Entire Agreement: These Terms and Conditions of Sale and the Limited Warranty provided supersede and replace any prior agreements and understandings, whether oral or written. The provisions of these Terms and Conditions of Sale may be waived, altered, amended or repealed, in whole or in part, only with the explicit written consent of GravyWheels. No additional terms, even if stated on an order, will be included in the Terms and Conditions of Sale or as part of any order unless separate and explicit consent thereto is received from GravyWheels.
Applicable Law: These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts between California residents entered into and to be performed entirely within the State of California.
Venue: Any action, arbitration, or proceeding arising directly or indirectly from this Agreement or any other instrument or security referenced herein shall be litigated or arbitrated, as appropriate,
in Marin County, California.
Attorneys' Fees: In the event a party breaches these Terms and Conditions of Sale, the breaching party shall pay all costs and attorneys' fees incurred by the other party in connection with such breach, whether or not any arbitration or litigation is commenced.
Limitation of Liability: GravyWheels LIABILITY HEREUNDER IS EXPRESSLY LIMITED TO THE REPAIR OR REPLACEMENT OF GOODS NOT COMPLYING WITH ITS WARRANTY OR, AT GravyWheels' ELECTION, TO THE RE-PAYMENT OF AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT PURCHASED. GravyWheels SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES ASSOCIATED WITH THE USE OF ITS PRODUCT OR A CLAIM UNDER THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT, TORT OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PURCHASER ACKNOWLEDGES THAT THE AMOUNTS PAYABLE HEREUNDER ARE BASED IN PART ON THESE LIMITATIONS AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
No Third Party Beneficiaries: Unless otherwise expressly provided, no provisions of these Terms and Conditions of Sale are intended or shall be construed to confer upon or give to any persons or entities other than GravyWheels and the original retail purchaser any rights, remedies or other benefits under or by reason of these Terms and Conditions of Sale.
Term and Coverage: Products built by GravyWheels and operated under the conditions for which they were designed are warranted against manufacturing defects in workmanship from the date of purchase for the life of the product as long as they are owned by the original retail purchaser. Workmanship, quality and performance of components used to build GravyWheels' products are the responsibility of the manufacturer of those components and are covered by the relevant manufacturers' warranty rather than the GravyWheels warranty.
Persons Covered: Unless otherwise expressly provided, no provisions of this warranty are intended or shall be construed to confer upon or give to any persons or entities other than the original retail purchaser and GravyWheels any rights, remedies or other benefits under or by reason of this limited warranty. This limited warranty may not be assigned or transferred.
Claim Procedure: You must obtain advance authorization in writing before returning any product to GravyWheels for warranty inspection. To obtain authorization, please contact GravyWheels at 415-454-9000. GravyWheels will decide in its sole discretion whether to issue you a return authorization number. This number must conspicuously appear on the outside of the product's packaging when product is returned to GravyWheels for inspection. The issuance of an authorization number does not constitute acceptance of the warranty claim, which will be evaluated by GravyWheels upon its inspection of the product.
When shipping the product to GravyWheels, the product should be securely packed to prevent damage during shipment and must be accompanied by a letter specifying or including the following items of information:
dated receipt or other proof of date of retail purchase;
detailed description of the problem experienced with the product, including, if applicable, a chronology of efforts made to correct the problem;
identification of the components used in conjunction with the product;
estimate of product usage: (i.e. accumulated mileage or time in service);
and your name, address, and written authorization to ship the repaired product back to you freight collect ("C.O.D.").
Warranty Coverage: The determination whether a valid claim has been made under this limited warranty is within the sole discretion of GravyWheels. Should GravyWheels determine that a valid claim has been made, GravyWheels will decide whether to repair or replace the product, or to repay an amount equal to the purchase price of the product, which decision by GravyWheels will be conclusive and binding. GravyWheels reserves the right to discontinue its products and to change specifications for existing products at any time without notice and it shall not be obligated to incorporate new features into products previously sold, even if those products are returned under a valid warranty claim. GravyWheels may, without notice, also replace parts with similar parts of similar quality in the event that identical parts are unavailable.
Limitations and Exclusions: This limited warranty does not apply to normal wear and tear, nor to claimed defects, malfunctions or failures that result from abuse, neglect, improper maintenance, alteration, collision, crash, misuse, modification, or from any use of GravyWheels products in a manner for which they were not designed. This limited warranty does not cover damage occurring during shipment or transport of the product. This warranty does not include the cost of travel or shipment to and from GravyWheels. Such travel and shipping costs, if any, shall be born by the original owner.
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY CLAIMED IMPLIED WARRANTY OF MERCHANTABILITY, ANY CLAIMED IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AND ANY CLAIMED IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE DISCLAIMED BY GravyWheels AND WAIVED BY THE ORIGINAL OWNER OF THE PRODUCT.
The provisions of this limited warranty shall provide the sole and exclusive remedy available with respect to the product covered hereby. No dealer and no other agent or employee of GravyWheels is authorized to modify, extend or enlarge this limited warranty. The performance of any warranty service is not an admission or agreement that the design or manufacture of a product is defective. This warranty does not cover products whose serial number or identification has been erased, damaged or modified. If you elect to repair a defective product yourself or use the services of someone other than GravyWheels, or if you use a replacement part not supplied by GravyWheels, GravyWheels will not be liable for any damage, failure or loss caused by the use of such unauthorized service or parts. This limited warranty does not provide you with certain legal rights and recourse. You may possess other rights or recourse, depending on your state, jurisdiction, country or province. If any provision of this limited warranty is found unenforceable, only that provision shall be stricken and all others shall apply.
NOTICE: THE PURCHASER ASSUMES THE RISK OF PERSONAL INJURY AND UNDERSTANDS THAT RIDING A BICYCLE INVOLVES CERTAIN RISKS OUT OF THE REALM OF PRODUCT PERFORMANCE OR FAILURE.