Juiced Powersports Manufacturer's Limited Warranty

MANUFACTURER’S LIMITED WARRANTY

Subject to the terms and conditions of this Limited Warranty (this “Warranty”), Juiced Powersports (“Juiced PS”) warrants to each owner (then-current and previous) (“Owner” or “you”) of the Juiced PS bike (the “Bike”), the Original Battery and, if any, each Additional Battery located in the Continental United States or Canada and covered by this Warranty that each of the Covered Parts of the Bike (as defined in Section 1 of this Warranty), the Original Battery and each Additional Battery originating from Juiced PS will be free from defects in workmanship and materials for the period (the “Warranty Period”) (a), in the case the Covered Parts, commencing on the original delivery date of the Bike to the first Owner thereof as shown in the records of Juiced PS (the “Bike Delivery Date”) and ending on the day preceding the sixth (6^th) month anniversary of the Bike Delivery Date and (b), in the case of the Original Battery and each Additional Battery, commencing on the original delivery date of the Original Battery or such Additional Battery as the case may be to the first Owner thereof as shown in the records of Juiced PS (each a “Battery Delivery Date”) and ending on the day preceding the sixth (6^th) month anniversary of the relevant Battery Delivery Date.  For purposes of this Warranty, (i) the “Continental United States” means the forty-eight (48) contiguous states of the United States of America, plus the District of Columbia; (ii) the “Original Battery” means the battery originally supplied by Juiced PS for or with the Bike; and (iii) “Additional Battery” means a battery other than the Original Battery (i.e., usually an extra battery or a replacement battery for the Original Battery) supplied by Juiced PS, but when such replacement is supplied in response to a claim under this Warranty regarding the Original Battery, such replacement is not an Additional Battery.

1.  The Covered Parts:  The Covered Parts consist of the frame, swingarm, motor, controller, rear shock, suspension and battery.

2.  The Exclusions:  Each of the following are excluded from coverage under this Warranty (collectively, the “Exclusions”):

• Bike accessories (other than an Additional Battery), whether sold on the website(s) of Juiced PS or elsewhere;
• Each Bike part that is not one of the Covered Parts or an Additional Battery, including without limitation wear parts such as, but not limited to, the chain or belt, tires, wheels, spokes, tubes, brake rotors, brake pads, brake cables, brake housings, grips and other wear items.
• Customary wear and tear;
• Injuries and damage caused by or resulting from in whole or part any or all of the following with respect to any or all of the Bike, the Original Battery and the Additional Battery: (a) failing to follow instructions or warnings in the written materials or labels accompanying the Bike or such battery, (b) improper assembly or maintenance, (c) modification(s) or alteration(s) not expressly authorized by Juiced PS, (d) installation, repair or use of parts or accessories not intended by Juiced PS or incompatible with the Bike, such battery or each other, (e) user error, (f) misuse, (g) abuse, (h) neglect (including without limitation improper storage or failure to properly maintain), (i) inappropriate use (such as, but not limited to, extreme or stunt riding), (j) water or water vapor damage (including without limitation that causing rust), (k) acts of God (such as, but not limited to, fire, floods, tornados, hurricanes or earthquakes), (l) severe conditions (including without limitation exposure to excessive wet, hot or cold environments), (m) theft, (n) accidents, (o) power surges and (p) overcharging or use of chargers other than that or those approved by Juiced PS; and
• Compensation for time and efforts (whether by Owner or anyone acting on behalf of Owner) associated with (a) making claims under this Warranty or asserting breach of warranty, (b) loss of use of the Bike, the Original Battery, the Additional Battery or any part(s) or accessories thereof or therefor or (c) labor related to disassembly of each allegedly defective portion or installation of its replacement.

