About Brian's Bike Shop

By accepting a quote, purchasing equipment or having repair service conducted you agree to Brian's Bike Shop Terms of Service

These Terms of Service (these “Terms”) constitute the terms and conditions that govern the relationships between The Bicycle Group, LLC, an Arizona limited liability company d.b.a. Brian’s Bike Shop (“Provider”) and its customers (each a “Customer”) who order and/or accept bicycle products and/or bicycle repair services (collectively, the “Services”) from Provider. These Terms are expressly incorporated by reference into each quote for Services (a “Quote”) provided by Provider to Customer. By approving a Quote or otherwise ordering or accepting any Services from Provider, Customer agrees to be bound by these Terms. 

1.  Scope of Services. Provider agrees to provide the Services set forth in the Quote.  To the extent that Customer, on its own or through any third-party contractor provides any services or work contemplated within the Services, Provider shall have no responsibility or liability with respect to such services or work.  

2.  Fee.  In consideration for the Services, Customer hereby agrees to pay to Provider the services fee set forth in the Quote (the “Fee”), payable as follows: 

(a) 50% of the Fee shall be due and payable upon Customer’s approval of the Quote; and

(b) 50% of the Fee shall be due and payable upon Completion of the Services. 

3.  Standard of Performance. The Services shall be performed in compliance with all applicable laws and regulations and shall substantially conform to any specifications set forth in the Quote, excepting minor deviations that may be occasioned by expediency and/or practicability, and subject to the availability of labor and materials. 

4.  Payment. Provider intends to invoice Customer for the Services in accordance with Section 2 above. Customer agrees to pay each invoice upon receipt.  Customer further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within seven (7) days at the rate of two percent (2%) per month, compounded monthly, until paid. Customer agrees to pay Provider’s costs of collection of all amounts due and unpaid after thirty (30) days, including court costs and attorneys’ fees. Customer grants to Provider a lien against any bicycles and related personal property transferred to Provider’s possession for purposes of the Services as collateral to secure Customer’s prompt payment of the Fee.  Provider shall be entitled to retain physical possession of Customer’s bicycle until the Fee is paid in full or Provider exercises other remedies available to Provider herein. 

5.  Schedule of Performance. Subject to Section 10 below and Customer’s compliance with these Terms, the Services shall be commenced on the date provided in the Quote and shall be completed as specified therein.  

6.  Delays; Force Majeure.  Provider shall not be obligated to continue to perform or complete the Services while Customer is in breach of these Terms, including without limitation, by failing to make all payments to Provider when due. Unless otherwise agreed to by Provider and the Customer, if the Services are modified pursuant to a mutual agreement of the Provider and Customer, Provider shall have a reasonable additional period of time to complete the Services. In the event the Services are not substantially completed within the time period specified in the Quote, or an extended time period agreed to in connection with changes in the Services, because of the unavailability of parts or components, labor strikes, acts of God or causes that are beyond the reasonable control and anticipation of Provider, Provider shall have a reasonable additional period of time to complete the Services. Such delays shall not be deemed a breach of the Quote or these Terms by Provider and shall not serve to cancel, amend or diminish any of Customer’s obligations herein.

7.  Termination. Provider may terminate the Quote and these Terms upon a material breach by Customer. Customer may only terminate the Quote and these Terms upon a material breach by Provider and only after first providing Provider with three (3) days written notice of breach and the intent to terminate, during which period Provider shall have the opportunity to cure such breach. If Provider cures such breach within such 3-day period, these Terms and the Quote shall not be terminated. In the event these Terms and the Quote are terminated, Provider shall be compensated by Customer for all Services performed up to and including the termination date, including the relevant portion of the Fee and all other amounts due hereunder.

8. Pickup of Customer’s Bicycle. Customer acknowledges and understands that Provider has limited space to store bicycles at its premises. Accordingly, Customer covenants and agrees to arrange to pick-up Customer’s bicycle immediately upon completion of the Services by Provider. To the extent Customer fails to pick-up Customer’s bicycle within ten (10) days of completion of the Services, Provider will assess a storage fee in the amount of $5.00 per day until the bicycle is picked-up by Customer. Furthermore, to the extent Customer fails to pick-up Customer’s bicycle within ninety (90) days of completion of the Services the bicycle will be deemed abandoned, and Provider shall be authorized to discard, disassemble and/or sell Customer’s bicycle or individual components, and retain all proceeds from the sale thereof. 

9. Customer Representations. Customer represents, warrants, covenants, acknowledges and confirms the following: 

(a) Customer is the owner of any bicycle that Customer has authorized Provider to service or repair;

(b) Customer acknowledges that Services performed by Provider may not be covered by any manufacturer warranties and may void the manufacturer warranties, if any, on Customer’s bicycle;

(c) Customer understands that biking requires certain physical strengths and entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to Customer, to property, or to third parties; 

(d) Customer is in sound physical and mental condition and is able to ride a bicycle. Customer can make informed, objective decisions. Customer currently has no known physical, medical or mental condition which would impair Customer’s ability to ride a bicycle, or else Customer understands that Customer assumes all risks that may be created, directly or indirectly, by any such condition;  

(e) Customer is completely and adequately covered by appropriate personal insurance coverage which may include health, life, loss of property, loss of income, and liability Customer may cause or suffer while riding a bicycle, or else Customer understands that Customer must solely bear the costs of such injury or damage and all related costs; 

(f) Customer understands that Customer is required to inspect the bicycle, prior to each use, for proper tire inflation, working brakes, appropriate seat and handlebar adjustments and general condition; and

(g) Customer assumes all risks, including death or serious bodily injury, which may result from the operation of Customer’s bicycle. Customer freely assumes all risks of personal injury and/or damage in the operation of Customer’s bicycle, and agrees to hold Provider harmless from all claims of injury or damage.  

