Terms & Conditions – Pro Bike Express

Standard Terms and Conditions

Scope and Application of Standard Terms and Conditions.

These Standard Terms and Conditions shall apply to and govern all transactions between you, your agents, and any entity on whose behalf you may be acting (hereinafter referred to collectively as “you” and “your”), and Pro Bike Express, LLC, a Colorado limited liability company (hereinafter referred to as “we,” “us,” “our,” or “Pro Bike Express”), including without limitation our agreement to transport bicycles and other items that belong to you, and your use of probikeexpress.com (the “Website”). Your use and/or viewing of the Website shall constitute your agreement to these Standard Terms and Conditions.

These Standard Terms and Conditions supersede all prior versions of our Standard Terms and Conditions. There may be other more specific terms and conditions set forth on our Website governing your use of particular functions, services, features, information, or applications. If such other more specific terms and conditions conflict with these Standard Terms and Conditions, then the other more specific terms and conditions shall control.

Pro Bike Express shall have the right, without notice to you and without your consent, to unilaterally change these Standard Terms and Conditions at any time. Your subsequent use and/or viewing of our Website shall constitute your agreement to any such changes.

Inspection, Packing, and Labeling.

At any time and without notice to you, Pro Bike Express, its agents, and any governmental authority (such as TSA) may open and inspect any item that we are asked to transport for you.

By contracting with Pro Bike Express, you agree to comply with all applicable local, state, federal, and international laws, as applicable, including those governing shipping, transporting, packing, marking and labeling all items that we are asked to transport for you.

Please remove the pedals from all your bicycles before dropping them off at the multi-sport shop, bike shop, or other location. Carefully place and pad the pedals in your race bag, wheel bag, luggage, or travel case. You are responsible for packing your pedals in a manner that prevents damage to other items within the same bag.

All items must be prepared and packed by the sender for safe transportation in an express transportation environment with expected ordinary care in handling. Proper packaging must adequately protect any and all articles susceptible to damage as a result of conditions that may be encountered in an express transportation environment, such as normal handling, shifts in loads, stacking, changes in weather, temperature, humidity, or atmospheric pressure.

Every bicycle, race bag, wheel bag, travel case, and piece of luggage that we are asked to transport for you must be legibly and durably marked or labeled with the name, address, zip code, home phone, and cell phone number of the sender (and the recipient, if different from the sender). The temporary tie-on tag provided by Pro Bike Express (or other couriers) for labels should be used. Also please place identification inside every bag being shipped.

All items must be packaged securely in your race bag, wheel bag, luggage, or travel case. Pro Bike Express shall not be liable for damage caused by items not being secured by the sender within the race bag, wheel bag, luggage, or travel case (i.e. bicycle components, wheels, helmets, eye/sun glasses, cycle computers, wet-suits, shoes, race suits, clothing, etc).

Do not send a race bag, wheel bag, luggage, or travel case that does not completely close. Please adequately secure the bag with luggage straps, zip-lock ties, or bungee cords to keep the bag completely closed. Pro Bike Express shall not be liable for items lost or damaged because a bag opened during shipment. Pro Bike Express reserves the right to use whatever means necessary to contain the contents of an open bag, or one that will not close.

Do not over-pack or over-stuff your race bag, wheel bag, luggage, and/or travel case. Do not place items within a wheel bag other than the wheels that the bag was meant to carry and padding meant to help protect the wheels during shipment. Pro Bike Express shall not be liable for the loss of, damage to, or delay in delivery of items not properly and securely packaged for transport. Do not use a wetsuit, race suit, shoes, or other essential items as padding. Use non-essential items, such as dry towels, foam, bubble wrap, etc. for padding race wheels, helmets, and other valuable equipment.

All items must completely fit within the bag being shipped, including wheel pumps, frame pumps, and helmets. Do not strap, fasten or otherwise secure any items to the exterior of your race bag, wheel bag, luggage, or travel case.

The weight limit for each race bag, wheel bag, piece of luggage, and travel case is 30 pounds. The size limit for each race bag, wheel bag, piece of luggage, and travel case is 4,500 cubic inches.

III. Prohibited Items.

If you have a questionable item, Pro Bike Express recommends that you do not ship it. If you have questions about an item that you deem to be an essential item, please contact Pro Bike Express at 720.878.2088 or reservations@probikeexpress.com for more information. Please allow 24 hours response time.

The following items will not be tendered by you for shipment and will not be shipped by Pro Bike Express:

Firearms or ammunition of any kind.
Explosives, including dynamite, fireworks, signal flares, road flares, sparklers, etc.
Mace, tear gas, pepper spray, etc.
Flammables liquids, solids, or gases, including fuel, methane, LNG, propane, etc., paints, cigarette lighters, lighter refills, steno, matches, propellant, phosphorus, etc.
Corrosives, including acids, chlorine, solvents, etc.
Poisons of any kind.
Radioactive materials of any kind.
Live animals, including dogs, cats, birds, reptiles, fish, etc.
Animal carcasses, animal heads and other animal parts for taxidermy may be accepted but must be properly packaged. This restriction also applies to packaged meat or poultry products intended for consumption.
Human corpses, body parts, or cremated or disinterred human remains, etc.
Items that require an international, federal, state or local license for their transportation; i.e. alcohol, tobacco, gaming devices, etc.
Items that may cause transportation delays or damage to equipment, personnel or other items being shipped.
Lottery tickets and gambling devices prohibited by federal, state or local law.
Hazardous waste, including, but not limited to, used hypodermic needles or syringes or other medical waste.
Non-hazardous waste, including but not limited to trash, rubbish, unconsumed food and liquids, feces, and dirty diapers, etc.
Packages that are wet, and/or leaking or emit an odor of any kind. This includes bicycle water bottles, hydration systems, physically wet suits, open gel packages, etc.
Drugs (illicit, illegal and/or prescription drugs), or Pharmaceutical items.
Insects: alive or dead.
Perishable items such as floral or nursery stock, plant and floral displays, and food items meant for immediate consumption, etc.
Household items: Bleach, spray starch, paint, insecticides, drain cleaners and solvents, etc.
Pressure containers: Spray cans, spray paint, butane, fuel (liquid, solid or gas), scuba tanks, propane tanks, and self-inflating rafts, etc.
Dirt, soil, potting soil, sand, gravel, fertilizer, or manure, etc.
Other hazardous materials: dry ice, gasoline-powered tools, wet-cell batteries, camping equipment with fuel, radioactive materials, poisons, infectious substances, etc.
Any other items that are prohibited by applicable local, state, federal, or international laws.

The foregoing list of prohibited items is not intended to be exhaustive and Pro Bike Express expressly reserves the right to refuse to transport any item. Notwithstanding any other provision of these Standard Terms and Conditions, Pro Bike Express shall not be liable for delayed delivery of, loss of, or damage to any prohibited item.

Fragile Items.

Fragile items may be accepted by Pro Bike Express for transport; however, under no circumstances will Pro Bike Express provide insurance covering damage to these items or otherwise compensate you for any alleged damage to a fragile item.

