Disclaimer: As defined by the Magnuson-Moss warranty Act. Do not install any performance parts or services unless you have the technical ability to properly set-up the entire machine to compensate for the installation of those parts. References in most of our literature to “bolt-on-parts” only indicate the parts are removable from the machine. It is not meant to imply that the parts can be installed without additional modifications. The necessary work and expertise needed to install different product varies. Instructions, where provided, are given to assist in installation only; they are not a substitute for mechanical experience in setting up racing vehicles. References to performance gains, reliability, ease of installation, ect. are bases on our and outside customer’s experiences. This is not a guaratee of similar performance in every installation. While we sell proven products, in the end it’s up to the individual to make the most of the product. Bikeman Performance Plus is not responsible for any personal or property damages caused by this product.
This Product Purchase Agreement ("Agreement") is entered into by and between the purchaser, the installer and/or the user (collectively, “You” or "Purchaser") and Bikeman Performance plus and its respective directors, officers, employees, and agents (collectively, "Bikeman performance"). In consideration of Purchaser's purchase, installation and/or use (collectively, the "Purchase") of Bikeman performance services and products (collectively, “Product"), and the promises and obligations herein, and intending to be legally bound, Purchaser and Bikeman perfromance hereby agree as follows:
Purchaser’s Purchase of Bikeman Performance Product is subject to this
Agreement, as well as any modifications issued by Bikeman performance to
this Agreement, and all applicable laws and regulations. BY PURCHASING
Bikeman Performance , YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THIS
AGREEMENT AND ALL TERMS AND CONDITIONS HEREIN. If you do not want to be
bound by this Agreement, do not Purchase Bikeman Performance plus.
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCT FROM Bikeman Performance
plus . READ IT CAREFULLY. NO OTHER TERMS OR CONDITIONS APPLY. BY PLACING
AN ORDER AND ACCEPTING PRODUCT YOU ARE ACCEPTING THE TERMS AND CONDITIONS
OF THIS AGREEMENT.
Bikeman performance are specialty aftermarket performance Products
intended to modify or prepare a vehicle for uses which exceed conditions
anticipated by the vehicle manufacturer. Purchasers of performance Product
are warned that these products are for race competitive or performance use
only and special warranty provisions apply.
Legality of Product
Bikeman Performance plus have been designed for race competitive
applications only. Installation on a vehicle intended for use on public
roads may violate U.S., Canadian, state or provincial laws and regulations
or the laws of other countries or jurisdictions, including laws and
regulations related to emissions and vehicle safety standards. In
addition, installation of Bikeman performance on a vehicle may adversely
affect the warranty coverage of that vehicle. Bikeman Performance makes no
representation as to the legality of any Products in various countries,
states or provinces. The Purchaser accepts all responsibility for the
final use of Product and shall hold Bikeman Performance harmless in any
legal proceeding arising from the use of such Product.
Product Disclaimer of Warranty
Products offered by Bikeman Performance plus are intended for race
competitive or performance use only, and are therefore sold "as is"
without any warranty whatsoever. Implied warranties, including warranties
of merchantability or fitness for any particular application or purpose,
are expressly excluded. It is Purchaser's sole responsibility to determine
the suitability of Bikeman performance for any application. Bikeman
Performance hereby disclaims and excludes any and all warranties for
Product offered herein pursuant to section 2316 of the Uniform Commercial
Code. Purchaser bears the entire risk as related to quality and
performance of Bikeman Performance . Should Product prove defective after
Purchase, Purchaser, NOT Bikeman Performance, assumes the entire cost of
any servicing or repair. Purchaser, NOT Bikeman Performance, assumes any
and all risks arising out of or in connection with the use of Bikeman
performance Products, including, without limitation, the risks of death,
paralysis or any bodily injury, disability and/or loss or property damage
whatsoever, wheresoever and howsoever caused, including, but not limited
to, defects, normal wear or negligence, lack of maintenance, accident,
abnormal operation, or improper installation or service, collision between
a vehicle and another vehicle, person or stationary object, skidding,
overturning, sudden stops, braking or acceleration, any Act of God, fire
or explosion; or the negligent or deliberate act of another person. THERE
IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, MADE REGARDING THE SAFETY
OF BIKEMAN PERFORMANCE PLUS PRODUCTS. PURCHASER BEARS THE ENTIRE RISK AS
TO THE QUALITY OR PERFORMANCE OF PRODUCT.
Limitation of Liability
THE LIABILITY OF BIKEMAN PERFORMANCE PLUS SHALL BE LIMITED TO THE PRICE
PAID FOR PRODUCT. WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, OR OTHERWISE, BIKEMAN PERFORMANCE SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THESE
DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS AND BUSINESS
INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
ARISING IN ANY WAY FROM ANY PRODUCT PROVIDED BY BIKEMAN PERFORMANCE, EVEN
IF BIKEMAN PERFORMANCE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
Purchaser agrees to indemnify, defend, and hold harmless Bikeman
performance from and against all claims, losses, damages, liabilities, and
costs (including, but not limited to, reasonable attorneys' fees and court
costs), arising out of or relating to the Purchase of any Bikeman
performance plus Product.