3.  The Exclusive Remedy:  For the Bike, the Original Battery, the Additional Battery or the part(s) thereof or therefor treated by Juiced PS under this Warranty as defective within the Warranty Period (regardless whether it or they are in fact defective), Juiced PS will, at its option, repair or replace the Bike, such battery or part(s) at no expense to you, provided that, if so requested by furnishing you with a shipping label from Juiced PS or otherwise, you, using such label, will arrange for shipping or delivery of the Bike, such battery or such part(s) to Juiced PS or its designee for inspection and repair or replacement in timely fashion.  As determined by Juiced PS, each such replacement or each such replacement used in such repair will be of (a) the same, (b) substantially equal or (c) greater in value and quality than what was used originally.  Each such repair and replacement (i) is covered by this Warranty for the remainder of the Warranty Period and (ii) does not extend such period.  The remedy described in this Section 3 of this Warranty is the sole and exclusive remedy for claims under this Warranty (the “Exclusive Remedy”).

4.  LIMITATIONS:  THIS WARRANTY, PLUS AN IMPLIED WARRANTY OF MERCHANTABILITY, IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, EACH IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.  EACH WARRANTY, IF ANY, THAT IS FOUND TO ARISE BY WAY OF FEDERAL, STATE, PROVINCIAL OR TERRITORIAL LAW IS LIMITED TO AND DOES NOT EXTEND BEYOND EITHER AND BOTH OF THE SCOPE OF THIS WARRANTY AND THE WARRANTY PERIOD.  EACH CLAIM UNDER THIS WARRANTY MUST BE BROUGHT DURING THE WARRANTY PERIOD, AND EACH ACTION FOR BREACH OF WARRANTY MUST BE BROUGHT NO LATER THAN THIRTY (30) DAYS AFTER THE WARRANTY PERIOD (the latter period together with the Warranty Period is the “Claims Period”).  IN NO CASE WILL JUICED PS BE LIABLE FOR ANY OR ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES OF ANY KIND FOR BREACH OF THIS WARRANTY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER TO OWNER OR ANYONE ELSE.  THE EXCLUSION OF INCIDENTIAL AND CONSEQUENTIAL DAMAGES WILL BE INDEPENDENT OF ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY.  No agent, representative or employee of Juiced PS or anyone else has the authority to increase or alter the obligations of this Warranty.

Some states do not allow limitations on how long an implied warranty lasts, so the limitations described above may not apply to you.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.  This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

5.  Warranty Claims:  All claims under this Warranty must be made in writing or electronically (a) by the then-current Owner and (b) within the Warranty Period.  To start such a claim, please contact Juiced PS online support at contact@juicedpowersports.com.  You may be required (i) to provide evidence of ownership or purchase (such as, but not necessarily limited to, when the then-current Owner is not the original purchaser) and (ii), to assist with accurately diagnosing the apparent problem, send photographic evidence and additional documentation (such as, but not limited to, video).  You also may be required to ship at the expense of Juiced PS each product or part in question to Juiced PS or its designee for inspection and repair or replacement.  The failure to provide such evidence, documentation and product or part in timely fashion may result in delayed response(s) from Juiced PS or denial of the warranty claim.  For purposes of this Warranty, a warranty claim is “made” the when Juiced PS has (A) received written or electronic notice of such claim as described in this Warranty, (B) received (as determined by Juiced PS) reasonably sufficient information and materials (including without limitation if so requested, such product(s) or part(s)) to evaluate such claim and (C) expressly acknowledges the receipt of such notice and such information and materials in writing or electronically.  Each shipment to Juiced PS or its designee not authorized by Juiced PS in advance may be refused or ignored.

Once a warranty claim has been (1) made, (2) entered in the system of Juiced PS and (3) approved by Juiced PS, the company, as soon as it determines that it is feasible to do so, will ship the relevant repaired product or replacement part(s) at the cost of Juiced PS to the address provided by the then-current Owner in the Continental United States or Canada.  Approval of a warranty claim [a] may be based on preserving customer goodwill or other factors and [b] does not constitute an admission on the part of Juiced PS.

