TERMS OF SERVICE & RETURN POLICY
By scheduling a rental and clicking the click box, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
DISCLAIMER PHAT EGO ELECTRIC BIKES OF OREGON, LLC (“PHAT”)
NO RETURNS ON ALL CUSTOM/SPECIAL ORDER BIKES
INVENTORY RETURN CHARGE:
1. Free if cash paid and not used- 5 days.
2. 10% merchant free if used credit or debit used on new and unused bikes- 5 days
3. 15% If bike is used under 20 miles- 14 days
4. 50% If bike is used under 20 miles- 14 days
Purchaser/Renter agreement to pay the balance of cash sales price as indicated, to PHAT upon delivery of merchandise to Purchaser. PHAT shall not be liable for delays in delivery of merchandise beyond the proposed delivery date caused by strikes, accidents, fires, covid or unavailability of parts or supplies or any other cause beyond its control.
Purchaser/Renter hereby recognizes the hazards and risks involved in the use of the equipment and as a part of the consideration of the execution of this agreement by PHAT, purchaser/renter hereby assumes all of the risk of the use of said equipment, releases and agrees to hold PHAT harmless from and to reimburse and indemnify it, against all claims, damage suits, actions, liability, recoveries and judgments arising from and to the extent of Purchaser/Renter’s use of said equipment.
Purchaser/Renter hereby waives any and all claims for property damage and/or personal injuries, or death, which purchaser/renter of any other person may suffer as a result of the use of, said equipment. The purchaser/renter acknowledges that he/she assumes the risk of any loss, from injury, death or damage to himself or others, due to using PHAT parts and holds harmless PHAT and its owners-ents, officers, heirs, assigns and all employees.
Purchaser/Renter agrees that each paragraph and provision of the agreement is severable in the event one portion thereof is invalid, that in such event the remaining portions shall, nevertheless remain in full force and effect.
Purchaser/Renter hereby certifies that he/she has read and understands this purchase agreement. This agreement contains the entire understanding between purchaser/renter and PHAT; no other representation or inducement, verbal or written has been made which is not set forth herein.
Purchaser/Renter acknowledges that this agreement shall be binding upon his or her estate, executor, personal representatives and heirs. This contract subjects to Oregon laws.
Part or the purchase/rent price of this equipment is that the purchaser/renter must take and assume all risks and liability, known or unknown, arising from its use.
This agreement constitutes a Waiver and Release of Liability, whereby the Undersigned agrees to release, discharge, hold harmless, defend and indemnify PHAT and its owners, agents, officers and employees from any and all claims actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of the Undersigned’s test use of any electric bike for sale by PHAT. By signing this document, the Undersigned’s test use of an electric bike for sale by PHAT. By signing this document, the Undersigned acknowledges he/she may have at the present time, or in the future, for the negligent acts, omissions or other conduct by PHAT, its owners, agents, officers or employees of Lessor (not including gross negligence or intentional misconduct).
Please initial each item and sign below to acknowledge acceptance of this agreement.
_____ The Undersigned shall obey all state, federal and local regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating bikes or equipment from PHAT. The Undersigned is solely responsible for any citation or violation occurring during use of, or as the result of using, bikes or equipment from PHAT.
_____ The Undersigned represents that he/she is capable of safely operating and handling the bike or equipment and finds it in good working order, condition and repair. The Undersigned represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that the adequate preparations have been made to ensure safe completion of the test use or activity.
_____ The undersigned shall bear all risk and responsibility of and for any and all damage, loss or theft of the bike or equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay PHAT full cost of repair or replacement.
_____ The Undersigned shall return bikes and equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event any bike or equipment requires repairs or excessive cleaning. The undersigned agrees to all equipment for its designed purpose only.
_____ RECOGNITION OF RISK: The undersigned expressly acknowledges that using an electric bike or related equipment ate activities with inherent risks of injury to persons and property. THE UNDERSIGNED IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. The undersigned alone has determined the sufficiency of any safety gear or other precautions that the Undersigned decides gto minimize the risks of the activity, No party related to PHAT including owner and employees, has made any representations regarding the safety of, or the risks, the activity. THE UNDERSIGNED EXPRESSLY ASSUMES THE RISK OF THE ACTIVITY.
_____ RELEASE OF LIABILITY: The undersigned hereby RELEASES PHAT , its owners, agent, and its employees from liability of negligence (but not gross negligence or intentional misconduct) and HOLDS HARMLESS PHAT, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occuring as a result of the test use of said bikes and equipment.
____ This agreement constitutes the entire agreement between PHAT and the undersigned and no term may be waived or modified (including provision against oral modification” except in writing signed by both parties. There are no warranties, expressed or implied, by PHAT to the Undersigned, except contained herein, and PHAT shall not be liable for any loss or injury to the Undersigned nor to anyone else, of any kind or however caused. This agreement is one of the bailment only and the Undersigned is not PHAT’s agent while using said bikes and equipment. The laws of the State of Oregon shall govern this agreement.
____ The Undersigned is in a sufficiency sound and functional state of health to safely engage in bike and other activities as set forth above.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.