CALIFORNIA MOTORBIKES TERMS CONDITIONS AND SALE
BY PURCHASING, YOU HAVE READ AND AGREE TO ALL TERMS AND CONDITIONS
Gasoline operated products are NOT compliant with Environmental Protection Agency ( E.P.A. ) or California Air Resources Board (C.A.R.B) for the use on/off Public roads. Upon purchase, the buyer agrees to use products for racing (closed-course competition) only and NOT for on/off public roads.
This Terms and Conditions of Sale Agreement (“Agreement”) shall apply to all direct purchases of products, parts or accessories (“Products”) made from Californiamotorbikes.com (the “Site”) or by phone. Please read the following terms carefully. If you do not accept and agree to these terms and conditions, do not order/keep your Products. The terms "Californiamotorbikes.com" or "us" or "we" or "our" refers to ZS Holdings, LLC, a California limited liability company and the owner of the Site. The term “you” means the person or entity that purchases, places an order or otherwise shops at the Site.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL TERMS IN ANY FORMS DELIVERED BY YOU ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN Californiamotorbikes.com’S INVOICE OR OTHER Californiamotorbikes.com DOCUMENTATION, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS OF SALE UNLESS YOU AND Californiamotorbikes.com HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms And Conditions Of Sale
This Agreement constitutes a binding contract between you and Californiamotorbikes.com. By making a purchase, placing and order or otherwise shopping on the Site you accept and agree to the terms and conditions of this Agreement. This Agreement may be amended at any time without prior notice to you, except that the Terms and Conditions of Sale posted on the Site at the time you initially place or modify an order will govern the order in question.
This Agreement constitutes the entire agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the sale, purchase and use of the Products, and the subject matter of this Agreement. You may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void.
You agree that the terms and conditions contained in this Agreement and in Californiamotorbikes.com's invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of the terms and conditions of this Agreement or any purchase order or invoice related thereto.
Safety; Inherent Risks
By purchasing Products from Californiamotorbikes.com you warrant, acknowledge, understand and agree that the operation of any type of electric or gas motor bicycle, electric or gas motor bicycle part, electric or gas motor scooter, or electric or gas motor scooter part is an inherently dangerous activity that involves significant risk of bodily injury or even death. These inherent risks and dangers may be caused by your 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. You understand that such risks are present regardless of the safety precautions user may take. Californiamotorbikes.com makes no warranty that the use of any Products guarantees personal safety or freedom from physical injury, and Californiamotorbikes.com is not responsible for injuries and/or damages resulting from the use or operation of any Products. You agree to accept and assume responsibility for such risk, injuries and/or damages incurred as a result of the use of the Products.
Closed-Course ‘Race Only’ Competition
BY PURCHASING PRODUCTS FROM Californiamotorbikes.com YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE INTENDED FOR CLOSED-COURSE ‘RACE-ONLY’ COMPETITION USE ONLY AND NOT INTENDED FOR STREET USE. You acknowledge and agree that although Californiamotorbikes.com has no control over the actual use of the Products, you hereby warrant and agree that the Products will be used for closed-course ‘race-only’ competition use only, and you also understand and acknowledge that the Products are NOT compliant with Environmental Protection Agency (E.P.A.) or California Air Resources Board (C.A.R.B) noise or emission regulations for use on/off public roads. By receiving and using Products from Californiamotorbikes.com, you relieve and indemnify Californiamotorbikes.com or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf (collectively, any “Affiliated Party”) from any and all related costs and liabilities, and you assume any and all risks and liabilities associated with the use of any Products.
Dispute Resolution; Arbitration
We believe we will be able to resolve most disputes or issues you may have with the Products purchased from Californiamotorbikes.com. In the unlikely event we are not able to resolve a dispute or issue, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you agree to the following resolution process.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30-days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: firstname.lastname@example.org Attn: Legal Department.
If we are unable to mutually agree upon a resolution after the 30-day period, you agree that any claim you may have against us regarding these Terms and Conditions of Sale will be resolved through binding arbitration administered by JAMS and governed by the then current JAMS Streamlined Arbitration Rules and Procedures. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one (1) year after your claim arose; otherwise, your claim is waived.
