BEFORE YOU PURCHASE YOUR COPENHAGEN WHEEL, YOU MAY REVIEW THE TERMS AND CONDITIONS OF OUR ONE-YEAR LIMITED WARRANTY.
Last updated May 3, 2015
Superpedestrian, Inc. (“we”, “our”, “us”, “Superpedestrian”, or “Company”) warrants to the owner (“you”, “your”, or “owner”) that, subject to the terms and conditions set out below, The Copenhagen Wheel (the “Product” or “Wheel”) purchased by the owner will be free of defects in design, materials and workmanship when used normally in accordance with the Company’s published guidelines for the period of one (1) year from the date of delivery (the “Warranty Period”). The battery included with the Product (“Battery”) will maintain at least 70% of its initial storage capacity for the earliest to occur of either (a) expiration of the Warranty Period or (b) 500 Battery recharging cycles; the terms and conditions of this warranty otherwise applicable to the Product are applicable to the Battery. Our published guidelines include, but are not limited to, information published on our website, www.superpedestrian.com, and in the supplied user documentation and instructions. This Limited Warranty is only valid and enforceable in the country where the owner purchased the Product, provided that the said country is on the list of countries in the Territory defined in the Terms of Sale that applied when the owner purchased the Product. Where required by local law, the Warranty Period will be extended and any other terms and conditions will be modified as necessary to comply with the local law where the Owner purchased the product.
EACH COPENHAGEN WHEEL PRODUCT MUST BE REGISTERED. In order to utilize the Product with the web and mobile applications (“Application” or “App”), you are required to register your Wheel to your Superpedestrian account (“Product Registration”) as stated in the Terms of Sale issued by Superpedestrian. The Product Registration will take place at the time you initially access the mobile App, or by creating an account on our web App located at www.superpedestrian.com. You can authorize other people to use your Wheel as guests. This Product Registration process is necessary to secure your Wheel from unauthorized usage and to initiate its electronic and storage capabilities. Without Product Registration, the Wheel will not function with the App, and will only operate in the standard shipping configuration. The Product Registration will be used as evidence of ownership when making a warranty claim.
MAKING A CLAIM UNDER THE LIMITED WARRANTY
If you wish to make a warranty claim, please contact us through our website, or by emailing us at email@example.com for claim instructions. To make a warranty claim, you will need to provide (a) proof of your Product Registration and proof of purchase from Superpedestrian or an authorized distributor (“Proof of Purchase”), or (b) your Product serial number and Proof of Purchase. The claim must be made within sixty (60) days of the issue coming to your attention and, in any case, no later than the expiration of the Warranty Period.
If the warranty claim is approved, we will provide shipping and handling instructions to you for the return shipment. Shipping instructions, including labeling and packaging, must be followed carefully. Due to the Battery, the Product may be considered a dangerous good while in transit and you cannot ship the Product for return without following our shipping and handling instructions. The Product must be shipped through ground shipping. Failure to follow our procedure will void the warranty. We reserve the right to organize shipping and bear or repay transportation expenses.
We reserve the right to examine the failed Product to determine the cause of failure and patterns of usage and to be the sole judge as to whether the Product is defective and covered under this warranty.
If a claim is received within the Warranty Period and the Product is found to have failed under the warranty we will, at our option:
- Repair the Product;
- exchange the Product with a Product that is new, refurbished or which has been manufactured from new or serviceable used parts and is functionally equivalent to the original Product; or
- provide you with certain user-installable parts and instructions.
Replacement or repaired products, as applicable, will be returned to you as soon as commercially practicable. When the Product or a part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes our property. Warranty repairs are exclusively performed by us, our authorized service technicians, or authorized third party service technicians, except where we provide you with user-installable parts and instructions. The Warranty Period will not be extended or renewed or otherwise affected due to subsequent exchange, resale, repair or replacement of the Product. The part(s) repaired or replaced during the Warranty Period will be warranted for the remainder of the original Warranty Period.
After examination, if the Product is not found to be covered by this Limited Warranty, then we reserve the right to charge a shipping and handling fee for return of the Product to you.
WHAT IS NOT COVERED?
Unless agreed in writing, the Limited Warranty will not apply if the defect(s) relate to:
(a) normal wear and tear; (b) components supplied, or used, with the Product not manufactured by us; (c) damage or defects caused by rough, excessive or inappropriate handling or use, accident, neglect, misuse (i.e. jumps/stunts or use on inappropriate terrain), fire, water, lightning or other acts of nature; (d) theft, loss, or confiscation of the Product; (e) any alteration, modification, disassembly or tampering of the Product, including attempt or removal of the Battery from the Product, which has been carried out by you or a third party, if not authorized by us; (f) where you or a third party has tampered with or modified the firmware embedded in the Product; (g) use of spare parts, spokes or hub components, or replacement items (including consumables), not provided or recommended by us; (h) damage due to unsuitable cleaning agents or additives, or tools such as high-pressure cleaners; (i) cosmetic damage or corrosion; (j) a short-circuit in the Battery, or if the seals of the Battery enclosure or the cells are broken or show evidence of tampering, or if the Battery has been used in equipment other than that for which it has been specified; (k) overcharging the Battery or not adhering to the instructions of Battery handling and charging; (l) any failure to adequately package the Product for transportation; (m) where the maximum weight on the bicycle (specifically – bicycle, rider, AND load) has been over 150kg (330 lbs); extreme or external causes beyond our reasonable control; (n) use of the Product in a rental or any commercial application; (o) if the Product’s serial number has been removed, erased, defaced, altered or is illegible in any way (as determined in our sole discretion); (p) non-compliance with the Product instructions; or (q) you are in breach of the terms of this Limited Warranty.
We are not responsible for the design and/or manufacture of the bicycle on which the Product has been installed. Any damage to the bicycle, or components thereof, is not covered under this Limited Warranty.
THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SUPERPEDESTRIAN AND SUPERPEDESTRIAN’S SOLE AND EXCLUSIVE LIABILITY IN RESPECT OF DEFECTS IN THE PRODUCT. TO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. SUPERPEDESTRIAN DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN AND LATENT DEFECTS. SUPERPEDESTRIAN IS NOT LIABLE FOR ANY OTHER COST OR DAMAGES, INCLUDING LOST PROFITS, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY. THESE LIMITATIONS SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSSLY NEGLIGENT ACTS AND/OR OMISSIONS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE OR JURISDICTION.
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