STORE POLICIES & SHIPPING
Shipping options are available for most apparel and accessory items. Orders typically ship within one business day of being placed.
Due to our dealer agreements, some bikes may not be eligible for shipping.
|Standard Shipping||In-Store Pickup|
Please note that some items may be subject to additional shipping and handling charges because of size or weight.
Sorry, but we do not ship outside of the Continental U.S.
Most orders will be ready within one business day. Please keep in mind that some items may require additional processing time to transfer from off-site locations. Other items may require additional processing time for assembly. We will call or email you once your order is ready for pickup. If you need an item right away we ask that you call us to confirm that the product is available before heading over to our store. Unless special arrangements are made in advance, orders need to be picked up within 15 days or a 10% restocking fee will be charged.
All products are sold under the policies of the respective Manufacturer or Retailer. All directions of the Manufacturer or Retailer must be followed when using any product purchased through Archer's Bikes. Specifically, bikes should be assembled by a qualified bike mechanic to ensure correct assembly. Archer's Bikes will not be responsible for damage or injury caused by improper assembly of products purchased through our website or other website (Amazon, Craig's List, e-Bay, Google, BikeExchange, etc.) or if directions and instructions for proper use are not followed. You may not qualify for any applicable Manufacturer or Retailer warranty if you do not follow their policies for assembly and use. Please consult the Manufacturer or Retailer’s policies prior to assembly and use of your product.
We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts all of the information you provide to us and prevents outside parties from being able to "see" your transaction information. When your account information is displayed on your screen, we only display the last five digits of your credit card numbers. You also have the choice of whether or not to save credit card information with us in your Online Account.
Occasionally, some items are unexpectedly out of stock or unavailable and may be backordered. If this should occur, we will only bill your credit card for merchandise that is actually shipped. The total shipping charge for orders split into multiple shipments will not exceed the amount quoted on original order.
RETURN OF ONLINE ORDERS
If there’s a problem with something you purchased from us, please give us a call, within 14 days of receipt of product, to see if it can be resolved. We do not offer a satisfaction guarantee on any products, however due to our high level of customer service, we will always endeavor to keep customers happy and satisfied. If your product is faulty, it will be replaced with an identical product. If we cannot replace the product, we will offer you the option of choosing another product of the same value, or provide you with a refund for the total value of the faulty product. All returns shipped to us must have a return authorization number to be considered for refund and must have the return authorization number clearly marked on the outside of the package or the item will be refused. You can either bring the item to our store or ship it back, but we do not pay for return shipping. Claims for damage during shipping must be made to the shipper. Ship authorized returns via Ground UPS or insured US Mail (we do not accept CODs). Used vehicles/bicycles and used merchandise are sold as-is and may not be returned. Damaged or items that cannot be resold as new or not in the original, unopened packaging, or otherwise altered are subject to a restocking or refurbishing fee. Labor or service charges are non-refundable. See additional details below.
PRICES AND INFORMATION
This website is intended to help you. We make every effort to maintain current, accurate prices in our on-line catalog. And we strive for similar accuracy and timeliness with the other information we offer here. We appreciate your understanding should any of the prices or other information provided be incorrect and regret any inconvenience such mistakes may create. Please bring any errors you may find to our attention on your next visit or by calling or sending us an e-mail.
All prices subject to change without notice.
Call store to verify price and availability.
Our Standard Policies and Shipping Guidelines
Due to territory restrictions, customers must take possession of most new bike purchases at the store. Take special care when buying a used bike. Make sure you understand what you are buying. Check condition, color, size and type. All bikes are partially disassembled before shipping. You may need a professional bike mechanic to re-assemble the bike. Buyer is responsible for all shipping costs, and packaging. Claims for damages due to shipping must be made to carrier. Used Bicycles are sold as-is, no returns. Please make certain this is the item you want before ordering.
For bicycles, please allow at least 10 business days for processing and delivery. Some bikes must go by truck due to weight or other restrictions and may take longer. Orders usually ship three business day after being placed.
