MANUFACTURER’S WARRANTY
MANUFACTURER’S WARRANTY
Introduction
According to the terms and conditions set forth below, this manufacturer’s warranty (the "Manufacturers Warranty"), valid for 24 months (as detailed in clause 4), is offered directly by FULCRUM WHEELS S.r.l, Via dell'Economia 103, 36100 Vicenza, Italy ("FULCRUM"), tothe first retail purchaser (the "Purchaser") of each FULCRUM® branded product manufactured and marketed by FULCRUM, either directly or through its distributors or resellers (the "Product").
This Manufacturer’s Warranty does not affect any of the Purchaser’s consumer rights under applicable consumer legislation or any other rights the Purchaser may be entitled to enforce against the seller from which the Purchaser bought the Product under the contract existing between them.
1. SUBJECT
Subject to the terms and conditions set out in this Manufacturer’s Warranty, and for the entire duration thereof (as set out in clause 4 below), FULCRUM warrants to the Purchaser that the Product purchased by the Purchaser will be free from defective materials or workmanship.
Acting via an authorised FULCRUM Service Centre, FULCRUM shall repair or replace (deciding between these options at its sole discretion) any Product found to be defective, provided the Purchaser promptly notifies FULCRUM that the Product is defective (in accordance with the provisions of clause 8 below) and that the Product is recognised by FULCRUM as being defective.
2. EXCLUSIONS
This Manufacturer’s Warranty covers, and is limited to, only and exclusively what is indicated in clause 1 above. It cannot therefore be invoked by the Purchaser outside this scope.
The following are in any case expressly excluded from the coverage offered by this Manufacturer’s Warranty: A) Products without the relevant receipt or tax invoice, as this would make it impossible to determine the date and place of retail purchase, thereby excluding any illicit origin thereof (theft, smuggling, goods sold in violation of tax law, etc.); B) Products with identifying markings removed (serial number, production batch, product code etc); C) Products which have reached the end of their normal lifespan; D) Products which are damaged by accident, or through misuse, neglect, abuse or improper use, lack of reasonable or proper maintenance, corrosion, improper assembly, repairs that have not been carried out correctly, or replacement parts that have not been properly installed. In addition, this warranty does not cover use of incompatible replacement parts or accessories or use of the Product alongside incompatible components, modifications that have not been recommended or approved in writing by Fulcrum, normal wear and tear due to use of the Product, and use of the Product for commercial purposes; E) Cosmetic imperfections relating to the surface, finish, or appearance of the Product which were apparent or discoverable at the time of purchase of the Product; F) Damage occurring during shipment or transport of the Product; G) Lubricants, brake pads, and other consumables; H) Any expenses related to the transportation of the Product to and from an authorised FULCRUM Service Centre; I) The labour costs required to remove the Product from the bicycle; J) Compensation for inconvenience or loss of use of the Product by the Purchaser while the Product is being repaired or replaced.
It is also understood that FULCRUM will be entitled at any time to change the specifications and technical features of its Products without notice and that FULCRUM will not be obliged in any way to incorporate such new features into Products previously manufactured and/or sold by FULCRUM (whether directly or through its distributors and resellers). Accordingly, the absence in a particular Product of any feature or specification that was introduced by FULCRUM after the date of manufacture of such Product will in no event be deemed to be a Product defect covered by this Manufacturer’s Warranty (or any other warranty)
3. PURCHASER
This Manufacturer’s Warranty is offered only to the first retail Purchaser of the Product and cannot, therefore, be extended to third parties. The Purchaser's rights under this Manufacturer’s Warranty cannot be assigned.
4. VALIDITY
The period of validity of this Manufacturer’s Warranty is two (2) years from the date of retail sale of the Product to the Purchaser, duly documented by the relevant receipt or tax invoice (the "Warranty Period").
The Warranty Period shall in no circumstances be extended in the event of repair or replacement of a Product under this Manufacturer’s Warranty.
5. EXCLUSIVITY AND PREVALENCE
Without prejudice to the provisions of the Introduction, this Manufacturer’s Warranty constitutes the sole and exclusive warranty commitment of FULCRUM to the Purchaser with respect to the Product purchased by the Purchaser, with the express exclusion of any further verbal or written, implied or express, statutory or contractual warranties, obligations and/or commitments made by FULCRUM to the Purchaser.
