Ryan Flyer, LLC is committed to 100% Customer satisfaction. When purchasing from us the buyer agrees to the terms in this disclaimer waiver.
The buyer agrees that they understand the safety risks associated with electric quadricycles, trikes and lithium-ion batteries sold by Ryan Flyer, LLC. The buyer accepts all responsibility and risk of this electric quadricycle or trike and battery and understands it’s a machine that needs pre-use maintenance and care. The buyer agrees to ride safely and take good care of their quadricycle or trike and battery pack.
Our electric quadricycles and trikes are sold new or “As-Is” in new working order. The buyer must inspect the quadricycle or trike upon delivery and read the online instructions before riding.
The buyer accepts the risks and responsibility associated with owning and riding their electric quadricycle or trike. We advise the buyer to wear a helmet at all times, use lights for night time riding, and to follow all traffic laws. State and local laws vary on the legalities of driving an electric quadricycle on streets, sidewalks and bicycle paths. Buyer is responsible for and assumes all responsibility for, understanding and following any and all traffic laws in their area. The buyer agrees Ryan Flyer, LLC, it’s agents and representatives are not liable in the event any riders break the law. Buyer agrees not to attempt to hold Ryan Flyer, LLC, it’s agents or representatives, responsible for any tickets issued while driving or riding a Ryan Flyer quadricycle or trike.
The buyer agrees that Ryan Flyer, it’s agents and representatives, are not responsible for injuries due to negligence or hereby any other reason why the person riding the electric quadricycle or trike was injured. The buyer understands this waiver is a legal document that puts the risk and legal liability solely on the buyer. Ryan Flyer, LLC, it’s agents and representatives, cannot oversee and supervise safety and proper usage of any electric quadricycle or trike. Therefore, will not be held responsible for any actions of the buyer or rider.
The buyer or rider is likely in a wheelchair and therefore may have a serious medical condition and could be injured riding or crashing a quadricycle and therefore should consult their doctor before operating a Ryan Flyer quadricycle.
The buyer agrees to not ride in significant rain or snow. The buyer agrees not to ride off-road, in unauthorized areas, or perform any stunts. Do not use any solvents on the frame. The rider should check the tightness and integrity of all parts prior to each ride.
The buyer understands that in some states, riders must be at least 18 years of age to ride an electric quadricycle. Buyer assumes all risk by allowing anyone, including persons under 18 years old, to ride or drive their quadricycle.
For safety reasons, do not allow the total passenger and carry on weight to exceed 350 pounds. Failure to do so could result in the collapse of the frame or in a burnt out motor.
The buyer agrees not to change the voltage level or tamper with the battery or electrical components of the quadricycle. Doing so can result in a short circuit or fire. The buyer and riders agree that Ryan Flyer, LLC, it’s agents and representatives, are not liable in the event of any kind of battery failure while driving, riding or storage. The battery and charger were tested before being sold to the customer and are in good working order. Unplug the battery charger from the wall before plugging it into the batter. The battery can get a max distance on a battery charge if the throttle is used sparingly and the rider pedals along with the motor. Many different factors such as road surface, wind, tires, and weight of the rider help determine the battery range. The buyer and rider understand the distance and speed capabilities of their quadricycle or trike.
The buyer understands the quadricycle or trike will need adjustments to their suitability and regular maintenance. This electric quadricycle is assembled in the U.S. and includes foreign-made parts. The buyer understands that this particular electric quadricycle or trike they are purchasing may not have been assembled by Ryan Flyer, LLC.
This is a legal binding contract which supersedes any other agreements or representations by or between the parties and is a release of liability. Buyer understands and agrees with the terms of this assumption of risk, indemnification, but is not intended to assert any claims or defense which are prohibited by law.
Battery packs, electric quadricycles, and trikes, to include all parts, are not warranted in the event of a crash or misuse. Used electric quadricycles are not warrantied without the purchase of a used quadricycle or trike warranty.
The buyer and any rider agree to waive their right to file suit against Ryan Flyer, it’s agents or representatives, for any reason to include the event of an injury, damages of any kind or death to the buyer or rider. The buyer acknowledges filing suit will result in a countersuit from us.
The buyer has read this waiver and fully understands and agrees with all the provisions in this waiver and instructions included with the electric quadricycle before purchasing.
DRIVING AND RIDING IN A QUADRICYCLE OR TRIKE INVOLVES RISK OF INJURY AND DAMAGE. BY CHOOSING TO RIDE A QUADRICYCLE OR TRIKE, YOU ASSUME ALL RESPONSIBILITY FOR THAT RISK, SO IT IS IMPORTANT TO UNDERSTAND AND PRACTICE THE RULES OF SAFE RIDING AND OF PROPER USE AND MAINTENANCE OF YOUR QUADRICYCLE OR TRIKE. SOME OF OUR PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, OUR PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF SERVICE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE PRODUCTS. IN NO EVENT SHALL RYAN FLYER, LLC, IT’S AGENTS OR REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF OUR PRODUCTS, AND YOU AGREE TO HOLD US HARMLESS FROM THE SAME. YOUR USE OF OUR PRODUCTS IS SOLELY AT YOUR OWN RISK. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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