6.  Additional Information:  Please note:

• Do not send personal items or products other than those sold by Juiced PS that you wish to retain, such as things used for packing or protection.  (Such items or products will not be returned.)
• Juiced PS will cover shipping charges associated with either (a) sending you each product or part that Juiced PS repairs or replaces and (b) returning to you each Juiced PS product or part you submit using the shipping label provided by Juiced PS if Juiced PS determines that such product or part is not covered by this Warranty (unless you tell Juiced PS not to return such product or part to you).
• When a Juiced PS item sent to Juiced PS for inspection and repair or replacement is replaced by Juiced PS, such item sent cannot be returned to you.
• From time to time, supply chain delays or other issues may affect the provision of repairs or replacement parts.
• Your insurance policy or policies may not provide coverage for theft or accidents and are solely a matter between you and each relevant insurance company or agent.

7.  Enforcement:  This Warranty, as well as any and all claims or causes of action arising out of or relating to this Warranty (regardless whether in contract or tort or by statute), shall be governed by and interpreted under the substantive and procedural laws of the State of Arizona without regard to that state’s conflicts of laws provisions, except that, to the extent otherwise applicable, the United Nations Convention for the International Sale of Goods does not apply.  The claims process described in Section 5 of this Warranty must be completed and a decision received from Juiced PS regarding approval of each claim prior to initiating any action to seek legal or equitable remedies for breach of warranty.  Any action for breach of warranty must be commenced no later than the end of the Claims Period.  Some states do not permit reduction of the statute of limitations, so such limitation on commencement may not apply to you.  Legal disputes relating to any or all of this Warranty, breach of warranty and representations by Juiced PS of any kind will be: (a), if the Owner is located in the United States of America, litigated at the trial level as a bench trial in federal or state court in Phoenix, Arizona, as each of the Owner and Juiced PS hereby waives trial by jury and (b), if Owner is located in Canada, finally settled by arbitration in Phoenix, Arizona under commercially reasonable rules designated by Juiced PS and available upon request at contact@juicedpowersports.com.  Owner: (i) hereby submits to personal and subject matter jurisdiction in such courts or such arbitration, (ii) agrees not to contest venue and (iii) agrees that, in the event that litigation or arbitration of such dispute does not commence during the Claims Period, the claims of Owner against Juiced PS in such dispute shall be barred.  The right of Owner (then-current or previous) to participate as a class member in any class action lawsuit brought against Juiced PS regarding any alleged defect or performance failure regarding any or all of each Juiced PS Bike, Additional Battery, other accessory and part of any or all thereof is expressly waived.  Any authorization or performance of repairs, attempt to resolve a compliant or filing of a claim under this Warranty will not (A) constitute a waiver of the rights of Juiced PS or (B) extend the Warranty Period or (C) when Owner must commence an action to enforce any breach of warranty or other claim, unless prohibited by state law.  Except to the extent expressly prohibited by applicable law, the interpretation of this Warranty by Juiced PS will control.

8.  Acceptance of Terms:  By performance or the acceptance of performance under this Warranty, Owner accepts and agrees to the terms and conditions of this Warranty.

9.  Modification:  If, in the view of Juiced PS, applicable law contains or may contain any requirement(s) or other provision(s) that is or are contrary to, in conflict with or missing from any provision(s) or part(s) thereof in this Warranty (collectively, the “Identified Provisions”), Juiced PS, at any time, may elect by notice from Juiced PS to Owner (effective upon receipt thereof or as otherwise designated by Juiced PS) that such requirement(s) or provision(s) be deleted from, substituted for or added to the Identified Provisions to the minimum extent necessary in the opinion of Juiced PS to address the issue(s).  To the extent deemed appropriate by Juiced PS, this Warranty will be considered one of the Dealer Policies as defined in the Authorized Powersports Dealer Agreement between Dealer (as defined therein) and Juiced PS.

10.  Questions:  Please contact Juiced PS Customer Service at contact@juicedpowersports.com.

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