These Terms of Service (“Terms”) govern the sale and purchase of golf cars (the “Product”) from Masek (“Seller”) and shall be binding upon all purchasers (“Buyer”). By purchasing a Product from Seller, Buyer acknowledges and agrees to the following terms and conditions:
1. Condition of Sale
1.1. “As-Is” Sale
All golf cars sold as “Mechanic Special” by Masek are sold “AS-IS,” without any representations or warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Buyer acknowledges and agrees that Seller makes no guarantees with respect to the condition, functionality, or performance of the Product following the sale.
1.2. Mechanic Specials
Certain golf cars may be designated as “Mechanic Specials” by Seller. Buyer acknowledges that these vehicles are sold specifically as-is and may require significant repairs or maintenance. Buyer accepts full responsibility for the condition and repair of any Product purchased as a Mechanic Special and agrees that Seller shall bear no responsibility for repairs or maintenance of such Product.
2. Limitation of Liability
Seller shall not be liable for any claims, damages, or expenses arising out of or in connection with the use, maintenance, repair, or operation of the Product following the sale, including but not limited to incidental, consequential, or punitive damages.
3. No Returns or Refunds
All sales are final, and no returns, exchanges, or refunds shall be permitted following the sale of the Product, including in cases where the Product is found to require repair, maintenance, or replacement.
4. Indemnification
Buyer agrees to indemnify, defend, and hold harmless Seller, its officers, directors, employees, and agents, from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to Buyer’s ownership, operation, maintenance, or use of the Product.
5. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado. The parties agree that any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Colorado.
6. Entire Agreement
These Terms constitute the entire agreement between Seller and Buyer concerning the subject matter hereof and supersede all prior agreements, understandings, representations, or warranties, whether oral or written, relating to the sale of the Product.
By purchasing a Product as a “Mechanic Special” from Masek, Buyer affirms that they have read, understood, and agreed to these Terms of Service.