Please note that some items may be subject to additional shipping and handling charges because of size or weight.
Sorry, but we do not ship outside of the Contiguous U.S. Call for special shipping to Alaska and Hawaii.
The Fine Print. . . . .
DEFINITIONS: The term “Vehicle” shall refer to any Vehicle, bicycle, motorized Vehicle, moped, skateboard, motorized skateboard, trike, scooter, motorcycle, UTV, ATV, quad, or any other type vehicle, whether motorized or not. “Customer” or “Purchaser” shall refer to the purchaser, buyer, Vehicle operator, and any other party to a sales, rental or service transaction. Archer Motorsports, Inc. dba Archer’s Bikes (AB) is a company incorporated in the State of Arizona. Terms and conditions apply to all sales, service and rental transactions.
AUTHORIZATION AND ACKNOWLEDGEMENT OF TERMS AND CONDITIONS: For repair services, adjustments, warranty service, and gratis service: Customer authorizes the work described in their repair order and authorizes the use of any parts, supplies or materials necessary to accomplish that work. A mechanic's lien on the Vehicle is expressly acknowledged to secure payment for the materials, parts and/or services provided in connection with the work. Customer grants AB, and its agents and employees, permission to operate the Vehicle, including on public streets or highways, for purposes of testing and/or inspection. Customer authorizes AB to endorse and cash any draft or other instrument made payable to it for the parts and/or repair labor. Customer acknowledges that AB and its agents and employees are not responsible for articles left in, attached, or around the Vehicle, or for any loss or damage to the Vehicle, in case of fire, theft, vandalism, weather, or any other cause beyond its control. The repair estimate is provided as a courtesy to customer and is no guarantee of actual final cost. The repair estimate is provided only for the repairs recommended. Additional problems identified during repair, will be extra. At the sole discretion of AB, a minimum charge of $29 may apply to all Vehicles left for repair, whether Customer authorizes the repairs or not, to cover diagnosis. No guarantee is made to time of delivery or length of time Vehicle is in repair. This document is the complete agreement. Any and all modifications must be made in writing and signed by both parties.
ACKNOWLEDGEMENT OF RISK AND LIMITATION OF LIABILITY: Customer understands that using a Vehicle, especially off-highway, has inherent risks of injury to the Customer or others. Risks of injury include, but are not limited to, minor bumps and bruises, major injuries or even death, and as such, Customer certifies that he/she/they are fully competent and skilled to operate the Vehicle under all conditions. The Customer hereby acknowledges that operating Vehicles on trails and roads with or without other like vehicles and riders is a dangerous activity, with a high risk of serious bodily injury or death to Customer/passengers/riders or others. Any liability for incidental, special, exemplary, punitive, direct or indirect damages, special or consequential damages including, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods or any claims of customers of the Purchaser as a result of operation or use of the Vehicle or merchandise is expressly disclaimed to the extent permissible by law. In any event, any and all claims for damages shall be limited to the value of the purchase price that gives rise to any liability. The Customer and any other operators/passengers/riders or others hereby personally accept all risks and liabilities of any and all activity associated with the Vehicle or merchandise. It has been explained to the Customer and he/she/they understand that by signing this document he/she/they are giving up important legal rights. It is Customer’s further intention to give up those rights and in good faith to relieve, release and indemnify AB, its employees, agents, shareholders, directors and officers, Vehicle manufacturer, of any duty legally owed to Customer in relation to the conduct of this activity or operation of the Vehicle. Customer agrees to follow all applicable laws governing the operation of the Vehicle, on-road or off-road, in a safe and responsible manner, to regularly check the Vehicle for proper mechanical operation and maintenance and to follow any of the manufacturer’s guidelines. Customer agrees to always wear a helmet when riding or operating the Vehicle and to ensure that others using the Vehicle also wear a helmet. Customer waives all claims and rights to relief and any liability for damages of any kind if a helmet is not used.
