Terms & Conditions of Sale
“Birdys Scooters And ATVs LLC Terms & Conditions of Sale”
Birdys Scooters And ATVs LLC is a licensed and bonded authorized power sports dealer in the state of Indiana.
We always strive to provide excellent service for all our customers to ensure everyone has a great customer experience when purchasing from our dealership.
Operation, registration and license
Purchasers are responsible for registering and operating the vehicles in accordance with the local state laws and ordinances. The purchaser is responsible for contacting their local state dept. of transportation or dept. of motor vehicles to verify if the product(s) are legal for operation on and/or off road in their state.
Protecting Our Customers from Identity Theft
To protect the privacy and identity of our customers, we do not take orders over the phone. If you are having difficulty with our checkout or would prefer an invoice, please call us at 888-792-8149 and we will be happy to assist you in any way possible. If you cannot reach us due to high call volume, please contact us using our email address at: firstname.lastname@example.org
When you order through us, your order is processed immediately (Rush Processing) at no additional charge. Most websites that ship power sports charge an additional fee for this service. Most orders are shipped from one of our many warehouses soon after your order is placed. Since our order processing is done so quickly, the amount of time allotted to cancel an order before it is shipped is small. If you wish to cancel an order, you must do so within 1 hour after the order is placed. To cancel an order, please reply to your order confirmation email and request that it be cancelled, please include a brief description as to why you wish to cancel so we can include it in our records. If the order has been processed but has not shipped there will be a non-refundable fee of $50.00 If an order has already shipped, then it cannot be cancelled, and the order will follow our return policy.
We do Price Match. Make sure the product you would like to price match is identical to our competitor’s product (it must be a matching brand with identical model number, year, and color). If there is an extra charge required to make the competitors product identical to ours, such as warranty, shipping, rush processing, MSO fee, etc., those additional cost must be added to their advertised price. Some items on our website are not eligible for discounts and price match. Price Match Guarantee does not apply to:
1. Offers that include shipping charge discounts, gift with purchase, services, financing, bundling of items, free items, pricing errors, “Misprinted”, mail-in offers and online only offers.
2. “Buy One / Get One Free” advertisements
3. Advertisements that require a purchase to receive the advertised price or free product.
4. Items that are limited-quantity, out of stock, open-box, clearance, Outlet Center, refurbished/used, and items for sale
We offer free layaway on most of our items depending on availability. An initial down payment no less than One Hundred Dollars ($100) will be required to start a layaway. All layaway payments are non-refundable. If the customer decides they no longer want the item in layaway they may change to a different item that cost no less than the current amount paid up to that point. Due to limited space, we may have to re-order the specific make / model that the customer requests to be put in layaway. We will not hold a specific VIN for any duration of time. To ensure your item is ready for pickup upon final payment, please try to notify us 24 hours prior to your arrival.
Returns and Exchanges
Please contact us to obtain a Return Merchandise Authorization number (RMA) or email us at email@example.com. Returns will not be accepted without an RMA number. Once you have an RMA number, it is your financial responsibility to return the item to the address specified. We will not accept returns simply because you do not understand how to assemble the unit you ordered.
The product must arrive complete (including warranty cards, manuals, accessories, promotional items, etc.) and in the original packaging. A copy of your original invoice must be included in the return shipment. A 25% restocking fee will be applied for any items that are returned by the customer depending on the condition of the item. Furthermore, if any parts, accessories, hardware, manuals, packaging, etc. are missing – the cost to replace and or repair the item will be deducted from the final refund amount. If an item has been damaged, used, or maintained in any way other than that recommended by the manufacturer, this includes any mechanical alterations, the return will not be processed.
If you have the vehicle in your possession for more than 14 calendar days and it has been in use, you will not be eligible for return, refund or replacement. The vehicle and or parts can be sent to us at your own expense; we will repair it and send it back to you for our cost in labor, parts, and shipping.
Our shipping expenses are neither refundable nor reimbursed for any reason. This includes all freight charges: original shipment, returns, and parts warranty. Original freight expense will be deducted from your refund. If an order is refused at time of delivery, the cost incurred to us by the freight company will be deducted from your refund.
