Liability Waiver Terms & Agreement
THIS AGREEMENT AT TIME OF PURCHASE
BETWEEN: MaPLE
AND:
ONLINE PURCHASER
(Hereinafter called "the Purchaser")
1. SALE OF CUSTOM MADE OR MODIFIED MOTORCYCLE PARTS
The Purchaser hereby agrees to purchase and MaPLE to sell.
Custom made motorcycle parts that are for OFF ROAD USE and/or SHOW PURPOSES ONLY!
(Hereinafter called "the PARTS")
2. LIMITATION OF LIABILITY
In no circumstances whatsoever shall MaPLE be liable for, nor shall any claim be made against MaPLE for, indirect or consequential damage including, without limitation, loss of profits or goodwill or damages consequential upon loss of use, nor for any personal injury or death suffered by any persons, nor any other consequential damage, injury or loss which may directly or indirectly result from the use of the PARTS and the Purchaser hereby waives and releases MaPLE from all such claims, and including claims arising from negligence or fault by MaPLE or by any agent or employee of MaPLE, and the Purchaser agrees to insure itself against all such claims, and agrees to indemnify and save harmless MaPLE from any such claims which may be made or brought against MaPLE by any persons at any time and which claims arise, directly or indirectly, from the use of the PARTS supplied pursuant to this Agreement.
a) Motorcycling is an inherently dangerous activity. A mechanical failure of any of these parts can result in the loss of driver control of the vehicle and subsequent collision or vehicle roll-over which can cause serious bodily injury, paralysis or death to persons or possible damage to equipment. The Purchaser further acknowledges that he/she is installing and using the PARTS at his/her own risk. Knowing the above risks of installing and/or using the PARTS, the Purchaser nevertheless hereby agrees to assume those risks and to release, discharge and hold harmless MaPLE who (through negligence, carelessness or otherwise) might be liable to the Purchaser or the Purchaser’s heirs or assigns, for any and all damages for death, personal injury or property damage of any kind.
b) The parts are sold "AS IS" & to the maximum extent permitted by applicable law, MaPLE disclaims all other representations & warranties, express or implied, regarding the parts including without limitation, their performance their noninfringement of third party rights, or other characteristics, or results obtained by using the parts.
c) The parts are being sold for off-road and/or show use only. If installed on any vehicle (cars, boats, motorcycles, etc.) that are used on any public highway, street or road it is at the purchasers own risk. The purchaser accepts all liability that may result from this action. The parts are not approved by the Department of Transport, the National Highway Traffic Safety Association or any other government or non-government body. Nor has application been made for approval.
The Purchaser indicates that he/she has read, understands and agrees to the Liablilty waiver Term & Conditions stated above.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written.
Executed on behalf of
MaPLE