Power Dirt Bikes Terms and Conditions

Terms and Conditions

  

 

Agreement

Welcome to PowerDirtBikes.com. The following Terms and Conditions apply to your use of the website, services and any purchases made by internet or by phone and form a legally binding contract between you and Power Dirt Bikes LLC. Use of this website and purchase from this website and phone orders constitutes an affirmation from you that you have read, understand and accept all Terms and Conditions contained herein.

 

Use

Please read the following Terms and Conditions carefully before using this website. Your access to and use of this site is subject exclusively to the following Terms and Conditions and other applicable law. You may not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not agree to and accept these Terms and Conditions you must immediately stop using the website.

 

Governance

Your use of this website and exclusive jurisdiction over and venue for any disputes or legal proceedings with PowerDirtBikes.com shall be governed in all respects by the laws of the USA, without regard to choice of law provisions or its conflict of laws principles. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises.

 

Severance

If any provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then the invalidity of such Term or Conditional shall not affect the validity of the remaining Terms and Conditions, which shall remain in full force and effect and continue to be binding and enforceable. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term of condition or of any other term or condition. PowerDirtBikes.com’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. PowerDirtBikes.com may assign its rights and duties under this Agreement to any party at any time without notice.

 

Termination and Changes

These Terms and Conditions, or any part of them, may be terminated, replaced or modified by PowerDirtBikes.com without notice, at any time, for any reason.

 

Harassment

Harassment in any form or manner on the site or related to the website, including via email, chat, any social media platform or by use of obscene or abusive of defamatory language, is strictly forbidden. Impersonation of others, including a PowerDirtBikes.com or other representative, as well as other members or visitors on this website is prohibited. You may not distribute or publish through the site any content which is defamatory, obscene, offensive threatening, abusive, illegal, fraudulent, deceptive, invasive of privacy or publicity rights, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to use or join any other commercial online line retailer, service or other organization.

 

Participation Disclaimer

PowerDirtBikes.com does not review all communications and materials posted to or created by users of the website, and is not responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute any user-generated content on the site, PowerDirtBikes.com is merely acting as a channel for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site. PowerDirtBikes.com reserves the right to block or remove communications or materials that it determines to be defamatory, obscene, offensive, threatening, abusive, illegal, fraudulent, deceptive, invasive of privacy or publicity rights, copyright or trademark infringement, or otherwise unacceptable to PowerDirtBikes.com at its sole discretion.

 

Right to Refuse Service

PowerDirtBikes.com reserves the right to refuse service to anyone at any time for any reason.

 

Indemnity

You agree to indemnify, defend and hold harmless PowerDirtBikes.com, its officers, directors, managers, employees, agents, licensors, parent companies, suppliers and any other affiliated persons or entities from and against all liabilities, injuries, medical expenses, losses, expenses, damages and costs, including reasonable attorneys’ fees, in relation to or resulting from use of a unit purchased, any violations of these Terms and Conditions, or other liabilities related to your purchase or arising out of your use of this website by you or any other person accessing the website.

 

Before purchasing from this website, you agree that you have done the appropriate research and will handle the unit in compliance with the laws of your state and local laws for off-road and on-road vehicles. You agree unequivocally and without exception to indemnify, defend and hold harmless PowerDirtBikes.com, its officers, directors, managers, employees, agents, licensor, parent companies, suppliers and any other affiliated persons or entities from and against all liabilities, injuries, medical expenses, losses, expenses, damages and costs, including reasonable attorneys’ fees, directly or indirectly in relation to or resulting from your purchase or use of any product sold or mentioned on this website

 

Advice

The contents of the PowerDirtBikes.com website do not constitute advice and should not be relied upon in making, or refraining from making, any decisions. We can only offer specifications related to products.

 

Important Limitations on Your Rights

You, as the consumer, are aware that by purchasing any item(s) and sending payment for it/them, you assume all risk, and waive and release all legal rights that you may have or possess. You, as the consumer, therefore release all liability and waive all legal rights you may have concerning any items purchased from PowerDirtBikes.com. Any and all issues or problems will be solved in accordance with these Terms and Conditions.