Items that will NOT be accepted for return include:
Clearance, Refurbished, Floor Model, or Used Items;
Parts, Accessories, Clothing, Riding Gear, or Helmets;
Damaged units caused by customer;
Unauthorized returns are subject to variable restock fees based on the condition.
Please note: All pickup order sales are final, and returns will not be accepted under any circumstance. This includes orders picked up at any of our warehouses, our distributor warehouses, manufacturer warehouses, or any of our retail stores.
The following is our general shipping policy. See above for specifics of warranty shipping.
All shipping related fees must be prepaid in full. Unless the customer is using Freight collect or has arranged his/her own freight. To qualify for Multi-unit shipping discounts all items in an order must ship from the same warehouse. If you are ordering more than one unit, made by two different manufacturers, they will not ship from the same warehouse. Multi-Unit shipping discounts are only applicable when advertised and all units must be on the same order being shipped to the same shipping address.
We will not guarantee any delivery schedule.
We are not responsible for shipping delays, as we are not the shipping company.
We are not responsible for damages that may occur during shipping.
We are not responsible for any extra cost incurred by the customer after the part has been shipped.
We are not responsible for the costs of return shipping and these costs must be included with the initial part order if not under warranty.
We are not responsible for any additional cost incurred by the shipping company, including but not limited to: any change made to the original shipping address on the order, re-delivery / re-scheduling fee due to missed delivery appointment.
We are not responsible for any cancellation of order shipping costs. All costs that may arise due to order cancellation must be paid in full, and are not refundable. (Example: If product or parts have left the warehouse and you cancel the order, the shipping company will still charge freight, regardless of your cancellation.
We understand that getting your product(s) in a timely manner is very important to you, which is why we make every effort to expedite your order at no additional charge. Estimated delivery times are typically 2-10 business days after your order has been processed depending on which warehouse we ship from as well as the state and location being delivered to. Because of the high volume of orders during the holidays, there may be some delays. As some unforeseen events may occur, we can make no guarantees on the exact delivery time and date. There may also be delays due to road and weather conditions depending on the area that the order will be delivered. Depending on the type of truck being used to delivery your vehicle, the freight company may request that you pick up your items from the local terminal, this typically only occurs if the access roads have weight restrictions or the delivery truck is unable to safely maneuver in or around the delivery location. Unfortunately, these occurrences are unforeseen and cannot be avoided, therefore, shipping cost cannot be discounted or refunded.
Due to excessive delivery rates to certain areas, an additional shipping fee may be added to your base shipping charge. Free shipping items may also be charged additional fees for delivery to certain areas. You have the option to pay the additional fee or cancel your order for a full refund, (if the item has not shipped).
Some Assembly required
Items will be shipped in a crate 80-95% assembled. You are responsible for performing the setup that a dealer would normally perform – such as putting on rear mirrors, trunk, charging the battery, hooking up the battery, checking tightness of all nuts and bolts, checking all fuel line / hose connections, changing oil, checking spark plug, etc. Occasionally some units may need other routine items checked/adjusted such as adjusting the carburetor idle and mixture screws, checking to ensure wires are well connected, adjusting chain slack, alignment, and clutch, if needed. For safety precautions, be sure to check and tighten all nuts and bolts prior to use and use Loctite if you need to. Be sure to check for appropriate engine fluid levels to ensure your vehicle is operating under the recommended conditions prior to use. We highly recommend having your unit assembled and tuned by a certified mechanic to make sure everything is done properly. If you choose to do the assembly yourself and have a question or cannot get your unit started, please call us toll FREE 1-888-791-8149. We will not accept returns simply because you do not understand how to assemble the unit you ordered, we will assist as much as possible but for us to assist you, you must be willing to follow our directions or take the unit to a local mechanic.
It is the sole responsibility of the Purchaser to stay informed and educated with new safety courses, material, product recalls, products safety and instruction information, including updates. These materials are, when available, can be found at the manufacturer of the products website. Birdys Scooters and ATVs LLC is not responsible for obtaining, communicating, or notifying the customer of this information in any capacity.
