TERMS OF SALE


PRODUCT LIABILITY DISCLAIMER

TERMS OF USE, WARRANTY & LIABILITY WAIVER

Happyroad XP trade marke and Impartition Plus inc. offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Happyroad XP trade marke and Impartition Plus inc. products indicates your agreement to these terms. If you do not wish to agree to these terms, look for return policy.

Terms of use

This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.

Exclusive Obligation

Our products has been designed for a variety of uses, but was neither designed nor manufactured as products for lethal purposes. These products may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of their use.

Use limitation

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, products or services obtained, from Happyroad XP trade marke and Impartition Plus inc. or its products.

Installation

Happyroad XP trade marke and Impartition Plus inc. recommends professional installation of all our products at our shop. It is up to you, the customer, to decide if you wish to use these services. You understand and agree that should you not wish or are unable to use these services, and would like to install the product(s) yourself, that you waive your right to warranty on your product. Should the self installation result in a damaged or unusable product, you agree that you and not Happyroad XP trade marke and Impartition Plus inc. are at fault and will not seek repayment for the aforementioned product(s). We will not refund or exchange products from a failed self installation.

High Risk Activity

Products sold by Happyroad XP trade marke and Impartition Plus inc. include equipment used in extreme conditions such as offroading. Participation in this activity is associated with a high level of risk. Risks include but are not limited to serious physical injury, disability and/or death. You participate in this activity at your own risk.

Assumption of Risk

By buying, using, or allowing the use of Happyroad XP trade marke and Impartition Plus inc. products, you understand and agree that extreme activities including offroading are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Happyroad XP trade marke and Impartition Plus inc. including but not limited to equipment malfunction from whatever cause, or any other fault of Happyroad XP trade marke and Impartition Plus inc. Additionally, you agree to indemnify, defend, and hold Happyroad XP trade marke and Impartition Plus inc. harmless from any third party claims.

Vehicle Modification

Modification of vehicles, through the use or misuse of Happyroad XP trade marke and Impartition Plus inc. products can lead to vehicle malfunction causing serious risk. Risks include but are not limited to vehicle damage, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else’s vehicle using Happyroad XP trade marke and Impartition Plus inc products. Happyroad XP trade marke and Impartition Plus inc. is not responsible and will not be held liable for any modifications done to vehicles, through the use or misuse of its products, even if the modifications include but are not limited to, bypassing or eliminating vehicle safety features, installing parts that go against the vehicle manufacturer safety regulation and standards, and/or improper installation and adjustment of Happyroad XP trade marke and Impartition Plus inc products.

Limitation Of Liability

As set forth above under the limited warranty provisions, Happyroad XP trade marke and Impartition Plus inc. liability is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall Happyroad XP trade marke and Impartition Plus inc. liability exceed the value of the product(s) sold. In no event shall Happyroad XP trade marke and Impartition Plus inc. be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.

Warning

Use and misuse of products sold by Happyroad XP trade marke and Impartition Plus inc. may involves serious risks including injury, disability and death. Purchasers assume all risks.

Inspect Before Each Use

This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Happyroad XP trade marke and Impartition Plus inc.  for a replacement.

Entire Obligation

The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Happyroad XP trade marke and Impartition Plus inc. with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Applicable Law

Your order from Happyroad XP trade marke and Impartition Plus inc., and this disclaimer statement are governed by the laws of the province of Québec, Canada. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of Canada, in all disputes arising out of or relating to the use of these products. Use of these products is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Modification of Terms and Conditions

Happyroad XP trade marke and Impartition Plus inc.  reserves the right to change the terms, conditions, and notices under which it’s products are offered.