By purchasing any items online (this website) or off-line (via phone or in person), I, as buyer, acknowledge and agree to be above 18 years of age. Buyer understands and agrees that what is posted in writing on this site are the only descriptions and features KartQuest claims or offers on any vehicle for sale on this site. Buyer acknowledges to have read and understands the terms and conditions of sale, vehicle listing, description, tech information and features, and by purchasing any vehicle online (this website) or off-line (via phone or in person) has been been informed via the written listing on this site of the vehicles features, description as well as terms and conditions of sale and return policy.
KartQuest reserves the right to change or delete vehicle as well as gear (accessories) listing and free gear listings without notice. Kartquest reserves the right to change feature listings without notice and to ship the new item models without notice as models change. Prices, specifications, and images are subject to change without notice. Buyer acknowledges and agrees that Kartquest.com is not responsible for listed features, typographical or illustrative errors.
Liability Release of Kart Quest.com Inc,
1) Jumping the vehicles can cause serious damage to the drive train (axle, transmission, suspension).
2) Injury or death can result from jumping vehicles. Do Not Jump.
3) I understand that the roll bars are cosmetic and a rollover could cause death or serious injury. The seller is not liable for death or serious injury.
4) I further understand that cosmetic damage is NOT covered by any factory warranties and unless noted.
5) Off-Road racing is dangerous. Death or injury could occur. The seller Is not liable for injury or death.
6) I understand all sales are final and that there is no right of rescission; no option for return or exchange for any vehicle(s) purchased.
7) I understand the warranty is a manufacturer parts replacement only. Parts are covered but no labor.
8) I understand that although some lending institutions do not require insurance, state law DOES require liability insurance and a driverï¿½s license. I also understand that none of the products offered by the dealer constitutes insurance and a separate policy would have to be purchased from an outside source to protect my purchase and fulfill state requirements.
9) I understand that I have only 72 hours to notify the seller of any issues to the paperwork or the vehicle. After the 72 hours it will be accepted by the purchaser.
10) Off Road use only. Driving on paved roads can cause axle or transmission damage to some models of off-Road vehicles. On some units both tires turn equally, these are not a limited slip differential. Injury or death can occur from operating a non DOT vehicle on public roads.
11) Time of Essence. Time is of the essence of this contract. Sellerï¿½s acceptance of partial payments shall not in any manner modify the terms of this contract and such acceptance shall not be construed as a waiver of any subsequent defaults on Buyerï¿½s part nor shall it waive the ï¿½time of essenceï¿½ provision.
12) Attorneyï¿½s Fees. If it is necessary for Seller to take legal action to enforce any of Sellerï¿½s rights under this contract, Buyer agrees to pay to the extent permitted by law, the Sellerï¿½s reasonable attorneyï¿½s fees and court costs.
13) General. This contract is governed by applicable federal law and the laws of the State of Arizona or California at Sellers discretion. Any provisions found to be invalid shall not invalidate the remainder hereof. Waiver of any default shall not constitute waiver of any subsequent default. All words used herein shall be construed to be such gender and number as the circumstances require. The contract shall be binding upon Buyerï¿½s heirs, personal representatives, successors and assigns and shall inure to the benefit of Sellerï¿½s successors and assigns. This contract constitutes the entire agreement between the parties with respect to the subject matter herein, and may not be altered or amended unless made in writing and duly executed by Seller.
14) Cash Deposit. If Buyer fails or refuses to accept delivery of any Vehicle or product or fails to comply with this contract, Seller may keep any cash deposit as liquidated damages, to the extent not prohibited by law. The deposit may also be used to reimburse the Seller for any expenses and losses Seller incurs or suffers as a result of Buyerï¿½s failure or refusal to accept delivery of the Vehicle or product or to comply with this contract. Such expenses and losses may include Sellerï¿½s reasonable attorneysï¿½ fees.
15) Non-Delivery. Seller is not liable for failure to deliver or for delay in delivering the Vehicle or other product where such failure or delay is due, in whole or in part, to any cause beyond Sellerï¿½s control or without Sellerï¿½s fault or negligence.
16) Risk of Loss; Insurance. The risk of loss to the Vehicle or any other items covered by this invoice passes to Buyer upon delivery of the Vehicle of other goods to Buyer at the address set forth by Buyer or such other place of receipt designated by Buyer. Buyer is responsible for maintaining its own theft and liability insurance coverage for the Vehicle.
17) Age. Buyer represents and warrants to Seller that Buyer if over the age of 18 years and is fully competent to enter into this contract. Buyer acknowledges that Seller is relying on this representation in entering and performing this contract.
18) Limitation of Damages. It is understood and agreed that Sellerï¿½s liability and Buyerï¿½s sole remedy, whether in contract, under any warranty, in tort (including negligence), in strict liability or otherwise shall not exceed the return of the amount of the purchase price paid by Buyer, and under no circumstances shall Seller be liable for any special, incidental, punitive or consequential damages, including, but not limited to, property damage, damage to or loss of equipment, lost profits or revenue, costs of renting replacements and other additional expenses, even if Seller has been advised of the possibility of such damages.
