BY USING YOUR ZEITGEIST BICYCLE ("ZEITGEIST"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY (THE "LIMITED WARRANTY"). IF YOU DO NOT AGREE TO THE TERMS OF THE LIMITED WARRANTY, DO NOT USE YOUR ZEITGEIST.
THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY ACCORDING TO STATE, PROVINCE, COUNTRY, AND/OR JURISDICTION. OTHER THAN AS PERMITTED BY LAW, ZEITGEIST DOES NOT EXCLUDE, LIMIT, OR SUSPEND THE RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, COUNTRY, AND/OR JURISDICTION.
Zeitgeist, Inc., a Toronto, Ontario, Canada corporation ("Zeitgeist", "we", or "us"), solely warrants that your new and unused Zeitgeist contained in the original packaging will be free from defects in materials and workmanship for a period of ONE (1) YEAR from the original date of receipt of your Zeitgeist ("Warranty Period").
(a) Software; Parts and Components: The Limited Warranty does not apply to any software or any non-Zeitgeist branded parts or components, even if packaged or sold with your Zeitgeist. Manufacturers, suppliers, and publishers, other than Zeitgeist, may or may not provide their own warranties to you—please contact them for further information. The Limited Warranty expressly does not cover any software (including, inter alia, firmware) distributed by Zeitgeist with or without the Zeitgeist brand. Please refer to the End User License Agreement for details of your rights with respect to this software.
(b) Ineligible Failure: The Limited Warranty does not apply: (i) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (ii) to cosmetic damage, including but not limited to scratches, paint cracks, and dents; (iii) to damage caused by use with another product; (iv) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake, theft, misplacement, virus, malware, or other external causes; (v) to damage caused by reckless, willful, or intentional conduct or by operating your Zeitgeist outside Zeitgeist’s published guidelines (Zeitgeist’s published guidelines include but are not limited to information contained in technical specifications, user manuals (online and/or in print), and service communications); (vi) to damage caused by service performed by anyone who is not a representative of Zeitgeist, as reasonably determined by us; (vii) to a Zeitgeist that has been modified to alter functionality or capability without the written permission of Zeitgeist; (viii) to defects caused by normal wear and tear or otherwise due to the normal aging of your Zeitgeist, including but limited to tires, tubes, wheel trueness, brake pads, brake cables, gear cables, belts, and belt cogs; (ix) to damage caused by use for a commercial purpose; or (x) if any digital serial number, or other unique identifier, associated with your Zeitgeist has been modified or removed (collectively “Ineligible Failure”).
(c) Geographical Restrictions: Zeitgeist may restrict warranty service to the country or region to which Zeitgeist or our authorized distributors originally shipped the Zeitgeist.
(a) Obtaining Service: Please contact a Zeitgeist representative using the information provided below to initiate a claim under the Limited Warranty (a "Claim"). We must authorize your Claim before you can receive any warranty service under the Limited Warranty. We will only authorize a Claim if we determine, in our sole discretion, that a perceived defect is an actual defect (a Zeitgeist, or component or part thereof, that we deem actually defective is a "Defective Product"). Before authorizing a Claim we will do our best to remedy a perceived defect. After we have authorized your Claim, we will: (i) in our sole and absolute discretion decide how your Defective Product will be serviced under the Limited Warranty (the "Service"); and (ii) provide return shipping instructions. We will not, under any circumstance, provide the Service in connection with any Claim that has not been authorized by us and the Service is your sole and exclusive remedy for any breach of the Limited Warranty. While the Warranty Period will expressly not be extended for any reason whatsoever, including, without limitation, a breach thereof, Zeitgeist hereby warrants that any part or component that has been repaired or replaced under the Limited Warranty will be free from defects in materials and workmanship for a period of ninety (90) days from the date of receipt of the serviced Zeitgeist, component, or part. When a Zeitgeist, component, or part has been replaced or refunded, any replacement item becomes your property and the replaced or refunded item becomes Zeitgeist's property.
(b) Your Responsibilities: Prior to receiving the Service, Zeitgeist or our agents may require that you furnish proof of purchase, respond to questions designed to assist with diagnosing perceived defects, and follow Zeitgeist's procedures for obtaining the Service. Before submitting your Zeitgeist for warranty service you should make a separate backup copy of all information and data related to your Zeitgeist and your use thereof.