The following items, and other similar, fragile items, are classified as “Ship at Your Own Risk:

Electronics and mechanical items such as audio and video equipment, cameras, i-Pods, MP3 players, GPS devices, power taps, power meters, heart-rate monitors, sensitive calibrated tools and instruments, calculators, computers, cellular telephones, telescopes, microscopes, elector-graphs and medical equipment.
Garment bags and suit/dress covers of light, flimsy plastic or vinyl designed for carrying garments inside more durable bags and not for shipping purposes.
Photographic, cinematographic, or precision items such as oscilloscopes, telescopes, meters, and polygraphs.
Toys such as dolls, doll houses, model trains, airplanes, cars, and boats, or remote control devices.
Dentures and retainers.
Miscellaneous items such as sample goods for resale, heirlooms, collectibles, precious metals and stones, souvenirs, gifts, toolboxes, and irreplaceable item.
Essential clothing and other property which is not properly packaged inside of race bags, wheel bags, luggage, or travel cases.

The foregoing list is not intended to be exhaustive and Pro Bike Express may reasonably refuse to compensate you and/or replace any similar fragile item that is damaged in transport.

Pre-Event Pickup.

Initial Pickup will be at a partner multi-sport shop, bike shop, or other location as directed by Pro Bike Express.

Pro Bike Express requires that you drop off your bicycle and any other items that Pro Bike Express is transporting for you at the designated pickup location at least twenty-four (24) hours before the scheduled pickup time. Drop-off deadlines are usually 5:00 p.m. MST the Sunday prior to the event for which you have scheduled Pro Bike Express’s™ services. Under special circumstances, other arrangements may be made at a customer’s™ request; however, please be advised that additional fees may apply. Please contact Pro Bike Express for specifics regarding drop-off times and deadlines.

Pro Bike Express does not provide repeat initial pickup attempts. If your bicycle or other items that Pro Bike Express is transporting for you are not at the designated pickup location prior to the stated pickup deadline, your items may not be delivered to your event. Customers who fail to drop-off their belongings at the designated pickup location prior to the deadline are not eligible for a refund.

If Pro Bike Express determines that your bicycle, race essentials bag, or wheel bag are not at the designated pickup location as indicated on your service request form, Pro Bike Express will use reasonable efforts to contact you to determine where these missing items are located. Other arrangements may have to be made to get these missing items to us i.e., you may then have to deliver these items to a different drop-off location if time allows. Additional fees may apply in such instances.

If you would like proof of pickup of your items, you may call Pro Bike Express at 720.878.2088 (mobile), or email reservations@probikeexpress.com

Initial Event Delivery.

Pro Bike Express, at its sole discretion, will determine the routing of all deliveries, including the mode of transportation used, and may use air transportation, ground transportation, water transportation, or any combination thereof in providing Pro Bike Express’s™ services. Pro Bike Express reserves the right to divert any delivery (including use of other carriers) in order to complete delivery.

When possible, Pro Bike Express will be positioned at the event near the transition area or race-expo during packet pick-up times if Pro Bike Express is partnered with the event director or other entity. As with all vendors, the event director or other entity will determine if, where, and when Pro Bike Express can setup at their event.

If Pro Bike Express is not partnered with the event director and/or Pro Bike Express is not allowed to setup on the event grounds, then other delivery arrangements will be made and you will be notified. A standard alternative would be for Pro Bike Express to setup at the host hotel, motel, resort, or other location which is convenient and as close as possible to the race venue. Another delivery option would be for Pro Bike Express to deliver your bicycle and other items to the hotel, motel, or resort at which you are staying.

Pro Bike Express or its carriers require photo identification of the person authorized to claim the bicycle and/or other items.

VII. Item Return/Drop-Off After Your Event.

When possible, Pro Bike Express will be positioned at the event near the transition area or race-expo during and after the event if Pro Bike Express is partnered with the event director or other entity. As with all vendors, the event director or other entity will determine if, where, and when Pro Bike Express can setup at their event.

If Pro Bike Express is not partnered with the event director and/or Pro Bike Express is not allowed to setup on the event grounds, then other return pickup arrangements will be made and you will be notified. A standard alternative would be for Pro Bike Express to setup at the host hotel, motel, resort, or other location which is convenient and as close as possible to the event venue.

Another drop-off option would be for Pro Bike Express to retrieve your bicycle and other items at the hotel, motel, or resort at which you are staying. If you should have to leave your hotel, condo, or resort early and before hand-delivering your bicycle and other items to Pro Bike Express, you must leave instructions with the hotel, condo, resort, or another Pro Bike Express customer that Pro Bike Express is scheduled to pick up your items. Instruct them to store your bicycle and other items in a safe and secure location which may be different than the initial delivery location. Please inform Pro Bike Express ahead of time that you will be unable to hand-deliver your items to Pro Bike Express and what instructions you have left and with whom. Please note that Pro Bike Express will not be held liable for loss of and/or damage to items left with non-partnered third parties.

VIII. Undelivered Items.

An undelivered item is one that cannot be delivered for reasons that include, but are not limited to, any of the following:

The recipient refuses to accept the delivery.
The recipient delivery address, hotel, condo, or resort cannot be located.
The delivery was addressed to an area not served by Pro Bike Express.
The delivery contents or packaging are damaged to the point that delivery is not possible.
The delivery would likely cause damage or delay to other deliveries or property or injury to personnel or property.
The delivery contains prohibited items.
The recipient delivery address is closed, incorrect, or non-existent.
No appropriate person was available to accept the item at a delivery location on initial delivery attempt or reattempts.
The item was improperly packaged.

In the event an item is deemed to be undeliverable, Pro Bike Express will attempt to contact you before your event and will use all reasonable and appropriate efforts to return your undeliverable item to you following the event. If your item is deemed to be undeliverable for any of the foregoing reasons, you will not be entitled to a refund.

Refusal or Rejection of Delivery.

Pro Bike Express reserves the right to refuse, hold or return any item and may do so in Pro Bike Express’s™ sole discretion and without liability to us. Pro Bike Express will exercise this right in circumstances including, but not limited to, the following:

The item may cause damage or delay to other items, property or personnel.
The item is likely to sustain damage or loss in transit because of improper packaging or otherwise.
The item contains any prohibited items.
The account of the person or entity responsible for payment is not in good credit standing.
When acceptance of the item may jeopardize Pro Bike Express’s™ ability to provide service to other customers.
Pro Bike Express believes that Pro Bike Express’s™ services may be used in violation of international, federal, state or local laws.

In the event that Pro Bike Express refuses to deliver an item for any of the foregoing reasons, Pro Bike Express will attempt to contact you before your event and will use all reasonable and appropriate efforts to return your refused item to you following the event. If Pro Bike Express refuses to deliver your item for any of the foregoing reasons, you will not be entitled to a refund.

Delayed Items.

Pro Bike Express will use all reasonable and appropriate efforts to ensure that your bicycle and other items are picked-up and delivered to your event on time. In the event that your bicycle and/or other items are not picked up and/or delivered on time, reasonable efforts will be made to ensure the item(s) are delivered to you as soon as possible. Note that delivering your items may take longer on international deliveries due to Customs and Immigration procedures.

