This Terms and Conditions of Sale (the "Agreement") constitutes a
binding legal contract between you and Tiger Motion, Inc. ("Tiger
Motion, Inc. DBA Neo Scooters"), the owner and operator of the NeoScooters.com
website (the "Site"). By ordering any product or service via the
Site, you signify your acceptance of this Agreement, as it may be
amended or supplemented from time to time. Changes to this Agreement
will be effective when posted.
Purchasers Responsibility
You must inspect all equipment before using it and to take full
responsibility for assuring that the equipment is in good working
order and safe to use. You further understand that you are
responsible for damage to equipment. Purchaser understands the
nature of motor scooter riding and motorcycle related activities and
acknowledges that Purchaser is qualified to operate said motor
scooter, and is in proper physical condition to participate in such
activity. Purchaser agrees to assume all risks when allowing others
to operate Purchaser s scooter. If Purchaser is not familiar with
the nature of motor scooter riding, Purchaser should seek
professional training before operating a scooter.
Inherent Risks
Warning! Scooter riding activities involve the risk and danger of
serious bodily injury including, but not limited to, disability,
paralysis, dismemberment and death. These inherent risks and dangers
may be caused by Purchasers 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. There may be additional risks, including
social and economic loss, either known or unknown to Purchaser, not
readily foreseeable, and Purchaser fully accepts and assumes
responsibility for all such risks, losses, costs, and damages
incurred as a result of Purchasers participation in scooter riding
activity.
Operation, Registration, and License
Products are not regulated by the U.S. Department of
Transportation as motor vehicles (except the gas series in some
states). Therefore, they do not necessarily comply with the Federal
Motor Vehicle Safety Standards. It is the customers? responsibility
to check with their local authority since the law varies state by
state.
Purchaser is responsible for registering and operating the motor
scooter in accordance with local and state laws and ordinances.
Seller makes no representations that the motor scooter is legal for
operation in your City and State.
Disclaimer
Although there are no uniform legal age
restrictions for the use of motorized scooters, we recommend that
only individuals of legal age use any of the scooters sold by Tiger
Motion, Inc. DBA Neo
Scooters. Children may use products under adult supervision and
under the guardian?s own discretion. Check with your local
authorities for area specific rules and regulations. Adult guardian
assumes all responsibilities associated with the use of these
products by minors. Customers understand that the use of these
products can cause injury or death. To prevent it, we strongly
recommend the use of the safety equipment such as helmet and knee
pads. The user holds Seller and his agents harmless from any
liability. Purchaser obtains her/his own insurance. Seller assumes
no suitability of any of these products as to size, age and other
factors largely depend on personal discretion.
Return / Refund / Cancellation Policies
Once your item has left the warehouse, your order cannot be
'canceled'. Cancellations are only accepted within the first 24
hours of order submission. If such case occurs where the item is
already in transit, you are responsible for all shipping and
insurance costs to return the item to us. Items returned must be
still in their original, unopened box with no damage or parts
missing. All returns and cancellations are subject to a 15%
restocking fee (except Rad2Go scooters which
are subject to a 20% restocking fee). Original shipping cost and return postage is
non-refundable.
Any and all returns must be authorized in advance. If you fail to do
so, we will be forced to refuse your package and it will be returned
to you.
All Sales are final. Absolutely no refunds on any open or used
item - no exceptions.
Disclaimer of Warranties
Tiger Motion, Inc. DBA Neo Scooters warrants that it will replace any missing or defective
parts within the thirty (30) days following your delivery date of
the item after which time you assume the cost of buying a
replacement parts.
This warranty does not cover normal wear and tear, normal
maintenance items, or any damage, failure, or loss that is caused by
abuse, improper assembly, electrical parts, adjustment, storage, or
use of the product.
Warranty will be void if the product is ever used in any
competitive sport, altered, misused or modified, ridden by more than
one person at a time or used for stunt riding, jumping or similar
activity.
THE FOREGOING WARRANTY AND RETURN POLICY IS MADE EXPRESSLY IN LIEU
OF ANY OTHER WARRANTIES OR GUARANTIES. Tiger Motion, Inc. DBA
Neo Scooters EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE
LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN
GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE. IF A PRODUCT HAS BEEN PURCHASED FOR
CONSUMER USE AS DEFINED BY 15 U.S.C. ? 2301, ANY IMPLIED WARRANTY OR
WARRANTIES SHALL EXPIRE ON EXPIRATION OF ANY EXPRESS WARRANTY.
Waiver and Limitation of Liability
You hereby acknowledge that the warranty provided herein and the
accompanying obligations and liabilities of Tiger Motion, Inc.
DBA Neo Scooters are
exclusive and you hereby waive all other remedies, warranties,
guarantees or liabilities, express or implied, arising by law or
otherwise, whether or not occasioned by the negligence of Tiger
Motion, Inc. DBA Neo Scooters. You acknowledge by your use of
Tiger Motion, Inc. DBA Neo Scooters' products that
your use of the products and any reliance upon them is at your sole
risk, and that you assume full responsibility for all costs
associated with all necessary servicing or repairs of any Tiger
Motion, Inc. DBA Neo Scooters' products.
Tiger Motion, Inc. DBA Neo Scooters HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU
HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT Tiger Motion, Inc.
DBA Neo Scooters WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL,
STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND
OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS,
ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER
CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY
PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY
TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS
DEFINED BY 15 US C. ? 2301.
Follow all instructions and heed all warnings accompanying any
product ordered from the Site. Some products may not be suitable for
children and should be kept out of the reach of children. All tools
used for construction of scooter products must be used carefully and
with adult supervision.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS
A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Tiger
Motion, Inc. DBA Neo Scooters ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA
THE SITE.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Tiger
Motion, Inc. DBA Neo Scooters FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND
EXPENSES, INCLUDING ATTORNEYS? FEES, ARISING FROM OR RELATED TO YOUR
USE OF THE PRODUCTS PURCHASED VIA THE SITE.
Governing Law and Venue
This Agreement, the entire relationship between you and Tiger
Motion, Inc. DBA Neo Scooters, and any litigation or other legal proceeding between you
and Tiger Motion, Inc. DBA Neo Scooters (whether grounded in tort, contract, law or equity)
shall be governed by and construed in accordance with the laws of
the State of California, without giving effect to its choice of
law rules. This contract is fully performable in Almeda County,
California
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