By placing an order you acknowledge that you have read, accepted and agreed to be bound by these Terms and Conditions and to comply with all applicable laws and regulations including U.S. export and re-export control laws and regulations. These Terms and Conditions apply unless you have signed a separate purchase agreement with Bell Racing.
This Agreement contains the Terms and Conditions that apply to your purchase(s) from Bell Racing USA, LLC, a Delaware limited liability company (Bell Racing), including products and accessories (collectively the "Products"), sold in the United States. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you. These Terms and Conditions are subject to modification without prior written notice at any time in Bell Racing's sole discretion. This contract was last revised on July 18, 2012.
The Terms and Conditions of this Agreement shall govern unless you return the Products within thirty (30) days after receiving the Products or Services.
1. Price and Payment Terms
Your total price for the Products will be stated on your purchase receipt. Terms of payment are within Bell Racing's sole discretion and, unless otherwise agreed to by Bell Racing, payment must be received by Bell Racing prior to Bell Racing's acceptance of an order. Payment for the products and services and support must be made by credit card (Visa, MasterCard, America Express or Discover), debit card (issued by Visa or MasterCard) or some other prearranged payment method, unless credit terms have been agreed to by Bell Racing. Orders are not binding upon Bell Racing until accepted by Bell Racing in writing, email or fax, and Bell Racing reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the Products is a mistake. Any price quotations given by Bell Racing will be valid for the period stated on the quotation. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay.
2. Shipping and Title
Bell Racing will arrange shipping of the Products to your address. Title to the Products and risk of loss pass to you upon delivery by Bell Racing to the carrier. The costs of shipping and handling will be shown on your purchase receipt. Bell Racing will inform you of estimated shipment and delivery dates. Such dates are for indication purposes only and are subject to change depending on supply and/or transportation availability.
3. Inspection of Products upon Receipt
You must examine the Products when you receive them. If any item is damaged or missing, you must notify Bell Racing at once. You are responsible for making a written complaint concerning defects and non-compliance that may be required in case of damage or shortage. Bell Racing will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery. You are also responsible for filing claims with the carrier within three (3) days after receipt of the goods. Bell Racing will have the responsibility to follow up with the carrier regarding the claim.
Bell Racing may revise and discontinue Products at any time. Bell Racing will ship you Products that have the functionality and performance of the products you ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
THE LIMITED WARRANTIES APPLICABLE TO THE PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS (THE "OWNERS MANUAL"). BELL RACING MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THE OWNERS MANUAL. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND BELL RACING WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON BELL RACING'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. BELL RACING DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND INFORMATIONAL CONTENT. BELL RACING SHALL NOT BE RESPONSIBLE IN CASE OF ANY MODIFICATION, CHANGE OF THE CHARACTERISTICS OF THE PRODUCTS OR THEIR WRONGFUL USE. IN ANY CASE ANY AND ALL RESPONSIBILITY IS LIMITED TO THE REPLACEMENT OF THE PRODUCT OR REIMBURSEMENT IN AN AMOUNT UP TO THE PRICE OF THE PRODUCTS. BELL RACING RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION.
6. Exclusive Remedy; Limitation of Liability; Indemnification
You agree that your sole and exclusive remedy against Bell Racing shall be limited to the purchase price of the Products and that no other remedy, including but not limited to lost profits, loss of business, loss of goodwill, or other incidental, consequential, special, indirect or punitive damages, cost of removal and installment, attorney’s fees, even if Bell Racing is advised of the possibility of such damages, or for any claim by any third party, shall be available against Bell Racing. In no event shall the total aggregate liability for Bell Racing exceed the amounts paid by you for the products or services.
You agree to indemnify and hold Bell Racing harmless of and from all claims, liabilities, judgments, decrees, costs and expenses (including attorney’s fees) arising from or with respect to a) damages or injuries to persons or property caused by the Products or any malfunction or defect thereof, b) any alleged actual infringements of any patent, trademark, trade name, copyright and/or other intellectual property laws of any country, or c) any other liability under or violation or statutory, common, administrative or other laws of any country in connection with the Products. You agree to defend or assist in the defense of any suit or other action that may be brought against Bell Racing in connection with or as a result of your use, sale or offer for sale of the goods.
7. Return Policies and Exchanges
If you bought Products directly from Bell Racing, you may return them to Bell Racing up to thirty (30) days from the date of the invoice for a complete refund of the purchase price. To return Products, you must call Bell Racing Customer Service at (800) 237-2700 to receive a Return Authorization Number. If Bell Racing does not issue a Return Authorization Number, the Products will be shipped back to you, at your expense. You must ship the Products to Bell Racing in their original packaging, prepay shipping charges and insure the shipment or accept the risk of loss or damage during shipment. The Return Authorization Number will be cancelled if the Products are not returned within sixty (60) days.
Returned Products must be in "as-new", clean, sellable condition, in their original containers and packaging, and all of the manuals and other items included with the Products must be returned with them. Products not in the current product line or current Snell certification may not be returned. Any returned Products without a Return Authorization Number may be refused by Bell Racing. From time to time, Bell Racing may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with Bell Racing's exchange policies in effect on the date of the exchange.
8. Trademarks, Brand Names, Logos and Other Intellectual Property
You are not allowed to use Bell Racing's product or brand names, trademarks, registered marks, or logos, including but not limited to Bell Helmets, Racestar or Sports Models, without the express written consent of Bell Racing. In each case and under any circumstances, every use of Bell Racing's intellectual property must be approved in writing by Bell Racing prior to such use.
9. Entire Agreement
This Agreement sets forth the entire agreement of the parties with respect to the goods and accordingly you agree that this Agreement supersedes all prior representations, agreements, statements and understandings whether oral or in writing relating in any way whatsoever to the goods. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Bell Racing. Failure of Bell Racing to enforce any provision hereof shall not constitute a waiver of such provision, or the right of Bell Racing to later enforce such provision.
10. Applicable Law; Not For Resale
This Agreement is made and shall be construed in accordance with the laws of the State of Illinois in courts located in the County of Champaign, Illinois, USA. You agree and represent that you are buying for your own internal use only, and not for resale. All rights and responsibilities relating to any order are personal to you and cannot be transferred without Bell Racing's written agreement. Bell Racing has separate terms and conditions governing re-sales.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
If any provision of these terms and conditions shall be ruled void or unenforceable, then the remainder shall be enforced to the extent permissible.
13. Force Majeure
Bell Racing shall not be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.