PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A BINDING ARBITRATION CLAUSE.
NOTE: These Terms and Conditions of Sale apply to direct purchases made from Viral Bikes (“VB”).
These terms and conditions ("Agreement") apply to your purchase of products ("Product") sold by VB, including its affiliates or subsidiaries. By placing your order for Product, you accept and are bound to the terms and conditions of this Agreement.
1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and VB.
2. Pricing; Payment Terms; Orders; Quotes; Interest. VB may change its pricing at any time without prior notice to you, but such changes shall not affect any accepted orders. All product prices are exclusive of taxes and all handling or other charges, including (without limitation), brokerage fees, tariffs, taxes, and transportation charges. Terms of payment are within VB's sole discretion, and unless otherwise agreed to by VB, payment must be received by VB prior to VB's acceptance of an order. Your order is subject to cancellation by VB, in VB's sole discretion.
3. Shipping Charges; Taxes; Title; Risk of Loss. Unless otherwise agreed by the parties, you will be responsible for all costs of shipping. All claims for shortage of products ordered, for damaged products or for incorrect charges must be presented to VB within ten (10) calendar days after receipt by you. You are responsible for all applicable sales and other taxes, tariffs, costs and similar payments associated with the order. Shipping and delivery dates are estimates only. Title and risk of loss pass to you upon delivery by VB to the shipping service used to ship products and VB shall not be responsible in any way for damage, loss, or other problems with the products caused by the shipper. VB, will, in good faith, work with you and the shipping company to facilitate shipping claims and replace/repair any affected product at it’s sole discretion.
4. Warranties. VB provides each owner of a VB bicycle or frameset a limited warranty against defect in materials and workmanship asfollows:
A. Frames for the lifetime of the frame (subject to exclusions under the 1 and 5 Year periods below).
B. Forks produced by VB for 5 years.
C. Forks produced by another producer for the term provided by such producer to VB.
D. Suspension attachment points, suspension related equipment produced by VB (including pivot points, bushings, shock units, frontsuspension forks, chain stays and seat stays, shock links, fasteners) for one (1) year from the date of the original purchase.
E. Paint/finish for one (1) year from the date of the original purchase.
F. All VB branded components such as stems, handlebars, seatposts, saddles, or any other VB branded part attached to a VB bicycle for one (1) year from the original date of purchase.
This Limited Warranty is conditioned upon the bicycle being operated under normal conditions and use, and properly maintained and registered with VB. VB recommends that you register your bicycle with VB immediately.
To exercise the rights under this Limited Warranty, the bicycle or frameset must be presented to VB at its office, together with a writtenproof of purchase which identifies the bicycle or frameset by serial number.
Should the bicycle, frameset, or any part be determined by VB to be covered by this Limited Warranty, it will be repaired or replaced, atVB’s sole option. If your bicycle or frameset is a limited edition bicycle or frameset, be aware that an exact warranty replacement may notbe possible.
The original owner shall pay all labor charges connected with the repair or replacement of all parts. Under no circumstances does thisLimited Warranty include the cost of travel or shipment to and from VB’s office. Such costs, if any, shall be borne by the original owner.
Every VB bicycle and frameset has a useful product life cycle. Nonstandard use, including without limitation, use in competitive events,jumping, aggressive riding, riding with heavy loads, can dramatically shorten the useful product life cycle of a VB bicycle or frameset. Inaddition, exposure of the product to humid, warm, ocean conditions and/or exposure to salinity (whether from salt water, sweat, salinityin the air) is likely to cause corrosion of the product and will shorten the product life cycle. You are advised to clean your productregularly to avoid such corrosion.
ALL VB BICYCLES AND FRAMESETS SHOULD BE PERIODICALLY CHECKED BY AN AUTHORIZED VB DEALER OR OTHER AUTHORIZED BIKE DEALER for indicators of stress, potential problems, inappropriate use, or abuse.
This Limited Warranty is transferable and does not apply to:
Normal wear and tear. Wear and tear parts including, but not limited to chainrings, chains, cogs, suspension pivots, brake rotors, and brake pads are subject to damage as a result of normal use, failure to service according to VB’s recommendationsand/or riding or installation in conditions or applications other than recommended.
