SR SUNTOUR, INC. (“WARRANTOR”) warrants that each SR SUNTOUR PRODUCT will be free from defects in material and workmanship for a period of TWENTY FOUR (24) months (TWELVE (12) months on damper, SIX (6) months on seals,slider sleeves & bushings) from the date of the first retail purchase of the PRODUCT. The Limited Warranty is referred to herein as “the Limited Warranty.” The PURCHASER’s sole and exclusive remedy under this Limited Warranty for defects in the PRODUCT shall be the repair or replacement, in WARRANTOR’s sole discretion, of the defective PRODUCT, or components thereof.
ACTIVATION OF WARRANTY
In order to activate limited warranty coverage, the first retail PURCHASER (hereinafter referred to as “PURCHASER”) must register the purchase of the PRODUCT on line at www.SR SUNTOUR-CYCLING/Warranty.com within seven (7) days of purchase of the PRODUCT.
This Limited Warranty does not apply to, will be deemed null and void, and WARRANTOR shall have no liability or responsibility in respect of, damages or expenses relating to:
- The failure to properly install, use, maintain, store, or transport PRODUCT as, for example, specified in any manuals or other literature supplied by WARRANTOR, on WARRANTOR’s website, or in accordance with any applicable laws, codes, regulators or standards;
- Improper specification or application of the PRODUCT as a sub component on a different product;
- Any PRODUCT purchased from any entity other than WARRANTOR, WARRANTOR’s OEM (original equipment manufacturer) customers, or WARRANTOR’s authorized dealers;
- Alteration, change or modification of the PRODUCT, including its subcomponents, parts or assemblies;
- Cosmetic issues, such as scratches, chips or colour deviations;
- Accidents, neglect, misuse, abuse, improper use, lack of reasonable or proper maintenance, improper assembly, repairs improperly performed, replacement parts or accessories not conforming to WARRANTOR’s specifications, use exceeding the recommended and permitted limits of the PRODUCT, or not following the warranty procedure set forth herein.;
- Activities such as acrobatics, stunt riding, ramp riding, racing, and/or normal wear or deterioration occasioned by the use of the PRODUCT. Items subject to normal wear or deterioration include but are not limited to oil, dust seals, oil seals, o-rings, bushings, bearings, rubber moving parts, stanchion tubes, bearings, and cartridges;
- Any components of any other assembly on which a PRODUCT may be installed, and which may be damaged as a result of the failure of a PRODUCT;
- Any expenses related to the transportation of the PRODUCT to or from an authorized service center, labor costs to remove the PRODUCT from the bicycle, or compensation for loss of use while the PRODUCT is being repaired;
- Any defect or non-conformity that has not been timely and promptly communicated in writing to WARRANTOR or WARRANTOR’s authorized representative as set forth herein;
- Any damage, cost or expense caused by Act of God; or
- Loss of time, loss of use, inconvenience, loss of profits, lost business, lost business opportunities, damage to reputation, goodwill and any incidental or consequential damages arising out of or relating to the PRODUCT, or other matters not specifically covered hereunder.
This warranty will be automatically and immediately null and void if the serial number of the PRODUCT is altered, erased, defaced or otherwise subject to any tampering. In addition, any use of the PRODUCT with a rental or leased bicycle or for any other commercial use (i.e. on a messenger bike) shall render the Limited Warranty immediately null and void.
In the event of an alleged defect covered by this warranty, PURCHASER shall, within ten (10) calendar days of learning of the alleged defect, contact the authorized retailer from which PURCHASER purchased the PRODUCT to give specific and detailed notice of any non-conformities or defects regarding the PRODUCT. This notice shall include photographs of the PRODUCT and including photographs of the alleged defect, a copy of the proof of purchase, and the serial number of the PRODUCT. In addition, the maintenance history of the PRODUCT must be submitted with the warranty claim. Within thirty (30) days thereafter, the PURCHASER will be advised of whether the limited warranty claim is accepted or rejected. If accepted, the PURCHASER will be advised of the remedy to be provided pursuant to the terms and conditions of this Limited Warranty.
In the event WARRANTOR, in its sole discretion, decides to replace the PRODUCT, but the same PRODUCT is no longer available, WARRANTOR may replace the PRODUCT with a different product of equal or higher value to the PRODUCT.
The PURCHASER forfeits any rights it may have under this Limited Warranty if the PURCHASER does not follow the procedure described herein.
LIMITATION OF DAMAGES
Except as expressly provided by this Limited Warranty, Warrantor SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE USE OR NON-USE OF THE PRODUCT OR A CLAIM UNDER THIS LIMITED WARRANTY, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE. The foregoing statements of warranty are exclusive and in lieu of all other remedies or damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, BY STATUTE OR OTHERWISE, IS HEREBY STRICTLY LIMITED TO THE TERM OF THIS WRITTEN WARRANTY.
This Limited Warranty shall be the sole and exclusive remedy available to the PURCHASER with respect to this PRODUCT. In the event of any alleged breach of any warranty or any legal action brought by the PURCHASER based on breach of warranty, alleged negligence or other tortious conduct by WARRANTOR, the PURCHASER’S sole and exclusive remedy will be repair or replacement of defective materials or refund of the purchase price, as stated herein. In no event shall the liability of the WARRANTOR exceed the purchase price of the PRODUCT.
NO TRANSFER OF LIMITED WARRANTY
This warranty is made by WARRANTOR with only first PURCHASER of the PRODUCT and does not extend to any subsequent PURCHASER or any third parties. The unexpired portion of this Limited Warranty may not be transferred to any entity.
Any and all claims or disputes of whatever nature arising out of or otherwise relating to this Limited Warranty shall be governed by and construed in accordance with the laws of the State of New York only, and the parties expressly acknowledge and irrevocably agree that the sole and exclusive venue for and jurisdiction over any such claim or dispute shall be the state or Federal courts siting in White Plains, New York to the exclusion of the jurisdiction of the courts of any other place, without giving effect to choice of law principles and without giving effect to the United Nations Convention regarding contracts for the International Sale of Goods (which the parties expressly exclude).
Your acceptance of delivery of The PRODUCT constitutes your acceptance of the terms of this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If any term or provision of this Limited Warranty is invalid or unenforceable under any local, state, or federal law, statute, judicial decision, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule and the remaining provisions of this Limited Warranty shall remain in full force and effect.
This document alone contains the entire Limited Warranty given by WARRANTOR in respect of the PRODUCT. Nothing in WARRANTOR’s product literature, marketing materials, advertisements and technical specifications expand or enlarge the scope of this Limited Warranty. There are no terms, promises, conditions or warranties regarding the PRODUCT other than those expressly contained herein. WARRANTOR specifically does not authorize any person, including but not limited to any dealer or other agent or employee of WARRANTOR, to extend the time, scope, terms or conditions of this Limited Warranty or to create or assume for Warrantor any other obligation or liability with respect to the Product or other products designed, manufactured or sold by Warrantor. All terms of this Limited Warranty are contractual and not mere recitals, and constitute material terms of this Limited Warranty. It is agreed and acknowledged that the provisions of this Limited Warranty allocate the risks between WARRANTOR and PURCHASER, that WARRANTOR’s pricing reflects this allocation of risk, and but for this allocation and limitation of liability, WARRANTOR would not have entered into this Limited Warranty.