 

In purchasing a product from PowerDirtBikes.com, once that product has been shipped, you agree to waive your right to chargeback your credit card under any circumstance and will handle any and all issues in accordance with these Terms and Conditions

 

Privacy

Your privacy is important to us. Your information, whether public or private, will not be sold, exchanged, transferred or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. Please see our Privacy Policy for a detailed explanation.

 

Order Processing

In most cases, we will process your order within 48 hours after your payment is received and confirmed. Orders received on weekends and holidays will be processed within 48 hours of the next business day. All orders placed on Fridays after 1:00 pm PST will be processed within 48 hours of the following Monday.  During holiday seasons, due to extremely high volume, it may take a full 48-72 hours to process orders. In order to ensure quick order processing, please input all information correctly and provide clear instructions if you require them. We may need to verify information before processing your order which may extend processing and delivery times.

 

Fraud

Power Dirt Bikes takes fraud very serious and will help law enforcement as much as possible to prosecute anyone that tries to commit it.

Chargebacks

Power Dirt Bikes LLC handles every credit card chargeback differently. If we feel that is is a fraudulent, dishonest or a buyers remorse chargeback, Power Dirt Bikes LLC will have their lawyer dispute it and will file with the court. The lawyer rate of $85 an hour will be charged also to the claimant of the chargeback.

Shipping

We understand that getting your product(s) quickly is very important to you, so we make every effort to process and ship your order promptly. Estimated delivery times are 2-10 business days after your order has been shipped, depending on your state. Delays may occur due to extremely high volume during holidays, inclement weather or other unforeseen events. We are unable to make guarantees of an exact delivery day or time. Orders cannot be canceled or refused due to extension of delivery schedule. If you would like your order rushed, please contact us. You may incur an additional shipping fee. We’ll make every attempt to get your product delivered in a short period of time.

 

Any change of delivery address after your order is placed may incur an address change fee. Please make sure to verify the correct shipping address before placing your order.

In the event that a customer refuses shipment at the time of delivery, the customer will be charged a 30% restocking fee as well as the cost of shipping the unit back.

 

Initial shipping is FREE at PowerDirtBikes.com.

Product Delivery and Inspection (important) Customer is responsible for inspecting for shipping damage.

In most cases, your order is shipped in a secure frame with a box covering. It is securely packaged to prevent any damage during transit however, damages do still occasionally occur. When your order is delivered, sometimes the exterior box is damaged, but the product itself is fine. Please remove the exterior box and inspect the product. If there are any damages or defects to the packaging and/or unit due to how the shipping company handled the package (such as scratched or broken body pieces), please note that on the delivery receipt (proof of delivery) and make sure that both you and the driver have a copy. Please also take pictures and email them and an explanation to heather@PowerDirtBikes.com to file a claim. This claim must be emailed to us within 48 hours of delivery of your product. If your claim is approved we will ship you new parts or panels right away at no charge. Any delivered orders without notations of damages or defects on the delivery receipt means you have received and accepted your order (as is) in good condition. You alone are responsible for inspecting your unit upon delivery. The delivery driver will not do it for you.

 

If you remove the box and see that the unit is severely damaged beyond repair (not just scratched or with broken body panels), please call us at 781-667-3386 to report the issue immediately. If approved, we will notify you to refuse delivery of the unit and to notate “refused due to extreme damages” on the delivery receipt. We will process a replacement unit and ship it to you. If you refuse the shipment and do not notate “refused due to extreme damages” on the delivery receipt and if you do not have permission to refuse from our company, then we cannot file a claim for you and you will be responsible for all shipping fees. Please understand that you must follow these guidelines in order to have your claim approved and that any requests for a damage claim without the above notation will not be approved.

Return Policy

60 DAY MONEY BACK GUARANTEE!

We strive to provide quality customer service and want our customers to be completely satisfied. If you are not completely satisfied for any reason, you may return your purchase within 60 days or 500 miles which ever comes first, for a partial refund of the purchase price, and other additional charges.

If you do not have the original packaging, manuals, or the item is slightly used, that's okay too. We will still process a return with a small deduction on your refund for what is missing. We do not accept any return vehicle that has any sustained damages.

  • 25% - 35% restocking fee may be applied according to the condition.

  • Buyer is responsible for shipping charges on a return.