Corrosion.
Damage or failure due to accident, collision, crash, misuse, abuse, or neglect.
Improper assembly or installation.
Improper alteration or installation of components, parts or accessories not originally intended for or compatible with theVB bicycle as sold.
Failure to perform maintenance or service at appropriate intervals per manufacturer manual and instructions andsupported by records of such maintenance.
Non-genuine VB products including without limitation counterfeit products.
THIS IS A FULL AND COMPLETE STATEMENT OF VB’S LIMITED WARRANTY. VB DOES NOT AUTHORIZE OR ALLOWANYONE, INCLUDING ITS AUTHORIZED DEALERS, TO EXTEND ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, FOR VB. NO OTHER REPRESENTATION, AND NO STATEMENT OF ANYONE BUT VB, INCLUDING A DEMONSTRATION OF ANYKIND BY ANYONE, SHALL CREATE ANY WARRANTY REGARDING THIS BICYCLE OR FRAMESET. ALL OF THE REMEDIESAVAILABLE TO THE OWNER ARE STATED IN THIS DOCUMENT. IT IS AGREED THAT VB’S LIABILITY UNDER THIS LIMITEDWARRANTY SHALL BE NO GREATER THAN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE AND IN NO EVENTSHALL VB BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Some states do not allow limitation on how long an implied warranty lasts, so the above limitation may not apply to you. Some statesdo not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply toyou. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If any provision isfound unenforceable, only that provision shall be stricken and all others shall apply.
For questions concerning warranty issues, customers can call VB Customer Service at (818) 209-3090.
5. Return Policy. We offer a no questions asked 30-day trial period on all products. If you receive a defective Product or are otherwise unhappy with your purchase, we will be happy to send a replacement Product or give a full refund, minus a 3% restocking fee. Returns for defective and non-defective products must be arranged within 30 days of receiving the product. If you are not satisfied for any reason please call our customer service line at (818) 209-3090 to set up a return. Upon receiving a Return Authorization number, put your Product back in the box and ship it back. Upon receipt at our warehouse we will refund the purchase price (price of machine and tax) less to and from shipping charges and the 3% restocking fee. If you receive a defective Product you will receive a replacement machine or a full refund.
All products must be returned in good condition, normal wear and tear excepted, and with all paperwork, parts and accessories or VB may deny the return. You can expect a refund in the same form of payment originally used for purchase within 30 days of our receiving your returned product.
6. Limitation of Liability. VB DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, VB WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, VB IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
7. Compliance With Laws; You agree to comply with all applicable rules, laws and regulations of the location or jurisdiction to which the Product is shipped and in which the Product is used. You shall obtain all licenses, permits and approvals required by any government and shall comply with all applicable laws, rules, policies and procedures of the applicable government and other competent authorities. You shall indemnify and hold VB harmless for any violation or alleged violation of such laws, rules, policies, or procedures. You shall not export or re-export, directly or indirectly, separately or as part of any system, the Products or any technical data received from VB, without first obtaining any license required by the applicable government and/or any other applicable competent authority. You also certify that none of the products or technical data supplied by VB will be sold or otherwise transferred to, or made available for use by or for, any entity that is engaged in the design, development, production, or use of nuclear, biological, or chemical weapons or missile technology.
8. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND VB arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, VB's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, USA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT MAY CAUSE THE LAW OF ANOTHER JURISDICTION TO APPLY. The parties specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
9. Dispute Resolution and Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND VB, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "VB") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), VB's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) or JAMS. Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the dispute or controversy between customer and VB. In any dispute, NEITHER CUSTOMER NOR VB SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties' dispute resolution agreement, and if found unenforceable, the entire arbitration and dispute resolution provision shall not be enforced. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. VB will be responsible for paying any individual consumer's arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. For information on AAA or JAMS, contact the following: American Arbitration Association, 335 Madison Avenue, 10th Floor, New York, NY 10017, www.adr.org; JAMS, 45 Broadway, New York, NY 10005, (800) 352-5267, www.jamsadr.com.