Congratulations on the purchase of your new Turbospoke®. Your Turbospoke® product is subject to the terms of this Limited Warranty. If any component of your Turbospoke® product is found to be defective in relation to materials or workmanship within the terms of this Limited Warranty, any defective component will be replaced free of charge within thirty (30) days of receipt of the component by Tomax Limited ("Tomax") subject to the terms of the Limited Warranty.
1. NOT COVERED: This Limited Warranty does not cover, to the fullest extent permitted by applicable law, damage resulting from fitment of the product to locations or in any manner other than that shown in the fitting instructions enclosed, normal wear and tear, accidents not caused exclusively by defective materials or workmanship, alteration, neglect, misuse or abuse, contamination, lack of reasonable or proper maintenance, corrosion, improper assembly, repairs or changes made that would affect the approved fitting and operation of the product, extreme terrain such as in a race, in a BMX trial or on stairs, the application of modifications or components not manufactured by Turbospoke®. This is NOT an all-terrain product.
2. PURCHASER: THIS WARRANTY IS MADE WITH THE ORIGINAL PURCHASER ONLY. THE RIGHTS OF THIS LIMITED WARRANTY MAY NOT BE ASSIGNED NOR APPLIED TO THIRD PARTIES.
3. TERM: This Limited Warranty shall apply only in those instances where the defect in materials or workmanship appears within 90 days from the date of purchase. The warranty shall not be extended for any items replaced under this Limited Warranty.
4. DAMAGES: TOMAX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILTY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES. TOMAX'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO THE REPLACEMENT OF DEFECTIVE MATERIAL AS STATED HEREIN. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITED WARRANTY WILL CONTINUE IN EFFECT AS DELIMITED.
5. DISCLAIMER: Any implied warranty of merchantability or fitness for purpose and all implied warranties arising from the course of dealing, usage of trade, by statute or otherwise are hereby strictly limited to the terms of this written warranty. This agreement shall be the sole and exclusive remedy available to the Purchaser. THE PURCHASER'S SOLE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE MATERIAL AS STATED HEREIN. No dealer, agent or distributor of Tomax is authorised to change or extend this warranty.
6. SPECIFICATION: Tomax reserves the right to discontinue, change or modify the specification of any component at any time without notice. Tomax may replace defective parts with similar parts or parts of a similar quality in the event that identical parts are unavailable.
7. RETURNS PROCEDURE: In the event of a defect covered under this warranty, the Purchaser must obtain an advance authorisation from Tomax by emailing firstname.lastname@example.org
The Purchaser must obtain this authorisation before returning any defective item. The issue of an authorisation number by Tomax does not constitute acceptance of a claim, which will be evaluated by Tomax on inspection. When accepted for inspection the product should be packaged to prevent damage during transit and must be accompanied by a letter confirming the following information: dated original receipt showing place of purchase, a copy of this warranty, a detailed description of the alleged defect and the efforts made to rectify any problem, estimated usage of the product, Purchaser's name, address and authorisation to return the replacement component to you by freight collect.
8. OTHER RIGHTS: This warranty gives you specific legal rights and does not affect your statutory rights as may exist in other jurisdictions.
9. APPLICABLE LAW: Any Disputes arising out of this agreement or the use of the product will be governed by the Laws of Ireland and its courts.
10. TRANSLATION: This Statement of Limited Warranty shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of this Limited Warranty deviate from the English language version, only the English language version shall apply and be binding