LIMITATION ON AND DISCLAIMER OF WARRANTIES & OBLIGATIONS: Except as set forth herein and where applicable, no warranty or affirmation of fact or description, express or implied, is made or authorized by AB. AB Disclaims any express or implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights. AB Also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, mis-repair or misapplication. AB warrants any repair, described on the invoice, for 10 days from the date of possession by Customer for defects in repair or parts. This limited warranty only covers the labor to repair the defect, additional parts or services are extra. Customer must deliver bike to store for any warranty claims or repairs. In any case, Warranty does not cover damage to the frame, fork, rims, or flat tires. The warranty does not cover user negligence, accidents or misuse. Customer accepts repairs "As-Is" and agrees that he/she has fully inspected the vehicle to his/her full satisfaction prior to possession. All warranties are made void in the event any repair performed by AB has been tampered with, altered or repaired by any person not expressly authorized by AB or repair that is made by any other party not specifically authorized by the Vehicle manufacturer. Customer agrees and understands that any type of repair is no guarantee for Vehicle operability or performance. AB may repair or reject a warranty claim, replace defective parts (with new or used parts), or refund the cost of a previous repair or part, at its sole discretion, for claims covered by this Warranty. Shipping or transportation costs, either direction, are not reimbursable, for any reason. AB is not responsible for accessories or other personal items left with the Vehicle. Shipping or delivery/pickup charges, either direction, are not reimbursable, for any reason. The Customer may obtain warranty service from any provider associated with or authorized by the manufacturer. AB employees or agent’s oral statements do not constitute warranties and shall not be relied upon by Customer and are not part of this contract for sale.
DISPUTES: In any event or dispute, Customer agrees the maximum amount for damages of any kind shall not exceed the cost of the service. Customer’s sole remedy for damages will be repair or refund. Customer and AB mutually agree that any dispute arising as a result of this sale will be arbitrated under the rules of the American Arbitration Association and that the decision made will be final. This document is the complete agreement. Any and all modifications must be made in writing and signed or initialed by both parties. Disputes shall be subject to and governed by the laws of the State of Arizona, regardless of any conflict of law rules to the contrary, with venue and jurisdiction in Maricopa County Arizona even though one or more of the parties may be or may become a resident of a different state. Any provision found to be invalid shall not invalidate the remainder hereof.
CUSTOMER POSSESSION: Once Customer takes possession of the Vehicle and/or merchandise in any form or leaves the business property of AB with the Vehicle and/or merchandise, Customer then accepts the Vehicle and/or merchandise as complete and to his/her full satisfaction (exclusive of any stated warranty). Furthermore, Customer acknowledges that AB cannot control the operating environment or operator of the Vehicle. The condition of repaired or serviced Vehicles and /or merchandise and/or parts are accepted “As-Is.” Customer has the full responsibility to make note, described herein, of any cosmetic features or flaws, prior to possession and accepts its physical condition upon possession. Customer takes full and total responsibility upon possession to carefully inspect the Vehicle for mechanical safety and proper operation, prior to each and every use. Service labor is non-refundable.
RETURNS AND SATISFACTION GUARANTEE: With a copy of the Sales Receipt, Customer may return any new merchandise within 30-days of purchase for exchange or full refund, as long as it is in the original manufacturer’s package, in new condition, unused and complete. All used Vehicles or used merchandise sales are final and may not be returned for refund. Used Vehicles may be considered for exchange within 10-days of original purchase or 100 miles, whichever is sooner, for a full in-store credit, less 10% of the purchase price (excluding sales tax), applied to any other used or new Vehicle of equal or greater value, as long as the Vehicle being exchanged is in equal or better condition as it was at the time of purchase. AB reserves the right to discount or reject the exchange request at its full and sole discretion. New Vehicles are not returnable but may be considered for exchange within 10-days of purchase, less a restocking fee of 10%, at AB sole discretion, less any fees for repair or cleaning, in store credit, towards any other Vehicle of equal or greater value. All repairs are made in earnest to resolve the original complaint. Customer agrees to take time to check that the problem was resolved to their satisfaction on possession. All service is accepted As-Is and complete on possession. If a defect or latent defect is found, customer has ten days to return with the Vehicle for adjustment. AB reserves the right to refund, repair or to reject the claim at its full and sole discretion.
