GT BICYCLES
CUSTOMER TERMS AND CONDITIONS
These Terms and Conditions apply to every online purchase of GT products (“Products”) by an end-use customer (“Customer” or “you”) from GT Bicycles, LLC (“GT”) through GT’s website at www.gtbicycles.com (the “Website”). Customer’s purchase of any GT Product through the Website constitutes Customer’s legally-binding acceptance of these terms and conditions. If you do not accept these Terms and Conditions, do not proceed with the purchase of GT Products through the Website.
1. PRICES and ORDERS:
Prices for GT Products are as stated at the time of purchase. Prices do not include applicable taxes unless otherwise stated. Taxes may be stated as an additional line item at the time of purchase. GT offers no price protection. GT reserves the right to adjust prices at any time in its sole discretion. GT is not liable for refunds, credits, or claims arising from price differences between prices in effect at the time of purchase as compared to any other time before or after the time of purchase. Your purchase of GT Products through the Website (“Order”) shall be deemed to be an offer by you to purchase said GT Product in accordance with these Terms and Conditions. Acknowledgement of receipt of an Order shall not constitute acceptance of an Order by GT unless acceptance is expressly stated in such acknowledgement. GT reserves the right to decline to accept any Order entirely or to cancel any previously-accepted Order in its discretion and for any reason. GT Products sold through the Website are intended for use by the Customer and not for resale. GT may cancel any order that GT believes was placed with the purpose of reselling the product or is otherwise contrary to good faith. An Order shall only be accepted by GT when GT does so in writing or when GT delivers the ordered GT Product(s) to you, whichever occurs first, and only to that extent. All orders must be fully paid in advance prior to shipment. Customers are encouraged to register their GT Product upon purchase by visiting the Registration page on GT’s website.
2. CARRIERS, SHIPPING, CLAIMS:
GT will use its preferred carriers for all Customer shipments. Customer may be offered multiple alternative shipping methods or carriers upon checkout. Title and risk of loss to GT Product(s) shall pass to the Customer upon shipment. All claims for damaged goods must be made within 3 business days of receipt of goods. Returns must be authorized by GT and a Return Authorization number must be applied to the shipping documents. GT cannot process a request for return of goods without a GT issued Return Authorization number. Returns required as a result of Customer error must be shipped freight pre- paid and are subject to a 15% re-stocking charge. Returned goods must be received within 14 days of issue of the Return Authorization number. GT is not responsible for shipping delays or other delivery issues caused by or attributable to force majeure, third party acts or omissions, or other events or circumstances outside GT’s control.
3. ASSEMBLY:
Many GT Products require assembly prior to use as well as periodic maintenance and service. GT recommends having all GT Products assembled and serviced by skilled professionals with the necessary experience, tools and equipment. GT has created the GT Connect App to assist online customers with locating an authorized service provider for assembly, maintenance, and service. FAILURE TO PROPERLY ASSEMBLE, MAINTAIN OR SERVICE GT PRODUCTS MAY RESULT IN SERIOUS PERSONAL INJURIES OR DEATH TO CUSTOMER AND/OR THIRD PARTIES AS WELL AS EXTENSIVE PROPERTY DAMAGE. GT IS NOT RESPONSIBLE FOR CLAIMS OR LOSSES ARISING FROM ASSEMBLY, MAINTENANCE OR SERVICE OF GT PRODUCTS BY CUSTOMER OR ANY THIRD PARTY. THE FOREGOING EXPRESSLY INCLUDES, WITHOUT LIMITATION, ASSEMBLY, MAINTENANCE, OR SERVICE PROVIDED BY AN AUTHORIZED SERVICE PROVIDER FOUND THROUGH THE GT CONNECT APP. THE GT CONNECT APP IS PROVIDED AS AN ACCOMMODATION TO ITS CUSTOMERS AND GT NEITHER ACCEPTS NOR ASSUMES ANY LIABILITY FOR THE CONDUCT OF ITS AUTHORIZED SERVICE PROVIDERS IN ANY MANNER WHATSOEVER, EVEN IF CUSTOMER WOULD NOT HAVE OTHERWISE FOUND THE SERVICE PROVIDER. USE OF THE GT CONNECT APP AND ANY AUTHORIZED SERVICE PROVIDER IS AT CUSTOMER’S SOLE RISK AND IS SUBJECT TO THE GT CONNECT APP CUSTOMER TERMS AND CONDITIONS ACCEPTED BY CUSTOMER PRIOR TO USE OF THE GT CONNECT APP.