The terms and conditions herein may NOT be altered, supplemented, or
amended by the use of any additional documents or terms that purport to be
an agreement of the parties. Any attempt to supplement or amend these
terms and conditions or to enter an order for Product which is subject to
additional or altered terms and conditions shall be null and void.
Bikeman Performance reserves the unconditional right to change the design,
materials, specifications and suppliers of any Product offered byBikeman
Performance without incurring any liability or obligation to the past,
present or future Purchasers of any such product.
Bikeman Performance and its affiliates attempt to be as accurate as
possible. However, Bikeman Performance does not warrant that Product
descriptions or other content of any media placement related to their
Products, including, but not limited to, print advertisements and the
bikemanperformance.com website, are accurate, complete, reliable, current,
or error-free. If a Product offered by any Bikeman Performance media
placements is not as described, Purchaser’s sole remedy is to return it in
All prices displayed in Bikeman performance media placements are quoted
in U.S. dollars. Bikeman Performance may restrict delivery to addresses
within the United States. Bikeman performance will add shipping and
handling fees and applicable sales/use tax. Bikeman performance is licensed
in the state of Wisconsin to collect and remit sales tax. It remains the
responsibility of the Purchaser to pay all applicable sales and/or use
taxes in any other state, country, and/or province. Bikeman Performance
reserves the right without prior notice to discontinue or change
specifications and prices on Products offered in any Bikeman Performance
media placement without incurring any obligation to the Purchaser.
Products displayed in any Bikeman Performance media placement are
available while supplies last. Descriptions of, or references to, Products
in any Bikeman Performance media placement do not imply endorsement of
that Product or constitute a warranty by Bikeman Performance.
In the event that a Product is listed at an incorrect price due to
supplier pricing information or typographical error, Bikeman Performance
shall have the right to refuse or cancel orders placed for the Product
listed at the incorrect price, regardless of whether the order has been
confirmed and the Purchaser's credit card charged. If the Purchaser's
credit card has already been charged for the purchase and the Purchaser's
order is canceled, Bikeman Performance shall promptly issue a credit to
the Purchaser's credit card account in the amount of the incorrect price.
Special orders may be subject to non-cancellation, non-refund provisions.
The receipt by you of an order confirmation does not constitute acceptance
of an order by Bikeman Performance. Prior to acceptance of an order by
Bikeman performance , verification of information may be required.Bikeman
performance reserves the right at any time after receipt of Purchaser's
order to accept or decline the order, or any portion thereof, even after
your receipt of an order confirmation from Bikeman performance , for any
reason. Bikeman Performance reserves the right to limit the order
quantity on any item and to refuse service to any customer without prior
notification. BY PLACING AN ORDER, THE PURCHASER ACKNOWLEDGES AND ACCEPTS
THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING
ACKNOWLEDGEMENT OF THE WARNING AND DANGERS INHERENT IN THE INSTALLATION
AND USE OF PRODUCT ORDERED. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE
CANCEL YOUR ORDER, OR DO NOT PLACE AN ORDER.
Bikeman Performance accepts, bank wire, Visa, Mastercard, , Discover,
cashier’s check, money order and personal checks. Allow at least 10 days
for personal checks to clear. C.O.D. (cash on delivery) orders are not
accepted on any items. There will be a Twenty-five dollar ($45.00) fee for
all returned checks.
Legal Implications / OEM Warranty Implications
Because U.S., Canadian, state or provincial laws and regulations, or the
laws and regulations of other countries and jurisdictions may prohibit
removal or modification of components that were installed by the Original
Equipment Manufacturers (OEMs) to meet emission requirements or to comply
with motor vehicle safety regulations applicable to vehicles manufactured
for use on public roads, vehicles equipped with Bikeman performance
Products are not to be operated on public roads, and Bikeman performance
offers such Products for race competitive or performance use only. BIKEMAN
PERFORMANCE PRODUCTS ARE INTENDED FOR RACE APPLICATION ONLY. Installation
on a vehicle intended for use on public roads may violate U.S., Canadian,
state or provincial laws and regulations, or the laws and regulations of
other countries or jurisdictions, including laws and regulations relating
to emission requirements and motor vehicle safety standards. In
California, certain Products may legally be used on a racing vehicle which
will never be operated on public roads. In addition, installation of
Bikeman performance Products may adversely affect the warranty coverage
on the Purchaser's vehicle. Other local, state, provincial, territorial,
or international laws may apply to the use of these Products. Please check
applicable laws before Purchasing Bikeman Performance Products.
Bikeman performance makes no representation as to the legality of any
Products in various states, provinces, countries or other jurisdictions,
except where noted. The Purchaser accepts all responsibility for the final
use of Bikeman Performance Products and shall hold Bikeman Performance
harmless in any legal proceeding arising from the use of such Products.
Adherence to federal, state and local laws is the sole responsibility of
the Purchaser. Bikeman Performance assumes no responsibility for any
voided OEM warranties.
Third Party Product Disclaimer
All products manufactured by another manufacturer are warranted to the
extent of such warranty offered by that manufacturer. Products not
manufactured by Bikeman performance have no Bikeman Performance warranty.
