GOTRAX Warranty Terms & Services
For GOTRAX Branded Product Only
IMPORTANT: BY USING YOUR GOTRAX PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE GOTRAX NINETY (90) DAY LIMITED WARRANTY AND GOTRAX (1) YEAR EXTENDED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN GOTRAX’S RETURN POLICY (FOUND AT https://gotrax.com/support/gotrax-return-policy/) TO THE GOTRAX OWNED RETAIL STORE OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, GOTRAX DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. GOTRAX 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. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, GOTRAX LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT GOTRAX’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Golabs Inc. of 2201 Luna Road, Carrollton Tx, U.S.A. 75006 (“GOTRAX”) warrants the GOTRAX-branded Hoverboards, Electric Scooters, or ATV hardware product and the GOTRAX-branded accessories contained in the original packaging (“GOTRAX Product”) against defects in materials and workmanship when used normally in accordance with GOTRAX’s published guidelines for a period of NINETY (90) DAYS unless consumers have purchased the EXTENDED WARRANTY during the initial NINETY (90) DAY period then the coverage period would be for ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). GOTRAX’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-GOTRAX branded hardware products even if packaged or sold with GOTRAX hardware. Manufacturers, suppliers, or publishers, other than GOTRAX, may provide their own warranties to you – please contact them for further information. GOTRAX does not warrant that the operation of the GOTRAX Product will be uninterrupted or error-free. GOTRAX is not responsible for damage arising from failure to follow instructions relating to the GOTRAX Product’s use.
This Warranty does not apply:
(a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;
(b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship;
(c) to damage caused by use with a third party component or product that does not meet the GOTRAX Product’s specifications (GOTRAX Product specifications are available at https://gotrax.com under the technical specifications for each product and also available in stores);
(d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause;
(e) to damage caused by operating the GOTRAX Product outside GOTRAX’s published guidelines;
(f) to an GOTRAX Product that has been modified to alter functionality or capability without the written permission of GOTRAX;
(g) to defects caused by normal wear and tear or otherwise due to the normal aging of the GOTRAX Product; or
(h) if GOTRAX receives information from relevant public authorities that the product has been stolen and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
Before receiving warranty service, GOTRAX or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow GOTRAX’s procedures for obtaining warranty service.
Following warranty service your GOTRAX Product or a replacement device will be returned to you as your GOTRAX Product was configured when originally purchased, subject to applicable updates.
Important: Do not open the GOTRAX Product. Opening/Diss-assembly of the GOTRAX Product may cause damage that is not covered by this Warranty. Only GOTRAX should perform service on this GOTRAX Product.
WHAT WILL GOTRAX DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to GOTRAX in accordance with this warranty, GOTRAX will, at its option:
(i) repair the GOTRAX Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the GOTRAX Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the GOTRAX Product for a refund of your purchase price.
GOTRAX may request that you replace certain user-installable parts or GOTRAX Products. A replacement part or GOTRAX Product, including a user-installable part that has been installed in accordance with instructions provided by GOTRAX, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an GOTRAX Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes GOTRAX's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the GOTRAX Product is still not functioning properly after making use of these resources, please contact an GOTRAX representative or, if applicable, an GOTRAX owned retail store ("GOTRAX Retail"), using the information provided below. An GOTRAX representative will help determine whether your GOTRAX Product requires service and, if it does, will inform you how GOTRAX will provide it. When contacting GOTRAX via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
GOTRAX will provide warranty service through one or more of the following options:
(i) Mail-in service. If GOTRAX determines that your GOTRAX Product is eligible for mail-in service, GOTRAX will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your GOTRAX product, so that you may ship your GOTRAX Product to an GOTRAX Service location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the GOTRAX Service location will return the GOTRAX Product to you. GOTRAX will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the GOTRAX Product are followed.
(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own GOTRAX Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where GOTRAX requires return of the replaced GOTRAX Product or part. GOTRAX may require a credit card authorization as security for the retail price of the replacement GOTRAX Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and GOTRAX will offer alternative arrangements for service. GOTRAX will ship a replacement GOTRAX Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced GOTRAX Product or part. If you follow the instructions, GOTRAX will cancel the credit card authorization, so you will not be charged for the GOTRAX Product or part and shipping to and from your location. If you fail to return the replaced GOTRAX Product or part as instructed or return a replaced GOTRAX Product or part that is ineligible for service, GOTRAX will charge your credit card for the authorized amount.
(b) Service where GOTRAX does not require return of the replaced GOTRAX Product or part. GOTRAX will ship you free of charge a replacement GOTRAX Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced GOTRAX Product or part.
(c) GOTRAX is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact GOTRAX support at https://gotrax.com/support/ .
GOTRAX reserves the right to change the method by which GOTRAX may provide warranty service to you, and your GOTRAX Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the GOTRAX Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, GOTRAX may repair or replace GOTRAX Products and parts with comparable GOTRAX Product and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTRAX IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No GOTRAX reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the GOTRAX Product purchase took place. GOTRAX or its successor in title is the warrantor under this Warranty.
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