Purchase Agreement

  
This Hold Harmless and Indemnification Agreement (“Agreement”) is entered into by and between the customer(purchaser) hereinafter “Promisor”, and Cass County Choppers, LLC., hereinafter “Promisee”.

 The intent of this Agreement is to indemnify Promisee from any claims arising from and related to the purchase, installation and/or use of any Cass County Choppers, LLC. product(s).

 FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Promisor and Promisee agree as follows:

 Promisor will indemnify and hold harmless Promisee from any and all claims, actions, and judgments, including all costs of defense and attorney’s fees incurred in defending against same, arising from and related to the purchase, installation and/or use of any Cass County Choppers, LLC. product(s) either directly and/or indirectly.  Promisor’s actions include the acts of Promisor’s agents and employees.  By examining our products online, in a brochure, at the showroom, and/or in person, you have satisfied to your expectations to accept the product as-is and with any and all faults.

 In the event any claim or suit is brought against Promisee within the scope of this Agreement, Promisor shall pay for legal counsel chosen by Promisee to defend against the same.

 This Agreement shall encompass claims resulting from any actions that many give rise to a claim against the promise including, but not limited to:

 Normal usage of the product.  Normal usage defined by, but not necessarily defined in full by, a person 18 years or older being the sole pilot of a Cass County Choppers, LLC. product, not riding on state, county, city, town or village legal streets, roads, and/or highways in an improper manner.

 Misuse of the product.  Misuse is defined by, but not necessarily defined in full by, any person under the age of 18 operating a Cass County Choppers, LLC. product, and/or more than one (1) person on a Cass County Choppers, LLC. product at any given time, and/or not operating on public streets, roads and/or highways, and/or operation on rough surfaces and/or in dark conditions, including fog in any way, and/or not consistent with applicable laws of governing state, and/or operation on slippery surfaces including but not limited to water, ice and/or snow covered surfaces, and/or jumping, and/or excessive speeds, and/or excessive weight, and/or standing operation, and/or one wheel operation, and/or fueling with product other than that specified by the engine Manufacturer, and/or operation on rough surfaces, and/or failure to maintain the product in a proper manner.  Maintenance is the sole responsibility of the Promisor, its agents and employees.

 Note: Installing any Cass County Choppers, LLC. product to your bike may affect the warranty the Manufacturer provides.  Consult the manufacturer prior to installation; you accept any nullificiation of warranty by continuing with installation.

 Any purchase, use, and/or installation of this product by the promisor, including its agents and employees is considered an agreement to the terms and conditions of this agreement and shall be construed as a signature.  By signing, you signify understanding and agreement to all warnings, statements and claims presented in this document. You also signify that you are legally able to provide signature.  If you are unsure about releasing any and all claims or do not wish to proceed by using or installing a Cass County Choppers, LLC product, STOP now and send the parts back.  All products are custom manufactured by Cass County Choppers, LLC.  All sales are final; no refunds will be given for parts and/or shipping.  Replacement parts may be available based on manufacturing capabilities.  Shipping time may vary; all quoted delivery dates are estimated and are subject to change.

  In the event either party files suit in a court of law to interpret or to enforce the terms of this Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claim, to its reasonable legal fees and costs incurred in such action to interpret or to enforce the terms of this agreement.  If a term or condition is found to be unenforceable, the rest of the agreement still remains in affect.

 This agreement shall be interpreted under the laws of the State of Missouri.