Inaccuracies, Product Variations, and Changes
We make every attempt to accurately list all product information on our website. It is possible; however, that unforeseen typographical errors, picture errors, or inaccurate information may occur. Customers are responsible to research and acknowledge the unit specification directly from the manufacturer. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice, including information pertaining to orders that have already been placed. We apologize for any inconvenience caused by any such errors.
You must inspect all equipment before using it and to take full responsibility for assuring that the equipment is in good working order and safe to use. Purchaser understands the nature of riding and vehicle related activities and acknowledges that Purchaser is qualified to operate said vehicle, and is in proper physical condition to participate in such activity. Purchaser agrees to assume all risks when allowing others to operate the purchased products
Warning! Riding these vehicles involve the risk and danger of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by Purchaser’s own actions or inactions, the actions or inactions of others participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to Purchaser, not readily foreseeable, and Purchaser fully accepts and assumes responsibility for all such risks, losses, costs, and damages incurred because of Purchaser’s participation in motorcycle and or ATV riding activity. Purchaser is responsible for researching familiarizing themselves with available Motorcycle and ATV safety and awareness guidelines as well as available ATV and Motorcycle Safety and Awareness Classes. ATV & Scooter Safety Hotline: 1-855-979-7676 ATVSafety.org, ATVSafety.gov
Before your order is shipped it is securely packaged to avoid any damages during transit. Once your order is delivered, please take the time to inspect the unit before the delivery driver leaves. If there are any minor damages to the unit, not the frame protecting the unit, please notate that on your delivery receipt (proof of delivery) AND contact us at 888-791-8149 for assistance. Please take photos and email them to firstname.lastname@example.org to file a claim. Any delivered orders without any notations on the delivery receipt of damages indicates you have received and accepted your order in good condition. If the unit, not the frame protecting the unit, is severely damaged please call 888-791-8149 to report this issue immediately. We will notify you to refuse delivery of the unit and to notate “refused due to damages” on the delivery receipt. We will process a replacement unit to be shipped out to you. If you refuse the unit without this noted, we cannot file a claim for you. Please understand that you must follow these guidelines to have your claim approved. Any requests for a damage claim without the above will not be accepted.
Warranty differs for store pickup and online orders. The warranty covers the same parts whether it was bought online and shipped or picked up in the store. In Store Crate Purchases have a 90-day warranty. Assembled in Store Purchases have a 180-day warranty. We strongly recommend purchasing assembled units whenever possible. When you purchase in the crate you are buying direct from the factory and you are responsible for making sure the unit you purchased is professionally assembled and inspected prior to use.
6 MONTH FACTORY PARTS WARRANTY COVERS THE FOLLOWING PARTS ONLY:
ENGINE CASE: The Engine case itself will only be covered if the damage caused was solely because of the mechanical failure of one or more of the internal lubricated components listed above. (Broken gears any damage from outside impact is not covered warranty)
DRIVE SYSTEM: All internal lubricated parts contained within the drive axle housing case, i.e. differential, differential gears, drive shaft, drive axles, CV joints, axle bearings, reverse gears and output shafts. The drive axle housing as well as the reverse gearbox housing, if damaged solely because of the mechanical failure of one or more or the internal lubricated components contained the drive axle housing will be covered. (Any bent, broken, or damage by outside impact is not covered warranty)
FUEL SYSTEM: For vehicles with carburetor; Carburetor, vacuum fuel pump, intake manifold, fuel tank and fuel petcock. For fuel injected vehicles; Fuel pump, fuel injectors, fuel rail and fuel pressure regulator.
ELECTRICAL: Stator, stator pickup, coil, voltage regulator\ rectifier, CDI, starter relay\ starter solenoid, starter motor, magneto, distributor assembly and injector relay.
COOLING SYSTEM: Radiator, radiator cap, thermostat, thermostat housing, temperature indicator switch, cooling fan motors; water pump and water pump housing.
BRAKES: Calipers, drum housings, drum brake linkage, reservoirs, rotors, and lines.
TRANSMISSION (Automatic or Standard): All internal lubricated parts contained within the transmission case, i.e. flywheel, hydraulic shift linkage, kick start spindle, kick start secondary gear and transmission gears. The transmission case itself will be covered if the damage was solely because of mechanical failure of one or more of the internal lubricated components contained within the transmission case. (Improper shifting of gears by not coming to a complete stop or not having a complete understanding of your vehicles shift pattern can cause damage to internal gears. (“This cause is not covered by warranty”)
OPTIONAL EXTENDED STORE WARRANTY
Standard 6 months warranty with all website vehicle orders.
