Warranty & Warnings (Evictus)
Flarespace AL, LLC, an Alabama limited liability company having offices at 428 Industrial Ln, Birmingham, AL 35211 (“FS”) makes the following LIMITED WARRANTY with respect to the EVICTUS suspension products:
LIMITED WARRANTY:
Subject to the limitations, terms, and conditions hereof, FS warrants, to the original retail owner of each new EVICTUS suspension product, that the EVICTUS suspension product, when new, is free from defects in materials and workmanship. For EVICTUS PRERUNNER products, this warranty expires from the earlier to occur of: (i) two (2) years from the date of the original EVICTUS suspension product retail purchase, and (ii) 25,000 post-installation miles. For EVICTUS ADVANCED products and all other EVICTUS products, this warranty expires from the earlier to occur of: (i) one (1) year from the date of the original EVICTUS suspension product retail purchase, and (ii) 12,000 post-installation miles. If applicable law requires a warranty duration greater than stated herein, then, subject to the other provisions hereof, this warranty will expire at the end of the minimum warranty period required by such law.
TERMS OF WARRANTY:
This warranty is conditioned on the EVICTUS suspension product being operated under normal conditions and properly maintained as specified by FS. This warranty is only applicable to EVICTUS suspensions purchased new from an authorized FS source and is made only to the original retail owner of the new FS suspension product and is not transferable to subsequent owners. This warranty is void if the FS suspension product is subjected to abuse, neglect, improper or unauthorized repair, improper or unauthorized service or maintenance, alteration, modification, accident or other abnormal, excessive, or improper use.
Should it be determined by FS in its sole and final discretion, that a FS suspension product is covered by this warranty, it will be repaired or replaced, by a comparable model, at FS's sole option, which will be conclusive and binding. THIS IS THE EXCLUSIVE REMEDY UNDER THIS WARRANTY. ANY AND ALL OTHER REMEDIES AND DAMAGES THAT MAY OTHERWISE BE APPLICABLE ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PUNATIVE DAMAGES.
This limited warranty does not apply to normal wear and tear, malfunctions or failures that result from abuse, improper assembly, neglect, alteration, improper maintenance, crash, corrosion, surface finish, appearance, misuse or collision. This limited warranty gives the consumer specific legal rights. The consumer may also have other legal rights which vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages or warranties, and if dictated by law the above limitations or exclusions may not apply to you. If it is determined by a court of competent jurisdiction that a certain provision of this limited warranty does not apply, such determination shall not affect any other provision of this limited warranty and all other provisions shall remain in full effect. This limited warranty does not apply to products exported outside of North America.
THIS IS THE ONLY WARRANTY MADE BY FS ON ITS SUSPENSION PRODUCTS AND COMPONENTS, AND THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION HEREIN. ANY WARRANTIES THAT MAY OTHERWISE BE IMPLIED BY LAW INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.