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ORIGINAL EQUIPMENT MODIFICATIONS LLC
TERMS OF SALE, ASSUMPTION OF RISK, AND LIABILITY WAIVER
By purchasing, receiving, installing, modifying, or using any product sold by Original Equipment Modifications LLC ("OEM", "Company", "we", "our", or "us"), including but not limited to motors, gearboxes, wheels, tires, batteries, electrical components, wiring harnesses, controllers, replacement parts, accessories, and aftermarket products (collectively, the "Products"), the purchaser and any user of the Products agree to the following terms and conditions:
1. PRODUCT USE AND RESPONSIBILITY
The Products sold by Original Equipment Modifications LLC are intended for use as replacement, repair, upgrade, or aftermarket components. The purchaser is solely responsible for determining compatibility, proper installation, operation, maintenance, and safe use of any Product purchased from the Company.
The purchaser understands that installation of aftermarket or upgraded components may alter the original performance characteristics of a ride-on vehicle or toy.
2. MODIFICATIONS AND ALTERATIONS
The Company is not responsible for any modifications, alterations, repairs, upgrades, customizations, or changes made to any Product or vehicle after shipment. This includes, but is not limited to: motor upgrades, speed modifications, voltage increases or battery changes, wiring modifications, structural modifications, tire or wheel modifications, controller or electronic upgrades, or any installation not performed by the Company. Any modification or installation is performed entirely at the purchaser's own risk.
3. ASSUMPTION OF RISK
The purchaser acknowledges that ride-on vehicles, powered toys, and aftermarket components involve inherent risks, including but not limited to: loss of vehicle control, mechanical failure, electrical failure, property damage, serious bodily injury, permanent disability, and death. The purchaser knowingly and voluntarily assumes all risks associated with the purchase, installation, modification, maintenance, and use of the Products.
4. CHILD SAFETY AND SUPERVISION
The purchaser acknowledges that ride-on vehicles and powered toys should be operated only under appropriate adult supervision and in a safe environment. Original Equipment Modifications LLC is not responsible for accidents, injuries, damages, or losses resulting from improper use, lack of supervision, operator error, misuse, abuse, negligence, or failure to follow manufacturer recommendations.
5. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by applicable law, the purchaser, user, and any parent, guardian, heir, representative, or successor hereby releases, waives, and forever discharges Original Equipment Modifications LLC, its owners, officers, members, employees, contractors, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses arising out of or related to: purchase of any Product, installation of any Product, modification of any vehicle or toy, use or misuse of any Product, product incompatibility, mechanical or electrical failure, personal injury, disability, death, or property damage. This waiver applies whether the claim is brought by the purchaser, a user, a child, a parent, guardian, family member, or any third party.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Original Equipment Modifications LLC's total liability for any claim related to any Product shall not exceed the amount paid for the Product giving rise to the claim. Under no circumstances shall Original Equipment Modifications LLC be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.
7. PRODUCT CONDITION
All Products are sold "AS IS" and "AS AVAILABLE" except where prohibited by law or otherwise expressly stated in writing. The purchaser is responsible for inspecting all Products immediately upon receipt and notifying the Company of any shipping damage or order discrepancies within seven (7) days of delivery.
8. INDEMNIFICATION
The purchaser agrees to defend, indemnify, and hold harmless Original Equipment Modifications LLC from and against any claims, demands, lawsuits, damages, losses, costs, or expenses, including reasonable attorney's fees, arising from the purchaser's installation, modification, resale, distribution, or use of any Product.
9. ACCEPTANCE OF TERMS
By checking the acceptance box at checkout, completing a purchase, or using any Product sold by Original Equipment Modifications LLC, the purchaser acknowledges that they have read, understood, and voluntarily agreed to these Terms of Sale, Assumption of Risk, and Liability Waiver. The purchaser further acknowledges that they are at least 18 years of age and legally authorized to enter into this agreement.
TERMS OF SALE, ASSUMPTION OF RISK, AND LIABILITY WAIVER
By purchasing, receiving, installing, modifying, or using any product sold by Original Equipment Modifications LLC ("OEM", "Company", "we", "our", or "us"), including but not limited to motors, gearboxes, wheels, tires, batteries, electrical components, wiring harnesses, controllers, replacement parts, accessories, and aftermarket products (collectively, the "Products"), the purchaser and any user of the Products agree to the following terms and conditions:
1. PRODUCT USE AND RESPONSIBILITY
The Products sold by Original Equipment Modifications LLC are intended for use as replacement, repair, upgrade, or aftermarket components. The purchaser is solely responsible for determining compatibility, proper installation, operation, maintenance, and safe use of any Product purchased from the Company.
The purchaser understands that installation of aftermarket or upgraded components may alter the original performance characteristics of a ride-on vehicle or toy.
2. MODIFICATIONS AND ALTERATIONS
The Company is not responsible for any modifications, alterations, repairs, upgrades, customizations, or changes made to any Product or vehicle after shipment. This includes, but is not limited to: motor upgrades, speed modifications, voltage increases or battery changes, wiring modifications, structural modifications, tire or wheel modifications, controller or electronic upgrades, or any installation not performed by the Company. Any modification or installation is performed entirely at the purchaser's own risk.
3. ASSUMPTION OF RISK
The purchaser acknowledges that ride-on vehicles, powered toys, and aftermarket components involve inherent risks, including but not limited to: loss of vehicle control, mechanical failure, electrical failure, property damage, serious bodily injury, permanent disability, and death. The purchaser knowingly and voluntarily assumes all risks associated with the purchase, installation, modification, maintenance, and use of the Products.
4. CHILD SAFETY AND SUPERVISION
The purchaser acknowledges that ride-on vehicles and powered toys should be operated only under appropriate adult supervision and in a safe environment. Original Equipment Modifications LLC is not responsible for accidents, injuries, damages, or losses resulting from improper use, lack of supervision, operator error, misuse, abuse, negligence, or failure to follow manufacturer recommendations.
5. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by applicable law, the purchaser, user, and any parent, guardian, heir, representative, or successor hereby releases, waives, and forever discharges Original Equipment Modifications LLC, its owners, officers, members, employees, contractors, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses arising out of or related to: purchase of any Product, installation of any Product, modification of any vehicle or toy, use or misuse of any Product, product incompatibility, mechanical or electrical failure, personal injury, disability, death, or property damage. This waiver applies whether the claim is brought by the purchaser, a user, a child, a parent, guardian, family member, or any third party.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Original Equipment Modifications LLC's total liability for any claim related to any Product shall not exceed the amount paid for the Product giving rise to the claim. Under no circumstances shall Original Equipment Modifications LLC be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.
7. PRODUCT CONDITION
All Products are sold "AS IS" and "AS AVAILABLE" except where prohibited by law or otherwise expressly stated in writing. The purchaser is responsible for inspecting all Products immediately upon receipt and notifying the Company of any shipping damage or order discrepancies within seven (7) days of delivery.
8. INDEMNIFICATION
The purchaser agrees to defend, indemnify, and hold harmless Original Equipment Modifications LLC from and against any claims, demands, lawsuits, damages, losses, costs, or expenses, including reasonable attorney's fees, arising from the purchaser's installation, modification, resale, distribution, or use of any Product.
9. ACCEPTANCE OF TERMS
By checking the acceptance box at checkout, completing a purchase, or using any Product sold by Original Equipment Modifications LLC, the purchaser acknowledges that they have read, understood, and voluntarily agreed to these Terms of Sale, Assumption of Risk, and Liability Waiver. The purchaser further acknowledges that they are at least 18 years of age and legally authorized to enter into this agreement.