In the event that a pickup deadline is missed, Pro Bike Express will use all reasonable and appropriate efforts to ensure that the next available pickup is scheduled. In such instances, Pro Bike Express may arrange for the items to be picked up at a different location. If the missed or late pickup was due to the negligence of the customer (i.e., the customer missed the deadline for our scheduled pickup) or the intervening acts of any third-party or an act of God, Pro Bike Express shall not be liable, you will not be entitled to a refund, and additional fees may apply.

In the event of a delayed delivery, Pro Bike Express will use all reasonable and appropriate efforts to ensure that the delivery is made to the customer as promptly as possible. In such instances, Pro Bike Express may arrange for the items to be picked up at a different location. If the delayed delivery was due to the negligence of the customer (i.e., the customer missed the deadline for our scheduled pickup) or the intervening acts of any third-party or an act of God, Pro Bike Express shall not be liable, you will not be entitled to a refund, and additional fees may apply.

International Deliveries.

Pro Bike Express will not be liable for regulatory delays caused by Customs or Immigration inspections. Such delays are manifest and beyond the control of Pro Bike Express. To complete international deliveries, Pro Bike Express requires a copy of your passport, round-trip flight itinerary, race registration, and complete packing list of items being sent. Items must be personal effects sent to the foreign country for your personal and temporary use. Packages sent internationally may not be locked (this includes TSA locks), as customs may need to inspect. If packages are locked, this could cause delays. Pro Bike Express is not responsible for delays or damage to suitcases due to locked packages. Pro Bike Express shall not be liable for duties and surcharges arising from International Deliveries; all such fees shall be passed onto the customer. Pro Bike Express will use all reasonable efforts to ensure that the proper paperwork is prepared and filed in order to prevent excessive and inappropriate duties and surcharges arriving from International Deliveries. For one-way transportation of a bag going to Canada, you are subject to paying duties and taxes unless you can provide proof that the bag exited the country (i.e.: tracking number or airline baggage tag). If this information is not immediately available at the time of duty and tax assessment, you will need to pay the fee and be refunded upon providing proof of re-export. Pro Bike Express may charge duties and taxes (at the time of order booking, or at a later date) for certain countries with a high occurrence of charging duties and taxes.

XII. Rates and Other Charges.

Rates are set forth on the Pro Bike Express website and may be different for different services and/or different events. These rates do not include international fees or taxes, and do not include multi-sport shop, bike shop, hotel, motel, or resort fees if applicable. Final rates and service fees may vary based upon the delivery actually tendered and the application of these Standard Terms and Conditions. Rates may change at any time without notice.

Weight or dimensions exceeding the stated limits of the Pro Bike Express equipment list are subject to additional charges.

If a customer wishes to pick-up or drop-off items at a different location, additional fees may apply. Regardless, Pro Bike Express will not refund any part of the transaction.

Some multi-sport shops, bike shops, hotels, motels, and resorts may assess a handling fee for incoming and outgoing deliveries. Any handling fees assessed must be paid by you directly to the multi-sport shop, bike shop, hotel, motel, or resort and are separate from Pro Bike Express charges and your Pro Bike Express order. Pro Bike Express recommends that you contact these locations to determine if any fees will be assessed to you.

Adjustments to your bill may occur retroactively after your order has been completed.

XIII. Insurance.

Pro Bike Express has a $1,000,000 USD cargo insurance policy in place. If the total value of Pro Bike Express’s™ cargo exceeds this amount, the coverage applicable to your transported items may be less than full value. If Pro Bike Express is shipping items for you which in total are valued in excess of $15,000, you must provide Pro Bike Express with advance written notice. Pro Bike Express may obtain additional insurance coverage and charge you an additional fee for transporting items valued in excess of $15,000 per customer.

Cargo insurance coverage covers the physical loss of or damage to bicycles, race wheels, and race equipment (helmets, wet-suits, bike shoes, etc.). Coverage is not guaranteed and in the event of a loss, you agree to use reasonable efforts to cooperate with Pro Bike Express in making an insurance claim, including but not limited to providing proof of value for any lost or damaged items. Insurance coverage may be denied for items that are not properly packaged and/or labeled.

Cargo insurance does not cover loss of use or loss of income associated with the physical loss of or damage to items.

Excess insurance is not available and may not be purchased for the “Fragile Items set forth above, including but not limited to jewelry, cash, computers, i-Pods, MP3 players, cameras, etc.

Additional insurance may be available through other sources such as your home owner™ insurance policy or other insurance agency. Please contact your insurance company or insurance agent to determine if your home owner policy provides this type of coverage, or if you should purchase additional insurance. By accepting these terms and conditions, you agree to pursue all insurance coverage available to you before pursuing any claim against Pro Bike Express.

XIV. Payment.

Pro Bike Express accepts cash, personal checks, business checks, PayPal, Visa, MasterCard, Discover, and American Express.

Payment is due on purchase, but at a minimum, Pro Bike Express requires payment before you drop-off your bicycle and other items for pickup and shipping.

Additional fees and charges may be invoiced to you after the fact and are due at the time of invoice.

Invoiced fees and charges that are not paid within 30 calendar days will be assessed a late payment charge at a rate of 8 percent per annual.

Cancellation and Refund Policy.

All services purchased from Pro Bike Express may be cancelled by written notice in accordance with the following terms:

More than 45 days before the scheduled event, Pro Bike Express will provide a 100 percent refund less any and all credit card/PayPal/transaction fees and a $25 processing fee;
Less than 45 days before the scheduled event, Pro Bike Express will provide a 50 percent refund less any and all credit card/PayPal/transaction fees and a $25 processing fee or the customer may elect to receive a full credit towards another event that Pro Bike Express serves during the same calendar year;

If an event is cancelled by anyone other than Pro Bike Express, any resulting cancellation of Pro Bike Express’s™ services will be subject to the same terms set forth above. In such instances, you will only be entitled to a full refund (less the fees and processing charge set forth above), if you provide Pro Bike Express with written notice that an event has been cancelled at least 45 days before the scheduled event.

Please allow up to 30 calendar days for the processing of any refunds. Other considerations may be made in the event of special circumstances in the sole discretion of Pro Bike Express.

In the event that Pro Bike Express must cancel an event, at least 35 days™ notice will be given to all registered Pro Bike Express customers. A full refund will be issued to the customer within 14 days of cancellation notice.

XVI. No Express or Implied Warranties.

Pro Bike Express does not provide any guarantees or warranties with respect to its services and expressly disclaims any and all implied warranties that might otherwise be provided by law.

XVII. Limitation of Liability.

Under no circumstances shall Pro Bike Express be liable for any damages in excess of the actual fair market value of your transported items. Unless other arrangements are made consistent with Paragraph XIII of these Standard Terms and Conditions, you may not claim a total combined fair market value for your transported items in excess of $15,000.

By contracting with Pro Bike Express, you expressly waive any and all claims for damages (whether sounding in tort, contract, or as otherwise provided by law) beyond the actual fair market value of your transported items, including any and all claims for special, consequential, lost profit, lost income, lost opportunity, delay, pain and suffering, and/or punitive damages.