WARNING: If you have received and signed for your vehicle from the carrier and there is damage to the crate Power Dirt Bikes is not responsible. It is the customers responsibility to inspect the crate when it arrives and either refuse delivery or take photos of the damage so a claim can be filed to the freight company. By accepting your item you agree to waive your rights to file a chargeback claim against Power Dirt Bikes. Please read the following Return Policy Terms thoroughly: In order to return a item(s) to our company you must follow our return process completely. Once an item(s) are scheduled for delivery an adult 18 years or older must be present to inspect and sign for the item(s). If an adult is not available to sign for the delivery at the time if delivery you waive any and all rights to file damage claims, credit card chargebacks, and you may not return the item for a replacement. Once the item is unloaded from the truck the adult (18 years of age or older) must inspect the package and its contents. If any damage or missing parts are noticed it MUST be notated in writing on the packing slip before it is signed and delivery is accepted. Take as many pictures or videos of any and all damages notated. These photos are MANDATORY for all damage/return claims. BE AWARE: Minor scratches and damages caused by the shipping carrier are not grounds for refusal. Any item(s) refused and returned without approval from one of our representatives or a valid R.M.A. number on the packaging will be subject to a 25% to 35% restocking fee and you will be responsible for the cost of shipping(original and return shipping).

 

In order to return ANY/ALL ITEM(S) you must follow these steps.

1.Contact a customer service agent by phone or email. For faster service please submit a Return Request online through SERVICE request. Our customer service department will review your request send you RMA number if approved. BE AWARE: Any unauthorized packages returned without a valid RMA number written on the exterior packaging will be refused and sent back to the customer. Any Freight collect and COD packages will not be accepted and returned at your expense;

2. Merchandise returned must be received in 100% new, re-sellable condition;

3. Merchandise is not eligible for refund if it has been fueled, ridden, worn, used, abused or damaged in any way. Merchandise must arrive upright, properly secured and completely packaged (including warranty cards, manuals, accessories, promotional items, etc.) and/or in the original packaging;

4. All returns are subject to a 20% to 35% restocking fee for new, resell-able items returned;

5. Original shipping charge is non-refundable and will be deducted from the refund amount;

6. Refunds will be processed upon the product receiving back to our warehouse and an inspection of returning product. Any damage that was not originally notated or any damages acquired from not properly securing or packaging your item will be notated and subtracted from your refund amount. The original shipping expense and 20% restocking fee will be deducted from all items returned for a refund.

7. Minor cosmetic damage due to shipping (i.e. small cosmetic scratches on plastic) are not covered under our or our manufacturers warranty and is not grounds for a return, we will send you out replacements part(s)/item(s) and/or assist you in filing a shipping damage claim to receive monetary compensation.

8. Shipping: To return your product, you must ship your product to us, NOT the warehouse. The item must be shipped upright and in a way to prevent any damages from occurring during transportation to us. A valid R.M.A. number must be on the outside of the packaging along with your shipping labels. Contact a customer service agent for assistance with packaging instructions. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. REMEMBER: * Gas scooters that have been ridden in any way or gas scooter parts that have contained gasoline cannot be returned and the sale is final. Gasoline is a hazardous, flammable material and anyone who sends it via the mail may be subject to fines and/or a refusal of refund. By selecting the box below you have read and agree to the terms of our return policy stated above.

 

Order Cancellation

All cancelled orders are subject to a 5% cancellation fee. This includes the sale prices and does not include additional shipping, tax or other associated charges. Order cancellation requests must be in writing and must be emailed to heather@PowerDirtBikes.com. Refunds usually post within 7-10 business days. Any orders that have already shipped cannot be cancelled.

 

Refused Delivery

Delivery of items may not be refused. If buyer refuses delivery or if a shipment returns due to an inability to contact the buyer, the buyer will be charged the initial shipping cost, return shipping cost plus a 30% restocking fee to cover the time, labor and materials invested in preparing the shipment.

 

SHIPPING & RETURNS

Shipping Policy

NOTE: Vehicles ship separately from accessories.


We use third party LTL (less than truck load) transportation companies to deliver vehicles and UPS or USPS to deliver parts/accessories. LTL Transit time may take, but is not limited to, 2-10 business days depending on your address and its distance from the nearest distribution center. During holiday seasons, transit times may result in an additional 3-5 business days to deliver. Orders cannot be canceled or refused due to extended transit schedules. 

Shipments cannot be refused for delivery. If you receive your item(s) in unsatisfactory condition due to shipment damage or are missing an item(s), you must notify us within 2 business days by filing a claim on our website. 

If your item does not ship within 14 business days (excluding time awaiting for customer to provide requested further information), you can request to receive a full refund and cancel your order. 

 

 

Expected Delivery Time

 

The table and map below will guide you to estimate your expected delivery time frame FROM THE TIME THE UNIT(S) SHIP OUT

 

Your State Expected Delivery Time

AZ, CA, CO, MT, NM, NV, OR, UT, WA, WY

7-10 Business Days 
 

AL, GA, IL, IN, LA, MI, MN, MO, ND, OH, OK,

7-10 Business Days

KY, ID, MS, NC, SC, VA

7-10 Business Days 

CT, DC, DE, MA, ME, NH, NY, RI, VT, WV, FL, MD, NJ, PA

8-12 Business Days 

HI, AK

We currently do not ship to these states


 

Free Shipping

We offer free shipping on some of our units. When free shipping is offered, it applies to most destinations in the continental US. It does not include HI, AK or US territories, or any International destinations. It also does not include some remote areas in the continental US. If you're curious about the location where you live, contact our customer service team. (Note: It is very unusual for an address in the continental US to not be covered by the free shipping. Manhattan and islands that can only be reached by boat or airplane are the most common).

 

Shipping Notice

Certain area will be charged for extra shipping fees depending on billing address. 

The table below is special shipping rate. 

Your State and County Extra Shipping Fees ($)

Martha's Vineyard BARNSTABLE 

 

Additional 

Manhattan Island BROOKLYN, THE BRONX, NEW YORK, STATEN ISLAND, QUEENS 

Boroughs of NYC

QUEENS, RICHMOND, KINGS, NEW YORK

100 
 

Arizona

MARICOPA, PINAL, GILA, PIMA, YAVAPAI, LA PAZ, YUMA, MOHAVE, GRAHAM, GREENLEE, COCHISE, SANTA CRUZ, NAVAJO, APACHE, COCNINO

100 
 

Colorado

JEFFERSON, ARAPAHOE, ADAMS, BROOMFIELD, BOULDER, ELBERT, DOUGLAS, EL PASO, DENVER, PARK, GILPIN, EAGLE, SUMMIT, ROUTT, LAKE, GRAND, JACKSON, CLEAR CREEK, SUMMIT, WELD, LARIMER, MORGAN, WASHINGTON, PHILLIPS, LOGAN, YUMA, SEDGWICK, CHEYENNE, LINCOLN, KIT CARSON, TELLER, PUEBLO, LAS ANIMAS, KIOWA, BACA, OTERO, CROWLEY, BENT, HUEFANO, PROWERS, ALAMOSA, CONEJOS, ARCHULETA, LA PLATA, COSTILLA, RIO GRANDE, SAGUACHE, COSTILLA, CHAGGEE, GUNNISON, FREMONT, MONTROSE, HINSDALE, DOLORES, SAN MIGUEL, MONTEZUMA, DELTA, SAN MIGUEL, OURAY, SAN JUAN, MESA, GARFIELD, MOFFAT, PITKIN, RIO BLANCO

100 
 

California

LOS ANGELES, ORANGE, VENTURA, SAN BERNARDINO, RIVERSIDE, SAN DIEGO, IMPERIAL, INYO

100 
 

Florida Keys MONROE 

100 

 

Montana FLATHEAD, LINCOLN, LAKE, RAVALLI, SANDERS, MINERAL, MISSOULA, GRANITE, POWELL, BEAVERHEAD, GALLATIN, JEFFERSON, DEER LODGE, MADISON, SILVER BOW, LEWIS AND CLARK, BROADWATER, MEAGHER, BLAINE, PHILLIPS, LIBERY, HILL, CHOUTEAU, FERGUS, CASCADE, PONDERA, TOOLE, JUDITH BASIN, TETON, GLACIER, FALLON, WIBAUX, ROSEBUD, POWDER RIVER, CARTER, CUSTER, DAWSON, PRAIRIE, DANIELS, MCCONE, VALLEY, RICHLAND, SHERIDAN, ROOSEVELT, YELLOWSTONE, BIG HORN, PETROLEUM, PARK, WHEATLAND, TREASURE, GOLDEN VALLEY, MUSSELSHELL, VARBON, STILLWATER, SWEET GRASS, MEAGHER 

