protections under your local laws. This Limited Warranty does not cover and excludes damage to your product or any component
thereof caused by:
4.1 Abuse, misuse, recklessness, negligence, or commercial use.
4.2 Improper charging, storage, maintenance, or operation of the Product not in compliance with instructions or limitations as
provided in the user materials.
4.3 Use of the Product not in compliance with applicable laws and regulations.
4.4 Use of the Product by persons with inadequate experience.
4.5 Accident, collision, riding at an unsafe speed on paved roads, riding at an unsafe speed on unpaved roads, riding over obstacles,
amateur racing, professional racing, use in backcountry sports, fire damage, water damage, chemical damage, use of the
Product outside of the Product’s working temperature range, high-pressure water spray, earthquake, dropping, loading with
excessive weights.
4.6 Modifications to mechanical parts, modification of electronic parts, or modifications to software embedded in the Product.
4.7 Service, repair, and maintenance by unauthorized providers.
4.8 Cosmetic damages.
4.9 Use of the Product with third party product, component, or accessory.
4.10 The normal deterioration of wear and tear parts.
4.11 Use of the Product with overdue wear and tear parts.
5. LIABILITY DISCLAIMER AND LIMITATION
5.1 WILLAND AND OTHER WILLAND PARTIES DO NOT ASSUME OR AUTHORIZE ANYONE TO ASSUME ON ITS BEHALF, ANY OTHER
OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR,
OR THIS LIMITED WARRANTY.
5.2 WILLAND PARTIES AND WILLAND DEALERS ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A PRODUCT, ITS
COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER LOSS OR DAMAGE WHICH MIGHT BE CAUSED
FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS COMPONENT
PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE
EXTENT THAT IT IS DISALLOWED BY APPLICABLE LAW.
5.3 IN NO EVENT WILLAND, OTHER WILLAND PARTIES AND WILLAND DEALERS’ TOTAL AND AGGREGATE LIABILITY FOR ALL
CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING OUT OF OR RELATED TO THE
PURCHASE OF THE PRODUCT, USE OF THE PRODUCT, BREACH OF CONTRACT, TORTS (INCLUDING NEGLIGENCE) OR
OTHERWISE, EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT, FURTHER SUBJECT TO WILLAND’S
SOLE AND EXCLUSIVE DISCRETION. IN NO EVENT SHALL BE WILLAND, OTHER WILLAND PARTIES AND WILLAND DEALERS
BE LIABLE TO ANY PERSON FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED
DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF THE PRODUCT, ANY
BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE
FORESEEABLE, (B) WHETHER OR NOT WILLAND OR OTHER WILLAND PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW. THE FOREGOING
LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR ANY OTHER PERSON’S (WHO MIGHT HAVE
RIGHT OR CLAIM UNDER THIS AGREEMENT BY OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL
THEIR ESSENTIAL PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS ARE NOT
ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR EXCLUSIONS
ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5.4 To the extent permitted by applicable law, WILLAND PARTIES hereby DISCLAIM any liability and thereby shall not be
responsible for any damages, including but not limited to death, bodily injury, or damages to property, arising out of or related
to any conduct (including misconduct), action, inaction, act (including failure to act), omission or negligence by any authorized
or unauthorized dealer, distributor, wholesaler, retailer, service provider or third party that involves into the distribution of
Product or the services thereto. To the extent permitted by applicable law, the explicit representations and warranties, if any,
provided herein, shall be the only warranties and representations made by WILLAND PARTIES to YOU, any consumer, and/or
end-user. WILLAND PARTIES shall not be responsible for any other warranties and/or representations that may be given and/or
provided by another person unless WILLAND Parties have in a written form explicitly authorized such additional warranty
and/or representation to be given to consumer or end-user.
62
To Next Page
Loading...