1 YEAR FACTORY ENGINE WARRANTY COVERS THE FOLLOWING PARTS ONLY:
ENGINE: All internal lubricated parts, i.e. Pistons, piston rings, piston pins, connecting rods, rod bearings, camshaft, camshaft bearings, timing chain, crankshaft, crankshaft main bearings, oil pump, water pump, valves, valve springs, valve guides, valve seats, valve lifters and valve push rods. Additionally, the engine head and cylinder will only be covered if damage is caused solely because of the mechanical failure of one or more internal lubricated components listed above. (Broken gears any damage from outside impacted is not covered warranty)
COVERAGE AND LIMITATIONS
Initial assembly and preparation must be performed in accordance with the Consumer Motor Vehicle Delivery Preparation and Inspection Form when provided by the manufacturer. Additionally, all work must be performed by a professional mechanic (i.e. engine repair shop, motorcycle shop, or local auto repair shop) or an authorized Dealer of the manufacturer to assure your vehicle is in good working condition. Upon completion, you must mail in the Consumer Motor Vehicle Delivery Preparation and Inspection Form signed by the technician that performed the service. You will need to provide proof of this service when filing a warranty claim, so (end user) must keep your receipts. Subject to the limitations stated in this agreement.
The following is a list of items not covered by the warranty policy. This list is not all inclusive and may be modified at any time. Batteries, Belts, Brakes and Brake Pads, Chains, Clutch, Foot peg mount, Hand Levers, Hoses, Lights, Mirrors, Plastic Body, Seats, Shocks, Spark Plugs, Transmission, Tires, rims, body panels, fuses, forks, shocks, gaskets, light bulbs, seats, CV Boots, oil filter, air filter, fuel filter, filters, clutch wear parts, cables, drive belt, chain, spark plug, any part made from rubber, belts, batteries, sprockets, external springs, clips, nuts, bolts, fasteners, or welds.
The following conditions are not covered by the warranty policy:
Those items parts or equipment that are out of warranty.
Misuse or abuse of the vehicle including but not limited to Jumping, stunt riding, modification of any kind, racing, over revving the engine, improper adjustment/operation of the clutch, improper adjustment/operation of brakes, improper gear engagement.
Improper Maintenance. Failure to follow the minimum maintenance and break in requirements, failure to provide proper service documents.
Damage caused by an accident.
Labor to diagnose, repair, or replace parts. We do not reimburse any labor cost, or shipping charges.
All towing and/or shipping charges incurred are the responsibility of the customer.
Customer is to pay for parts, shipping both ways. In all cases you must send us the part that needs to be replaced. Failure to do so may result in you getting the wrong part. We are not responsible for wrong parts sent if we do not have your part to exchange and verify correct part numbers. There are absolutely no refunds for parts.
To begin warranty claim, please refer to your original order with a description of what you need and the best time to reach you. All claims must be made in writing. You may also email us at email@example.com. The defective warranty part(s) are required by the manufacturer to be returned to us and exchanged for new replacement part(s). *Note only the defective part(s) will be replaced and not the complete vehicle. Returning your defective part(s) will ensure we send you the correct part(s) and assist us in monitoring and correcting potential manufacture defects. In some instances, we may require a professional mechanic to provide us with their diagnosis before we replace certain parts under warranty.
You may seek a professional opinion prior to requesting replacement parts if you are unable to assist us in troubleshooting your issue over the phone. Many times, issues are quickly resolved in just a couple of minutes if you know what to look for. Your continued satisfaction is extremely important to us, so we process all claims as quickly as possible in hopes that your unit is up and running again as soon as possible. If we do not have the part you need readily available at our store or local warehouse, we will order it, sometimes parts must be shipped across seas. If this occurs, we will do our best to keep you informed, however, we can only provide you with the information we are provided from the manufacturer. Please keep in mind that threatening our workers, making demands, and yelling will not make the factory produce parts or ship parts any quicker.