PAYMENT AND FORFETURE OF RIGHTS ON DEFAULT: It is agreed that in the event this is a credit sale on account or a sale paid by check, draft or credit card that any costs incurred by AB to secure payment will be paid by Customer, including the cost of collections. Customer agrees further that he/she is responsible for all charges not covered by manufacturer's warranty. Items or Vehicles left for repair more than 60 days after completion of repair are in default for payment and subject to storage fees of not less than $10 per day. Unpaid repairs will incur interest at a rate of 1% per month on the unpaid balance and an administrative fee of $50 to handle the transaction, payable in full when picking up the Vehicle. Customer agrees to release the Vehicle, waive all rights and claims, and transfer ownership and title to AB for payment of repair and fees. AB may sell the Vehicle, at its own discretion, without notice to the Customer, to pay for repair and fees, collection costs, and for all selling and title costs incurred, whereby any and all proceeds of the sale will be used to satisfy the debt. Customer agrees that the cost of the repair and other fees as liquidated damages and is subsequently not entitled to any proceeds from the sale, or disposal, of the items or Vehicles.
CUSTOMER RESPONSIBILITIES: By completing the transaction or paying for the merchandise, Vehicle, repairs or otherwise taking possession, Customer acknowledges that he/she will take full responsibility to inspect the Vehicle for safety before each and every use. Furthermore, Customer agrees to follow all manufacturer’s recommendations on maintenance, use, operation and to be bound by any indemnities published by the Vehicle manufacturer.
SPECIAL ORDERS: For customized items or special orders placed by Customer, a non-refundable deposit will be required to place the order. In addition, Customer will be responsible for any restocking charges or return fees assessed by the manufacturer, if the order is cancelled. Customer will forfeit deposit if item is not picked up in within 30-days from receipt of merchandise by AB, as compensation for handling.
CREDIT ACCOUNTS: Customer agrees that if sold on account, terms are net due 30-days from invoice date. For unpaid balances, interest will accrue and become payable immediately, at a rate of 1% per month, each month, applied to customer’s total amount due on account. Interest will be calculated on the total amount owing on the first day of each month following the date of the late payment. Any payments made on account will be applied first to interest accrued, then to balance due.
SHIPPING: For any merchandise or Vehicle shipped, all shipping is FOB to the shipper. If an item arrives damaged, due to shipping, customer must make claim to the shipper for relief. In any event, if Customer makes claim or dispute, Customer must deliver Vehicle, merchandise or Vehicle, at Customer’s expense, to AB principle office location for relief. All used merchandise or Vehicles are sold As-Is, no returns are accepted. Shipping charges are non-refundable.
LAYAWAY: At AB sole discretion, selected items may be held for up to 30-days on deposit. Customer may make payments toward the item at any time during the 30-day period. The initial deposit for the item is non-refundable and forfeited by the Customer at the end of the 30-day holding period if the balance is not paid in full. Additional payments made during or after the hold period will be forfeited after 30 days from the payment. Customer may pay the balance due at any time during the hold period and redeem the item, completing the transaction. Payments do not accrue interest. Forfeited deposits will be considered fair compensation to AB for liquidated damages for removing the item for sale, administrative costs and storage.
DEALER ADDITIONS & DELETION OF ACCESSORIES: Customer hereby requests AB to make the additions and deletions of accessories or parts noted herein. Customer understands and agrees that certain parts or merchandise additions may not conform exactly with factory installed additions. Customer understands that AB may have added equipment or accessories to the Vehicle as part of the original sale.