10.  Warranty Disclaimer. PROVIDER MAKES NO VERBAL OR WRITTEN WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO AND EXCEPT AS EXPRESSLY PROVIDED IN ANY MANUFACTURER WARRANTIES, THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROVIDER NOR ANY PERSON ASSOCIATED WITH PROVIDER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY SERVICES PROVIDED BY PROVIDER. 

11. Release of Liability, Waiver of Claims and Indemnification. Customer is aware that cycling involves numerous risks of injury or death. Customer assumes all risks and hazards involved with cycling and assumes all personal liability in the case of injury. In the event of any damages, accident or loss (including without limitation, personal injury or death) while operating a bicycle, Customer hereby expressly waives any and all claims against Provider and releases Provider from any and all legal liability and agrees not to sue or make a claim against, and to indemnify, defend and hold harmless Provider, its members, managers, officers and employees from any and all claims and causes of action, liabilities, costs or losses for property damage or physical or mental injuries, relating to or in any manner connected with any Services performed by Provider. Customer also agrees that this release binds Customer’s spouse, heirs, legal representatives and assigns. 

12.  Limitation on Provider’s Liability. EXCEPT AS OTHERWISE RESTRICTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER OR ANY THIRD PARTY BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICES OR THESE TERMS EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. MOREOVER, PROVIDER’S TOTAL LIABILITY TO CUSTOMER OR ANY OTHER PARTY FOR ANY CLAIMS RELATED TO, CONCERNING OR ARISING OUT OF THE SERVICES, THE QUOTE OR THESE TERMS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILIT), OR ANY OTHER LEGAL THEORY, SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY CUSTOMER TO PROVIDER WITH RESPECT TO THE SERVICES, EVEN IF THE AMOUNT OF DAMAGES SUFFERED BY CUSTOMER MAY BE GREATER THAN THIS LIMITED AMOUNT. 

13. Notices. All notices or other communications required or permitted to be given to a party to the Quote shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested. Notice shall be effective upon receipt, when hand-delivered; otherwise, it shall be deemed effective 3 business days after mailing.

14.  Assignments. Neither party hereto may assign its or his interest in the Quote or these Terms without the written consent of the other (and any attempt to do so will be void). The Quote and these Terms shall inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns.

15.  Dispute Resolution and Governing Law. Except where prohibited, any dispute arising out of or relating to the Services, the Quote or these Terms shall be submitted to mediation before a mediator mutually agreed upon by the parties. If the parties cannot agree on a mediator, or if the matter cannot be resolved through mediation, then the matter shall be resolved through binding arbitration conducted in accordance with the American Arbitration Association’s Consumer Arbitration Rules. Both the mediation and arbitration proceedings will take place in Pima County, Arizona. Customer may not commence against Provider or its affiliates any class action, class arbitration, or other representative action or proceeding. In agreeing to arbitration herein, except where prohibited, CUSTOMER GIVES UP CUSTOMER’S RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN CUSTOMER AND PROVIDER OR ITS AFFILIATES. CUSTOMER ALSO GIVES UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. CUSTOMER’S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. If this arbitration agreement is for any reason held to be unenforceable, any litigation against Provider must be commenced only in the federal or state courts located in or near Pima County, Arizona. Customer hereby irrevocably consents to the jurisdiction of those courts for such purposes and hereby irrevocably waives any right to a trial by jury. This Agreement, and any dispute between Customer and Provider shall be governed by and subject to the laws of the State of Arizona without regard to principles of conflicts of law, provided this arbitration clause shall be governed by the Federal Arbitration Act. In the event of arbitration proceedings or legal proceedings before a court of law, the prevailing party shall be entitled to recover attorneys’ fees and costs. 

16.  Prior Agreements. All understandings and agreements heretofore between the parties are hereto merged into these Terms, which, together with the Quote, fully and completely expresses the parties’ agreement. The Quote is entered into after full investigation by both parties, neither party relying upon any statement or representation not embodied in the Quote or these Terms. 

17 Severability. If any provision of these Terms becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, portions of such provision, or such provision in its entirety, to the extent necessary, shall be severed from these Terms, and such court will replace such illegal, void or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the same economic, business and other purposes of the illegal, void or unenforceable provision. The balance of these Terms shall be enforceable in accordance with its terms.

18. Modifications. These Terms may be amended and updated from time to time at the sole discretion of Provider. Modified versions of these Terms will be considered effective as of the date posted to Provider’s website. Customer’s receipt of Services after such modifications will signify Customer’s continued acceptance of, and agreement to be bound by these Terms, as so modified.