Your failure to comply with any of Pro Bike Express’s™ Terms and Conditions, as supplemented and/or amended, and as more specifically provided in any other terms applicable to a particular service, shall serve as an absolute bar to any liability on the part of Pro Bike Express.

Pro Bike Express will be liable for personal property only for the period in which such property is in the possession of Pro Bike Express. Pro Bike Express (or its partners) do not assume liability or responsibility for property left unattended while waiting for pick-up by the carrier. Pro Bike Express is not responsible for any equipment or bags after they are delivered to their final destination. Nor is Pro Bike Express liable for a delay in delivery if customer identification is not attached or affixed to, or present on or with, the items being shipped.

XVIII. Damaged Items.

Pro Bike Express will only repair or replace items that are damaged by Pro Bike Express in accordance with the terms set forth herein. Failure to comply with any of the following conditions will result in the denial of your claim and Pro Bike Express shall have no liability.

Notice of any claim for damages must be submitted in writing to Pro Bike Express within 7 calendar days after delivery of the allegedly damaged items to you.

Written documentation supporting the amount of your claim must be delivered to Pro Bike Express within 30 calendar days after Pro Bike Express receives your notice of claim. Such documentation may include original purchase invoices, estimates, or invoices for repair, expense statements, appraisals or other records. These documents must be verified to Pro Bike Express’s™ reasonable satisfaction.

You also agree to permit Pro Bike Express to inspect any allegedly damaged item and/or the transport container in which it was packed at the time the alleged damage occurred. You also agree to reasonably cooperate with Pro Bike Express to undertake any action that might be required by Pro Bike Express’s™ insurer.

Pro Bike Express shall not be liable for minor damage arising from the normal wear and tear of transporting bicycles, race bags, wheel bags, luggage, travel cases, and other items. This includes but is not limited to minor cuts, dings, scratches, scuffs and dents, marring to the surface of said items by dust, dirt, adhesive, restraints, bicycle fork quick release clamps, bungee cord, snap-ties, or for items that protrude from the bags.

Pro Bike Express shall not be liable for preexisting damage to any items.

Pro Bike Express shall not be liable for damaged items that were not properly secured, packed, or padded within race bags, wheel bags, luggage, or travel cases as required herein. Pro Bike Express shall not be liable for any clothing that is damaged while stored in the same transport container as cycling equipment.

If Pro Bike Express determines that damage sustained by your item(s) was caused by Pro Bike Express, Pro Bike Express will in its sole discretion determine whether your damaged item shall be repaired or replaced. If Pro Bike Express elects to repair your damaged item, it may do so at the repair shop of its own choosing. If Pro Bike Express elects to replace your damaged item, it shall either replace your item with an item of comparable quality and wear or pay you the pre-damage fair market value of the damaged item.

Any and all claims shall be limited as set forth in Paragraph XVII.

XIX. Missing, Lost, or Stolen Items

Pro Bike Express will only replace items that are lost or stolen while in Pro Bike Express’s™ possession in accordance with the terms set forth herein. Failure to comply with any of the following conditions will result in the denial of your claim and Pro Bike Express shall have no liability.

Pro Bike Express will not be liable for items that are missing, lost, or stolen that were attached to the outside of a transport container (race bag, wheel bag, luggage, or travel case) or were packed inside a transport container that was not secured from outside access by third-parties.

If any of your items are missing from a properly secured transport container following delivery, you must provide Pro Bike Express notice of such missing items within 48 hours of delivery.

You also agree to permit Pro Bike Express to inspect the secured transport container in which the allegedly missing item was packed at the time of loss. You also agree to reasonably cooperate with Pro Bike Express to undertake any action that might be required by Pro Bike Express’s™ insurer.

Any and all claims shall be limited as set forth in Paragraph XVII.

Assumption of Risk and Indemnification.

You are solely responsible for the safety of your own equipment and for ensuring that your equipment has not been damaged in transport immediately upon delivery to you.

You are solely responsible for ensuring that all transported and/or delivered equipment is safe to be used for its intended purpose prior to any use by you or any third-party.

Pro Bike Express shall not be liable for any damages that result from the use of damaged and/or unsafe items by you or any third-party.

Cycling is an inherently dangerous sport. By engaging in this sport, you expressly acknowledge and assume those risks and you hereby release Pro Bike Express from any and all liability that might result from your use of items transported and/or delivered to you or anyone else by Pro Bike Express.

You expressly agree to indemnify Pro Bike Express against any third-party claims (including all damages, costs of defense, and reasonable attorneys™ fees) that might result from a third-party’s™ use of your items/equipment.

XXI. Force Manure.

Both you and Pro Bike Express shall be excused from any performance and shall not be liable for any obligation to the other to the extent that such failure to perform results from circumstances or causes beyond the parties™ control, including but not limited to the acts or omissions of third-parties, acts of God, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, local or national disruptions in air, water, or ground transportation networks, strikes or anticipated strikes (of any entity, including, but not limited to, motor carriers, other carriers, vendors or suppliers), natural disasters (including but not limited to earthquakes, fires, floods, hurricanes, tornadoes, wind, rain, and hail), conditions that present a danger to Pro Bike Express’s™ personnel or equipment, or disruption or failure of communication and information systems.

XXII. Dispute Resolution.

In the event of any dispute between you and Pro Bike Express, the claimant shall provide the other party will written notice of all claims. Any claims not included within this written notice shall be deemed waived.

If the parties cannot informally resolve any dispute, the parties agree that they must then engage in non-binding mediation in good faith in either Boulder County, Colorado or the City and County of Denver, Colorado. The completion of such mediation and the declaration of an impasse by the mediator shall serve as a precondition to any further legal action.

If the dispute remains unresolved following mediation, any and all claims between the parties must be submitted to binding arbitration with the American Arbitration Association (AAA). All arbitration proceedings must take place in Boulder County, Colorado before a AAA arbitrator in accordance with the AAA Consumer Arbitration Rules. If the parties cannot expeditiously agree on an arbitrator, an arbitrator shall be selected by striking names from a list of potential arbitrators provided to the parties by AAA. The decision or award of the arbitrator shall be final and binding upon the parties to the extent and same degree as if the matter had been adjudicated by a court of competent jurisdiction and shall be enforceable under the Federal Arbitration Act. The costs and expenses of any arbitration and of the prevailing party (including the prevailing party’s™ reasonable attorneys™ fees and costs) must be included in any award and paid by the non prevailing party.

ALTERNATIVE ADR PROVISION:

Any claim or controversy arising from or relating to these Standard Terms and Conditions or the services rendered by Pro Bike Express to you (a “Dispute”) will be resolved as follows: (a) the parties will attempt to resolve the Dispute themselves through friendly discussions; (b) if friendly discussions fail to resolve the Dispute, either party may require that the Dispute be submitted to nonbinding mediation in Denver, Colorado before the Judicial Arbiter Group (“JAG”) by sending the other party a written demand for mediation; and (c) if mediation is waived by both parties or fails to resolve the Dispute, then either party may require that the Dispute be submitted to binding, non-appealable arbitration in Denver, Colorado before JAG by sending the other party a written demand for arbitration. If the parties are unable to agree on a single JAG arbitrator, then JAG will appoint one. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties agree that all Disputes and all efforts and proceedings undertaken to resolve Disputes shall be confidential and shall not be disclosed to any other party except for the parties’ respective legal counsel, accountants, and spouses, as applicable.