(c) Ineligible Failure: Zeitgeist will have no obligations with respect to a returned Zeitgeist, or component or part thereof, if we determine, to our reasonable satisfaction after examination of the returned Zeitgeist, that the problem is due to Ineligible Failure.
(d) Contact: For specific instructions about how to initiate a Claim, please contact Zeitgeist's customer service at firstname.lastname@example.org.
(e) Shipping: Zeitgeist will pay the cost of return shipping in connection with a Defective Product that is located in North America or Europe. You acknowledge and agree that you must prepay all return shipping charges in connection with a Defective Product that is not located in North America or Europe. You shall assume all risk of loss or damage to your Zeitgeist while in return transit.
(f) Non-Defective Product: In the event that you return your Zeitgeist, including, without limitation, a Zeitgeist located in North America, and Zeitgeist decides, at our sole discretion, that it is not defective (“Non-Defective Product”), you will be responsible for all shipping costs, as well as any other charges, costs, taxes, fees, and other amounts, incurred by Zeitgeist in connection with the Non-Defective Product. Moreover, you will be solely and entirely responsible for your Non-Defective Product at all times. Without limiting the foregoing, you hereby agree that Zeitgeist will not be held liable for any loss, damage, or theft that occurs while your Non-Defective Product is in our possession and/or in transit, including, without limitation, any damage attributable to Zeitgeist’s alleged negligence.
(g) After-Warranty Service: Following the Service, your Zeitgeist or a replacement Zeitgeist may be returned to you as your Zeitgeist was configured when originally purchased, subject to applicable updates. Recovery and reinstallation of any software, firmware, programs, data, and/or information are not covered under the Limited Warranty.
4. Dispute Resolution
(a) Informal Dispute Resolution: We would rather address concerns informally than pursue formal legal cases. Before filing a claim against Zeitgeist, arising out of or related to your Zeitgeist or the Limited Warranty, you agree to try to resolve any and all disputes informally by contacting email@example.com. We will endeavour to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Zeitgeist may bring a formal proceeding.
(b) Limitation: Should you desire to file any cause of action against Zeitgeist, arising out of or related to your Zeitgeist or the Limited Warranty, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
(c) No Class Actions: YOU AND ZEITGEIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall: (i) consolidate any other person’s claims with your claims; or (ii) otherwise preside over any form of a multi-party or class proceeding arising out of or relating to the Limited Warranty or a Zeitgeist.
(d) Governing Law: The Limited Warranty, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Limited Warranty or your use of your Zeitgeist shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Toronto, Ontario, Canada for the purpose of litigating all such claims, disputes, actions, causes of action, issues, or requests for relief.
(e) Arbitration: You and Zeitgeist agree to resolve any claims relating to the Limited Warranty or your Zeitgeist through final and binding arbitration. You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting the Limited Warranty and stating that you decline this arbitration agreement. The arbitration shall take place in Toronto, Ontario. The arbitration shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, you agree that no arbitrator has the authority to: (i) award relief in excess of what the Limited Warranty provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, TORONTO, ONTARIO, CANADA, OR IN ANY OTHER JURISDICTION CHOSEN BY ZEITGEIST, IN ITS SOLE AND ABSOLUTE DISCRETION.
5. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, THE LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. ZEITGEIST DISCLAIMS ALL STATUTORY AND/OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF COMPLETENESS, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND OF FREEDOM FROM HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES AND/OR CONDITIONS CANNOT BE DISCLAIMED, ZEITGEIST LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES AND/OR CONDITIONS TO THE WARRANTY PERIOD AND, AT ZEITGEIST'S OPTION, THE WARRANTY SERVICE DESCRIBED HEREIN. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
6. Limitation of Liability
Nothing in the Limited Warranty, and in particular within this limitation of liability provision, shall attempt to exclude or limit liability that cannot be excluded under applicable law. Without limiting the foregoing, the following is not intended to limit the application of section 10 of the Quebec Consumer Protection Act, if such section is otherwise applicable. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZEITGEIST IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; DAMAGE TO OR LOSS, COMPROMISE, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED.
SOME STATES, PROVINCES, COUNTRIES, AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Zeitgeist reseller, agent, or employee is authorized to make any modification, extension, or addition to the Limited Warranty. If any part of the Limited Warranty is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
9. Entire Agreement
Except as otherwise stated herein, the Limited Warranty constitutes the entire and exclusive understanding and agreement between Zeitgeist and you with respect to the warranty of the Zeitgeist, and supersedes any other agreements or discussions, oral or written.