SPECIAL CONDITIONS FOR GAS OPERATED BIKES & E-BIKE KITS: In addition to the conditions contained herein, any Vehicle or kit, gas or electric, new or used, assembled from a kit or un-assembled, by AB or by anyone else, that utilizes a gas-operated motor or electric motor, is hereby excluded from any and all warranties, expressed or implied, and are sold as-is. These Vehicles and kits are essentially toys and your hobby. AB expressly excludes any and all claims for damages, actual or consequential, arising from the purchase or use of any and all kits or Vehicles assembled from a kit. By purchasing a kit or Vehicle operated by a kit, you agree to these Special Conditions. Customer accepts all responsibility for the legal operation of the vehicle and assures that they operate the vehicle in accordance with all applicable laws.
MOBILE SERVICE: For services rendered remotely, and for deliveries, some warranties may apply to the vehicle, parts or to work done. If a defect is not directly related to the original repair, is not covered by the manufacturer's warranty, or is a new problem, as determined by AB, the customer is responsible for all costs associated with the repair or service call. If the customer had the vehicle delivered to their location or the repair was done remotely, the customer is responsible for bringing the vehicle to the shop for remedy. AB reserve the right to cover trip charges or warranties at its sole discretion. Warranties do not include repairs or remedies anywhere except at AB main store location in Mesa, AZ. If any work is done at the customer's location, the customer is responsible for any additional mobile service charges, or a trip charge, regardless of any warranties. Flat tires are not covered by warranty.
SPECIAL ADDITIONAL TERMS AND CONDITIONS FOR RENTALS, DEMONSTRATION RIDES, AND TEST RIDES
AGREEMENT: This Agreement is between Archer Motorsports, Inc. owner of bicycle (hereafter referred to as PROVIDER) and the OPERATOR or OPERATORs listed (hereafter referred to as OPERATOR). The term “Bicycle” shall extend to one or more Bicycles/Tricycle/Quads identified in this Agreement, or replacement Bicycle, and any Equipment made available for use by PROVIDER to the OPERATOR. “Agreement” means all the terms and conditions found in this document. OPERATOR hereby rents from PROVIDER the Bicycle and Equipment described herein for a limited period of time and agrees to the terms and conditions herein. The provisions of this Agreement extend to perpetuity and do not end at the conclusion of the rental. This Agreement shall be governed by the laws in the State of Arizona and shall be binding upon the heirs, successors and assigns of OPERATOR and inure on the benefit of the PROVIDER, its successors and assigns. This is the entire Agreement between PROVIDER and OPERATOR. No changes, inclusions, exclusions or verbal Agreements may be made to modify this Agreement, except for those specifically made in writing, signed and dated by both parties, and made as a formal attachment to this Agreement. In the event of any legal action with respect to this Agreement, the prevailing party in any such action shall be entitled to reasonable attorney’s fees and all costs and expenses incurred in pursuit thereof.
ACKNOWLEDGEMENT OF RISK: OPERATOR understands that using a bicycle has inherent risks of injury to the OPERATOR or others. Risks of injury include, but are not limited to, minor bumps and bruises, major injuries or even death and as such, OPERATOR certifies that he/she/they are fully competent and skilled to operate the Bicycle under all conditions. The undersigned hereby acknowledges that riding Bicycles on trails and roads with other like bicycles and riders is a dangerous activity, with a high risk of serious bodily injury or death to OPERATORs, passengers, riders or others. The undersigned and all additional operators, passengers, riders or others hereby personally accept all risks and liabilities of this activity. It has been explained to the OPERATOR and he/she/they understand that by executing this document he/she/they are giving up important legal rights. It is OPERATOR’s further intention to give up those rights and in good faith to relieve and release PROVIDER of any duty legally owed to OPERATOR in relation to the conduct of this activity. The undersigned gives permission for PROVIDER to use all portions of any video footage or photographs for advertising and/or damage for verification purposes.
