J&B Importers, Inc. (“ORIGIN8 bicycles”), a Florida Corporation located at 11925 SW 128th St., Miami, FL 33186, makes the following Limited Warranty concerning ORIGIN8 bicycles:
LIMITED 90-DAY WARRANTY ON COMPLETE BICYCLES
Subject to the following limitations, terms and conditions, ORIGIN8 warrants to the original owner of each new ORIGIN8 bicycle that this bicycle when new is free of defective materials and workmanship. This warranty shall expire 90 days from the date of the original purchase from an ORIGIN8 dealer and is conditioned upon the bicycle being operated under normal conditions and use, and properly maintained. This warranty is void if the bicycle was not purchased new from or not properly assembled by an ORIGIN8 dealer.
LIMITED 1-YEAR WARRANTY ON ACCESSORIES AND COMPONENTS
Subject to the following limitations, terms and conditions, ORIGIN8 warrants to the original owner of each new ORIGIN8 component that this component when new is free of defective materials and workmanship. This warranty shall expire one (1) year from the date of the original purchase from an ORIGIN8 dealer and is conditioned upon the component being used under normal conditions and use, and properly maintained. This warranty is void if the component was not purchased new from or not properly assembled by an ORIGIN8 dealer.
This Limited Warranty is made only to the original owner of this new ORIGIN8 bicycle purchased from an ORIGIN8 dealer, and it shall remain in force only as long as the original owner retains ownership of the ORIGIN8 bicycle. This Limited Warranty is not transferable. In order to exercise your rights under this limited warranty, the bicycle must be presented to an ORIGIN8 dealer, together with a receipt, bill of sale or other appropriate written proof of purchase which identifies the bicycle by serial number. Should this bicycle or any part be determined by ORIGIN8 to be covered by this warranty, it will be repaired or replaced, at ORIGIN’s sole option, which will be conclusive and binding. The original owner shall pay all labor charges connected with the repair or replacement of all parts. Under no circumstances does this limited warranty include the cost of travel or shipment to and from an ORIGIN8 dealer. Such costs, if any, shall be borne by the original owner. This limited warranty does not apply to normal wear and tear or to claimed defects, malfunctions or failures that result from abuse, neglect, improper assembly, improper maintenance, alteration, collision, crash or misuse. This bicycle has not been designed, engineered, distributed, manufactured, or retailed to be equipped with a motor of any kind, for uses in trick riding, ramp riding, jumping, aggressive riding, riding on severe terrain, riding in severe climates, riding with heavy loads, commercial activities, or any similar activities; such uses may damage the bicycle, and can cause serious injury to the rider, and in all cases will void this warranty.
USEFUL PRODUCT LIFE CYCLE
Every ORIGIN8 bicycle and frameset has a useful product life cycle. The length of that useful product life cycle will vary with the construction and materials of the bicycle or frameset, the maintenance and care the bicycle or frameset receives over its useful product life cycle, and the type and amount of use the bicycle or frameset is subject to. Uses in competitive events, trick riding, ramp riding, jumping, aggressive riding, riding on severe terrain, riding in severe climates, riding with heavy loads, commercial activities and other types of non-standard use can dramatically shorten the useful product life cycle of an ORIGIN8 bicycle. Any one or a combination of these conditions may result in an unpredictable failure of an ORIGIN8 bicycle that would not be covered by this warranty. All ORIGIN8 bicycles should be periodically checked by an ORIGIN8 dealer, for indicators of stress and/or potential failure, including cracks, deformation, corrosion, paint peeling, dents, and any other indicators of potential problems, inappropriate use, or abuse. These are important safety checks and very important to help prevent accidents, bodily injury to the rider and shortened useful product life cycle of an ORIGIN8 bicycle.
THIS IS AN INTEGRATED AND FINAL STATEMENT OF ORIGIN8 LIMITED WARRANTY. ORIGIN8 DOES NOT AUTHORIZE OR ALLOW ANYONE, INCLUDING ITS DEALERS, TO EXTEND ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, FOR ORIGIN8. NO OTHER REPRESENTATION, AND NO STATEMENT OF ANYONE BUT ORIGIN8, INCLUDING A DEMONSTRATION OF ANY KIND BY ANYONE SHALL CREATE ANY WARRANTY REGARDING THIS BICYCLE. ALL OF THE REMEDIES AVAILABLE TO THE ORIGINAL OWNER ARE STATED HEREIN. IT IS AGREED THAT ORIGIN8 LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE NO GREATER THAN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE AND IN NO EVENT SHALL ORIGIN8 BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
All other remedies, obligations, liabilities, rights, warranties, express or implied, arising from law or otherwise, including but not limited to, any claimed implied warranty of merchantability, any claimed implied warranty arising from course of performance, course of dealing or usage of trade, and any claimed implied warranty of fitness, are disclaimed by ORIGIN8 and waived by the original owner. Some states, jurisdictions, countries, provinces, do not allow some or all of the limitations set for herein, or the exclusion or limitation of incidental or consequential damages. If any provision is found unenforceable, only that provision shall be stricken and all others shall apply. This limited warranty does provide the original owner with certain legal rights and recourse and the original owner may possess other rights or recourse, depending on the state, jurisdiction, country or province.