Terms of Service

These terms of service (“Terms”) govern the use of all parts, products, materials, labor, services, and websites (collectively referred to as “Products and Services”) offered and provided by Baxter Built (“we,” “us,” or “our”). By using or continuing to use the Products and Services after being notified of a change to these Terms, you agree to accept and abide by these Terms. By using our Products and Services, you represent that you have reached the age of majority and are competent to enter into binding contractual agreements, including these Terms.

1. All Sales are Final

All sales of parts, products, and services provided by Baxter Built are final. We do not accept requests for refunds or exchanges of any parts, products, or services.

2. Payment

Payment for all Products and Services is due and payable prior to shipping or pickup, but no later than three days after we notify you that the Products and Services have been completed.

3. No Warranties

Baxter Built makes no warranties, guarantees, or conditions, whether express or implied, regarding any Products and Services you purchase or use. You understand and acknowledge that your use of our Products and Services is at your own risk and that we provide them on an “as is” basis. You assume the entire risk associated with the use of our Products and Services. We disclaim any implied warranties, including but not limited to merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement.

4. Assumption of Risk

You acknowledge and assume all responsibilities and liabilities for the risks involved in riding and using dirtbikes. This includes any damage or destruction of your dirtbike or the property of any third party, as well as any bodily injury or death resulting from the malfunction or failure of our Products and Services. Baxter Built is not liable for any errors in specifications, part numbers, product listings, prices, or model applications or for any damages, bodily injury, or death resulting from such errors.

You acknowledge that the installation of parts and components should be performed by a qualified technician. Proper installation, use, and maintenance of the parts and components are essential to ensure safety. Baxter Built strongly advises the use of high-quality safety equipment when using dirtbikes.

5. Limitation of Liability

If you have any basis for recovering damages against Baxter Built, regardless of the theory of liability, your exclusive remedy is to recover from Baxter Built direct damages up to an amount equal to any sums you paid to Baxter Built for the Products and Services. You cannot recover any other damages or losses, including compensatory, consequential, special, indirect, incidental, or punitive damages.

6. Indemnity

You agree to indemnify, defend, and hold Baxter Built (including its successors, assigns, members, officers, directors, representatives, employees, attorneys, and agents) harmless from and against any and all claims, suits, liabilities, losses, damages, costs, and expenses (including attorney’s fees) arising out of or related to these Terms, the Products and Services, and any damage or destruction of your property or that of any third party, as well as any bodily injury or death resulting from the use of our Products and Services.

7. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Products and Services provided by Baxter Built shall be decided through binding arbitration in accordance with the rules of the American Arbitration Association, except as provided by California law for judicial review of arbitration proceedings. The arbitration venue shall be in Riverside County, California. You consent to personal jurisdiction in California and agree to submit to the exclusive jurisdiction of the courts located in Riverside County, California.

8. Warning

WARNING: Crude oil, gasoline, diesel fuel, and other petroleum products can expose you to chemicals, including toluene and benzene, which are known to the State of California to cause cancer and birth defects or other reproductive harm. These exposures can occur in and around oil fields, refineries, chemical plants, transport and storage operations such as pipelines, marine terminals, tank trucks, and other facilities and equipment. For more information, go to: www.P65Warnings.ca.gov/petroleum.