4. WARRANTY:
EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THE OWNER’S MANUAL DELIVERED WITH YOUR GT PRODUCT OR POSTED ON THE GT WEBSITE AT THE TIME OF PURCHASE, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GT MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THEIR DESIGN, CONDITION OR THE QUALITY OF THEIR MATERIALS AND WORKMANSHIP, TO ANY PERSON WHATSOEVER. FURTHERMORE, GT MAKES NO REPRENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ANY SERVICE PROVIDED BY ANY SERVICE PROVIDER, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED BY AN AUTHORIZED SERVICE PROVIDER FOUND THROUGH THE GT CONNECT APP. ANY AND ALL SUCH ADDITIONAL REPRESENTATIONS AND WARRANTIES (EXPRESS AND IMPLIED) ARE HEREBY DISCLAIMED. Some jurisdictions do not allow the full disclaimer of all such warranties, so some or all of foregoing disclaimers may not apply to you..
Customers with potential warranty claims should visit GT’s website at www.gtbicycles.com for more information. Warranty requests will be approved or denied at the sole discretion of GT. If a claim is approved, GT will, at its option, repair or replace the GT Product in accordance with GT’s warranty policies and procedures. Except where otherwise required by applicable law, the foregoing remedy is the sole and exclusive remedy available to Customer.
5. ASSUMPTION OF RISK; LIABILITY RELEASE AND INDEMNITY:
Customer fully understands and acknowledges that: (a) BICYCLING AND RELATED ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH TO CUSTOMER AND THIRD PARTIES AS WELL AS PROPERTY DAMAGE TO CUSTOMER AND THIRD PARTIES ("Risks"), WHICH RISKS CAN BE INCREASED IN THE EVENT OF IMPROPER ASSEMBLY OR SERVICE OF RELATED PRODUCTS; (b) these Risks and dangers are inherent in bicycling and related activities and may be caused by Customer’s own actions or inactions, the actions or inactions of others, or the conditions in which the activities take place; and (c) there may be other risks and social and economic losses either not known to Customer or not readily foreseeable at this time. CUSTOMER FULLY ACCEPT AND KNOWINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I INCURRED AS A RESULT OF CUSTOMER’S PURCHASE, OWNERSHIP, ASSEMBLY, MAINTENANCE, SERVICE, AND USE OF GT PRODUCTS AND PARTICIPATION IN RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING FROM ENGAGING IN SUCH ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF GT OR OTHERWISE.
To the maximum extent allowed under applicable law, Customer hereby releases, discharges, and covenants not to sue, each of GT and its owners, affiliates, administrators, directors, agents, officers, members, volunteers, and employees, and each of their respective successors and assigns (each a "Releasee") from any and all liabilities, claims, demands, losses, or damages caused or alleged to be caused in whole or in part by the purchase, ownership, assembly, maintenance, service, or use of GT Products or participation in any related activities, including any of the foregoing arising from the negligence or other wrongful conduct of any Releasee or otherwise, or from the breach of any representation or warranty given by Customer, or from the interpretation or construction of these Terms and Conditions (collectively, “Claims”). Customer further covenants not to make or bring any such Claim against any Releasee and, if for any reason the foregoing covenant not to sue is not enforced or respected, or if any third party should bring a Claim against any Releasee, to indemnify, defend, and hold harmless each of the Releasees from any and all litigation expenses, attorneys' fees, losses, liabilities, damages, and costs which any Releasee may incur as the result of any such Claim. Customer understands that by accepting the foregoing liability waiver and indemnity agreement, Customer is waiving any and all Claims of any kind, including those Claims that may be unknown to Customer or which Customer does not suspect to exist at this time. Some jurisdictions do not allow the full and complete release and waiver of claims set forth above, so some of the foregoing provisions may not apply to you.
