TERMS AND CONDITIONS, CONDITIONS OF SALE AND OR USE: all sales to or use by you (“you” or “your”) by Bad Motorsports Inc. (“seller”), are subject to the terms and conditions stated below. Your acknowledgement regarding aftermarket products: you acknowledge that you have purchased aftermarket suspension products (“products”) and therefore understand and accept the consequences of installing the products on your vehicle. Such consequences include, among other things, changing the center of gravity, rollover resistance, ride characteristics, performance, and general operation of your vehicle from that intended by the vehicle manufacturer and potentially voiding manufacturer warranties. You further acknowledge and agree that the operation of any vehicle is a potentially dangerous activity (which can result in serious injury or death) and that you are solely responsible for familiarizing yourself with the ride and handling characteristics of your vehicle upon installing the products and that seller shall not be responsible for the results of installing the products on your vehicle. Disclaimer of warranties: all products sold to you are sold on the condition that, except to the extent seller has made any express written warranties, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability and fitness for a particular purpose, are hereby excluded to the extent allowed by applicable law and are expressly disclaimed by seller. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to a period of thirty (30) days from purchase. Because some states or jurisdictions do not allow limitations on how long an implied warranty lasts, the above limitation may not apply. This disclaimer may not apply to you and you may have certain other legal rights which may vary from state to state. Otherwise, this provision means that the entire risk as to the quality and performance of the products you purchase is with you and that should the products prove defective following their purchase, you, and not seller, assume the entire cost of all necessary servicing or repair. Limitation of liability: in no event shall seller be liable to you or any third party for any special, indirect, consequential, incidental, or punitive damages, however caused and regardless of the theory of liability or otherwise (including, without limitation, personal injury (including death), injury to property, damages for loss of business, loss of profits, loss of goodwill or business reputation, or business interruption), arising out of or connected in any way to the products purchased by you, or for any claim by any third party, even if seller has been advised of the possibility of such damages. The total liability of seller to you for all damages, losses, and causes of action, if any, (whether in contract, tort (including negligence), or otherwise) shall not exceed the total purchase price paid for the product that gave rise to the claim.
Further, you understand, recognize, and agree that the suitability of any part sold, manufactured, or installed by or for seller for a particular application or use is your sole decision and that you is not relying in whole or in part on the skill or judgment of seller regarding the safety, suitability, stated or implied use of any product or service. You understand and agree that off road activity is inherently dangerous and our sport cages roll cages, bed delete cages, deluxe cages, standard cages and all other cage related products is not a certified ROPS device and cannot prevent injury or death in a rollover or any accident or crash. All products are intended for use on legal ORV trails and riding areas only. No product sold or manufactured by seller is intended for on road use.
Prices are subject to change without notice, no warranty is expressed written or implied other than existing warranties provided by the manufacturers of products we sell. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.