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5.1.8 EUROPEAN WARRANTY APPLICABLE LAW: Any disputes
arising out of this warranty will be governed by the laws of the country of
Italy , including Italian Consumer Code.
5.2 Warranty rest of the world excluding Europe – USA included
If any component of your suspension system is found to be defective
in materials or workmanship within the term of this Limited Two Year
Warranty (the “Agreement”), the defective component will be
repaired or replaced, at the option of Tenneco Marzocchi S.r.l. free
of charge, within thirty (30) days after receipt of the same from an
authorized Tenneco Marzocchi dealer or Tenneco Marzocchi USA,
freight prepaid, together with the original retail invoice or other
evidence of the date of purchase.
5.2.1 NOT COVERED: This warranty does not cover damage
resulting from accidents, alteration, neglect, misuse, abuse, improper
use, lack of reasonable or proper maintenance, improper assembly,
repairs improperly performed, replacement parts or accessories not
conforming to Tenneco Marzocchi S.r.l.’s specifi cations in the Owner’s
Manual or on the Website www.marzocchi.com, modifi cations not
recommended or approved in writing by Tenneco Marzocchi S.r.l.
activities such as acrobatics, jumping, stunt riding, ramp riding,
racing, commercial use, competitive use, use in mountain biking or
BMX parks, use on BMX trails, and/or normal wear or deterioration
occasioned by the use of the suspension system. This warranty
does not cover items subject to normal wear due to the use of the
suspension system, such as for example oil, oil seals, dust seals and
bushes. We therefore ask you to check (or have your dealer check)
its condition at the moment you purchase the suspension system, as
that is the only time that it will be possible to replace such components.
In addition, this warranty is void in the event that the suspension
system is used with rental bicycles, unless Tenneco Marzocchi S.r.l.
provided prior approval in writing for such use. This warranty also
does not include any expenses related to the transportation of the
Marzocchi suspension system to or from an authorized Tenneco
Marzocchi dealer (or Tenneco Marzocchi USA), labor costs to
remove the Marzocchi suspension system from the bicycle, or
compensation for loss of use while the Marzocchi suspension system
is being repaired. This warranty will be automatically void if the
serial number of the Marzocchi suspension system is altered, erased,
defaced or otherwise subject to any tampering. This warranty will be
automatically void if the purchaser does not follow all the instructions
in the Owner’s Manual and in the website www.marzocchi.com.
WARNING!
Install, service and use the Marzocchi Suspension System
in absolute compliance with the instructions in the products
Manual.
5.2.2 PURCHASER: This warranty is made by Tenneco Marzocchi
S.r.l. with only the original purchaser of the Marzocchi suspension
system, and does not extend to any third parties. The rights of the
original purchaser under this warranty may not be assigned.
5.2.3 TERM: The term of this warranty shall commence on the date
of purchase and shall continue for a period of two (2) years from
the date of the original purchase. Unless the two-year warranty still
applies, replaced parts have an additional six (6) month warranty.
5.2.4 PROCEDURE: In the event of a defect covered by this
warranty, the purchaser should contact an authorized Tenneco
Marzocchi dealer (or Tenneco Marzocchi USA).
5.2.5 ENTIRE AGREEMENT: This warranty supersedes any and
all oral or express warranties, statements or undertakings that may
previously have been made, and contains the entire agreement
between the parties with respect to the warranty of this Marzocchi
suspension system. Any and all warranties not contained in this
warranty are expressly and specifi cally excluded.
5.2.6 LIMITED WARRANTY: Except as expressly provided by this
warranty, Tenneco Marzocchi S.r.l. and Tenneco Marzocchi USA,
Inc. SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE USE OF
THE MARZOCCHI SUSPENSION SYSTEM OR A CLAIM UNDER
THIS AGREEMENT, WHETHER THE CLAIM IS BASED ON
CONTRACT, TORT OR OTHERWISE. The foregoing statements
of warranty are exclusive and lieu of all other remedies. Some
states do not allow the exclusion or limitation of incidental or
consequential damages, so this limitation or exclusion may not
apply to you.
5.2.7 DISCLAIMER: ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A
COURSE OF DEALING, USAGE OR TRADE, BY STATUTE OR
OTHERWISE, IS HEREBY STRICTLY LIMITED TO THE TERM
OF THIS WRITTEN WARRANTY. This Agreement shall be the sole
and exclusive remedy available to the Purchaser with respect to this
purchase. In the event of any alleged breach of any warranty or any
legal action brought by the purchaser based on alleged negligence
or other tortuous conduct by Tenneco Marzocchi S.r.l. the
Purchaser’s sole and exclusive remedy will be repair or replacement
of the defective materials, as stated above. No dealer and no other
agent or employee of Tenneco Marzocchi S.r.l. is authorized to
modify, extend or enlarge this warranty. This warranty expressly
supersedes all representations set forth in Tenneco-Marzocchi’s or
any other entities product literature and marketing materials, and
including but not limited to any advertising literature and Technical
Specifi cations.
5.2.8 WARNING: Always install, repair and use your Marzocchi
suspension system in strict compliance with its owner’s manual.
5.2.9 OTHER RIGHTS: This warranty gives you specifi c legal rights,
and you may also have rights that may vary from state-to-state.
5.2.10 APPLICABLE LAW IN THE REST OF THE WORLD: This
agreement shall be deemed to have been negotiated and entered
into in Bologna, Italy. Any and all claims or disputes arising out
of or otherwise relating to this warranty shall be governed and
construed in accordance with the laws of the State of New York,
and the parties expressly acknowledge and irrevocably agree that
the sole and exclusive venue for and jurisdiction over any such
matter shall be the courts of Bologna, Italy to the exclusion of the
courts of any other place.
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