Rack N Roll Pty Ltd – Product Liability Policy and Important Safety Information
Introduction: Rack N Roll Pty Ltd (operating in the U.S. under the trademarked brand “Rack N Ride®“) designs and manufactures high-quality motorcycle hitch carriers. This document outlines important safety information regarding the proper use of our products and serves as a product liability waiver. Please read this information carefully before using your Rack N Ride carrier.
Mandatory Four-Point Tie-Down Requirement: Regardless of the Rack N Ride carrier model (MX, Sport, ADV, etc) or any hardware that may be supplied with the carrier, it is MANDATORY to secure the motorcycle to the carrier using at least four (4) separate points using high-quality tie-down straps. Acceptable tie-down points on your motorcycle include the frame, handlebars, upper or lower triple clamp, or dedicated crash bars. The tie-down straps used must be in good condition and have an appropriate strength rating for the weight of the motorcycle being transported. Failure to use at least four tie-down points significantly increases the risk of the motorcycle becoming unstable during transport, which could lead to serious personal injury, property damage, or even death.
Specific Instructions for Different Carrier Models:
- MX Carrier: While Rack N Ride may supply two straps with the MX Carrier, these are provided as a starting point only. You MUST still use an additional two tie-down straps (or more) attached to the recommended four points on your motorcycle. Do not rely solely on the supplied straps or any previously supplied hardware, such as turnbuckles and spring clips, for securement of your motorcycle.
- Sport and ADV Carriers: Rack N Ride does not supply tie-down hardware of any kind for the Sport and ADV models. This decision is based on the understanding that purchasers of these larger, often more expensive motorcycles typically have their own preferred methods and high-quality tie-down straps. It is your sole responsibility to select and use appropriate, high-quality tie-down straps and to ensure that your motorcycle is securely fastened at a minimum of four points as described above.
User’s Responsibility for Safe Use: The purchaser bears the sole responsibility for ensuring that the motorcycle is loaded onto the Rack N Ride carrier correctly, is properly balanced, and is secured in strict compliance with the instructions outlined in this waiver. This responsibility includes, but is not limited to, the following:
- Weight Capacity: Never exceed the maximum weight capacity specified for your Rack N Ride motorcycle carrier model.
- Vehicle Limitations: Always verify and adhere to the vehicle’s hitch class rating, the vehicle manufacturer’s specified tongue weight capacity, and the overall towing capacity.
- Weight Distribution: Ensure that the motorcycle’s weight distribution on the carrier does not negatively impact the vehicle’s handling, braking performance, or stability.
- Tie-Down Maintenance: Regularly check the tightness and overall condition of all tie-down straps and attachment points before and during transportation. Replace any worn or damaged straps immediately.
- Driving Safety: Operate the vehicle in a safe and responsible manner, adjusting your speed and driving style to account for the added weight and altered centre of gravity caused by the motorcycle carrier and the motorcycle.
Disclaimer of Liability: To the fullest extent permitted by applicable law, Rack N Roll Pty Ltd, including its directors, officers, employees, agents, and affiliates, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, personal injury, death, property damage, or economic loss, arising out of or in any way connected with the use or misuse of the Rack N Ride® motorcycle carrier. This disclaimer of liability specifically includes, but is not limited to, damages or injuries resulting from:
- Failure to properly load, secure, or transport the motorcycle, including the failure to use at least four tie-down points as explicitly instructed.
- The use of inadequate, improperly rated, or damaged tie-down straps or hardware.
- Exceeding the stated weight capacity of the Rack N Ride carrier or the vehicle’s hitch, tongue weight, or towing capacity limitations.
- Improper installation or lack of maintenance of the Rack N Ride carrier.
- Negligence or misuse of the product by the purchaser or any other third party.
Assumption of Risk: By purchasing and using a Rack N Ride motorcycle carrier, you acknowledge and understand that transporting a motorcycle using a hitch-mounted carrier involves inherent risks. You voluntarily assume all such risks, including the risk of personal injury or property damage that may result from improper use, including the failure to follow the specified tie-down procedures and weight limitations.
Governing Law: This product liability waiver shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.
Severability: If any provision of this waiver is held to be invalid or unenforceable, the remaining provisions of this waiver will continue to be valid and enforceable to the fullest extent permitted by law.
Entire Agreement: This waiver constitutes the entire agreement between the purchaser and Rack N Roll Pty Ltd (known as Rack N Ride in the US) concerning the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
Contact Information: For any questions or concerns regarding the safe use of your Rack N Ride motorcycle carrier, please contact our customer support team.