LIMITATION OF USE: OPERATOR agrees to use the Bicycle only on designated and approved trails or roads. OPERATOR agrees to use the Bicycle safely at all times, and for the OPERATOR or passengers to wear appropriate safety and protective Equipment, such as a helmet, eye protection and protective clothing, not to operate the Bicycle in areas where prohibited or exposed to unusual danger, and not to operate the Bicycle while under the influence of alcohol or while impaired in any way. OPERATOR agrees to care for the Bicycle at all times, not allow others to use the Bicycle, and to only use the Bicycle for its intended recreational purpose. The Primary OPERATOR, is 18 or older, agrees that only the persons signing or otherwise identified in this Agreement will operate the Bicycle. Should any OPERATOR, any minor child under OPERATOR’s control or any other person with permission of OPERATOR operate Bicycle or Equipment that results in theft, loss of or damage to such Bicycle or Equipment, OPERATOR agrees to be personally liable and financially responsible for all loss of and damage caused to any rented Bicycle or Equipment. OPERATOR also agrees to pay for the loss of use of any Bicycle covered by this Agreement damaged by OPERATOR or other riders, at the rate of $25 per day from the date of damage until repaired and replaced in rental service, not to exceed 14 days. OPERATOR authorizes PROVIDER to charge credit card account provided as part of this transaction for all additional rental, damage and loss of use charges incurred under the terms of this Agreement, including insurance deductible (if applicable), along with additional costs and fees to recover such Bicycle and return it PROVIDER’s office address (listed herein). Do not let others ride your rental. OPERATOR is solely responsible for all claims or losses, including third-party claims or losses, during the rental, regardless who caused them.
RESPONSIBILITY FOR LOSS OR DAMAGE: OPERATOR understands and accepts full responsibility for the Retail Value of the Bicycle and will reimburse PROVIDER the full amount, plus rental fees, for damages resulting in a total loss such as: theft, vandalism, confiscation or impoundment, fire, damage by others, crash, whether due to negligence, in whole or in part, by the OPERATOR or others. PROVIDER accepts responsibility for normal wear and tear (such as minor plastic scuffs and normal wear of moving surfaces, dust & dirt, etc.) and maintenance, as a part of the rental fee. OPERATOR accepts responsibility during possession of the Bicycle and Equipment for repairs beyond normal for damage to the Bicycle and Equipment (such as bent rims, dents to the frame, major plastic damage, bent handle bars, pinch-flats, drive train damage, skid-damaged tires, etc.) and will reimburse PROVIDER for damage repairs, but not to exceed the Retail Value, plus rental fees.
WARRANTY AND FITNESS FOR USE: The condition of the Bicycle and Equipment are accepted “As-Is.” OPERATOR has the full responsibility to make note, described herein, of any cosmetic features or mechanical flaws, prior to possession and accepts its physical condition upon possession. Furthermore, PROVIDER makes no express or implied warranty, as to the quality and manufacture, safety, drivability or fitness for any particular purpose of any Bicycle and Equipment covered by this Agreement, or guarantee for the condition of the Bicycle and Equipment, its performance or reliability, whether rented or purchased, for Period of Rental and beyond. PROVIDER makes no guarantee to OPERATOR or other’s satisfaction with the rental.
INDEMNIFICATION: To the fullest extent permitted by law, OPERATOR shall defend (by counsel reasonably acceptable to PROVIDER), indemnify and hold harmless PROVIDER, its officers, directors, employees, agents, customers, affiliates, from and against any and all claims for damages (including for breach of this agreement) or bodily injury, sickness, disease, or death or damage to personal property or real property, and any losses and expenses, including but not limited to attorney’s fees, arising from or caused in whole or in part, directly or Indirectly, from the rental, use and/or operation, condition or possession of the Bicycle and/or equipment obtained from PROVIDER, or any act or omission of, or equipment provided by OPERATOR, additional OPERATORs, guests of OPERATOR or anyone under OPERATOR’s control. This provision shall survive completion of the Rental and the term of this Agreement. PROVIDER shall not be liable for, nor shall OPERATOR make claim for, consequential, incidental or special damages, or for loss of wages, profits or revenues resulting from the failure of PROVIDER to perform as detailed in this agreement.