6. LIMITATION OF REMEDY AND LIABILITY:
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL GT OR ANY OTHER RELEASEES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF LOSS OF PROFIT OR REVENUE, COSTS OF DELAY, LOSS OF TIME OR INCONVENIENCE OR COSTS OF PROCURING SUBSTITUTE PRODUCTS) EVEN IF SUCH DAMAGES ARE FORESEEABLE OR THE RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RELEASEES’ TOTAL LIABILITY AND OBLIGATION IN THE AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY CONNECTION WITH THIS AGREEMENT, WITH RESPECT TO ANY EXPENSE, DAMAGE, LOSS, INJURY, OR LIABILITY OF ANY KIND, REGARDLESS OF THE CAUSE OR FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, BY STATUTE OR OTHERWISE) SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED AND SHALL NOT EXCEED THE ACTUAL AMOUNTS PAID TO GT UNDER THE APPLICABLE ORDER IN RESPECT OF THE PRODUCTS SUBJECT TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW ALL OR CERTAIN PORTIONS OF THE FOREGOING LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
7. GOVERNING LAW; JURISDICTION AND VENUE:
These Terms and Conditions and your purchase, ownership, and use of GT Products and/or the GT Connect App are formed and shall be construed, performed and enforced under the laws of the State of California (USA) as if made and performed by California residents without application of its conflicts of laws doctrines and without application of rules favoring the non-drafting party. Jurisdiction and venue for any and all actions arising from these Terms and Conditions, your purchase, ownership, or use of GT Products and/or the GT Connect App, or any other matter between GT and you shall be in the California Superior Court sitting in Orange County, California. If any such action is removed to federal court for any reason, jurisdiction and venue shall be in the United States District Court for the Ninth Circuit (Central California) sitting in Santa Ana, California. Customer consents to the exclusive jurisdiction of the foregoing courts and waives all objections to venue therein.
8. GENERAL PROVISIONS:
Customer shall not assign its rights or obligations under this Agreement without GT’s prior written consent. These Terms and Conditions contain the entire agreement between the parties with respect to the subject matter hereof. There are no additional understandings, agreements or representations, express or implied, between the parties not specified in these Terms and Conditions. Neither these Terms and Conditions nor any of GT’s rights can be (or will be construed to be) amended, modified, waived, released, or limited except in a written instrument signed by GT and specifically indicating an intent to so amend, modify, waive, release or limit. If it is determined by any competent authority that any provision of these Terms and Conditions is invalid, unenforceable, or inapplicable, such determination shall not affect any other provision (all of which shall remain in full force and effect), and the invalid, unenforceable, or inapplicable provision shall be modified to the extent necessary to make it valid or enforceable while retaining its essential purpose. Customer acknowledges that acceptance of these Terms and Conditions through the Website (whether by checking a box, clicking to accept, or otherwise) constitutes Customer’s legally binding signature and agreement to be bound hereby with the same force and effect as an original signature.
9. KNOWING AND VOLUNTARY ACCEPTANCE:
CUSTOMER REPRESENTS, WARRANTS, AND AGREES WITH GT THAT HE OR SHE IS 18 YEARS OF AGE OR OLDER, HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS, UNDERSTAND THAT HE OR SHE MAY BE GIVING UP SUBSTANTIAL RIGHTS BY ACCEPTING THESE TERMS AND CONDITIONS, AND THAT HE OR SHE HAS ACCEPTED THESE TERMS AND CONDITIONS VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. CUSTOMER FURTHER ACKNOWLEDGES THAT ACCEPTANCE OF THESE TERMS AND CONDITIONS IS A CONDITION TO CUSTOMER’S PURCHASE OF GT PRODUCTS THROUGH THE WEBSITE AND THAT IN SELLING GT PRODUCTS TO CUSTOMER THROUGH THE WEBSITE, GT AND THE OTHER RELEASEES ARE RELYING ON THESE TERMS AND CONDITIONS.