CUSTOMER ACKNOWLEDGES THAT BY ACCEPTING AND
USING THE WHEELEEZ® PRODUCT, CUSTOMER IS ACCEPTING ALL OF THE TERMS AND
CONDITIONS OF THIS LIMITED WARRANTY AND ITS WAIVERS. CUSTOMER SHOULD
IMMEDIATELY RETURN THE PRODUCT IF THESE TERMS ARE NOT ACCEPTABLE.
Primex Marketing
Inc..
("COMPANY") warrants to the
original purchaser ("Customer") of its WHEELEEZ® products
(i.e. the WHEELEEZ® tire, rim assembly, and frame) that such products
shall be free of defects in material and workmanship for the lesser of
(i) ninety (90) days from the date of purchase in cases where the
Customer leases or rents the WHEELEEZ® product to third parties; or
(ii) twelve (12) months from the date of purchase by the Customer in
the case of other sales (the "Warranty Period"). With
respect to any defect in materials or workmanship occurring within the
Warranty Period, notice thereof from the Customer must be received in
writing by COMPANY at its principal place of business not later than
30 days after expiration of the Warranty Period ("Covered
Defect") or the LIMITED WARRANTY will expire and be void. This
limited warranty shall not extend to or apply to any industrial use of
COMPANY'S product which would require metal bearings for the WHEELEEZ®
wheel, such as in construction applications. In such applications,
Customer shall look solely to the separate warranty provided by the
bearing manufacturer. Should any court extend the protections of this
warranty to such Customer, then the limitations herein stated as to
the remedies, duration and extent of the warranty shall apply.
Upon receiving timely
written notice of a Covered Defect, and in full satisfaction of its
obligations under this LIMITED WARRANTY, COMPANY shall have the option
of repairing or replacing any part or the whole of its product to cure
the Covered Defect and fully satisfy its obligations hereunder. At its
option, COMPANY may either (i) repair or replace the Covered Defect at
the Customer's facility, in which event Customer shall cooperate fully
with COMPANY, or (ii) COMPANY may require that the Customer ship the
part or product affected by the Covered Defect to COMPANY or its
designated repair facility for repair. All notices by Customer
respecting any Covered Defect shall be through the contact for
BeachcartsUSA noted below.
All warranty replacements
require prior factory approval and must be shipped to COMPANY freight
pre-paid. All warranty parts or products are returned to the Customer
with shipping charges COD unless otherwise agreed to in writing.
If a product or part is
replaced or repaired, the Warranty Period for such product or part
shall be the later of (i) sixty (60) days after the date of repair or
replacement of such defective part or product, or (ii) the remaining
length of the original twelve (12) month Warranty Period for such
product or part.
Any sales representations
or demonstrations shown to the Customer were for purposes or
illustration only and do not alter this Limited Warranty or imply any
uses for the Company's product other than those for which it was
designed. Customer agrees as a condition of its purchase of the
COMPANY'S products to review the limitations listed in the wheel/tire
warranty information.
This product is not
designed and should not be (i) used for horizontal movement along an
incline where one side of the product is elevated above the other,
(ii) moved at speeds in excess of ten (10) miles per hour. Exceeding
tire pressure and/or maximum payload limitations voids any Warranty.
This product is NOT legal for "ON-ROAD" use and is NOT
intended to be used as a FLOTATION DEVICE or TOY.
Any use of this product in
a manner other than that for which it was designed shall terminate any
warranties hereunder. Furthermore, Seller will have no warranty
obligations under this LIMITED WARRANTY if the products or goods
furnished by COMPANY to Customer are subjected to abuse, misuse,
negligence, accident or any modification not approved by Seller (any
modification approved by COMPANY must be carried out in accordance
with COMPANY's instructions, be approved in writing by COMPANY, and
must be completed consistent with good engineering practices).
THE WARRANTIES AND
REMEDIES PRINTED ABOVE ARE THE SOLE WARRANTIES AND REMEDIES AVAILABLE
FOR ANY MALFUNCTION OR DEFECT IN THE COMPANY'S PRODUCTS, REGARDLESS OF
THE FORM OF DAMAGES CLAIMED. CUSTOMER AND ALL OTHER PARTIES WHO
ACQUIRE AN INTEREST OR USE COMPANY'S PRODUCTS HEREBY WAIVE AND RELEASE
COMPANY FROM ANY OTHER WARRANTY OBLIGATIONS WHATSOEVER. EXCEPT TO THE
EXTENT OF THE LIMITED WARRANTIES AND REMEDIES SPECIFIED HEREIN,
COMPANY DISCLAIMS ANY AND ALL OTHER IMPLIED OR EXPRESS WARRANTIES OR
REMEDIES, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES OF FITNESS,
MERCHANTABILITY OR USE.
REGARDLESS OF ANY OTHER
PROVISION HEREIN, (i) COMPANY'S LIABILITY FOR DAMAGES DUE TO DEFECTS
IN PRODUCTS OR SERVICES SHALL NOT EXCEED THE COST OF THE PRODUCT,
PART, OR SERVICE PAID FOR BY THE CUSTOMER, AND (ii) NEITHER COMPANY
NOR ITS AGENTS, REPRESENTATIVES OR SUCCESSORS IN INTEREST SHALL BE
LIABLE FOR ANY CLAIMS FOR SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY A
MALFUNCTION OR DEFECT IN ITS PRODUCTS, WHETHER FOR LOSS OF USE, LOST
REVENUE, LOST PROFIT, OR ANY OTHER FORM OF CONSEQUENTIAL OR SPECIAL
DAMAGES.
THESE LIMITATIONS ON
LIABILITY SHALL APPLY REGARDLESS OF THE CUSTOMER'S PARTICULAR USE OR
APPLICATION OF THE COMPANY PRODUCT OR PART, AND REGARDLESS OF WHETHER
OR NOT COMPANY KNEW OF SUCH PARTICULAR USE OR APPLICATION. NO AGENT,
STAFF OR EMPLOYEE IS AUTHORIZED TO EXTEND ANY WARRANTIES OR ASSURANCES
TO A CUSTOMER CONTRARY TO THESE PROVISIONS UNLESS THEY ARE IN WRITING
AND SIGNED BY AN OFFICER OF COMPANY.
ANY CHANGE IN THE TERMS OF
THIS LIMITED WARRANTY AND LIMITATION ON LIABILITIES MUST BE IN WRITING
AND SIGNED BY COMPANY.
This Warranty gives you
specific legal rights while also limiting those rights and your
remedies. You may also have other rights under applicable law and
certain jurisdictions may preclude limitations on the length of a
warranty or on the recovery of incidental or consequential damages. If
any portion of this warranty and/or its limitations is deemed to be
unenforceable, then the remaining portion shall be enforced.
Should Customer wish to
enhance the warranties provided by COMPANY, it may do so by contacting
COMPANY and negotiating for enhancements to the limited warranty
herein granted based on price. However, no such enhancements shall be
valid unless evidenced by a specific agreement to such effect, duly
executed by an officer of, and after full payment for the additional
costs of such an enhanced warranty.
The above
"Manufacturer's Limited Warranty" is the only warranty offered
on Wheeleez products.
warrantyinfo@beachcartsusa.com