100 

 

Nevada CLARK, LINCOLN, NYE, ESMERALDA, WHITE PINE, LANDER, EUREKA, WASHOE, LYON, HUMBOLDT, MINERAL, PERSHING, DOUGLAS, STOREY, CHURCHILL, CARSON CITY, ELKO MEAGHER 

100 

 

Oregon MALHEUR, BAKER, HARNEY, UMATILLA, WALLOWA, UNION, WHEELER, GRANT, GILLIAM, MORROW, JEFFERSON, DESCHUTES, KLAMATH, LAKE, JOSEPHINE, JACKSON, CURRY, LANE, COOS, BENTON, YAMHILL, LINN, MARION, POLK, WASHINGTON, MULTNOMAH, CLACKAMAS, TILLAMOOK, CLATSOP, SHERMAN, COLUMBIA, HOOD RIVER, WASCO 

100 

 

Utah WASHINGTON, GARFIELD, WAYNE, IRON, SEVIER, KANE, BEAVER, PIUTE, MILLARD, JUAB, SANPETE, UTAH, CARBON, GRAND, EMERY, SAN JUAN, WEBER, CACHE, BOX ELDER, SALT LAKE, SUMMIT, DAVIS, TOOELE, DUCHESNE, RICH, UINTAH, MORGAN, WASATCH, DAGGETT, DAVIS 

100 

 

Upper Peninsula (Michigan) ALGER, BARAGA, CHIPPEWA, DICKINSON, GOGEBIC, HOUGHTON, IRON, KEWEENAW, LUCE, MACKINAC, MARQUETTE, MENOMINEE, ONTONAGON, SCHOOLCRAFT, DELTA 

100 

 

Washington KITTITAS, KING, SNOHOMISH, KITSAP, SKAGIT, SAN JUAN, WHATCOM, ISLAND, PIERCE, CLALLAM, JEFFERSON, LEWIS, THURSTON, GRAYS HARBOR, MASON, COWLITZ, PACIFIC, KLICKITAT, SKAMANIA, WAHKIAKUM, CLARK, CHELAN, DOUGLAS, OKANOGAN, CHELAN, GRANT, YAKIMA, KITTITAS, SPOKANE, STEVENS, WHITMAN, LINCOLN, ADAMS, FERRY, PEND OREILLE, WHITMAN, FERRY, FRANKLIN, WALLA WALLA, COLUMBIA, WHITMAN, BENTON, ASOTIN 

100 

 

Wyoming TETON, LINCOLN, SUBLETTE, SWEETWATER, UINTA, SHERIDAN, JOHNSON, CAMPBELL, WESTON, CROOK, NATRONA, FREMONT, CONVERSE, CARBON, PARK, BIG HORN, HOT SPRINGS, WASHAKIE, GOSHEN, NIOBRARA, PLATTE, ALBANY, LARAMIE 

100 

 

Assembly and Maintenance

Our products require mechanical knowledge in order to be properly assembled and maintained. Many items will be shipped in a crate and will come roughly 70-80% assembled (assembly varies by vehicle). Purchaser is responsible for making sure the item is properly assembled. We strongly suggest that you take your vehicle to be properly assembled and inspected by a certified and licensed mechanic to ensure everything is done properly and safely. Assembly may include, but is not limited to, attaching mirrors, wheels, fender, handlebars, kickstand, trunk (if included), battery, checking tightness of nuts and bolts, changing oil, etc. Occasionally, some units may need other routine items checked and adjusted such as the carburetor idle and mixture screws, chain slack, alignment, shocks, brakes, clutch, ensuring wire connectivity, etc. Be sure to check for appropriate engine fluid levels to ensure your vehicle is operating under the recommended conditions prior to use. PowerDirtBikes.com will not be responsible for any liabilities, losses, costs, expenses, damages, medical expenses, injuries or deaths incurred due to improper assembly and/or improper maintenance. Not having the vehicle assembled and maintained by a certified and licensed mechanic may, in certain cases, render your warranty null and void. If you elect to assemble and maintain the vehicle yourself, please do so thoroughly and safely. Please read our Post Delivery Inspection Guide, though this manual may not encompass all checks or modifications needed for safe use of all units and products sold on PowerDirtBikes.com. We are not held responsible and do not compensate for any outside labor costs whatsoever.