XXIII. Choice of Law and Personal Jurisdiction.

Pro Bike Express is a Colorado limited liability company based in Lyons, Colorado. By freely agreeing to contract with Pro Bike Express, you agree that all of your interactions with Pro Bike Express shall be governed in accordance with Colorado law and you expressly agree to be subject to the personal jurisdiction of the District Court in the County of Boulder, State of Colorado for purposes of enforcing the Dispute Resolution terms above.

XXIV. Non-Waiver.

Any failure by Pro Bike Express to enforce or apply a term, condition or provision of these Standard Terms and Conditions does not constitute a waiver of that term, condition or provision and does not otherwise impair the right of Pro Bike Express to enforce such term, condition or provision.

XXV. Severability.

If any term or condition of these Standard Terms and Conditions, as supplemented and/or amended, is deemed to be invalid, such invalidity shall not affect other terms or conditions which can be given effect without the invalid term or condition. To this end, the terms and conditions set forth herein are declared to be sever-able Please note that Pro Bike Express, our courier partners, or any governing authority, i.e. TSA, may open and inspect any item at any time without notice to you.

You must comply with all applicable local, state, federal, and international laws, including those governing shipping, transporting, packing, marking and labeling for all items being shipped for you by Pro Bike Express.

Please remove the pedals from the bicycle before dropping if off at the multi-sport shop, bike shop, or other location. Carefully place and pad the pedals in your race bag, wheel bag, luggage, or travel case. Adequately package the pedals to prevent damage to other items within the same bag.

Every bicycle, race bag, wheel bag, travel case, and piece of luggage must be legibly and durably marked or labeled with the name, address, zip code, home phone, and cell phone number of the sender (and recipient if different than the sender). The temporary tie-on tag provided by Pro Bike Express (or other couriers) for labels should be used. Also please place identification inside every bag being shipped.

All items must be packaged securely in your race bag, wheel bag, luggage, and travel case. Pro Bike Express does NOT accept liability if it is determined that concealed damage was caused by items not being secured by the sender within the race bag, wheel bag, luggage, or travel case (i.e. bicycle components, wheels, helmets, eye/sun glasses, cycle computers, wetsuits, shoes, race suits, clothing).

Pro Bike Express will NOT be held liability for pre-existing damage to any items.

Do NOT send a race bag, wheel bag, luggage, or travel case that does not completely close. Please adequately secure the bag with luggage straps, zip-lock ties, or bungee cord to keep the bag completely closed. Pro Bike Express will NOT be held liable for items lost or damaged because a bag opened during shipment. Pro Bike Express reserves the right to use whatever means necessary to contain the contents of an open bag, or one that will not close.

Do NOT over-pack or over-stuff your race essentials bag, wheel bag, luggage, and/or travel case. Do NOT place items within a wheel bag other the wheels that the bag was meant to carry (other than padding meant to help protect the items during shipment). Pro Bike Express shall NOT be held liable for the loss, damage, or delay of items not properly and securely or adequately packaged for transport. Do NOT use a wetsuit, race suit, shoes, or other essential items as padding. Use non-essential items, such as dry towels, foam, bubble wrap, etc. for padding race wheels, helmets, and other valuable equipment.

All items must completely fit within the bag being shipped (this means wheel pumps, frame pumps, and helmets). Do not strap, fasten or otherwise secure to your race essentials bag, wheel bag, luggage, or travel case baggage any items.

The weight limit for all race bags, wheel bags, luggage, and travel cases is 30 pounds.

The size limit for all bags, luggage, and travel cases is 3,500 cubic inches: approximately 15 x15 x24. If you have a questionable item, we recommend that you do NOT ship it. If this is an essential item, please contact Pro Bike Express at 720.878.2088 or reservations@probikeexpress.com for more information. Please allow 24 hours™ response time.

You are absolutely prohibited from tendering the following items for delivery, and these items will NOT be accepted:

Firearms, or ammunition of any kind.

Explosives: Dynamite, fireworks, signal flares, road flares, sparklers, etc.

Mace, tear gas or pepper spray, etc.

Flammables Liquids, Solids, or Gases: Fuel, methane, LNG, propane, etc., paints, cigarette lighters, lighter refills, steno, matches, propellant, phosphorus, etc.

Corrosives: acids, chlorine, solvents, etc.

Poisons of any kind.

Radioactive materials of any kind.

Live animals, including dogs, cats, birds, reptiles, and fish, etc.

Animal carcasses, animal heads and other parts for taxidermy may be accepted but must be properly packaged. This restriction also applies to packaged meat or poultry products intended for consumption.

Human corpses, body parts, or cremated or disinterred human remains, etc.

Items that require an international, federal, state or local license for their transportation; i.e. alcohol, tobacco, gaming devices, etc.

Items that may cause delays or damage to equipment, personnel or other Items being shipped.

Lottery tickets and gambling devices where prohibited by federal, state or local law.

Hazardous waste, including, but not limited to, used hypodermic needles or syringes or other medical waste.

Non-hazardous waste, including but not limited to trash, rubbish, unconsumed food and liquids, feces, and dirty diapers, etc.

Packages that are wet, and/or leaking or emit an odor of any kind. This includes bicycle water bottles, hydration systems, wetsuits, open gel packages, etc.

Drugs (illicit, illegal and/or prescription drugs), or Pharmaceutical items.

Insects: alive or dead.

Perishable items such as floral or nursery stock, plant and floral displays and food items meant for immediate consumption, etc.

Household items: Bleach, spray starch, paint, insecticides, drain cleaners and solvents, etc.

Pressure containers: Spray cans, spray paint, butane, fuel (liquid, solid or gas), scuba tanks, propane tanks, and self-inflating rafts, etc.

Dirt, soil, potting soil, sand, gravel, fertilizer, or manure, etc.

Other Hazardous materials: Dry ice, gasoline-powered tools, wet-cell batteries, camping equipment with fuel, radioactive materials, poisons, infectious substances, etc.

Any other items that are prohibited by applicable local, state, federal, or international laws. Notwithstanding any other provision of the Pro Bike Express Terms and Conditions, we are not liable for delay of, loss of or damage to an item of any prohibited item(s). The following items may be accepted by Pro Bike Express for transportation purposes; however, under no circumstances will Pro Bike Express provide insurance covering damage or cargo insurance on these items. These items, and the like, are classified as ship at your own risk.

Electronics and mechanical items such as audio and video equipment, cameras, I-Pods, MP3 players, GPS devices, power taps, power meters, heart-rate monitors, sensitive calibrated tools and instruments, calculators, computers, cellular telephones, telescopes, microscopes, electrographs and medical equipment.

