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0 <br />WARRANTY: LIMITATION OF LIABILITY <br />Acire Inc. warrants BikeConnect products and materials manufactured by Acire, Inc. when <br />properly assembled and installed, to be free from defects in materials and workmanship, <br />when under normal use and service, for a period of three (3) years. If any products or <br />materials manufactured by Acire Inc. are found to be defective upon inspection after <br />shipment to Acire at sender's cost, Acire will repair or replace, at its sole option, the <br />defective products or materials, subject to the following conditions: <br />A. Acire, Inc. is notified in writing within the applicable warranty period of any product or <br />material defect; <br />B. The product or material is returned to Acire Inc. at sender's expense; <br />C. The product or material has not been misused, abused or improperly maintained by <br />the user; <br />D. The product or material has not been repaired or altered except by written <br />authorization of Acire, Inc.; and <br />E. The defect is not attributable to normal wear and tear. <br />The limited warranty herein described constitutes the entire obligation of Acire, Inc., and <br />the maximum liability of Acire, Inc. is limited to the purchase price of each defective <br />product or material. No other warranties, whether express, implied or statutory, including <br />warranties of fitness for a particular purpose or merchantability, are given and all such <br />warranties are hereby expressly disclaimed. In no event shall Acire, Inc, be liable for any <br />consequential, indirect, incidental or special damages of any nature whatsoever arising <br />from the sale or use of its products or materials. Acire, Inc. shall have no further liability or <br />obligation whatsoever to any distributor or any other person or entity with respect to <br />Acire, Inc, products or materials other than the obligations expressly set forth above. <br />COVERAGE PERIODS AND PROVISION - 36 MONTHS <br />LABOR CONSIDERATION <br />If Acire, in its sole discretion, determines that an authorized Acire, Inc. distributor or repair <br />facility shall perform the warranty work, Acire, Inc. will pay a specified labor amount for <br />repair or replacement as determined and approved by Acire, Inc. service department <br />before any such work has started, and in accordance with the coverage periods. <br />STARTING DATE <br />The STARTING DATE shall be determined as that date which can be verified to Acire, Inc.'s <br />satisfaction as the product installation date, or, if not verified, then the date on which the <br />product was shipped by Acire, Inc. to the original purchaser. <br />25A -22 <br />