PEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from MBS Mountainboards. By using this site and/or accepting delivery of MBS Mountainboards products, you agree to be bound by and accept these terms and conditions.
1. Use of this Site. Customer agrees that the use of this site is on an “AS IS” basis, and accepts full responsibility for any viruses, bugs, or any current or potential problems with his or her computer which relate in any way to the use of this site. Customer is prohibited from posting or transmitting from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Further, Customer understands that these terms and conditions may change in the future, and that these terms and conditions may not apply to future use of this site or future purchases.
2. Intellectual Property. The content, organization, gathering, graphics, design, software, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a user of any such content or any part hereof is prohibited. The user does not acquire any ownership rights to any content or document in this site.
3. Title and Shipping Charges. Title to MBS Mountainboards Products passes to customer when Products are picked up by carrier or delivered to the carrier by MBS Mountainboards. Loss or damage that occurs during shipping by a carrier is the carrier’s responsibility or the customer’s responsibility. Prices for MBS Mountainboards Products are exclusive of shipping charges and applicable taxes.
4. Satisfaction Guarantee. Customer may return products purchased over this site for a refund of the purchase price plus any applicable taxes (not including initial shipping charges.) A restocking fee of 15% applies to all returns, and customer pays return shipping charges. All product(s) must be returned within thirty days of purchase to:
MBS Europe
New Rock, Kempley Road
Dymock
Glos GL18 2BB, UK
or to
MBS Mountainboards
5939 Delmonico Drive
Colorado Springs, CO 80919
5. Limited Warranty. MBS Mountainboards warrants MBS products against defects in workmanship and/or materials to the original retail purchaser for a period of ninety days from the original date of retail purchase. Warranty is limited to manufacturer’s defects in workmanship or materials. The warranty is void if the product is damaged due to misuse or abuse, modifications to the product, damage incurred in competition or commercial use, or damage due to improper assembly or repairs. Warranty claims shall be filed direct with Maxtrack (MBS Europe) via email – support@maxtrack.com. Customers in Europe without Internet access can call Maxtrack (MBS Europe) for warranty assistance on +44-870 242 7626.
WARRANTY DISCLAIMERS:
EXCLUSIVITY DISCLAIMER:
WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES ARISING FROM COURSE OF DEALING OR USING OR TRADE. MBS MOUNTAINBOARDS MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
PRODUCT SUBSTITUTIONS DISCLAIMER:
MBS MOUNTAINBOARDS RESERVES THE RIGHT TO UPDATE MODEL DESIGNS, OR SUBSTITUTE MODELS WITH GRAPHIC AND/OR COLOR CHANGES. PRODUCT REPLACEMENTS ARE SUBJECT TO ITEM AVAILABILITY. IF AN EXACT REPLACEMENT IS NOT AVAILABLE, REPLACEMENT WILL BE MADE WITH A COMPARABLE ITEM OF EQUAL OR GREATER VALUE.
LIMITATION OF LIABILITY DISCLAIMER:
SELLER SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE FOR DAMAGE OR LOSS OF OTHER PROPERTY, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF PROPERTY OR EQUIPMENT, CLAIMS OF CUSTOMERS OF THE BUYER, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. UNDER NO CIRCUMSTANCES SHALL SELLER’S LIABILITY EXCEED THE PURCHASE PRICE OF THE GOODS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. THE OBLIGATION OF MBS MOUNTAINBOARDS AND BUYERS SOLE REMEDY UNDER ITS LIMITED WARRANTY IS THE SUPPLY OF A REPLACEMENT FROM REGULAR PRODUCT INVENTORY LINES. MBS MOUNTAINBOARDS SHALL NOT BE LIABLE FOR ANY OTHER COSTS INCURRED NOR SHALL MBS MOUNTAINBOARDS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
6. Products. MBS Mountainboard’s policy is one of continuing product update, revision, and innovation. MBS Mountainboards may revise or discontinue products at any time.
7. Applicable Law/Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that he or she is buying MBS Mountainboards products for his or her own use and not for resale. Customer agrees that this agreement was entered into in the state of Colorado, and that any dispute arising hereunder shall be decided in accordance with its laws.
8. Reservation. MBS Mountainboards reserves the right to refuse to sell MBS Mountainboards products to anyone who, in the sole discretion of MBS Mountainboards, abuses this site or the benefits it provides.