THE USE OF E-BEACH WAGON, LLC (HEREINAFTER “E-BW”) PRODUCTS CAN BE DANGEROUS AND MAY RESULT IN SERIOUS INJURY OR DEATH. EXTREME CARE SHOULD BE EXERCISED WHEN OPERATING E-BW PRODUCTS AND EACH E-BW PRODUCT SHOULD ONLY BE USED AS SET FORTH IN THE PRODUCT MANUAL. EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND E-BW, PRODUCTS PROVIDED BY E-BW ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF E-BW PRODUCTS SHALL BE AT YOUR OWN SOLE DISCRETION AND RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, E-BW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF USE OF E-BW PRODUCTS, AS WELL AS WARRANTIES IMPLIED FROM ANY ALLEGED COURSE OF DEALING OR COURSE OF PERFORMANCE. E-BW ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD-PARTY MAY INCUR AS A RESULT OF THE USE OF E-BW PRODUCTS. E-BW DOES NOT WARRANT THAT THE PRODUCTS IT OFFERS MEET YOUR REQUIREMENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, E-BW’S MAXIMUM AGGREGATE LIABILITY RELATING TO ITS PRODUCTS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID FOR THE PRODUCT DIRECTLY RELATED TO THE MATTER OR MATTERS WHICH HAVE GIVEN RISE TO LIABILITY. AND UNDER NO CIRCUMSTANCES WILL E-BW BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OF ANY KIND ARISING IN CONNECTION WITH THE USE, OR THE INABILITY TO USE, E-BW PRODUCTS, EVEN IF E-BW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
E-BEACH WAGON, LLC (hereinafter “E-BW”) limited warranty products are warranted to the original retail purchaser, when purchased directly from E-BW or an E-BW authorized reseller, to be complete and free from defects in materials and workmanship in the frame and components, except for tires and batteries, for a period of one (1) year from the date customer receives the product.
Batteries are warranted to the original purchaser to be free from defects in materials and workmanship for a period of (30) days from the date of receipt. The battery warranty does not include damage from power surges, use of improper charger, improper maintenance or other such misuse, or normal wear.
Warranties are limited to replacement of parts and/or products determined by E-BW, at its sole discretion, to be defective. The limited warranty does not cover or apply to the following: Normal wear and tear; any damage, failure and/or loss caused by accident, misuse, neglect, abuse and/or failure to follow instructions or warnings as stated on the product or in the applicable owner’s manual or other printed materials provided with the product; damage, failure and/or loss caused by water or use in any manner for which such products were not specifically designed. This warranty does not apply to any products or components, mechanical and/or electrical, which have in any way been altered from their original configuration by any person. E-BW will not be liable and/or responsible for any damage, failure or loss caused by any unauthorized service or use of unauthorized parts. The E-BW limited warranty does not cover or apply to any E-BW product used for rental or commercial purposes unless the specific product is designated, labeled or marketed by E-BW as acceptable for rental or commercial use. The E-BW limited warranty does not cover or apply to any E-BW product sold by a non-authorized reseller or retailer. The E-BW limited warranty does not cover or apply to any replacement, maintenance or accessory parts not sold directly by E-BW, or an E-BW authorized reseller, to the original retail purchaser.
Those parts and/or products which are determined by E-BW to be defective and to qualify for warranty replacement will be provided at no charge, only after a valid warranty claim is processed by E-BW. Warranty claims must be made by the original purchaser within the warranty period. Shipping & handling fees will apply to all orders placed for warranty parts and/or products and will be charged to the customer/warranty claimant at the time said parts and/or products are shipped from E-BW. E-BW, at its sole discretion, has the option of replacing with a new part, or factory re-certified part. The limited warranty stated herein is in lieu of and expressly excludes all other warranties not expressly set forth herein, whether expressed or implied by law or otherwise, including, but not limited to, any warranties for merchantability and/or fitness for any particular purpose. E-BW shall in no event be liable or responsible for incidental or consequential losses, damages or expenses in connection with E-BW products. The liability of E-BW hereunder is expressly limited to the replacement of goods complying with this warranty or at the sole discretion of E-BW to the repayment of an amount equivalent to the purchase price of the product in question.
For warranty claims, E-BW may, at its sole discretion, require the customer to deliver the product to E-BW or an E-BW authorized mechanic to perform the repair. The customer is responsible for all costs associated with the delivery of the product to E-BW or an E-BW authorized mechanic. E-BW’s maximum liability for repair costs under the limited warranty is one hundred and 00/100 dollars ($100.00).
All sales are final. E-BW does not offer returns except in rare cases and at E-BW’s sole discretion. In the event E-BW does authorize a return: