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P a g e
expressly set forth herein, whether express or implied by operation of law
or otherwise, including, but not limited to any warranties of
merchantability or fitness for a particular purpose. In no event shall E-
LUX be liable for incidental, consequential or punitive damages arising
from use or unavailability of the Bicycle or component(s) in any manner,
including, without limitation, damages for personal injury, property
damage, or economic losses, whether based on contract, warranty,
negligence, product liability, or any other theory. E-LUX’ liability
hereunder is expressly limited to the repair or replacement of Bicycle or
component(s), or at E-LUX’ sole discretion, to the net amount paid by the
original retail Purchaser.
If the original retail Purchaser elects to repair a defective Bicycle or
component(s) himself or use the services of someone other than E-LUX
(or its designee) to repair the Bicycle, or if Purchaser uses a replacement
part not authorized by E-LUX, E-LUX will not be liable for any damage,
failure or loss caused by the use of such unauthorized service or parts. If
the purchaser has a valid warranty claim as set forth in the Procedures and
Terms and Conditions (the “PTC”), this limited warranty includes the cost
of shipment or transportation of the Bicycle or Bicycle component(s) to or
from E-LUX in accordance with the PTC. If the Purchaser does not have
a valid warranty claim as set forth in the PTC, this limited warranty does
not include such shipment or transportation costs.
Exclusions:
This warranty does not cover:
• normal wear and tear;
• damage or failure from abuse, neglect, misuse, or accident;
Summary of Contents for Malibu
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