6. NO LIABILITY
Notwithstanding the provisions of this Manufacturer’s Warranty and to the extent permitted by law, FULCRUM WILL NOT BE LIABLE (and cannot be held liable) TO THE PURCHASER FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE THAT MAY BE CAUSED TO THE PURCHASER (whether contractually or non-contractually) AS A RESULT OF THE USE OF THE PRODUCT OR IN CONNECTION WITH ANY CLAIM OR COMPLAINT BROUGHT BY THE PURCHASER UNDER THIS MANUFACTURER’S WARRANTY.
7. WAIVER
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTIES ARISING FROM TRADE PRACTISES, LAWS OR OTHERWISE, ARE STRICTLY LIMITED TO THE TERMS OF THIS WARRANTY.
Notwithstanding the provisions of the Introduction and to the fullest extent permitted by law, this Manufacturer’s Warranty represents the Purchaser’s sole and exclusive remedy against FULCRUM with respect to the Product purchased.
Therefore, to the extent set forth above, and subject to the conditions set forth in this Manufacturer’s Warranty, the Purchaser may only require FULCRUM to repair or replace (as decided by FULCRUM) the defective Product.
No reseller, agent or other representative or employee of FULCRUM is authorised to modify, extend or widen the scope of this Manufacturer’s Warranty.
The performance by FULCRUM of any services under this Manufacturer’s Warranty does not constitute (and will not be construed as) an admission or implicit acknowledgment of the existence of design or manufacturing defects in the Product.
8. PROCEDURE
The validity and enforceability of this Manufacturer’s Warranty is subject to the following conditions:
- that the alleged Product defect is reported by the Purchaser to an authorised FULCRUM Service Centre in the country where the retail sale took place (Service Centres are listed in catalogues and on our website www.fulcrumwheels.com) within the term of the Warranty Period referred to in clause 4 and, in addition, within eight days of delivery of the Product to the Purchaser (in the case of obvious defects) or discovery of the defect by the Purchaser (in the case of hidden defects). Failure by the Purchaser to report the defect within the above time limits will automatically result in the Purchaser's forfeiture of any warranty rights in respect of the defect under this Manufacturer’s Warranty; and
- that, when downloading the Manufacturer’s Warranty from the website ........................................, the Purchaser fully accepted and approved (also pursuant to articles 1341 and 1342 of the Italian Civil Code) the content of this Manufacturer’s Warranty by checking the relevant boxes.
Before returning any allegedly defective Product to a FULCRUM Service Centre for inspection, the Purchaser must first obtain a return authorisation code from the Service Centre, which the Purchaser must affix, in a clear and visible manner, on the outside of the packaging of the returned Product. The issue of the return authorisation code does not constitute acceptance of the claim, whose legitimacy will instead be evaluated by the Service Centre (on behalf of FULCRUM) only after the inspection of the returned Product. Acting through its Service Centre, FULCRUM shall then determine, at its sole discretion, whether or not the Product defect reported by the Purchaser is covered by this Manufacturer’s Warranty.
In addition, for this Manufacturer’s warranty to be valid and enforceable, the allegedly defective Product must be returned by the Purchaser to the Service Centre complete with the return authorisation code, all the parts the Product, duly cleaned (dirty Products will not be accepted) and suitably packaged (in such a way as to avoid damage during shipment). In addition, the Product must be accompanied by: A) the receipt or tax invoice showing the date and place of retail purchase; B) a detailed description of the problem with the product found by the Purchaser; C) a chronological list of the work carried out in an attempt to remedy the problem; D) a list of components used by the Purchaser in combination with the Product; E) an estimate of the Product's kilometrage; F) the name, address, telephone numbers and e-mail address of the Purchaser; G) a specific request for deletion of this data, if the Purchaser does not wish for their personal information to be stored for future reference once the claim has been handled.
9. APPLICABLE LAW AND EXCLUSIVE JURISDICTION
This Manufacturer’s Warranty will in all cases be deemed to have been agreed and signed by the Purchaser in Vicenza, Italy.
This Manufacturer’s Warranty will be governed by and construed in accordance with Italian law, with the express exclusion of the 1980 Vienna Convention on the International Sale of Goods.
Any dispute between the Purchaser and FULCRUM arising out of, or relating to, this Manufacturer’s Warranty and/or any claim or right of the Purchaser against FULCRUM relating to alleged defects in a Product will be submitted to the exclusive jurisdiction of the Court of Vicenza, Italy, with express exclusion of any other competing jurisdiction.