GIVI USA, INC. LIMITED WARRANTY
Limited Warranty (“Warranty”): Subject to the exclusions set forth below, GIVI USA, INC. (“GIVI”) warrants that the GIVI branded motorcycle/scooter related products or accessories (collectively, “Products”) will be free from defects in material and workmanship for a period of twenty-four (24) months from the date of purchase (“Warranty Period”). This Warranty is valid only with proof of purchase in the form of an invoice or receipt.
Exclusions: This Warranty is valid only for Products purchased from GIVI or an authorized GIVI dealer located in the continental United States, Alaska or Hawaii. GIVI reserves the right to decline warranty service for any Products purchased from a seller or reseller located outside the continental United States, Alaska or Hawaii, including, without limitation, any online seller, reseller, supplier, distributor or dealer. This Warranty extends only to a Product as delivered to, and is for the sole and exclusive benefit of, the original end-user purchaser of such Product. This Warranty may not be transferred or assigned by the original end-user purchaser.
This Warranty applies only when the applicable Product has been properly handled, stored, transported, installed, operated and maintained in accordance with the GIVI guidelines and instructions included with the shipment of such Product. GIVI shall have no responsibility under this Warranty for any failure of a Product that results from external causes, including, without limitation: acts of nature; accidents, negligence, misuse, physical damage or general wear and tear; exposure to adverse or hazardous chemicals or other substances; use of reactive cleaning agents, solvents, harsh chemicals and/or other substances to clean such Product; environmental conditions, including, without limitation, proximity to heat sources such as, but not limited to, motorcycle silencers; vandalism; fire; animal or insect activity; fault or negligence of the purchaser of the Product, any end user of the Product and/or any third parties not engaged or authorized by GIVI; improper or unauthorized use, installation, handling, storage, alteration, maintenance or service, or any other occurrences beyond GIVI’s reasonable control. In addition, GIVI shall have no responsibility under this Warranty for, and the Products are not warranted against, (i) any failure of a Product resulting from or arising out of the use of the Product with any third-party components, non-GIVI products or mounting hardware, or (ii) failures of third-party-supplied components or failures of a Product caused by third-party-supplied components. THIS WARRANTY IS VOID WITH RESPECT TO ANY PRODUCT IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED.
Remedy: If a Product fails to comply with the terms of this Warranty and the purchaser of such Product has fully complied with all of the obligations under this Warranty and GIVI’s Terms and Conditions of Sale (which are available at http://www.giviusa.com/terms-and-conditions-of-sale), including, without limitation, payment in full in respect of such Product, GIVI, at its sole option, will either (i) repair or replace any defective component of such Product with the same or a functionally equivalent component part or (ii) issue a credit to the applicable purchaser. Specifically, GIVI will repair the defective component, replace such defective component with a similar or like component (as determined by GIVI in its sole discretion), or issue a credit (in an amount calculated by GIVI in its sole discretion) to the purchaser that may be used for future GIVI Product purchases. GIVI reserves the right to use new, reconditioned, refurbished, repaired or remanufactured component products or parts in the repair or replacement of any Product covered by this Warranty. For purposes of clarification, this Warranty requires only the repair, replacement or issuance of a credit for the components of a Product that are deemed to be defective and not the entire Product. This Warranty excludes any and all removal or reinstallation costs and expenses, including, without limitation, labor and equipment required to remove and/or reinstall original or replacement Product(s) or parts, shipping costs to return nonconforming Products(s) or any damage that may occur during the return of any Product(s) to GIVI. The issuance of future purchase credit or the repair or replacement of a Product or component part within a Product is the sole and exclusive remedy for the failure of a Product to comply with the terms of this Warranty and does not extend the Warranty Period. Warranty claims regarding Products must be submitted in writing at http://giviusa.com/contact-us within thirty (30) days of discovery of the defect or failure. Products or component parts may be required to be returned for inspection and verification of non-conformance by GIVI, but no Products or component parts will be accepted for inspection, verification or return unless accompanied by a valid return materials authorization number, which can be obtained only from an authorized GIVI customer service representative. GIVI is not responsible for any costs and expenses incurred in connection with the shipment of Products to GIVI, but GIVI shall bear all cost and expense incurred in connection with the shipment of replacement Products to the end user.
IMPLIED WARRANTIES: GIVI HEREBY LIMITS THE DURATION OF AND REMEDIES AVAILABLE FOR ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO OTHER WARRANTIES: THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND GIVI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCTS, WHETHER ORAL OR, WRITTEN. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GIVI OR ANY EMPLOYEE, AGENT, DEALER OR OTHER SUPPLIER OF GIVI PRODUCTS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY. NO EMPLOYEE, AGENT, DEALER OR OTHER SUPPLIER OF GIVI PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM GIVI.
LIMITATION OF LIABILITY: IN NO EVENT SHALL GIVI’S TOTAL LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR PERSONAL INJURY, PAIN AND SUFFERING OR EMOTIONAL DISTRESS) IN RESPECT OF ANY AND ALL CLAIMS OF ANY KIND, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM, GIVI’S PERFORMANCE OR BREACH OF THIS WARRANTY, OR FROM GIVI’S SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR FROM ANY PERSON’S USE THEREOF, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GAVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL GIVI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED EQUIPMENT, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST ANY DEALER OF THE PRODUCT(S) OR THE END-USER PURCHASER OF THE PRODUCT(S), ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO USE, OR THE REPAIR OR REPLACEMENT OF ANY PRODUCT(S).
Right to Modify or Discontinue Warranty: This Warranty is effective for any purchase of Products on or after the effective date set forth herein and is in consideration of and is expressly subject to and conditioned upon the terms set forth herein. GIVI reserves the right to modify or discontinue this Warranty without notice, provided that any such modification or discontinuance will be effective only with respect to any Products purchased after such modification or discontinuance.
Effective August 25th, 2020