COVENENT NOT TO SUE: OPERATOR agrees and covenant on behalf of: self, children and any minor for whom OPERATOR is a guardian, will never directly or indirectly institute any legal, equitable, administrative or other action, complaint, or proceeding against PROVIDER or any shareholder; director, officer, employee, agents successors and assign thereof, or in any manner assert any further claim or demand against PROVIDER and its shareholders, directors, Officers, employees, agents, successors and assigns thereof, arising from or pertaining to the condition, possession, use, and/or operation of the Bicycle or Equipment received and/or obtained from PROVIDER. This covenant applies and extends to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action that OPERATOR does not presently anticipate, know or suspect to exist, but that may develop, accrue, or be discovered in the future.
LIMITATION OF LIABILITY: In no event shall the liability of the PROVIDER with respect to any contract or Agreement, or anything done in connection therewith, exceed the Agreed Value of the Bicycle upon which such liability is based. In no event shall PROVIDER be liable for any damage for performance under this agreement in any amount exceeding the total compensation provided to PROVIDER under this agreement.
PARENTAL CONSENT: OPERATOR is the parent or legal guardian of any minor passenger(s) and gives consent for such minor(s) to be passengers on the Bicycle. All persons operating the rented Bicycle(s) must be over the age of 18.
repossession: This is a contract for the rental of the Bicycle and/or Equipment. PROVIDER may repossess the Bicycle and/or Equipment at OPERATOR’s expense without notice to OPERATOR, if the Bicycle is abandoned or used in violation of law or in violation of this Agreement.
Condition and Return of Bicycle: OPERATOR must return the Bicycle and Equipment to PROVIDER’s rental office or other location specified, on the date and time stated in this Agreement, and in the same condition that OPERATOR received it except for ordinary wear. If the Bicycle and Equipment are returned after closing hours, OPERATOR remains responsible for the loss of, and any damage to, the Bicycle and Equipment until PROVIDER inspects it upon our next opening for business. Service to the Bicycle or replacement of parts or accessories during the rental must have PROVIDER’s prior approval. OPERATOR must check and maintain the fitness of the bicycle for its intended use.
Responsibility for Bicycle Damage or loss: OPERATOR is responsible for all damage to the Bicycle and Equipment, including damage caused by weather, acts of god or terrain conditions. OPERATOR is responsible for the cost of repair, or the Retail Value of the Bicycle and Equipment on the date of the loss, if the Bicycle and Equipment are not repairable or if PROVIDER elects not to repair Bicycle and Equipment, even if OPERATOR is or is not at fault. OPERATOR is responsible for theft of the Bicycle and Equipment, loss of use, diminished value of the Bicycle and Equipment caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not OPERATOR is at fault. OPERATOR must report accidents or incidents of theft and vandalism to PROVIDER and the police as soon as discovered.
Insurance responsibility: PROVIDER is not an insurer, maintains no insurance coverage for the Bicycle on or in behalf of the OPERATOR, for damages or claims of any kind. PROVIDER strongly urges OPERATOR and/or other operators/passengers/riders to have medical insurance prior to engaging in this activity. PROVIDER does not provide medical insurance and advises that serious injuries can be financially devastating. OPERATOR is responsible for all damage or loss OPERATOR may cause to others. OPERATOR’S insurance is primary to any insurance that PROVIDER may provide. If PROVIDER is required by law to provide liability insurance, PROVIDER will obtain a liability insurance policy that is excess to any other available and collectable insurance whether primary, excess or contingent, the Policy will provide liability coverage with limits no higher than the minimum financial amounts required by the law of the state whose laws apply to the loss. OPERATOR waives any and all rights to subrogation. If OPERATOR purchases theft/damage insurance, OPERATOR agrees to work diligently to satisfy any claims. All OPERATORs agree to waive his/her/their rights of subrogation in the event of an insurance claim. OPERATOR agrees to pay any deductibles and to make PROVIDER whole within a reasonable time, regardless of the length of the claims process between OPERATOR and insurer.
