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Buy My Scooter |
Terms and Conditions
Buy My Scooter is an affiliate of Austin Global Enterprises, LLC. By using this website, you are stating that you understand Austin Global Enterprises, LLC does business as Buy My Scooter and as New Scooters 4 Less.
You are responsible for the safe use of your purchased items. By purchasing and subsequently using a product offered for sale by Buy My Scooter and/or any of its users, you agree to hold Buy My Scooter harmless in the event of any injury sustained from the proper or improper use of any products purchased (whether through Buy My Scooter, New Scooters 4 Less, or an independent seller that used BuyMyScooter.com to list and sell a scooter). If you purchase an item from the new section of BuyMyScooter.com, you agree that Buy My Scooter's maximum amount of liability is equal to the purchase price and that you will not attempt to recover damages of any type from Buy My Scooter.
Legal Disclaimers, Term, Policies & Conditions
You understand that shall you choose to purchase a motor scooter through the means of using Buy My Scooter that Buy My Scooter does not guarantee any motor scooter listed in the used, certified, or featured sections of the website. You understand that if you purchase a scooter listed by a seller in one of these sections that you are purchasing from that particular seller at your own risk.
You understand that Buy My Scooter helps buyers by ensuring that scooters shown in the certified and featured sections have been fully inspected by a mechanic for proper use. However, you understand that by purchasing a scooter listed in one of these sections, you are purchasing at your own risk. You understand that even though Buy My Scooter checks and ensures the motor scooter engines have compression, Buy My Scooter does not break down the motors during inspection to check the condition of the cylinder and piston.
By using Buy My Scooter and by purchasing a scooter from the used, certified, and/or featured section, you understand that all of the scooters have been previously owned and that Buy My Scooter has no recollection or information (unless stated otherwise in the listing by Buy My Scooter) stating what kind of care and maintenance had been performed on the scooter.
If you buy a scooter or other products offered for sale, you are a "Purchaser". The use of the term 'you' or 'your' herein shall be interpreted to mean and have the same effect as Purchaser. Buy My Scooter and its website(s), (hereinafter "coordinator"), hereby expressly disclaims all warranties either expressed or implied warranty of merchantability or fitness for a particular purpose, except warranties described above. "Product" is defined as the scooter, accessories, services, and other products sold by Buy My Scooter ("Coordinator") or its users.
You as purchaser of Buy My Scooter products or its users products agree to on behalf of yourself, your personal representatives, assigns, heirs, and next of kin you hereby release, discharge, and covenant not to sue Coordinator, its owners, directors, trustees, officers, members, volunteers, and employees (the "Releasees"), from all liability, claims, losses or damages on your account arising out of activities at or associated with the purchase of the product(s). You further agree that if, despite this release and indemnity agreement, you or anyone on your behalf makes a claim against any of the Releasees, you will indemnify, defend and hold harmless each of the Releasees from any litigation expense, attorney fees, loss, liability, damage or costs which also may incur as a result of such claim.
Warning: Scooter riding activities involve risks and dangers of serious bodily injury, including but not limited to, disability, paralysis, and death, (b) these risks and dangers may be caused by your own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of others and (c) there may be other risks and social and economic losses either known to you, not known to you or not readily foreseeable at this time and you fully accept and assume all such risks and all responsibility for losses, costs and damages incurred as a result of your participation in the scooter riding activity. 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.
Agreement: By using this website to purchase a scooter, whether new or used, you constitute your understanding and acceptance of all of our policies and agree that they constitute a legally binding agreement. Any ambiguous language in this agreement shall be interpreted as to its fail meeting and not strictly for or against any party. Such arbitration shall be conducted in Gainesville, Florida and governed by the prevailing commercial arbitration rules of Florida law, with the following exceptions if in conflict: (a) one arbitrator shall be chosen by Buy My Scooter (b) The non-prevailing party shall be responsible for the expenses of the arbitrator: and (c) arbitration may proceed in the absence of any party if written notice has been given to such party (pursuant to the rules and regulation of Florida law). The parties agree to abide by all decision and awards rendered in such proceedings; The parties agree to abide by all decisions and awards rendered in such proceedings; such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court thereof as a basis of judgment and of the issuance of execution for its collection. All such speculative damages to either party and shall not have the power to amend this agreement. The arbitrator shall be required to follow applicable law. [IF FOR ANY REASON THIS ARBITRATION CAUSE BECOMES NOT APPLICABLE THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.] Any and all attorneys' fees will be the responsibility of the non-prevailing party.
All claims or disputes must be filed within the jurisdiction of Alachua County, Florida.
Severability of Agreement: If any term or provision of this agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provisions shall not affect the legality, enforceability, or validity of the remainder of this agreement. If any provision or part thereof of this agreement is stricken provision shall be replace, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
Conditions for scooters in the "New" Section
All products listed and sold in the new section belong to New Scooters 4 Less and by purchasing a scooter listed in the new section, you understand that you are purchasing a scooter from Austin Global Enterprises, LLC who does business as New Scooters 4 Less and as Buy My Scooter.
You agree to all conditions and terms listed above.
Product sold in new section by New Scooters 4 Less are sold as-is, Final Sale. No returns or exchanges will be accepted. New Scooters 4 Less motor scooters come with a warranty that covers factory defective parts and labor. Check each listing for motor scooters specifications and warranty. Any defective parts will be replaced free of charge. Labor charges will be free to you under this limited warranty as well. Motor scooter can only be repaired at New Scooters 4 Less facility under the warranty. Warranties will be automatically void if scooter is taken to a repair shop not belonging to New Scooters 4 Less.
Items not covered by the warranty include batteries, cosmetic damage to the exterior of motor scooter, or engine work needed to motor scooter due to misuse or damage caused by consumer. The warranty also does not cover belts, tires, tubes, etc. worn by standard use, abuse, or accidents. New Scooters 4 Less has sole discretion to determine what shall be and what shall not be covered under the warranty.
Manufacturer warranties may apply to your purchase, please check item documentation for information on manufacturer warranties. No other warranties exist, expressed or implied, including merchantability or fitness for a particular purpose.
Extended warranties can be purchased for motor scooters only at an additional cost. Extended warranties cover factory defective parts and labor (only at New Scooters 4 Less repair shop). Extended warranties do not cover batteries, cosmetic damage to exterior of motor scooter, or engine work needed to motor scooter due to misuse or damage caused by consumer. The warranty also does not cover belts, tires, tubes, light bulbs, etc. worn by standard use, abuse, or accidents. Our current price for a warranty extension is $199 for 6 months of $275 for a full year extension. If you decide to purchase an extended warranty, you agree and promise to get an oil change every 6 months from New Scooters 4 Less and to keep the scooter under cover (in a garage or under a cover outside when not in use).
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Last Updated August 24, 2010
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