Limited Warranty. Nivel Parts and Manufacturing Co., LLC, (“Company”) provides that any MadJax XSeries vehicle (“Vehicle”) and/or accessory purchased from the Company, a Company affiliate, or an authorized Company dealer at the point of original sale, shall be free from defects in the material and/or the workmanship and with respect to parts and labor only, during normal use and proper service (“Limited Warranty”). This Limited Warranty is extended to the original retail purchaser and, if transferred prior to expiration of the original Warranty Period, subsequent purchasers of the Vehicle (“Purchaser”), for defects reported to the Company within the below warranty periods (from date of purchase) for each Vehicle system or component for the periods of time set forth in the table below (the “Warranty Period”):
|Vehicle Frame (Workmanship)
|Suspension and Steering (Shocks, Leaf Springs, Steering Rack, Steering Column)
|Major Electronic Components (Electric Motor, Speed Controller)
|Separate Warranty Terms
|Accelerator and Brake Pedal Groups (Pedal Assemblies, Brake Cables, Motor Brake)
|Seats (Seat Back and Bottom Cushions, Hip Restraints/Arm Rests)
|Sun Top (Canopy, Roof Struts)
|Body Plastics (Front Cowl, Rear Body, Rocker Panels, Instrument Panel)
|Minor Electronic Components (Microswitches, F&R Switch, Key Switch, Charger Cord, Charger Receptacle, and Battery Charger)
|All Other Vehicle Components
|Additional Options and Accessories Sold at Time of Vehicle Purchase
Warranty Process; Basis of Warranty. The Warranty Period for all parts and components of the Vehicle shall commence on the date the Vehicle is purchased. Purchaser must register the Vehicle at https://www.madjax.com/xseries-warranty-registration/ within ninety (90) days of purchase or, with respect to Purchasers that are subsequent purchasers of the Vehicle within the original Warranty Period, within ninety (90) days of purchase or before expiration of the original Warranty Period, whichever is less. Only those Vehicles registered within the specified registration period will be eligible for coverage under this Limited Warranty. In the event that the Vehicle appears to have defects in materials and/or workmanship during normal use and proper service, Purchaser shall notify and present the Vehicle to the authorized agent, dealer or distributor where Purchaser purchased the Vehicle (the “Place of Purchase”). An authorized agent at the Place of Purchase shall inspect the Vehicle and its system and components to determine eligibility for repair or replacement under the terms of this Limited Warranty. The authorized agent at the Place of Purchase shall submit a claim to the Company to confirm that any defects in the Vehicle are covered under this Limited Warranty (a “Defect Claim”). Upon determination that defects in the Vehicle are covered by the terms of this Limited Warranty, the Purchaser’s recovery shall be in the form of repair or replacement of the defective Vehicle parts or components, at the Company’s discretion.
Non-Transferable. This Limited Warranty applies only to the Purchaser and is not transferable to any subsequent purchaser, person or entity after expiration of the original Warranty Period without the prior written approval of the Company Customer Service Department.
EXCLUSIONS. Specifically EXCLUDED from this Limited Warranty are:
This limited warranty may be voided or limited at the sole discretion of the Company if the vehicle and/or battery charger:
Use of Non-Approved Parts and Accessories. This Limited Warranty is void with respect to any property damage or additional energy consumption arising from or related to parts or accessories not manufactured or authorized by the Company, or which were not installed by the Company, its dealers or distributors, including but not limited to GPS systems, cooling and heating systems, communication systems, information systems, or other forms of energy consuming devices wired directly or indirectly to the Vehicle battery.
Remedy. Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that the Company will, at its sole option, repair or replace any defective parts. If the Company elects to repair or replace a defective part, the Company may at its discretion provide a factory reconditioned part or new component from an alternate supplier. All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts.
Disclaimer. Except for the Limited Warranty, the Company makes no warranty whatsoever with respect to the Vehicle and battery chargers, including (a) any warranty of merchantability, or (b) warranty of fitness for a particular purpose, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
Liability Limitations. In no case shall the Company be liable for indirect, incidental, special, punitive or consequential damages, including but not limited to death, personal injury or property damage arising from or related to any alleged failure in a Vehicle or battery charger, or any damage or loss to the Purchaser or any third party for lost time, inconvenience or any economic loss, whether or not the Company was apprised of the foreseeability of such damages or losses. The Company shall not be liable for breach of any warranty unless: (i) Purchaser gives written notice of the defect, reasonably described, to the Company within thirty (30) days of the time when Purchaser discovers or should have discovered the defect; (ii) the Company is given a reasonable opportunity after receiving the notice to examine (or have its agents or representatives examine) such defect; and (iii) the Company reasonably verifies that Purchaser’s claim that the Vehicle or battery charger, as applicable, is defective. The Company shall not be liable for a breach of warranty if: (a) Purchaser makes any further use of the Vehicle or battery charger after providing notice of a defect; (b) the defect arises because Purchaser failed to adhere to the guidelines on use of the Vehicle or battery charger; or (c) Purchaser alters or repairs the Vehicle or battery charger without the prior written consent of the Company. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Warning. Any modification or change to the Vehicle or battery charger which alters the weight distribution or stability of the Vehicle, increases the Vehicle’s speed, or alters the output of the battery charger beyond factory specifications, can result in property damage, personal injury or death. Do not make any such modifications or changes. Such modifications or changes will void the Limited Warranty. The Company disclaims responsibility for any such modifications, changes or alterations which would adversely impact the safe operation of the Vehicle or battery charger.
Other Company Rights.
Authority. No Company employee, dealer, distributor or representative, or any other person, has any authority to bind the Company beyond the terms of this Limited Warranty.