 

Also, please keep in mind that the manufacturer supplied manual or assembly video may not be specific to your vehicle. Since 50cc vehicles are very similar mechanically and 150cc vehicles are very similar mechanically, the manual and assembly video covers the basics and offers sufficient instructions to assemble your vehicle. If you do not feel comfortable assembling it, we highly recommend getting the vehicle assembled and serviced by a certified and licensed mechanic.

 

We will gladly try our best to answer any question you may have, although it can be difficult troubleshooting over the phone. Ultimately, it is your responsibility to get your Dirt Bike, Scooter or ATV assembled and running. We provide online documentation on how to assemble and troubleshoot many models. We also have a helpful YouTube channel that you can refer to. It is filled with how-to videos and assembly videos of various models. There are also many helpful videos here which help with maintenance and troubleshooting solutions.

 

Our vehicular products come crated and partially unassembled direct from the manufacturer. A common misconception is that these Dirt Bikes and ATV are "Assemble & Go" type Dirt Bikes and ATV. Our Dirt Bikes and ATV are guaranteed to have everything needed to run. They are NOT, however, guaranteed to run out of the box. Most Dirt Bikes and ATV will start up after assembly, but a small minority will not and will require maintenance. Issues may include, but are not limited to, dead batteries, unplugged connections, bad fuses, bad CDIs, clogged carburetors, bad starters, faulty spark plugs, kinked fuel lines, loose nuts/bolts/screws, etc. When you purchase a scooter in the crate you will pay a fraction of what you would pay at a physical dealership, and it is your responsibility to ensure that your scooter is set up and runs properly.

 

Vehicle Model Years

All Dirt Bikes and ATV come in never used and brand new condition. Please keep in mind that Chinese VIN numbers are typically one year behind the USA calendar year and also model years vary according to the vehicle model and color. In some cases, less popular models or colors might have a model year that is one to three years old. This does not mean the vehicle is defective in any way, it just means that it sat in a warehouse for a longer period of time, still brand new in the box. The only thing effected might be the battery and it might need recharging or replacing upon delivery. If that is the case, please recharge the battery (many local auto parts stores offer this service for free) or please contact us and we will replace the battery if necessary. There are no returns based on the model year of the vehicle. If you would like to know the year, please ask BEFORE placing your order.

 

Vehicle Engine Size

Please note that "cc" of the engine is not always exactly what it is, it is always rounded up. Ex. If it says it is a 200cc, it is usually anywhere between a 170cc and a 196cc. It varies from vehicle to vehicle. 

 

Drop-shipper Disclaimer

Products sold on PowerDirtBikes.com are being drop-shipped from the manufacturer and are not tested or handled in anyway by anyone at PowerDirtBikes.com. The units ship straight from the manufacturer’s warehouse to the customer. The customer is responsible for the post-delivery inspection or having a certified licensed mechanic perform the post-delivery inspection to secure all nuts, bolts, hoses, lines, tires, adjust brakes, change engine and gear oil and anything else necessary to ensure that the vehicle is ready to be safely operated. Please read our Post Delivery Inspection Guide, though this manual may not encompass all checks or modifications needed for safe use of all units and products sold on PowerDirtBikes.com.

 

Inherent Risks and Purchaser’s Responsibility

Warning! Products sold by PowerDirtBikes.com and participation in activities involving products sold by PowerDirtBikes.com involve the risk and danger of serious bodily injury and death. These inherent risks and dangers may be caused by the purchaser’s or operator’s own actions or inactions, the actions or inactions or others, participating or not participating in the activity, the condition in which the activity takes place, the negligence of others, the vehicle itself or other vehicles. There may be additional risks, including social and economic loss, either known or unknown to the purchaser or operator, not readily foreseeable.