AGREED RETAIL VALUE: OPERATOR agrees to the Retail Value of the rented bicycle, as stated on this form and to pay 50% of current retail value of any lost or damaged rental equipment.
Safety Equipment: OPERATOR agrees to supervise additional OPERATORs and any person(s) using rented bicycles or equipment, or riding in or on rented bicycle and will ensure that others use safety equipment and use it properly. Furthermore, OPERATOR agrees that no safety equipment can replace prudent and safe behavior, by him/herself or others, and that the use of safety equipment is no guarantee to prevent injury. PROVIDER makes no warranty, claim or guarantee for quality, fitness for any particular purpose, or condition of any safety equipment. OPERATOR, additional OPERATORs, and any person(s) using rented bicycles or equipment under OPERATOR’s control, accept safety equipment As-Is and use it at their own risk, regardless of condition. As such, OPERATOR accepts full responsibility for the safety of him/herself and others at all times.
OTHER Charges and/or FINES: OPERATOR will pay PROVIDER or the appropriate government authorities on demand all Charges due PROVIDER under this Agreement, including: (a) time and mileage for the period during that OPERATOR keeps the Bicycle and Equipment, (b) charges for additional days/hours the bike is overdue; (c) optional products and services purchased; (d) applicable taxes; (e) any and all parking, traffic and toll fines or penalties, forfeitures, court costs, storage and impound charges and other expenses involving the Bicycle assessed against PROVIDER or the Bicycle; if OPERATOR fails to pay the charging authority for parking or toll violations, OPERATOR agrees to pay PROVIDER for those charges, plus our administrative fee of $50 for each such violation; (f) all expenses incurred in locating and recovering the Bicycle if OPERATOR fails to return it or if PROVIDER elects to repossess the Bicycle under the terms of this Agreement; (g) all costs including pre- and post-judgment attorney fees PROVIDER incurs collecting payment from OPERATOR or otherwise enforcing PROVIDER’s rights under this Agreement; (h) a 2% per month late payment fee or the maximum allowed by law, on all amounts past due, (i) $50 or the maximum amount permitted by Law, whichever is greater, if OPERATOR pays with a check returned unpaid for any reason, (j) all credit card reversals are subject to a $20 administration fee, (l) a reasonable fee, not to exceed $35, to clean Bicycle if returned substantially less clean than when rented (such as heavy mud or accumulated dirt). There will be a minimum $150.00 charge for recovery and retrieval of any Bicycle.
LATE FEE: The 24-hour fee will apply to any bicycle or equipment returned more than ½ hour after agreed return time, per day when the Bicycle and/or Equipment are late.
Security deposit: We may use your security deposit against any amounts owed to us under this Agreement.
Operator’s Property: OPERATOR releases PROVIDER, agents and employees from all claims for loss or damage to OPERATOR’s personal property or that of any other person, that PROVIDER received, handled or stored, or that was left or stored in or on the Bicycle or in PROVIDER’s offices, whether or not the loss or damage, was caused by PROVIDER, agents and employees or was otherwise PROVIDER’s responsibility.
Breach of Agreement: The acts listed under Collision Damage Waiver are prohibited uses of the Bicycle and breaches of this Agreement. OPERATOR waives all recourse against PROVIDER for any criminal reports or prosecutions that PROVIDER may take against OPERATOR that arise out of OPERATOR’s breach of this Agreement.
Miscellaneous: A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of performance of OPERATOR’s obligations under this Agreement. PROVIDER’s acceptance of payment from OPERATOR or failure or refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law OPERATOR releases PROVIDER from any liability or consequential, special or punitive damages about this rental or the reservation of a Bicycle. For circumstances beyond PROVIDER’s control, PROVIDER cannot explicitly guarantee the reserved bicycle will be available at the agreed time and no compensation will be due OPERATOR in the event of PROVIDER’s failure to have a bicycle available, for any reason.