Terms & Conditions
OMB GROUP LLC
READ CAREFULLY: THIS IS A LEGAL RELEASE, ASSUMPTION OF RISK, WAIVER, AND COVENANT NOT TO SUE AGREEMENT.
TERMS and CONDITIONS OF PURCHASE
This document contains the terms and conditions of purchase (the “Terms”) governing your (“You(r)” or “Customer”) purchase of any parts or accessories (the “Product(s)”) from OMB GROUP LLC (“OMB,” “we,” “our” or “us”), whether online at OMBWAREHOUSE.COM or OMBPOWER.com or in person at an OMB retail location.
By purchasing any Product, you acknowledge and agree:
- that you have carefully read the Terms;
- that you fully understand the Terms;
- that you agree with and accept all of the Terms;
- that you understand that you are giving up substantial rights by agreeing to the Terms; and
- that if you are over the age of 18 you are entering into this agreement on behalf of yourself and/or your child who is under 18; and that if you are under the age of 18, your parent or adult guardian is entering into this agreement on your behalf.
For Online Purchases:You acknowledge that by clicking on the "PLACE ORDER" button, you are agreeing to all of the Terms and that your clicking on such “PLACE ORDER” button shall constitute your signature to, and acceptance of, the Terms in their entirety.
For Retail Purchases:You acknowledge that by completing your purchase of any Product from OMB, you are agreeing to and accepting all of the Terms in their entirety.
- Safety. The safety of our Customers is our utmost concern and is of prime importance. The Products are inherently dangerous and it is imperative that you fully abide by all the Terms, rules, regulations and practices relating to safety issues, including without limitation, all of the following:
- Operation of Products:
- Always wear a DOT-approved full-face helmet when riding minibikes, go-karts, drift trikes, or any off-road vehicle.
- Always buckle the chin strap when using a helmet.
- Always wear gloves that will protect the rider and ensure that your gloves also have extra protection for the knuckles and palms of your hand in case your hands come into contact with the ground when riding/driving off-road vehicles.
- Always wear long sleeved shirts and full-length pants in order to prevent scrapes, abrasions or bruises if you happen to fall. Full leather attire will further protect the rider if he or she happens to fall while operating.
- Do not ride in conditions that may impair your visibility or reaction time. Nighttime riding, riding in fog, snow or rain can greatly increase chances of injury.
- If minors are riding/driving off-road vehicles, there must be adult supervision at all times.
- All riders must obey local and state laws as well as have complete knowledge of all safety precautions and measures.
- Do not remove your hands or feet from the handlebars or footrests of your vehicle.
- Do not operate your vehicle at excessive speeds.
- Use extra care on unfamiliar terrain.
- Do not operate the vehicle in poor conditions, or on rough, slippery, or loose terrain.
- Do not attempt wheelies, jumps, or stunts.
- Turn the vehicle at low speeds.
- Avoid excessively steep hills.
- Never operate the vehicle in fast-flowing water.
- For information about where to safely ride, be sure to check the following sources:
- Installation of Products:
- All Products should be installed only by a certified mechanic. Once installed and prior to every ride, vehicles and engines should be inspected for safety and mechanical integrity. Customer assumes all responsibility for the proper installation, setup, and maintenance of any and all Products as well as the vehicle on which such Products are installed.
- OMB does not provide any mechanical services and labor is not included under any circumstance.
- It is the Customer’s responsibility to verify the proper usage, fit, and installation of any Products.
- OMB sells products that may increase the speed of any off-road vehicle. Any modifications made to any vehicle must be in accordance with the manufacturer's guidelines for intended uses, including without limitation, maximum speed.
- Removing or bypassing the governor from engines increases the user’s risk of injury. OMB does not condone or encourage the removal or bypassing of governors in small engines unless the proper parts are installed by a certified mechanic in accordance with the manufacturer’s guidelines of said parts.
- Products sold may require substantial mechanical skills to set up, adjust, maintain, repair, and upgrade. We strongly recommend that a certified mechanic perform all setup and mechanical operations to keep your Product operating properly and safely. Our Products come with absolutely no warranty.
- Maintenance of Products:
- Always maintain your vehicle in safe condition.
- Always do a safety check before each ride. This includes tire pressure and hoses, tightening of all screws and bolts, chain tension, and all adjustments.