We prefer to resolve our issues with you directly and, accordingly, you agree to arbitrate with us only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration will be exclusively held in Contra Costa County, California and that each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you're not sure what all of this means, of course please feel free to ask an attorney.
Governing Law and Forum
Any and all claims, causes of action or disputes (regardless of theory) between you and us arising out of or related to this Agreement will be governed by the laws of the State of California, without regard to conflict or choice of law principles.
You agree that any claims, causes of action or disputes not subject to the Dispute Resolution; Arbitration section above, will be brought exclusively in courts located within the county of Richmond, California, and you agree to submit to the personal and exclusive jurisdiction of such courts, for any actions. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one (1) year after such claim or cause of action arose or be forever barred. YOU ALSO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY FOR ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF SALE.
All claims that you bring against us must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should you file a claim contrary to this section, we may recover the full amount of our attorneys’ fees and costs provided that we have notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
Shipments; Risk Of Loss
When you place an order, the order will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from Californiamotorbikes.com are made pursuant to a shipment contract. As a result, risk of loss and title for Products purchased from Californiamotorbikes.com pass to you upon delivery of the Products to the carrier. We cannot take responsibility for damage or loss during shipment. Accordingly, YOU MUST IMMEDIATELY CHECK ANY DELIVERED PACKAGE FOR ANY PHYSICAL DAMAGE BEFORE SIGNING OR RECEIVING THE PACKAGE AND PRODUCTS. You should notify and file a claim with the FedEx, UPS or USPS driver at the time of delivery if you notice ANY physical damage to the package or Products. Without making any claim for damages you are taking possession of the Products “as is”. You must also report any damages to Californiamotorbikes.com by calling our customer service department at 415-306-3620 within three (3) days of receiving your shipment in order for us to file a claim for any damages. If you report damages during that time we will file a claim for you and ship out any replacement Products (or parts) free of charge. If you do not report damages to Californiamotorbikes.com within three (3) days we will not be able to file a claim for you, and you may have to pay for any replacement Products (or parts) you need shipped to you and file the claim with the carrier separately for reimbursement. If the Products sustained structural or frame damage, which appears beyond repair, please refuse delivery and contact us immediately so we can prepare to send you replacement Products. If you receive your Products with minor damages, please accept the Products and take pictures of the damage and email them to us. We will review the pictures and send replacement Products (or parts) at the discretion of Californiamotorbikes.com.
Californiamotorbikes.com products are as-is and all sales are final. Under our own discretion, we will provide replacement parts free of charge to the customer if there is a manufacturer defect upon arrival or shipping damage that we deem to be unreasonable, and if reported within a reasonable amount of time (48 hours). We do not cover misused or broken parts caused by user of Products or any other event. Californiamotorbikes.com has the right to deny parts replacement.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES OF ANY NATURE. WE MAKE NO OTHER WARRANTIES RELATED TO THE PRODUCTS. ALL WARRANTIES IMPLIED UNDER ANY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. ALL WARRANTIES, WRITTEN, ORAL, OR IMPLIED, ARE EXPRESSLY LIMITED TO THE PERIOD AND TERM OF THIS WARRANTY. THE LAWS OF SOME REGIONS REQUIRE DIFFERENT OR LONGER TERMS FOR WARRANTIES, OR PROHIBIT CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES. THIS WARRANTY PROVIDES YOU WITH SPECIFIC LEGAL RIGHTS, WHICH MAY VARY FROM STATE TO STATE, COUNTRY TO COUNTRY, REGION TO REGION.
Please call our customer service department at 415-306-3620 to begin a warranty claim. We may require that the defective warranty Products (or parts) be returned to us and exchanged for new replacement Products (or parts).
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT IN NO EVENT WILL Californiamotorbikes.com OR ANY AFFILIATED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Californiamotorbikes.com OR ANY AFFILATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Californiamotorbikes.com’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER Californiamotorbikes.com NOR ANY AFFILATED PARTY WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER Californiamotorbikes.com NOR ANY AFFILIATED PARTY ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCTS GIVING RISE TO THE CLAIM.
Californiamotorbikes.com will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, the unavailability of Products, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
You agree to indemnify, defend and hold us and any Affiliated Party harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your (a) breach of this Agreement, or (b) use of any Products purchased from Californiamotorbikes.com.