 

The purchaser and operator fully accept and assume responsibility for all such risks, losses, costs and damages incurred as a result of the purchaser and operator’s use or non-use of the vehicle, others’ use and operation of purchaser’s vehicle(s) or other products, or as a result of his or her or others’ participation in the activity. The purchaser understands the nature of Dirt Bikes and ATV, ATVs, electric bicycles, dirt bikes, pit bikes, go karts, and other related activities and acknowledges that he or she is qualified to operate these vehicles, and is in proper physical condition to participate in such activities. Purchaser confirms that he or she understands the use of these products before purchasing. Purchaser further understands that he or she alone is responsible for damage to the equipment. The purchaser must inspect all equipment before using it and take full responsibility for assuring that the equipment is in good working order and is safe to use. PowerDirtBikes.com will not be liable or held responsible for misuse of any products purchased from PowerDirtBikes.com or for any liabilities, losses, costs, expenses, damages, medical expenses, injuries or deaths incurred due to purchase and/or use of products purchased from PowerDirtBikes.com.

 

Force Majeure

We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of God, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data, or for damage to or destruction of premises or equipment. All notices that we need to give to you under these terms and conditions will be sent by us to your registered e-mail address. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.

 

License and Registration

Customers and operators are responsible for registering and operating the vehicles in accordance with local and state laws and ordinances. PowerDirtBikes.com makes no representations that the product(s) are legal for operation in your city and state. The customer is responsible for contacting his or her local state department of transportation, department of motor vehicles and/or any other applicable agency to verify that the product(s) are legal for operation on and/or off-road in their city and state and to verify whether or not a motorcycle endorsement is required to operate their product(s) in their city and state before purchasing. In purchasing, the customer confirms that he or she has contacted the appropriate agency, has obtained permission and holds PowerDirtBikes.com harmless and NOT responsible if the customer is unable to register and/or ride the purchased product.

 

If your state requires registration, after receiving your vehicle, you should receive a MSO within 2 weeks after your purchase. Sometimes the MSO can take longer due to the fact that it does come directly from the manufacturer and has to be processed. In some cases 4-6 weeks. If you do not receive your MSO it is the customers responsibility to follow up with Power Dirt Bikes because mail sometimes does get lost or mishandled.

 

Warranty Disclaimer

This site and the materials and products on this site are provided on an "as is" and “as available” basis and without any representation or endorsement made and without warranties of any kind, whether express or implied including, but not limited to the implied warranties of satisfactory quality, fitness or a particular purpose, non-infringement, compatibility, security and accuracy. To the fullest extent permissible pursuant to applicable law, PowerDirtBikes.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation, loss of business, opportunity, data, profits, etc., arising out of or in connection with the use of the website. PowerDirtBikes.com does not represent or warrant that the functionality of the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes the website available are free of viruses or other harmful or destructive components. PowerDirtBikes.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PowerDirtBikes.com for death or personal injury as a result of the negligence of PowerDirtBikes.com or that of its employees or agents.

 

Product Warranty Policy ( Please see the Warranty Page for more information)

All vehicular units come with a standard, time-limited, manufacturer defect ONLY, parts warranty from the manufacturer. The warranty period may vary from vehicle to vehicle, so please check the warranty period for your particular vehicle before purchasing. This parts-only warranty covers the engine and transmission. Outside labor/repair, towing and shipping charges are not covered under the warranty. Vehicles that are used for extreme riding/racing or competition, damaged through vandalism or improper use, damaged through fire, theft and/or accident are not covered under the warranty. The warranty will not cover any mechanical issues due to improper assembly or lack of proper maintenance and care, or standard wear and tear parts such as filters, hoses, gaskets, spark plugs, batteries, brakes, brake handles, seats, lights, belts, kickstands, trunks, and tires. For quality control, the manufacturer may request that the parts be sent back for inspection. Please feel free to contact us directly at 781-667-3386 or email heather@PowerDirtBikes.com and we will take care of the warranty claim for you. Please note, warranties may be voided or shortened if your vehicle was not initially assembled by a professional, licensed mechanic, and if the person who accepted the delivery did not perform a post-delivery inspection. Please keep all receipts, as these maintenance and service receipts may be requested. PowerDirtBikes.com reserves the right to require proof of proper initial assembly and post-delivery inspection by a professional, licensed mechanic at any time during warranty claims and/or disputes.

