To the extent permitted by law, this warranty is in lieu of all other express or implied warranties. Performer disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose, and warranties against hidden or latent defects, to the extent permitted by law. Any such warranty which cannot be disclaimed is limited to the duration and remedies of this express warranty in so far as such a limitation is allowed by law.
WHO IS COVERED
This warranty is extended only to the initial purchaser for as long as the initial purchaser owns the trike and is not transferable. This warranty only covers personal use and does not extend to business or commercial use.
WHEN DOES THIS WARRANTY BEGIN?
This warranty shall take effect on the date of original purchase.
WHO WILL FULFULL THIS WARRANTY?
Performer is solely responsible fulfilling the terms of this warranty. The individual or company selling or distributing this trike shall not be responsible for fulfilling the terms of this warranty; any work done by the seller or distributor to replace or repair any part of this trike shall not imply a duty by the seller or distributor to fulfill the terms of this warranty. Repairs performed by anyone other than Performer, or any person authorized by Performer, and replacement parts not supplied by Performer, are not covered under this warranty. Performer may, at our sole discretion, authorize the initial purchase or agent of the initial purchaser to perform repairs under this warranty.
HOW WILL THIS WARRANTY BE FULFULLED?
Under this warranty, Performer will repair, replace or refund, at our sole discretion a defective frame, fork or other part with the same or comparable model. Frame, fork or parts covered must be returned to us, to an authorized dealer or any other person, at our discretion, for inspection at the customer’s expense and must include a copy of the original receipt. The owner is responsible for all labor, shipping and travel costs connected with the repair or replacement of warranted parts.
WHAT IS COVERED?
Metal frames are covered for a period of five years. Carbon frames are covered for a period of three years. Forks and non-consumable parts are covered for a period of one year.
WHAT IS NOT COVERED?
Consumable parts, including but not necessarily limited to, tires, tubes, brake and shifter cables, brake shoes, grips, seat covering, crankset, gears and chain are not covered under this warranty.
In addition to the limitations above, normal wear and tear, damage due to improper assembly and/or maintenance, modifications, or installation of parts or accessories not included with this trike as sold, including power assist, is expressly excluded from warranty and is not covered.
Further, any damage caused by any accident, act of God, abuse, misuse, neglect or theft is not covered. This warranty does not cover paint damage, rust or cosmetic damage including dents or scratches.
NOT LIABLE FOR DAMAGES
In no event shall Performer be liable for any direct, indirect, punitive, incidental, or consequential losses, injuries, damages or expenses to property or life, whatsoever arising out of or connected with the use or misuse of our products.
The initial purchaser is responsible for inspecting this trike for proper assembly, installation and adjustments at time of purchase, and for subsequent normal maintenance and adjustments.
The initial purchaser or that person’s agent must notify Performer of any claims under this warranty. Such notification must be given within the warranty periods stated above.