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Terms and Conditions - Specialized Bicycle Components

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from Specialized Bicycle Components, Inc. (Specialized) . By using this site and/or accepting delivery of Specialized Products, you agree to be bound by and accept these terms and conditions.

1. Use of this Site. Customer agrees that the use of this site is on an "AS IS" basis, and accepts full responsibility for any viruses, bugs, or any current or potential problems with his or her computer which relate in any way to the use of this site. Customer is prohibited from posting or transmitting from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Further, customer understands that these terms and conditions may change in the future, and that these terms and conditions may not apply to future use of this site or future purchases.

2. Intellectual Property. The content, organization, gathering, graphics, design, software, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and the copying, redistribution, use or publication by a user of any such content or any part hereof is prohibited. The user does not acquire any ownership rights to any content or document in this site.

3. Title and Shipping Charges. All purchases from this site are made in Morgan Hill, California. Products are shipped from Salt Lake City, Utah. Title to Specialized Products passes to customer when shipped from Specialized in Salt Lake City, Utah. Loss or damage that occurs during shipping by a carrier is the carrier's responsibility or the customer's responsibility. Prices for Specialized Products are exclusive of shipping charges and applicable taxes.

4. Satisfaction Guarantee. Customer may return products purchased over this site for a refund of the purchase price (not including initial shipping charges) plus any applicable tax, if a) customer pays return shipping charges, b) the product(s) are returned within thirty days of purchase to:

      Specialized Bicycle Components
      Online Store Returns
      1137 South 3800 West
      Salt Lake City, UT 84104

5. Limited Warranty. Subject to the following limitations, terms, and conditions, Specialized warrants to the original purchaser of each Product, except helmets, purchased over this site that such when new are free of defects in materials and workmanship. This warranty may be exercised for a period of up to one year from the date of purchase. This limited warranty does not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly, improper maintenance, alteration, collision, crash, or misuse. Consult your helmet owner's manual for your helmet warranty.

EXCEPT FOR THOSE WARRANTIES LISTED IN PARAGRAPH FOUR AND THIS PARAGRAPH FIVE, SPECIALIZED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIALIZED'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO, AT SPECIALZED'S OPTION, REIMBURSEMENT OF THE ORIGINAL PURCHASE PRICE, OR REPLACEMENT OF THE PRODUCT WITH THE SAME OR SIMILAR PRODUCT. AMONG OTHER THINGS, CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES SHALL SPECIALIZED BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

In order to exercise rights under this warranty, customer must return the affected product to Specialized with proof of purchase (original invoice or credit card statement) at:

      Specialized Bicycle Components
      The S Store Returns
      1137 South 3800 West
      Salt Lake City, UT 84104

Under no circumstances does this limited warranty include the cost of shipment. Such charges, if any, shall be borne by the original customer. Specialized reserves the right to modify these warranties at any time, in its sole discretion.

6. Products. Specialized's policy is one of on-going product update, revision, and innovation. Specialized may revise or discontinue products at any time.

7. Applicable Law/Not for Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that he or she is buying Specialized Products for his or her own use and not for resale. Customer agrees that this agreement was entered into in the state of California, and that any dispute arising hereunder shall be decided in accordance with its laws.

8. Reservation. Specialized reserves the right to refuse to sell Specialized Products to anyone who, in the sole discretion of Specialized, abuses this site or the benefits it provides.

9. Dispute Resolution. Customer and Specialized agree to waive their right to trial by jury, and to have all disputes resolved by binding arbitration before a retired Superior Court Judge in Santa Clara County, California. Customer and Specialized agree that any decision of the arbitrator shall be final, and in accordance with California law. Further, it is agreed that the language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Customer stipulates to in personam jurisdiction in California, and agrees to accept service of process by registered or certified mail.

10. Entire Agreement. This agreement constitutes the entire and only agreement between Specialized and Customer, and supercedes all prior or contemporaneous agreements, representations, warranties, and understandings. 08/18/99

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