You expressly agree that exclusive jurisdiction for any dispute with Birdys Scooters And ATVs LLC DBA birdysscootersandatvs.com, or in any way relating to your use of the this Site, resides in the courts in the county of Madison of the State of Indiana and you further agree and expressly consent to the exercise of personal jurisdiction in the courts in the county of Madison in the State of Indiana in connection with any such dispute including any claim involving Birdys Scooters And ATVs LLC DBA birdysscootersandatvs.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition.
To secure the contract price, and until the amount due has been paid in full, Purchaser gives BIRDYS SCOOTERS AND ATVS LLC a security interest in:
- The vehicle including all accessories and parts now or later attached;
- All insurance proceeds and other proceeds received for the vehicle;
- Any insurance policy, service contract or other contract financed by Purchaser and any proceeds of those contracts, and
- Any refunds of charges included in this contract, including but not limited to contracts for insurance or service contracts.
This security interest also secures any extension or modification of this contract.
Purchaser will be in default if:
Purchaser does not pay any amount when it is due;
Purchaser breaches any promise or terms in this agreement
Purchaser files bankruptcy, or the vehicle becomes involved in a bankruptcy;
If Purchaser defaults, BIRDYS SCOOTERS AND ATVS LLC may repossess the vehicle from Purchaser. Any accessory, equipment, or replacement part stays with the vehicle.
Purchaser agrees that if Purchaser defaults on this contract, that Purchaser shall be responsible for all attorney fees and costs of collection, and court costs along with all expenses incurred in repossession.
Any notices required to be given under this agreement, or by other law shall be given to BIRDYS SCOOTERS AND ATVS LLC at: 1661 Fair Weather Dr. Pendleton, IN 46064, and to Purchaser at the address provided by Purchaser at the time of purchase.
Disclaimer of Express Warranties
Other than those warranties Expressly provided for by this agreement, BIRDYS SCOOTERS AND ATVS LLC, states that any affirmation of fact or promise made by BIRDYS SCOOTERS AND ATVS LLC shall not be deemed to create an express warranty that the goods shall conform to the affirmation or promise, that any description of the goods is for the sole purpose of identifying them and shall not be deemed to create an express warranty that the goods shall conform to the description, that any sample or model is for illustrative purposes only and shall not be deemed to create an express warranty that the whole of the goods shall conform to the sample or model, and that no affirmation or promise or description, or sample or model shall be deed part of the basis of the bargain.
Disclaimer of Implied Warranties
BIRDYS SCOOTERS AND ATVS LLC HAS MADE NO WARRANTY THAT THE GOODS COVERED BY THIS CONTRACT ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, AND THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS CONTAINED IN THIS CONTRACT.
Waiver of liability
The following Waiver of Liability is a legal and biding contract, executed in the State of Indiana.
By purchasing any items on this website, I, as Purchaser, acknowledge and agree to be above 18 years or age or are the parent of a child under the age of 18 years. I, as Purchaser, acknowledge and understand that riding an all-terrain-vehicle (ATV), dirt bike, go kart, motorcycle, moped, pocket bike and gas scooter is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I, as Purchaser, understand that these activities can result in serious injury, or death to the person(s) and damages to property and voluntarily assume all risk associated with loss, damage or injury while riding the vehicles advertised by Birdys Scooters And ATVs LLC DBA birdysscootersandatvs.com. I, as Purchaser, 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 Purchaser, agree to release and forever discharge Birdys Scooters And ATVs LLC 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 my participation or use of these vehicles, use of equipment or property supplied by Birdys Scooters And ATVs LLC 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 BIRDYS SCOOTERS AND ATVS LLC, the manufacturer or distributor. By this Agreement, it is my intention as Purchaser, to surrender and waive any rights to sue or exercise any legal rights to seek damages from Birdys Scooters And ATVs LLC or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. This Agreement shall be binding upon my heirs, agents, personal representatives and assigns. I, as Purchaser, hereby certify that I am over the age of 18 years of age. I, as Purchaser, 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 all questions regarding this Agreement and the effect of the same. I, as Purchaser, 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 Purchaser, therefore release all liability and waive all rights I may have in regard to mine or my child’s activities with any items purchased from Birdys Scooters And ATVs LLC.