Pricing Information; Availability Disclaimer
All pricing is subject to change. Californiamotorbikes.com reserves the right to make adjustments to pricing and Product offerings for reasons including, but not limited to, changing market conditions, the discontinuation of Products, the unavailability of Products, manufacturer price changes and errors in advertisements. All orders are subject to Product availability. Therefore, Californiamotorbikes.com cannot guarantee that it will be able to fulfill your order(s).
Accounts And Passwords
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and your computer. You agree to accept responsibility for all activities that occur under your account or password.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Californiamotorbikes.com until accepted by Californiamotorbikes.com. Californiamotorbikes.com reserves the right to refuse service to anyone. Terms of payment are within Californiamotorbikes.com’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. You are responsible for, and will indemnify and hold Californiamotorbikes.com and any Affiliated Party harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. You must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, you will be responsible for all of Californiamotorbikes.com’s costs of collection, including court costs, filing fees and attorney's fees.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We have established a Return Policy that allows returns or exchanges on Products purchased from Californiamotorbikes.com. We do not accept returns.
It is your responsibility to inspect and verify the dimensions, specifications, and performance of all Products as being appropriate for the use to which you will put them prior to any actual installation and/or use of said Products.
It is your responsibility to inspect Products before each use for evidence of damage, defect, or wear. Any deviation by you from the manufacturer’s specifications concerning use, maintenance, repair, alterations and modifications of Products constitutes willful negligence.
You are responsible for the installation and/or use, either proper or improper, of the Products. The installation of any Products may adversely affect other vehicle components, safety equipment or manufactured goods (collectively “goods”). Californiamotorbikes.com or any Affiliated Party assumes no responsibility for any damage to other goods, or bodily injury that may arise due to failure of other goods, due to installation and/or use, either proper or improper, of its Products. Neither, Californiamotorbikes.com or any Affiliated Party are responsibility for errors, omissions, diagrams, pictures, illustrations or text contained with the Products.
The user of any Products purchased from Californiamotorbikes.com is responsible for always wearing a helmet and/or all other protective gear for the highest lever of personal safety.
Buyer’s Release of Liability
I, as Buyer, represent and warrant that:
I have had sufficient opportunity to carefully read the terms and conditions of this Agreement, and I acknowledge, understand and agree to be bound by its terms and conditions.
I understand that the Products and related activities can result in serious personal injury, including death, and I voluntarily assume any and all risks associated with any loss, damage or injury while using the Products.
I understand that the Products and related activities can result in damages to property, and I voluntarily assume any and all risks associated with any loss or damage of property while using the Products.
I am aware that the risks, hazards and dangers of serious personal injury, death and disability are inherent with the use of the Products, and that such inherent risks, hazards and dangers of serious personal injury, death and disability increase with inexperienced persons, adverse terrain, weather conditions, poorly maintained equipment, the use of drugs or alcohol, and pushing the limits of one’s abilities.
I understand, acknowledge and agree that Products sold by Californiamotorbikes.com are intended for and shall be used for closed-course ‘race-only’ competition use only, and that the Products are NOT compliant with E.P.A. or C.A.R.B for the use on/off public roads.
I hereby release and forever discharge Californiamotorbikes.com or any Affiliated Party from any and all claims, actions, damages, liabilities, cost or expenses and attorneys’ fees which are related to, arise out of, or are in any way connected to my participation or use of the Products offered and sold on Californiamotorbikes.com, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of Californiamotorbikes.com, the manufacture or the distributor.
I hereby surrender and waive any rights to sue or exercise any legal rights to seek damages from Californiamotorbikes.com or any Affiliated Party.
This Agreement shall be affecting and binding upon my heirs, agents, personal representatives, and assigns.
I am over the age of 18 years of age.
I have had the opportunity to ask any and all questions regarding these Terms and Conditions of Sale and the effect of the same.
I am aware that by purchasing the Products 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 hereby agree that I am responsible for my child’s activities and I hereby release all liability and waive all rights I may have in regards to my child’s activities with any Products.
I hereby agree that if any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law, such provision shall be fully severed from this Agreement and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
Questions or Concerns
Should you have any questions about the terms and conditions of this Agreement please contact us at: