These Purchase Terms and Conditions govern all purchases that you make from Burnsville Offroad Inc. and its affiliates, including purchases made via this website. By purchasing any items from Burnsville Offroad Inc. or its affiliates, you agree that the purchase is governed by these Terms and Conditions.
These Purchase Terms and Conditions may be altered by Burnsville Offroad Inc. in its sole discretion. The date of the most recent revision is October,19, 2009. You may not alter or supplement these Terms and Conditions without a written agreement signed by an authorized representative of Burnsville Offroad Inc..
Item prices and conditions related to shipping and handling are subject to change at any time without notice. Burnsville Offroad Inc. does not warrant the completeness of accuracy of the information provided on this website and is not responsible for any typographical errors. Burnsville Offroad Inc. may run out of stock of some items featured on our website. If we cannot ship you an item that you have ordered, your purchase price will be refunded. All products are offered on an as available basis.
Your submission of an order is an offer to purchase an item or items in accordance with these Purchase Terms and Conditions and is based on the prices and terms accompanying the order. Burnsville Offroad Inc. may accept your offer in the form of a confirmation email or by shipping the items requested.
These Purchase Terms and Conditions incorporate by reference Burnsville Offroad Inc.’ Privacy Policy and website Terms of Use.
You agree that any transactions you enter into electronically shall be legally binding as if they were done in person and accompanied by a physical signature. You acknowledge and agree that placement of an order electronically indicates your intent to pay for all items purchased and any related charges such as shipping and handling.
Burnsville Offroad Inc. may, but is not required, to notify you from time to time regarding things like product updates. You agree that an email to the email address we have on file shall be deemed sufficient for any such notice. All notices shall be effective immediately.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, BURNSVILLE OFFROAD INC. DISCLAIMS ANY AND ALL LIABILITY FOR ANY ITEMS YOU PURCHASE VIA THIS WEBSITE. THE ITEMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Under no circumstances will Burnsville Offroad Inc., its employees, officers, directors, agents, affiliates, shareholders, parent companies, successors, assigns, vendors, or partners be liable to any party for any indirect, punitive, EXEMPLARY or consequential damages (including but not limited to lost profits) whether or not notice of the possibility of such damages has been provided, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.
THE TOTAL LIABILITY OF BURNSVILLE OFFROAD INC. AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO ANY PURCHASE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE.
In the event that you violate these Purchase Terms and Conditions, you agree that if Burnsville Offroad Inc. takes legal action to enforce these Purchase Terms and Conditions, you agree to pay all attorneys fees and costs of such action.
These Purchase Terms and Conditions and any disputes related thereto shall be governed by the laws of the State of Colorado and you consent to the state and federal courts of Colorado as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Colorado’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Colorado and waive any objections related to jurisdiction, venue, and forum non conveniens
If any of aspect of these Purchase Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term.