Garment bags and suit/dress covers of light, flimsy plastic or vinyl designed for carrying inside more durable bags and not for shipping purposes.

Photographic, cinematographic, or Precision items such as oscilloscopes, telescopes, meters, and polygraphs

Toys such as dolls, doll houses, model trains, airplanes, cars, and boats, or remote control devices.

Dentures and Retainers

Miscellaneous Items such as sample goods for resale, heirlooms, collectibles, precious metals and stones, souvenirs, gifts toolboxes, and irreplaceable item.

Essential clothing and other property which is not properly packaged inside of race bags, wheel bags, luggage, or travel cases. Initial Pickup at partner multi-sport shop, bike shop, or other location

Pro Bike Express requires that you drop off your bicycle and any other items that we are shipping for you at one of our partner multi-sport shops a minimum of twenty-four (24) hours before the scheduled pickup time. Drop-off deadlines are usually 5:00pm MST the Sunday prior to the event for which you have scheduled our services. Under special circumstances, other arrangements may be made at the customers™ request; however, please be advised that additional fees may apply. Please contact Pro Bike Express for specifics regarding drop-off times and deadlines.

Pro Bike Express does NOT provide repeat initial pickup attempts. If your bicycle or other items that we are shipping for you are not at the prescribed pickup location (multi-sport shop, or other location) prior to the proper pickup deadline, your items may NOT be delivered to your event. Customers who fail to drop-off their belongings prior to the deadline are NOT eligible for a refund.

If we determine that your bicycle, race essentials bag, or wheel bag are not at the pickup location as indicated on your service request form, we will attempt to call or email you in an effort to determine where these missing items are located. Other arrangements may have to be made to get these missing items to us; i.e., You may then have to deliver to a different drop-off location if time allows.

If you would like proof of pickup of your items, you may call Pro Bike Express at 720.878.2088 (mobile), or reservations@probikeexpress.com

Initial delivery to your event

Pro Bike Express, at its sole discretion, will determine the routing of all deliveries, including the mode of transportation used, and may use air transportation, ground transportation, water transportation, or any combination thereof in providing our services. We reserve the right to divert any delivery (including use of other carriers) in order to facilitate and expedite its delivery.

When possible, Pro Bike Express will be positioned at the event near the transition area or race-expo during packet pick-up times if we are partnered with the event director, or other entity. As with all vendors, the event director or other entity will determine if, where, and when we can setup at their event.

If we are not partnered with the event director, and we are not allowed to setup on the event grounds, then other delivery arrangements will be made and you will be notified. A standard alternative would be for Pro Bike Express to setup at the host hotel, motel, resort, or other location which is convenient and near as possible the race venue.

Another delivery option would be for Pro Bike Express to deliver your bicycle and other items to the hotel, motel, or resort at which you are staying.

Pro Bike Express or its carriers require photo identification of the person authorized to claim the bicycle and other items.

Return drop-off after your event

When possible, Pro Bike Express will be positioned at the event near the transition area or race-expo during and after the event if we are partnered with the event director, or other entity. As with all vendors, the event director or other entity will determine if, where, and when we can setup at their event.

If we are not partnered with the event director and we are not allowed to setup on the event grounds, then other return pickup arrangements will be made and you will be notified. A standard alternative would be for Pro Bike Express to setup at the host hotel, motel, resort, or other location which is convenient and near as possible the event venue.

Another drop-off option would be for Pro Bike Express to retrieve your bicycle and other items at the hotel, motel, or resort at which you are staying. If you should have to leave your hotel, condo, or resort early (in order to catch a flight) before hand-delivering your bicycle and other items to Pro Bike Express, make sure you leave instructions with the hotel, condo, resort, or another Pro Bike Express customer that Pro Bike Express is scheduled to pick up your items. Instruct them to store your bicycle and other items in a safe and secure location which may be different than the initial delivery location. Please inform Pro Bike Express ahead of time that you will be unable to hand-deliver your items to us and what instructions you have left and with whom. Please note that Pro Bike Express will NOT be held liable for loss and/or damage of items left with non-partnered third parties. An undeliverable item is one that cannot be delivered for reasons that include, but are not limited to, any of the following:

The recipient refuses to accept the delivery.

The recipient delivery address, hotel, condo, or resort cannot be located.

The delivery was addressed to an area not served by the Pro Bike Express.

The delivery contents or packaging are damaged to the point that delivery is not possible.

The delivery would likely cause damage or delay to other deliveries or property or injury to personnel or property.

The delivery contains prohibited items.

The recipients™ delivery address is closed, incorrect, or non-existent.

No appropriate person was available to accept the item at a delivery location on initial delivery attempt or reattempts.

The item(s) was improperly packaged.

Refusal or rejection of delivery Pro Bike Express reserves the right to refuse, hold or return any item and may do so in our sole discretion and without liability to us. We will execute that right in cases in which (but not limited to):

The item may cause damage or delay to other items, property or personnel,

The item is likely to sustain damage or loss in transit because of improper packaging or otherwise,

The item contains any prohibited items,

The account of the person or entity responsible for payment is not in good credit standing, or

When acceptance of the item may jeopardize our ability to provide service to other customers.

We believe that our services may be used in violation of international, federal, state or local laws. Pro Bike Express promises that every avenue will be exhausted to ensure that your bicycle and other items are picked-up and delivered to your event on time. In the event that your bicycle and other items are not picked up or delivered on time, reasonable efforts will be made to ensure the item(s) are returned to you as soon as possible. Returning your items may take longer on international deliveries due to Customs and Immigration procedures. We sincerely apologize in advance for any inconvenience you may experience should your items be delayed. Such isolated incidents are not typical of Pro Bike Express high standard of service.

In the event of a delayed pick-up the customer can expect the following:

In the event that a pickup deadline was missed, then the next available pickup will be scheduled.

The customer may have to make other arrangements to have their items picked up at a different location.

If it is deemed that the missed or late pickup was due to the negligence of the customer (i.e., the customer missed the deadline for the scheduled pickup deadline for pickup of items by shipper) then additional fees from changes being made to an order involving that pickup will be passed on to the customer.

In order for a change made to a late or missed pickup to be free of charge, the late or missed pickup must be deemed to have been due to the negligence of Pro Bike Express or its partners.

In the event of a delayed delivery the customer can expect the following:

Pro Bike Express assumes NO liability for delay, which may occur as direct or indirect acts of God, breakdown in transportation equipment, traffic or road construction delays, accidents, illness, riots, terrorism, strikes, or from any action, omission or commission beyond the control of Pro Bike Express. In these instances, it shall NOT be the responsibility of Pro Bike Express to pay for resulting costs and expenses, including, but not limited to rental equipment, purchase of equipment and personal luggage contents.

Pro Bike Express will be liable for personal property only for the period in which it is in the possession of Pro Bike Express. Pro Bike Express (or its partners) do not condone or assume liability or responsibility for property left unattended while waiting for pick-up by the carrier. Pro Bike Express is NOT responsible for any equipment or bags after they are delivered to their final destination. Nor is Pro Bike Express negligent for a delay of delivery, if the customer™ identification is not present on or with the items being shipped.

