THIS WARRANTY EXTENDS TO THE FIRST AND ORIGINAL END-PURCHASER (“CUSTOMER”) OF A VANRAAM SPECIAL NEEDS BICYCLE AND ANY PARTS THEREOF SUPPLIED BY A VANRAAM AUTHORIZED DEALER IN THE UNITED STATES OR CANADA (“PRODUCT”). THIS WARRANTY IS VALID FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF PURCHASE AND WILL SOLELY BE EXTENDED TO TWO (YEARS) AFTER THE DATE OF PURCHASE IF THE CUSTOMER RETURNS THE COMPLETED FORM TO VANRAAM ON THIS PAGE WITHIN TEN DAYS AFTER THE DATE OF PURCHASE. PLEASE ATTACH A COPY OF THE ORIGINAL PROOF OF PURCHASE TO THIS CERTIFICATE.
Description of warranty
Under this warranty (“Warranty”) vanRaam warrants to Customer that the Product it supplies is free from material errors and defects in materials and workmanship for a period of one (1) year after the date of purchase. The Warranty period will solely be extended to two (2) years after the date of purchase if Customer returns the completed form on this page within ten days after the date of purchase. A copy of the original proof of purchase must be attached to this certificate. The Warranty covers the repair or replacement of components and parts of the Products. For the purpose of this Warranty, error means any substantive failure of the Products to comply with functional or material technical specifications set forth in the Product user manual, issued by vanRaam.
The Warranty will be valid only if:
1. The Product has been maintained conform vanRaam’s Product user manual;
2. The Product has been used by Customer for its intended use only, as described in vanRaam’s Product user manual; and
3. Customer strictly complies with all obligations set forth herein.
Customer obligations
Customer is not permitted to fit Products with spare parts or accessories other than those prescribed in the vanRaam Product user manual. Under no circumstances may Customer fit the Products with an engine that has not been approved by vanRaam in writing. Breach of these obligations will terminate the Warranty with immediate effect.
In case of a defect, Customer must:
1. Stop using the Product immediately, unless instructed by the Dealer or vanRaam in writing otherwise;
2. Contact the Dealer immediately at the address above, but not later than fourteen (14) days after the defect first occurred, was first discovered, or reasonably should have been discovered. Any Warranty claim must be substantiated by clear pictures and an explanation of the experienced defect, pointing out the expected cause;
3. Allow the Dealer or vanRaam to inspect the Product at Customer’s premises during regular business hours and any defective parts must be made available for inspection by the Dealer or vanRaam and should be shipped to the Dealer or vanRaam upon first request; and
4. Follow all instructions by the Dealer or vanRaam.
Warranty limitations and exclusions
1. The Warranty does not apply to third-party parts and components that are part of a Product. Those third-party parts and components will be covered by the warranty of the supplier and/or manufacturer, if any.
2. The Warranty is personal and cannot be transferred or assigned by Customer without prior written approval of vanRaam.
3. Replaced parts will become property of vanRaam.
4. The Warranty does not cover faults or damages arising from normal wear and tear, faulty, careless or improper installation or treatment, improper storage of the Product, unauthorized use or misuse of the Product, unauthorized modifications, installation, repairs or other unauthorized work on the Product, including installation of replacement parts that are not in accordance with the vanRaam Product user manual, failure by Customer to comply with the Dealer or vanRaam instructions, guidelines and manuals, improper, defective or extreme environmental circumstances or events outside our reasonable control (force majeure), or a failure caused by parts supplied by or on behalf of Customer, or parts specifically requested by Customer.
5. The Warranty does not cover faults or damages resulting from Products or part of Products that were specifically designed and/or manufactured by vanRaam for Customer in accordance with Customer’s specifications. Additionally, any damages or losses resulting from changes in design or materials requested by Customer that have affected the quality of the Products and/or its parts negatively, as indicated by vanRaam in writing, will not be covered by the Warranty.
6. The Warranty does not cover subtle color variations in the coating of lacquer of the Product and degradation in the coating of lacquer of the Product, or other non-conformities which do not harm the functionality of the products.
7. The Warranty claim will lapse if the Customer is in default regarding payment or otherwise fails to fulfil its obligation(s) under the agreement.
Disclaimer
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, CONCERNING THE PURCHASE, USE OR CONDITION OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR CONFORMITY WITH ANY DESCRIPTION OR SAMPLE. EXCEPT AS SET FORTH IN THIS WARRANTY, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND OTHER TERMS IMPLIED BY LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of liability
IN NO EVENT SHALL VANRAAM, ITS AFFILIATES OR ITS LICENSORS BE LIABLE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. VANRAAM’S AGGREGATE LIABILITY FOR CUSTOMER’S CLAIM IN CONNECTION TO PRODUCTS SHALL NOT EXCEED THE TOTAL PAID BY CUSTOMER FOR THE PRODUCTS IN CONNECTION TO WHICH THE DAMAGING EVENT OCCURRED. IN THE EVENT OF A BREACH OF THE WARRANTY, VANRAAM’S LIABILITY IS LIMITED TO REPAIRING OR REPLACING THE RELEVANT PRODUCTS DELIVERED FREE OF CHARGE OR REIMBURSING THE PRICE CHARGED FOR THEM, AT VANRAAM’S SOLE DISCRETION.
Applicable Law and Arbitration
These Warranty terms shall be governed by and construed in accordance with the laws of the State of New York, USA, or by the state of residence of Customer, if required by mandatory law of such state. Any dispute, controversy or claim arising out of, relating to or in connection with this Warranty and/or the Product, including the breach, termination, or validity thereof, shall be finally resolved by arbitration. Customer agrees to arbitrate solely on an individual basis and acknowledges and accepts that this Warranty agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of these arbitration terms remain in force. All disputes and controversies arising out of or relating to these Warranty terms and or the Products shall be finally and bindingly resolved under the Consumer Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be New York, New York or, if required by Customer’s state laws or regulations, in the capital of the state of residence of Customer. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction. ANY CAUSE OF ACTION AGAINST VANRAAM, REGARDLESS WHETHER IN CONTRACT, TORT OR OTHERWISE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.