CONSUMER GUARANTEES UNDER AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Evil limited warranty
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT HTTPS://AU.EVIL-BIKES.COM/PAGES/WARRANTY-POLICY OR IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS SPECIFIED BELOW WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME JURISDICTIONS AND STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
1. WHO MAY USE THIS WARRANTY?
Evil Bikes LLC located at address 700 Harris Avenue, Bellingham, WA 98225 USA ("we" or “us” or “Evil”) extend this limited warranty only to the consumer who originally purchased the product directly from us or from our authorized dealer ("you"). It does not extend beyond the original purchaser's period of ownership, nor does it extend to any subsequent owner or other transferee of the product.
2. WHAT DOES THIS WARRANTY COVER?
This limited warranty covers defects in materials and workmanship of the Evil products specified below (the "product") for the Warranty Period as defined below.
3. WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover any damage due to: (a) transportation; (b) improper assembly, storage or use; (c) failure to follow the product instructions or to perform any preventive maintenance; (d) modifications to the product not approved by us; (e) unauthorized repair; (f) normal wear and tear; or (g) external causes such as accidents, crashes, neglect, abuse, or other actions or events beyond our reasonable control; (h) with respect to frame paint, the use or application of adhesives or decals not supplied by us, or the use of chemicals not intended for cleaning painted surfaces.
This limited warranty also does not cover third party components on any Evil bicycle. Third party components may be covered by their respective manufacturer’s warranty. For warranty information and service for third party components, please contact their respective manufacturer. Should the manufacturer require that you process such warranty claim through the business from whom you purchased the third party component, please contact either our authorized dealer or Evil customer service, and our authorized dealer or we will be able to provide assistance and facilitation of such warranty claim.
4. WHAT IS THE PERIOD OF COVERAGE?
This limited warranty starts on the date of your purchase and lasts for
- Evil bike frames released from December 2019 (starting with Chamois Hagar), for the lifetime of the bike frame;
- Evil bike frames released prior to December 2019, for 3 years;
- Evil bike frame paint, for 2 years; and
- Evil bike frame bearings, for 1 year.
(the "Warranty Period").
Except in relation to the lifetime warranty period on Evil bike frames, the Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
5. WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any product which we determine is defective and for which we have received a claim during the Warranty Period, we will, in our sole discretion, either: (a) repair such product (or the defective part) free of charge, or (b) replace such product (or the defective part) free of charge. We reserve the right to provide replacement product or parts thereof with a different color, or which is at least equivalent function, or a subsequent model. Any defective product which is replaced under this warranty becomes the property of Evil. If we cannot determine if the product is defective without the product being returned to us, you are responsible for the cost of shipping and handling to return the defective product to us. If when the damaged product is returned to us, we then determine that the product is defective, we will pay for the shipping to return the repaired or replaced product to you. If we can determine that the product is defective prior to the product being returned to us, we will pay for shipping and handling fees to return the damaged product to us and to return the repaired or replacement product to you.
6. CRASH REPLACEMENT FOR BIKE FRAMES
In the event that a damaged bike frame is determined by us to not be the result of a manufacturing defect, we will make replacement product available to you at a reduced price, subject to product availability and to Evil’s sole discretion. Your replacement product will be the same or similar subsequent frame model. You are responsible for the cost of shipping and handling to return the damaged product to us and to ship the replacement product to you. Any damaged product which is replaced under this crash replacement provision becomes the property of Evil.
7. HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service, please contact an authorized Evil dealer, or contact Evil Customer Services at 1-877-696-3845 or firstname.lastname@example.org during the Warranty Period to obtain a Return Authorization ("RA") number. No warranty service will be provided without a RA number and proof of purchase.
8. LIMITATION OF LIABILITY
THE WARRANTIES AND REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY, EXCEPT TO THE EXTENT TO WHICH YOU MAY BE ENTITLED UNDER THE AUSTRALIAN CONSUMER LAW AND ARE NOT INTENDED TO EXCLUDE, RESTRICT OR MODIFY ANY SUCH RIGHTS OR REMEDIES. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, EXCEPT AS YOU MAY BE ENTITLED UNDER THE AUSTRALIAN CONSUMER LAW.
SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.