Legal Information and Downloads

Acknowledgement of Risks

Acknowledgment of Risks and Hazards Waiver and Assumption of Risk

 

The undersigned, (Customer), voluntarily makes and grants this ACKNOWLEDGEMENT OF RISKS AND HAZARDS – WAIVER AND ASSUMPTION OF RISK in favor of Échappé Equipment (Seller) as partial consideration, in addition to monies paid to Seller, for the opportunity to use the equipment, materials of Seller; and/or receive assistance, guidance, and/or instruction from the personnel of Seller.

 

I accept for use as is, the equipment and related parts, and accept full responsibility for their care until returned to Seller. I UNDERSTAND THAT THIS EQUIPMENT IS FOR MY PERSONAL USE ONLY. I also understand that once product is shipped from Seller, I am not eligible for a refund, in part or in whole.

 

Any damage to the equipment beyond reasonable wear and tear, up to and including total loss without PROOF OF THEFT, will be my responsibility for which I agree to compensate Seller and I authorize Seller to charge my credit card for a deposit equal to full replacement cost of such equipment to cover such responsibility. Seller agrees to rebate any portion of such deposit not necessary to satisfy my obligations under this agreement at the time of return or promptly after the cost of repairing any such excess damage has been determined.

 

Performance of the equipment, or any malfunctions or shortcomings of the equipment while in the customer’s possession, is not the responsibility of Seller. I understand Seller’s rates do not include third party assistance for services related to provided equipment while in the customer’s possession.

 

I understand and recognize THAT BOTH RECREATIONAL AND COMPETITIVE cycling and the use of cycling equipment are inherently dangerous, and that there are certain risks, dangers and perils connected with such use, which I hereby acknowledge and which I fully understand, AND WHICH I NEVERTHELESS ACCEPT, ASSUME AND UNDERTAKE. I understand that Seller is in no way responsible for any and all risks of injury or death I may sustain while utilizing Seller’s equipment, and I agree to RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND, AND HOLD HARMLESS Seller, its owners, directors, officers, shareholders, employees, representatives, agents, employees, and their respective agents, estates, hers, executors, administrators, assigns and others, as well as the related equipment manufacturers, distributors, and their respective representatives (all hereafter RELEASEES), from any and all losses damages, costs and attorneys fees resulting from any and all claims and or suits for personal injury, death and/or property or other damage that may in any way arise from my use of Seller’s equipment, or reliance on Seller’s actions or representations, and my participation in cycling, recreational or competition, or related activities. I understand that the Releasees are not responsible for the consequences of their own negligence, that is, their failure to use reasonable care in any way.

 

I understand that this agreement is binding upon my heirs, executors, administrators, and assigns. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that there have been no warranties given to me, express or implied, which extend beyond the specific description of the equipment and related parts given on this form.

 

I have read the above paragraphs and fully understand them. I understand that this is a FULL AND FINAL RELEASE OF LIABILITY, which will legally prevent me or any other person from filing suit or making any other claims for damages against the RELEASEES in the event of personal injury, death or property damage arising from my use of the equipment. I further warrant that I have been offered manufacturers or other suitable literature for all of Seller’s equipment and related parts, been given an opportunity to fully inspect and ask questions concerning Seller’s equipment and related parts, which in each instance have been answered to my satisfaction, and that I freely and voluntarily enter into this agreement. I have made no misrepresentations to Sellers regarding my name, age, or medical condition.

 

 

Security Deposit

Security Deposit Use and Termination and Secure Shopping Information


I understand by checking this box that I have given Échappé Equipment PA, LLC [Echappe] sufficient information that acts as a security deposit for my rental of cycling wheels and/or equipment from Échappé. I understand that if I do not return my rental item on time or at all within 5 days of the termination of my rental period, Échappé has permission to use stored credit card and billing information to charge me for the MSRP value of the item. Failure to contact Échappé after 5 days of my rental period allows Échappé to assume the loss of the item, by which point I allow Échappé to use the information for collection of the value of the provided product. Echappe reserves the right to contract third party collection agencies to collect amount in full. Upon good return of the rented item, credit card and billing information is destroyed.