19) No Liability for Buyerï¿½s Negligence. Seller shall not be liable for any damages, losses or expenses as a result of Buyerï¿½s negligence, whether deemed active or passive and whether or not any such negligence is the sole cause of any such damage, loss or expense.
Conditions of Sale
20) It is the responsibility of the Buyer to insure the safety and safe operation of all items sold to Buyer.
21) The mechanical fitness of the machine is the sole responsibility of the Buyer and operator.
22) Buyer acknowledges that there are dangers and risks inherent in the operation and use of all off-road or on-road vehicles, including but not limited to the danger and risk of collision with natural and man-made objects and with other vehicles and recreational users. 28) Buyer understands that personal injury, death, dismemberment or property damage can occur from any type of operation of an off-road recreational vehicle. Buyer accepts and assumes full responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom and from unsafe operation.
23) It is highly recommended that the Buyer or operator of this vehicle: (i) wear a helmet and safety belts at all times during operation of the vehicle and (ii) attend a safety course in operating ATVs, Dirt Bikes, UTVs or Dune Buggies.
TERMS and CONDITIONS OF PURCHASE
By purchasing any items online (this website) or off-line (via phone or in person), I, as buyer, acknowledge and agree to be above 18 years of age. Buyer understands and agrees that what is posted in writing on this site are the only descriptions and features KartQuest claims or offers on any vehicle for sale on this site. Buyer acknowledges to have read and understands the terms and conditions of sale, vehicle listing, description, tech information and features, and by purchasing any vehicle online (this website) or off-line (via phone or in person) has been been informed via the written listing on this site of the vehicles features, description as well as terms and conditions of sale and return policy. By Buyer fully agrees that any and all issues will be handled in accordance with the binding terms and conditions of sale policy (found here) and the warranty policy clearly stated on the items listing page. KartQuest.com reserves the right to refuse service or sell to, cancel orders and or refund payments to anyone. KartQuest.com reserves the right to change or delete vehicle as well as gear (accessories) listings. KartQuest.com reserves the right to change feature listings without notice and to ship the new item models without notice as models change. Prices, specifications, and images are subject to change without notice. Buyer acknowledges and agrees that KartQuest.com is not responsible for listed features, typographical or illustrative errors.
The pictures provided on this website are only a representation of the actual product being sold. On occasion the factory may without notice make changes to any product that are not represented in the pictures provided. We will make every attempt to keep all of our pictures, specifications, and color changes as up to date as possible. At no point will KartQuest.com be held liable for factory authorized changes in design, specification, or color variations. The pictures provided on this website are only a representation of the actual unit being sold. At no point will KartQuest.com be held liable for factory authorized changes in design, specification, or color variations not represented by our pictures, videos or specification sheets.
I, as buyer, acknowledge and understand that riding an all-terrain-vehicle, Utility Vehicle, dirt bike, go kart, motorcycle, moped, pocket bike and gas scooter is a dangerous activity that requires various degrees of skill and experience for individual riders. I, as buyer, understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles advertised on our website. I, as buyer, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders. I, as buyer, agree to release and forever discharge KartQuest.com or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacture from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by KartQuest.com or its parent company or your presence upon the premises , whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacture or distributor. By this Agreement, it is my intention as buyer, to surrender and waive any rights to sue or exercise any legal rights to seek damages from KartQuest.com or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. I as buyer agree to pay notary fees of ($10) per signature if required by my states DMV. This Agreement shall be affecting and binding upon my heirs, agents, personal representatives and assigns. I, as buyer, hereby certify that I am over the age of 18 years of age. I, as buyer, have carefully read the foregoing and acknowledge that I understand and agree to all the above Terms and Conditions. I have had the opportunity to ask any and all questions regarding this Agreement and the affect of the same. I, as buyer, am aware that by purchasing this item and sending/remitting payment for it/them, I assume all risk, and waive and release certain substantial rights that I may have or possess. I, as buyer, therefore release all liability and waive all rights I may have in regards to my child's, or myself, activities with any items purchased from KartQuest.com
Important Limitations on your rights: I, as buyer, have carefully read the Terms and Conditions agreement as well as the warranty policy and acknowledge that I understand and agree to all the Terms and Conditions and Warranty Policy. I have had the opportunity to ask any and all questions regarding this Agreement and Warranty and how they relate to my purchase. I, as buyer, am aware that by purchasing this item and sending/remitting payment for any item(s), I assume all risk, and waive and release all legal rights that I may have or possess. I, as buyer, therefore release all liability and waive all Legal rights I may have in and with any items purchased from KartQuest.com. Any and all issues or problems will be solved in accordance to the terms agreement and warranty policy specified in this binding contract. By purchasing a product from KartQuest.com, once order has been shipped you agree that you waive your right to any chargeback on your credit card or Pay Pal account under any circumstance (except non-receipt of order) and will handle any and all issues in accordance to our terms and conditions policy and warranty policy.