Pro Bike Express is NOT negligent if items are delayed due to a designated contact person not being available for pick-up or delivery. Pro Bike Express may not attempt to deliver multiple times before sending the item back to the sender, if this would cause delays with other deliveries. Arrangements can be made with Pro Bike Express to reschedule deliveries to the same or different address (additional fees may apply). If no arrangements are made, and the gear is sent back, Pro Bike Express is NOT responsible for rerouting delivery charges. Pro Bike Express will NOT be held liable for regulatory delays caused by Customs or Immigration inspections. Such delays are manifest and beyond the control of Pro Bike Express. To complete international deliveries, Pro Bike Express requires a copy of your passport, round-trip flight itinerary, race registration, and complete packing list of items being sent. Items must be personal effects sent to the foreign country for your personal and temporary use. Packages sent internationally may NOT be locked (this includes TSA locks), as customs may need to inspect. If packages are locked, this could cause delays. Pro Bike Express is NOT responsible for delays or damage to suitcases due to locked packages. Pro Bike Express shall NOT be held liable for duties and surcharges arising from International Deliveries; all such fees shall be passed onto the customer. Pro Bike Express will take every step possible to ensure that the proper paperwork is prepared and filed in order to prevent excessive and inappropriate duties and surcharges arriving from International Deliveries. For one-way transportation of a bag going to Canada, you are subject to pay duties and taxes unless you can provide proof that the bag exited the country (i.e.: tracking number or airline baggage tag). If this information is not immediately available at the time of duty and tax assessment, you will need to pay the fee and be refunded upon providing proof of re-export. Pro Bike Express may charge duties and taxes (at the time of order booking, or at a later date) for certain countries with a high occurrence of duties and taxes charges. Rates are available on the Pro Bike Express website. These rates do not include international fees or taxes, and do not include multi-sport shop, bike shop, hotel, motel, or resort fees if applicable. Final rates and service fees may vary based upon the delivery actually tendered and the application of these Terms and Conditions. Rates may change at any time without notice.

Weight or dimensions exceeding the Stated Limits of the Pro Bike Express equipment list are subject to additional charges. Adjustments to your bill may occur retroactively after your order has been completed.

If a customer wishes to pick-up or drop-off items at a different location, Pro Bike Express will not refund any part of the transaction.

Some multi-sport shops, bike shops, hotels, motels, and resorts may assess a handling fee for incoming and outgoing deliveries. Any handling fees assessed must be paid directly to the multi-sport shop, bike shop, hotel, motel, or resort by you and are separate from Pro Bike Express charges and your Pro Bike Express order. Pro Bike Express recommends that you contact these locations to determine if any fees will be assessed to you.

Any conflict or inconsistency between the Pro Bike Express Terms and Conditions and other written or oral statements or quotes concerning the rates, features of service, and terms and conditions applicable to Pro Bike Express service will be controlled by the Pro Bike Express Terms and Conditions, as modified, amended, changed or supplemented. We are NOT liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quote made prior to tender of the delivery and the rates, and other charges that we invoice to you. Pro Bike Express has a $1,00,000 USD cargo insurance policy in place. If our cargo is at full capacity (50 bicycles), liability is limited to $5,435 USD on average per customer for all items shipped. If our cargo is at half capacity (23 bicycles), liability is limited to $10,870 USD on average per customer for all items shipped, . If Pro Bike Express is shipping items for you valued beyond this liability limit, you at your sole discretion may decide additional insurance is necessary. Additional insurance may be available through other sources such as your home owner™ insurance policy or other insurance agency. Please contact your insurance company or insurance agent to determine if your home owner™ policy provides this type of coverage, or if you should purchase additional insurance. Here are a few guidelines:

Cargo insurance coverage covers the physical loss or damage of bicycles, race wheels, and race equipment (helmets, wet-suits, bike shoes, etc.).

Cargo insurance does not cover loss of use or loss of income associated with the physical loss or damage of items.

Additional insurance coverage is not currently available through or from Pro Bike Express.

The total valuation of your items may exceed $5,200 USD, but may not be insured beyond the $5,200 USD limit if our cargo is at full capacity (50 bicycles).

Pro Bike Express will insure provided the items are correctly described, properly packaged, correctly valued, and undamaged prior to shipping. Maximum liability is not automatic and damage or loss value must be proven to the insurance adjuster.

Excess insurance is not available and may not be purchased for items excluded from our liability; such as jewelry, cash, computers, i-Pods, MP3 players, cameras, etc. Please see the Fragile Items Liability list above for details. Payment
Pro Bike Express will accept cash, personal checks, business checks, PayPal, Visa, MasterCard, Discover, and American Express. Pro Bike Express requires payment before you drop off your bicycle and other items for shipping.

Credit Card Policy and Information
Pro Bike Express guarantees that use of a customer™ credit card information via the Pro Bike Express website is 100% secure. Pro Bike Express will be held liable for unauthorized charges made to your credit card if these unauthorized charges are due to negligence of Pro Bike Express. Pro Bike Express provides NO guarantees or warranties. Pro Bike Express shall NOT be held liable for items not properly packaged in race bags, wheel bags, luggage, or travel cases, nor shall Pro Bike Express claim liability for the delivery of items found in the List of Fragile Items (see above). Pro Bike Express assumes NO liability where it is found that items were not properly packaged in an adequate race bag, wheel bag, luggage, or travel case designed for a materially different good not suited to the purpose of said bag, luggage, or travel case. Any failure by Pro Bike Express to enforce or apply a term, condition or provision of the Terms and Conditions, does NOT constitute a waiver of that term, condition or provision and does not otherwise impair Pro Bike Express™ right to enforce such term, condition or provision. Pro Bike Express shall NOT be held liable for loss or damage to articles that are strapped, fastened, or otherwise secured to other baggage being transported and that are not independently tagged and/or packaged. Such items include but are not limited to floor pumps, frame pumps, helmets, shoes, wetsuits, race suits, clothing, hydration systems, bicycle components, etc. Pro Bike Express cannot be held liable for items that are stolen from the inside of bags that were not properly secured, or if the theft is reported to Pro Bike Express more than 48 hours after delivery. If you have questions or concerns regarding Pro Bike Express, please send your Correspondence to:

Pro Bike Express shall NOT be held liable for minor damage arising from the normal wear and tear of transporting bicycles, race bags, wheel bags, luggage, or travel cases, etc. This includes but is not limited to minor cuts, dings, scratches, scuffs and dents, marring to the surface of said items by dust, dirt, adhesive, restraints, bicycle fork clamps, bungee chord, snap-ties, or for items that protrude from the bags. If however Pro Bike Express deems that damage did take place beyond the normal wear and tear of an item, then the following stipulations apply: Pro Bike Express will evaluate if a damaged item is 1) repairable, or 2) unrepairable. Decisions to repair or replace a damaged item are solely the prerogative of Pro Bike Express, and Pro Bike Express reserves the right at any time to inspect a damaged item.

Note, however, that:

Signed Receipt of the delivery by the recipient without written notice of damage on the receipt is prima facie evidence that the shipment was delivered in good condition.

