on this webpage and also agrees to submit any disputes arising out of the operation or use of any product offered here to arbitration. To validate warranty registration the purchaser of a motorized scooter may be required to sign, initial, and return a form provided by PowerSport America and/or the original distributor/manufacturer that outlines all of the terms and conditions set forth on this web page by PowerSport America and/or the original distributor/manufacturer. The signature of a parent or guardian may be required if the purchaser is under the age of 18.