Terms & Conditions
These terms and conditions (“Terms and Conditions”) govern the use of all parts, products, materials, labor, services and websites (the “ Products and Services”) offered and/or provided to you by Motowhips, LLC (“Motowhips”). You agree to accept these Terms and Conditions through your use of the Products and Services or by continuing to use the Products and Services after being notified of a change to these Terms and Conditions. You further represent that by requesting and/or using any Products and Services provided by Motowhips that you have reached the age of majority and are competent to enter into binding contractual agreements, including these Terms and Conditions.Back
1. ALL SALES ARE FINAL. All sales of any parts, products or services provided by Motowhips to you are final. Motowhips does not accept requests for refunds or exchanges of any parts, products or services.
2. PAYMENT. Payment for all Products and Services are due and payable prior to shipping and/or pick up of the Products and Services, but in no event later than three days after Motowhips notifies you that the Products and Services have been completed.
3. NO WARRANTIES. Motowhips makes no warranties, express or implied, guarantees or conditions with respect to any Products and Services that you purchase from Motowhips or your use of any of the Products and Services. You understand that your use of the Products and Services provided by Motowhips are at your own risk and that Motowhips provides all Products and Services to you on an “as is” basis. You bear the entire risk of using the Products and Services provided by Motowhips. Motowhips does not guarantee delivery of any of the Products and Services by a specified date. To the extent permitted by law, Motowhips expressly disclaims any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement for the Products and Services.
4. ASSUMPTION OF RISK. You hereby represent that you are familiar with, and have knowledge of, the substantial risks, dangers, hazards and perils, including the possibility of serious injury or death, involved in riding and racing recreational vehicles such as motorcycles, ATVs, and the like, and otherwise performing riding/racing activities at racing events and practice sessions on such recreational vehicles. You hereby fully assume any and all responsibilities and liabilities for such risks, including, without limitation, any damage or destruction of your property or that of any third party and any bodily injury or death to you or any third-party as a direct or proximate result of any malfunction or failure of the Products and Services; defects in the Products and Services, including the incorrect use or incorporation of parts or products, the use or incorporation of incorrect parts or products, or incorrect product installation; vehicle transportation and testing; and vehicle riding, racing or testing. Motowhips is not liable for any error in specifications, part numbers, product listings, prices or model applications or for any damages, bodily injury or death resulting therefrom.
You further acknowledge and agree that the Products and Services may result in a change to the handling and performance of your vehicle. Only a qualified technician should install parts and components on your vehicle and that all parts and components must be properly installed with all required lubricants and/or thread locking compounds and that all fasteners must be torqued as instructed or to the manufacturer’s original specifications. You further acknowledge and agree that recreational vehicles require periodic inspection and maintenance, including parts purchased from or services performed by Motowhips. You agree to comply with any instructions provided to you by Motowhips or to abide by the original manufacturers specifications with regard to inspection, replacement of wear items, torque requirements and routine maintenance. You acknowledge that racing, extreme terrain or conditions, or other uses not originally intended by the manufacturer can accelerate the need to inspect parts, replace wear items and perform maintenance more often. You agree to consult the instructions supplied by Motowhips in connection with any Products and Services rendered or the motorcycle manufacturer’s original specifications for further details. You acknowledge that any parts purchased or services provided that are not installed correctly, used as intended and maintained properly may result in failure causing serious injury or death to yourself or others, as well as damage to property. Motowhips strongly advises the use of all high quality safety equipment available when using recreational vehicles.
5. LIMITATION OF LIABILITY. If you have any basis for recovering damages against Motowhips regardless of the theory of liability, whether contractual or tortious in nature, you agree that your exclusive remedy is to recover, from Motowhips, direct damages up to an amount equal to any sums that you paid to Motowhips in connection with any Products and Services. You cannot recover any other damages or losses, including compensatory, consequential, special, indirect, incidental, or punitive damages. These limitations and exclusions apply even if the remedy set forth in this provision does not fully compensate you for any losses. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to these Terms and Conditions and/or the Products and Services.
6. INDEMNITY. You agree to indemnify, defend and hold Motowhips (including its successors, assigns, members, officers, directors, representatives, employees, attorneys and agents) harmless from and against any and all claims, suits, liabilities, losses, damages, costs and expenses (including attorney’s fees) arising out of, or related to, these Terms and Conditions, the Products and Services, and/or any damage or destruction of your property or that of any third party and any bodily injury or death to you or any third-party as a direct or proximate result of any malfunction or failure of the Products and Services; defects in the Products and Services, including the incorrect use or incorporation of parts or products, the use or incorporation of incorrect parts or products, or incorrect product installation; vehicle transportation and testing; and vehicle riding, racing or testing.
7. DISPUTE RESOLUTION. You agree to have any and all disputes that arise out of, or relate to, these Terms and Conditions and/or the Products and Services provided by Motowhips to you, decided only by binding arbitration in accordance with the rules of the American Arbitration Association and not by court action, except as provided by California law for judicial review of arbitration proceedings. Venue for the arbitration or any other legal proceedings shall be in Los Angeles County, California. You irrevocably and unconditionally consent to personal jurisdiction in California and venue in Los Angeles County in any action, including, without limitation, petitions to compel arbitration and to enforce that arbitration award, relating to the dispute. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In agreeing to this arbitration provision, you and we are each specifically giving up, among other things:
(A) All rights you and we may possess to have such disputes decided in court or by jury trial; and
(B) All judicial rights, including the right to appeal from the decision of the arbitrator(s), except as provided by California law for limited judicial review of arbitration proceedings.
WARNING: Crude oil, gasoline, diesel fuel and other petroleum products can expose you to chemicals including toluene and benzene, which are known to the State of California to cause cancer and birth defects or other reproductive harm. These exposures can occur in and around oil fields, refineries, chemical plants, transport and storage operations such as pipelines, marine terminals, tank trucks and other facilities and equipment. For more information go to: www.P65Warnings.ca.gov/petroleum.