Pro Bike Express does NOT accept claims for damaged items that were not properly secured, packed, or padded within race bags, wheel bags, luggage, or travel cases.

Pro Bike Express does NOT accept liability for damage that is caused to items secured attached to the outside of race bags, wheel bags, luggage, or travel cases.

Failure to comply with any of the following conditions will result in the denial of your claim.

We must receive notice of a claim due to damage (visible or concealed), delay, shortage, or failure within 48 hours of the scheduled delivery date. We must receive notice of all other claims, including, but not limited to, claims for non-delivery within 7 calendar days after the scheduled delivery.

Notice of claims for which you are seeking more than $100 must be in writing. All claims must be made within the time limits set forth above.

Notice of claim may be done via email to reservations@probikeexpress.com or via telephone 720 878 2088 with a live person. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs (A) through (B) will result in denial of your claim, and we will have no liability or obligation to pay your claim. The filing of a lawsuit does not constitute compliance with these notice provisions.

Written documentation supporting the amount of your claim must be delivered to us within 30 calendar days after we receive your notice of a claim. Such documentation may include original purchase invoices, estimates, or invoices for repair, expense statements, appraisals or other records. These documents must be verifiable to our satisfaction.

Pro Bike Express reserve the right to inspect a damaged item on the recipients premises as well as the right to retrieve the damaged item for inspection. The terms and conditions applicable to the original delivery (including any declared value) will govern the disposition of all claims in connection with the delivery, including any claim relative to the retrieval, inspection or return of the package. When an item is picked up for inspection, a receipt for the damaged item will be provided if requested by the recipient. All of the original delivery cartons, packing and contents must be made available for our inspection and retained until the claim is concluded.

Receipt of the delivery by the recipient without written notice of damage on the air bill is prima facie evidence that the item was delivered in good condition.

Pro Bike Express does not accept claims for lost or damaged clothing that are packed with the sporting equipment gear.

Pro Bike Express does not accept liability for damage that is caused by items being improperly secured in a case.

Only one claim can be filed in connection with a delivery. Acceptance of payment of a claim shall extinguish any right to recover in connection with that delivery.

When we resolve a claim by paying any amount for an item, we reserve the right to pick up the item for salvage, and all rights, title to, and interest in the item shall vest with us.

Written claims must be sent (via U.S. Postal Service) to: Pro Bike Express, PO BOX 1200 Boulder CO 80306

Any purchases made because of a late delivery must be returned to Pro Bike Express for salvage. If items are not returned, Pro Bike Express reserves the right to decline reimbursement.

Claims may be filed with Pro Bike Express only. For deliveries which are lost while in Pro Bike Express possession, claims must be submitted in writing no later than 10 business days after loss occurred. Pro Bike Express, Inc. will NOT be held liable for any delay or damages to bicycles, bicycle components (attached or unattached), race wheels, bicycle equipment, personal luggage, travel cases, and other items, whether direct, incidental, special, or consequential, in excess of the value of an item, whether or not we knew or should have known that such damages might be incurred, including but not limited to loss of income or profits. Pro Bike Express will NOT be liable for, nor will any adjustment, refund or credit of any kind be given as a result of any loss, damage, delay, non-delivery, misinformation or any failure to provide information, except such as may result from our sole negligence. We will NOT be liable for, nor will any adjustment, refund or credit of any kind be given as a result of any loss, damage, delay, non-delivery, misinformation or failure to provide information caused by or resulting in whole or in part from:

The act, default or omission of any person or entity, other than Pro Bike Express, including those of any local, state, federal government, or international agencies.

Your violation of any of the terms and conditions contained in the Pro Bike Express Terms and Conditions, as amended or supplemented, or on a signed receipt, including, but not limited to, the improper or insufficient packing, securing, marking and labeling of items, or use of an account not in good credit standing, or failure to give notices in the manner and time prescribed.

Perils of the air, water, and road, public enemies, criminal acts of any person(s) or entities, including, but not limited to, acts of terrorism, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotion, hazards incident to a state of war, local or national weather conditions, local or national disruptions in air, water, or ground transportation networks (as determined solely by us), strikes or anticipated strikes (of any entity, including, but not limited to, motor carriers, other carriers, vendors or suppliers), natural disasters (including but not limited to earthquakes, floods, hurricanes, tornadoes, wind, rain, and hail), conditions that present a danger to our personnel or equipment, and disruption or failure of communication and information systems (including, but not limited to, our systems).

Our compliance with verbal or written delivery instructions from the sender, recipient or persons claiming to represent the sender or recipient.

Damage or loss of articles packaged and sealed by the sender or by person(s) acting at sender™ direction, provided the seal is unbroken at the time of delivery, the package retains its basic integrity, and the recipient accepts the delivery without noting the damage on the delivery record.

Erasure of data from or the loss or irretrievably of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film.

Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.

Our failure to honor package orientation graphics (e.g., arrows, THIS END UP labels or other special directions concerning packages, luggage, and travel cases.

Your failure to send goods in packaging approved by us prior to delivery where such prior approval is recommended or required.

Our failure to notify you of any delay, loss or damage in connection with your delivery or any inaccuracy in such notice.

Damage to briefcases, luggage, garment bags, aluminum cases, plastic cases or other items whose outer finish might be damaged by adhesive labels, soiling or marking.

The senders failure to provide accurate delivery address information.

Any package containing a prohibited item. (See Prohibited Items.)

Our provision of advice, assistance or guidance on the appropriate packaging of items unless such advice, assistance or guidance has been approved in writing by Pro Bike Express and the writing expressly accepts liability in the event of a damaged item.

Failing to meet our delivery commitment for any deliveries with an incomplete or incorrect address. (See Undeliverable Items.)

Damages indicated by any shock watch, tilt meter or temperature instruments.

Deliveries released without obtaining a signature if a signature release is on file.

Loss or damage to any package for which we have no record of receipt.

Dangerous goods items that the sender did not properly declare, including proper documentation, markings, labels and packaging. Pro Bike Express will not pay a claim on undeclared/hidden dangerous goods.

Previously damaged bicycle or sporting equipment and personal luggage.

Over-sized, overweight, non-secured, improperly, or over-packed bags.

Damage or loss of protruding luggage parts such as wheels, straps, pockets, pull handles, hanger hooks, or other items attached to equipment and personal luggage and Manufacturer defects.

Minor cuts, scratches, scuffs, dents, ding, and soil.

Damage to Fragile items (antiques, heirlooms, I-Pods, radios, stereos, cameras, computers, etc.)

Damage or delay to Perishable items.

Damage to Valuable items (photographic equipment, computers, VCRs and any other electronic equipment including software or components, video, jewelry, cash, documents, works of art, securities and negotiable papers, precious metals, or other similar valuable or irreplaceable items.

Damage to soft cases, either the case or its contents. Any failure by Pro Bike Express to enforce or apply a term, condition or provision of the Pro Bike Express Terms and Conditions does not constitute a waiver of that term, condition or provision and does not otherwise impair Pro Bike Express right to enforce such term, condition or provision.