TERMS & CONDITIONS
The following terms and conditions contained herein (Standard Terms and Conditions) apply to all contracts of sale entered into by The Raceday Company and govern your use of thebikesherpa.com. Your use of or viewing of the The Bike Sherpa website will constitute your agreement, on behalf of yourself and any entity or entities you may represent, to all of the terms and conditions provided herein. The Raceday Company reserves the right to make changes or modifications to such terms and conditions at any time without notice and your subsequent viewing or use of or viewing of the The Bike Sherpa website will constitute your agreement to any changes and modifications. There may be additional terms and conditions provided throughout the The Bike Sherpa website governing your use of particular functions, features, information and applications available through thebikesherpa.com The Terms and Conditions contained in this The Raceday CompanyTerms and Conditions supersede all previous Terms and Conditions, amendments, supplements, and other prior statements concerning the shipping rates and conditions of service to which these Terms and Conditions apply. The Raceday Company reserves the right to unilaterally modify, amend, change or supplement the The Raceday Company Terms and Conditions including, but not limited to, shipping rates, insurance coverage, services, pick-up locations, drop-off locations, destinations, and features of service without notice. The language provided herein contains the The Raceday CompanyTerms and Conditions applicable to the transportation of bicycles and all other items by The Raceday Company dba as the bike sherpa.
Compliance, packing, & labeling: Please note that The Bike Sherpa, 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 The Bike Sherpa.
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, etc.
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 The Bike Sherpa (or other couriers) for labels should be used. Also please place identification inside every bag being shipped.
All items must be packed securely in your race bag, wheel bag, luggage, and travel case. The Bike Sherpa 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, etc).
The Bike Sherpa will NOT be held liable 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 cords to keep the bag completely closed. The Bike Sherpa will NOT be held liable for items lost or damaged because a bag opened during shipment. The Bike Sherpa 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 inside a wheel bag other than the wheels the bag was meant to carry (other than padding meant to help protect the items during shipment). The Bike Sherpa will 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 fit entirely inside a the bag being shipped (this means wheel pumps, frame pumps, and helmets). Do not strap, fasten or otherwise secure any items to your race essentials bag, wheel bag, luggage, or travel case baggage.
The weight limit for all race bags, wheel bags, luggage, and travel cases is 35 pounds.
The size limit for all bags, luggage, and travel cases is smaller than a body bag
Restricted items: If you have a questionable item, we recommend that you do NOT ship it. If this is an essential item, please contact The Bike Sherpa at 3038102027or our contact email page 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.
Flammable 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,Âincluding 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 The Bike Sherpa Terms and Conditions, we are not liable for delay of, loss of or damage to an item of any prohibited item(s).
Extent of liability: The Bike Sherpa 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. The Bike Sherpa 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 The Bike Sherpa, including those of any local, state, federal government, or international agencies.
Your violation of any of the terms and conditions contained in the The Bike Sherpa 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 provide notice 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 senders 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., UP arrows, THIS END UP markings), FRAGILE 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.
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 The Bike Sherpa 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.
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. The Bike Sherpa 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 manufacturers defects.
Minor cuts, scratches, scuffs, dents, dings and soiling.
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.
Damaged items: The Bike Sherpa 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 quick-release clamps, bungee cords, snap-ties, or for items that protrude from bags. If, however, The Bike Sherpa deems that damage did occur beyond the normal wear and tear of an item, then the following stipulations apply: The Bike Sherpa will evaluate if a damaged item is 1) repairable, or 2) not repairable. Decisions to repair or replace a damaged item are solely the prerogative of The Bike Sherpa and The Bike Sherpa reserves the right to inspect a damaged item at any time.
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.
The Bike Sherpa does NOT accept claims for damaged items that were not properly secured, packed, or padded inside race bags, wheel bags, luggage, or travel cases.
The Bike Sherpa does NOT accept liability for damage that is caused to items secured 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 claims may be e-mail via contact page or via telephone 3038102027. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs (a) and (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.
The Bike Sherpa reserves 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 waybill is prima facie evidence that the item was delivered in good condition.
The Bike Sherpa does not accept claims for lost or damaged clothing that is packed with sporting equipment and gear.
The Bike Sherpa does not accept liability for damage that is caused by items being improperly secured in a case.
Only one claim may 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 email to: The Bike Sherpa via contact page
Any purchases made because of a late delivery must be returned to The Bike Sherpa for salvage. If items are not returned, The Bike Sherpa reserves the right to decline reimbursement.
Claims may be filed with The Bike Sherpa only.