 

Links to Third Party Websites

In an attempt to provide increased value to our visitors, PowerDirtBikes.com may link to websites that are operated, maintained and/or owned by third parties. Even if the third party is affiliated with PowerDirtBikes.com, PowerDirtBikes.com claims no control over these linked websites, all of which have separate privacy and data collection practices, independent of PowerDirtBikes.com. These linked websites are only for your convenience and access to them is to be taken at your own risk. PowerDirtBikes.com is not responsible for the content or availability of content on third party sites, but seeks to protect the integrity of its own website and requests any feedback about its third party links, particularly if the link is not functional.

 

Inaccuracies, Product Variations and Changes

We make every attempt to accurately list all product information on our website. However, typographical errors, picture errors or other inaccurate information may occur. Customers are responsible for researching the product and verifying the unit’s specifications directly from the manufacturer. PowerDirtBikes.com reserves the right to change or remove (temporarily or permanently) the website or any part of it without notice. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information at any time without prior notice, including information pertaining to orders that have already been placed.  In the event that a PowerDirtBikes.com product is mistakenly listed at an incorrect price, PowerDirtBikes.com reserves the right to refuse or cancel any orders placed for that product listed at the incorrect price. PowerDirtBikes.com reserves the right to refuse or cancel any orders whether or not the order has been confirmed and you’ve been charged. If you have already been charged for the purchase and your order is cancelled, PowerDirtBikes.com shall issue a credit to the original tender used in the amount of the price paid. We will not accept returns or issue refunds due to inaccuracies in information listed on PowerDirtBikes.com. These Terms and Conditions state our ultimate policies, which override, clarify and/or correct any other written information on our website. We apologize for any inconvenience caused by any such errors.

 

Copyright

All content included in this website including, but not limited to, text, graphics, documents, design, logos, button icons, images, audio and video, software, or codes is owned by or licensed to PowerDirtBikes.com or is otherwise used by PowerDirtBikes.com as permitted by law, and is protected by U.S. and international copyright laws. The compilation or all content on the site and associated social media sites including, but not limited to our blog, YouTube, Facebook, Twitter, Google Plus, Pinterest, Instagram, Flickr, Vimeo, etc. are the exclusive property of PowerDirtBikes.com. In accessing the website, you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes downloading, copying and/or print pages of the website for personal, non-commercial home-use, or to place an order with PowerDirtBikes.com. Any other use including the reproduction, distribution, modification, transmission, republication, display or performance of the content of the website is strictly prohibited unless authorized by PowerDirtBikes.com.

 

WAIVER OF LIABILITY

The following Waiver of Liability is a legal and biding contract.

By purchasing any items on this website,

I, as buyer, acknowledge, certify and agree that I am above 18 years of age or am the parent of a child under the age of 18 years. I, as buyer, acknowledge and understand that riding an all-terrain-vehicle (ATV), dirt bike, go kart, motorcycle, moped, pocket bike, pit bike, electric bicycle, trike and scooter is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders.

I, as buyer, understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles advertised on the PowerDirtBikes.com website.

I, as buyer, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders.

I, as buyer, agree to release and forever discharge PowerDirtBikes.com and its agents, servants, employees, officers, directors, trustees and all other persons or entities acting on its behalf and the manufacture from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to participation or use of these vehicles, use of equipment or property supplied by PowerDirtBikes.com presence upon the premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacture or distributor.

By this Agreement, it is my intention as buyer, to surrender and waive any rights to sue or exercise any legal rights to seek damages from PowerDirtBikes.com its agents, servants, employees, officers, directors, trustees and all other persons or entities acting on its behalf. This Agreement shall be affecting and binding upon my heirs, agents, personal representatives and assignees.

I, as buyer, have carefully read the aforesaid and acknowledge that I understand and agree to all the above Terms and Conditions. I have had the opportunity to ask any and all questions regarding this Agreement and the effect of the same.

I, as buyer, am aware that by purchasing this item, I assume all risk and waive and release certain substantial rights that I may have or possess.

I, as buyer, therefore, release all liability and waive all rights I may have in regards to my child’s activities with any items purchased from PowerDirtBikes.com.

 

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