- Keep the vehicle well maintained. Oil the chain every four hours of riding and adjust the tension of all cables for throttle and brakes after every riding session.
- Condition of Rider:
- To operate any Product you must be in sound physical and mental condition and possess the required skills to be able to do so.
- You must never operate any Product while under the influence of any form of alcohol or after you have taken any prescription or non-prescription drugs that could impair your performance.
- Assumption of Risk.
The Customer acknowledges and understands that riding a vehicle which incorporates or includes any Product is an inherently dangerous activity which can cause serious injury, serious disability, partial or total paralysis, or death as well as significant damage to property.
CUSTOMER HEREBY AGREES TO KNOWINGLY AND VOLUNTARILY ASSUME ANY AND ALL RISK OF BODILY INJURY, DISABILITY, DEATH and PROPERTY DAMAGE, WHETHER DUE TO YOUR NEGLIGENCE, THE NEGLIGENCE OF OMB, OR THE NEGLIGENCE OF OTHERS WHILE OPERATING OR USING ANY VEHICLE WHICH INCORPORATES OR INCLUDES ANY PRODUCT.
- Waiver, Release of Claims and Covenant Not to Sue.
You, on behalf of yourself, your child, any minor for whom you are the guardian, your heirs and successors in interest, now and forever waive, release and discharge OMB, its shareholders, directors, officers, employees, agents, successors and assigns (collectively, the “OMB Parties”) from any and all claims, demands, losses, expenses, attorney’s fees, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to the use and/or operation, condition or possession of any Product. This waiver and release extends to and includes any and all currently known claims, liabilities, injuries, damages, and causes of action as well as those that the parties do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. You represent and warrant that you have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue or be discovered in the future, and you voluntarily assumes that risk as part of this agreement.
To the fullest extent permitted by applicable law, you unconditionally release the OMB Parties from any and all responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the use and/or operation, condition or possession of any Product. You expressly waive any rights you may have under California Civil Code 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree and covenant on behalf of yourself, your children, any minor for whom you are the guardian, your personal representatives and your heirs that you will not sue or directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against, and that you are relinquishing any and all rights you now have or may have in the future to sue or directly or indirectly institute any legal, equitable, administrative, or other action, complaint, or proceeding against, any of the OMB Parties in connection with any matter arising from or pertaining to the condition, possession, use and/or operation of any Product.
If you, or anyone on your behalf, files a lawsuit or otherwise makes a claim against OMB, you hereby agree to indemnify OMB and pay all damages, costs, fees, expenses and attorney’s fees incurred by OMB in defending against such lawsuit or such claims.
- Limitation of Liability.
OMB will not be liable to you under any theory of liability, whether based in contract, tort, negligence, warranty, or otherwise, for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms or to our Products, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The total liability of OMB for any claim arising out of or relating to any Product will not exceed the purchase price of that Product. For all other claims arising out of or relating to these Terms, the total liability of OMB is limited to $100.
The limitations set forth in this section will not limit or exclude liability where it can not be excluded or limited under applicable law.
You hereby agree to indemnify, defend (by counsel reasonably acceptable to OMB), protect and hold OMB, its shareholders, directors, officers, employees, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) for death of or injury to any person or damage to any property whatsoever arising from or caused in whole or in part, directly or indirectly, from the use and/or operation, condition or possession of any Product. You agree to likewise indemnify OMB, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs or expenses, including attorneys’ fees, resulting from a violation of these Terms or other breach of this agreement.
You agree to promptly notify OMB of any third-party claims, cooperate with OMB in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorney’s fees). You also agree that OMB will have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities that may be set forth in any written agreement between you and any of the OMB Parties.
- The Terms shall be governed by, interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to conflict of law principles.
- No amendment, waiver, or modification of these Terms shall be valid unless in writing and signed by you and OMB.
- If any of the Terms shall be determined to be invalid, illegal or unenforceable under any controlling body of law, that provision shall be reformed, construed and enforced to the maximum extent permissible; and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
- You represent and warrant to OMB that you have the power and authority and the legal right to agree to the Terms and that the Terms constitute a legal, valid and binding obligation upon you and is enforceable against you in accordance with its terms.
- You expressly agrees that the Terms are intended to be as broad and inclusive as is permitted by Pennsylvania Law.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN CUSTOMERS.