The installation instructions (if provided) for Bikeman Performance
Products are furnished solely as a matter of convenience to the Purchaser
and should be regarded merely as suggestions to an otherwise proficient
and experienced technician. Disassembly and assembly of vehicles can be
dangerous and should always be conducted in accordance with procedures set
forth in the OEM service manuals. Furthermore, performance of Products may
be affected by the manner in which the Products are used, serviced or
installed. Purchasers of such products must rely on their own judgment as
to the suitable use, service and installation of such Products.
Proper installation and safe use of Bikeman performance Products is the
sole responsibility of the Purchaser. As part of the consideration for
purchasing any Product of Bikeman Performance , the Purchaser takes such
Product "as is" and subject to all the provisions of this disclaimer and
limitation of liability and damages.
Purchaser agrees to indemnify, defend, and hold harmless Bikeman
Performance from any claim, action or demand arising out of or incident
to the installation or use of Products purchased from Bikeman Performance
by any Purchaser.
Standard shipping is UPS ground to all 50 states; however, items may be
shipped by a variety of carriers. Email us at email@example.com with any special shipping
requests and/or requirements.
Shipping charges will be assessed when the order is placed. Purchaser's
credit card will not be charged until the order is shipped.
Bikeman Performance will carefully inspect each order shipped for
accuracy of content and evidence of physical damage or defects prior to
shipping. Bikeman Performance must be notified by the Purchaser within
seventy-two (72) hours of the receipt by the Purchaser and/or Assignee of
any discrepancies in the content found for any missing, damaged or
defective Product. The Purchaser and/or Assignee must report all damages
related to shipping to the freight carrier. Bikeman Performance directs
the Purchaser and/or Assignee to inspect all shipped Products completely
while the driver is present and have the driver note any damages. DO NOT
return any damaged Products to Bikeman Performance . All damages related
to the shipping process are the responsibility of the freight carrier, not
Bikeman Performance . Denied claims related to shipping are not the
responsibility of Bikeman Performance .
ACCEPTANCE BY PURCHASER AND/OR ASSIGNEE OF PRODUCTS SHIPPED SHALL
CONSTITUTE PUCHASER'S FULL ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Occasionally, Bikeman Performance will temporarily be out of stock on an
item. In these cases, partial shipments will be made and the back ordered
item shipped at a later date, unless complete shipment is requested. The
Purchaser will be notified of unexpected delays. Purchaser's credit card
will not be charged until the order is shipped.
Risk of Loss
All items purchased from Bikeman Performance are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to the Purchaser upon Bikeman Performances delivery to the
Bikeman Performance directs the Purchaser to fully examine each enclosed
Product carefully prior to installation. The sole warranty is that
Products offered by Bikeman Performance will be free from manufacturing
defects at the time of delivery, and prior to installation. All claims for
relief under this warranty must be made in writing or via email
(onlinesales@bikmanperformance) within seventy-two (72) hours of receipt of
defective Product. Returns must be made ten (10) days of receipt
of Product. Bikeman Performance maintains sole discretion to reject
Product for return if it determines that returned Product shows evidence
of installation or modification.
All Products returned to Bikeman Performance must be accompanied by a copy
of the original invoice to be considered for credit. Products returned
without a copy of the original invoice will be refused. Unmodified
Products judged by Bikeman Performance to be defective will be repaired,
replaced or have the purchase price refunded at the sole discretion of
Bikeman Performance .
Any non-defective Product returned to Bikeman Performance for simple
credit must be in salable condition and will be assessed a twenty percent
(20%) restocking fee. Electronic, custom or special orders are not returnable or
refundable. Purchaser shall be responsible for and prepay all return
freight and other shipping charges and shall assume all risk of loss or
damage to Product while in transit to the return address of Bikeman Performance.
No returns will be accepted after ten (10) days from original
shipment, without exception.
Please call (715) 483-3003 to speak with our friendly and knowledgeable
representatives who are on duty from 9am to 5pm CST , Monday through
Friday. Bikeman Performance representatives can also answer any questions
you have about Product specifications or installation. But remember,
proper installation and safe use of Bikeman Performance Products is the
sole responsibility of the Purchaser. Bikeman performance 's employees’ or
representatives' oral or other written statements do not constitute
warranties, shall not be relied upon by Purchaser, and are not a part of
the contract for sale or this limited warranty. If a representative is
unavailable, you can leave a message and your call will be returned
promptly. We can be reached on the internet at www.bikemanperformance.com
or via email at firstname.lastname@example.org.
This Product Purchase Agreement, document states the entire obligation of
Bikeman Performance with respect to its Products. If any part of this
agreement is determined to be void, invalid, unenforceable or illegal,
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of
the agreement shall remain in full force and effect. This entire
agreement, in whole and in part, including warranty provisions, shall be
governed by Wisconsin law to the extent allowed. Interpretation of the
terms of this agreement must be done using Wisconsin law.
Bikeman Performance has properly presented the required pre-sales
notification of its warranty terms. Bikeman Performance is neither liable
nor responsible for ascertaining whether those terms have been read and/or
understood by the Purchaser.