 

You can shop at www.racewheelrental.com with confidence. We have partnered with Authorize.Net, a leading payment gateway since 1996, to accept credit cards and electronic check payments safely and securely for our customers.

 

The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. See an online payments diagram to see how it works.

 

The company adheres to strict industry standards for payment processing, including:

  1. 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
  2. Industry leading encryption hardware and software methods and security protocols to protect customer information.
  3. Compliance with the Payment Card Industry Data Security Standard (PCI DSS).

For additional information regarding the privacy of your sensitive cardholder data, please read the Authorize.Net Privacy Policy.

www.racewheelrental.com is registered with the Authorize.Net Verified Merchant Seal program.

 

Excessive Damage Waiver

Excessive Damage Waiver Insurance acceptance or decline.

I [Buyer] accept the Excessive Damage Waiver Option and authorize Echappe Equipment [Seller] to charge my credit card for the applicable waiver fee prior to commencement of this rental.  On the basis of timely receipt of such payment, Seller waives any claim it may otherwise have against Buyer for unrepairable damage to the rented equipment exceeding reasonable wear and tear to the extent such damage occurs as a result of cycling-related activity during the rental period.  Buyer understands they are still responsible to compensate Seller for loss, damage occurring as a result of non-cycling-related activities or as a result of a failure to exercise reasonable care with the equipment, including failure to pack the equipment properly for return shipment.  If THEFT occurs, Seller must be notified with a copy of the filed police report as well as acceptable PROOF OF THEFT within 24 hours of the incident.  Failure to provide acceptable information whereby Seller’s insurance agency rejects such claims, Buyer assumes TOTAL LOSS whereby Buyer is responsible to compensate Seller for full replacement value.

 

Should I waive this optional fee, I therefore decline the foregoing the Excessive Damage Waiver Option and understand that I am therefore responsible for all damage that would otherwise be waived had I accepted same.

 

Refund Policy

Return and Refund Policy

As of Janurary 1, 2009 Echappe Equipment does not provide credit card refunds to any customer for any reason. We do everything in our power to provide you with the best possible service and to exceed your expectations.

 

The limitation to returns includes ALL transactions. This includes but is not limited to: rentals, service, final sales, down payments or duplicate transactions through the shopping cart.

 

DELAY IN SHIPPING does NOT constitute grounds for refund. Echappe Equipment is not responsible for anything having to do with shipping delays, errors or damage. For these issues, please contact our shipping company, FedEx at 1 800 GO FEDEX. Echappe Equipment is not responsible for equipment damaged by you, or other third parties. Should Echappe Equipment find the customer at fault, the customer will be charged accordingly, possibly complete MSRP value of the product as outlined in our Assumption of Risk document. If you cannot use our equipment because of a delay in shipping or damage, this does not constitute reasonable grounds for refund, partial or complete credit with Echappe Equipment.

 

INCOMPATIBILITY OF PRODUCT does NOT constitute grounds for refund. It is the BUYERS responsibility to ensure proper product selection from Echappe Equipment. We disclose any "nuances" of product, however it is the athlete's responsibility to disclose any specific needs such as, but not limited to, drivetrain specifications, custom parts, custom bike frames, extra small bike frames, etc.

 

Cancellations within 7 days of your scheduled arrival date will not receive credit or a refund. Inventory is limited and cancellations within this timeframe caused other athletes to miss a chance at race wheels.

 

All cancellations are subject to a $25 processing and restocking fee.

 

If you feel you have been mistakenly charged for a service, please notify us within 10 days of the charge. Notifications after 10 days cannot be processed due to new credit card penalties.

 

Again, we do our very best to assure your complete satisfaction with our service. If you have any questions, please feel free to contact us.

 

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