“Authorized Dealer”, “Authorized Havoc Motorcycle Dealer”, “Havoc Motorcycle Dealer” or “Dealer” means a retail motorcycle business that is approved by Havoc Motorcycles to sell and repair Havoc Motorcycles.
“Customer”, “Owner”, “Purchaser”, and “You” are used interchangeably to mean a person who owns a Havoc Motorcycle.
“Delivery” means the date on which the motorcycle is delivered to the customer from the Factory or from the Dealer.
“Company”, “Factory”, “Manufacturer”, and “we” and “us” are used interchangeably to means the Havoc Motorcycles company that manufactures and assembles Havoc branded motorcycles in Prince Edward Island, Canada.
“Permitted Service Center” means an independent motorcycle repair shop that performs motorcycle repairs through licensed motorcycle mechanics and that is authorized by Havoc Motorcycles prior to the commencement of any repair.
“Motorcycle” or “The Motorcycle” means a Havoc Motorcycle.
“Warranty Period” means twenty-four (24) months from the initial retail purchase and delivery of a Havoc Motorcycle from the Factory or from an Authorized Dealer.
The Havoc Motorcycles warranty is for a period of twenty-four (24) months, beginning on the day the customer purchases the motorcycle, or the date the motorcycle is delivered to the customer, whichever is later.
We warrant that we will repair or replace without charge any parts found to be defective in materials orworkmanship under normal use on a new Havoc motorcycle purchased directly from the Factory or from an Authorized Dealer.
If a defect arises during the Warranty Period, Havoc Motorcycles, at its sole option and discretion and to the extent permitted by law will (1) repair the defect at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) replace a defective component with a functionally equivalent component that is new or equivalent to new in performance and reliability.
This will be Havoc Motorcycles’s sole obligation and the customer’s sole remedy under this warranty.
TO THE FULLEST EXTENT PERMITTED BY LAW, HAVOC MOTORCYCLES AND ITS DEALERS SHALL NOT BE LIABLE FOR LOSS OF USE, INCONVENIENCE, LOST TIME, COMMERCIAL LOSS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE WARRANTY AND REMEDIES DESCRIBED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, EXPRESS, STATUTORY OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW HAVOC MOTORCYCLES DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF IMPLIED WARRANTIES CANNOT BE DISCLAIMED, THEN SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
HOW TO MAKE A WARRANTY CLAIM
Such repair and replacement may be undertaken by the Factory, by an authorized Havoc Motorcycle Dealer, or by a Permitted Service Center.
To obtain warranty service you must return the motorcycle, within the warranty period and at your own expense, to the Factory, or to an Authorized Dealer, and authorize the Factory or the Dealer to perform 1service.
If there is no Authorized Havoc Motorcycle Dealer within a reasonable distance from your home, HavocMotorcycles will nominate a licensed service center in closer proximity to your home (Permitted Service Center) and provide you with the contact information.
All warranty repairs, whether executed at a Dealer or a Permitted Service Center, must be approved by Havoc Motorcycles. The Dealer or the Permitted Service Center will diagnose and describe the problem to us, and Havoc Motorcycles, at its sole discretion, will authorize and approve the repair or replacement.
All parts replaced become the property of Havoc Motorcycles.
EMISSIONS CONTROL SYSTEM WARRANTY (where applicable)
Havoc Motorcycles warrants to the owner of a motorcycle covered by this warranty that the motorcycle is designed, built and equipped so as to conform at the time of delivery with all federal emissions standards applicable at the time of manufacture and that it is free from defects in materials and workmanship which would cause it not to meet these standards within 30,000 km/18,650 miles or 5 years, whichever occurs first.
Tires originally installed on new Havoc Motorcycle are warranted by their manufacturer and NOT by Havoc Motorcycles. Defects in materials or workmanships in original tires must be referred to the tire manufacturer. Customers may ask any authorized tire dealer for assistance.
TERMS AND CONDITIONS
The following terms and conditions apply to this warranty:
1. The duration of this limited warranty is twenty four (24) months, starting from the date of initial retail purchase and delivery from the Factory or from an Authorized Dealer.
2. This warranty is transferrable to a new owner upon resale of the motorcycle during the warranty period and any unexpired portion of this limited warranty will be transferred to subsequent owners. It is the responsibility of the subsequent owner to ensure that a change of ownership notice is sent to Havoc Motorcycles at the time of transfer of ownership. Such notice may be sent by email to email@example.com.
The owner of a Havoc Motorcycle is responsible for and obligated to operate and to maintain the motorcycle in accordance with the Owner’s Manual. The Owner shall provide records of routine maintenance and service of the motorcycle if requested.
The owner must give notice to Havoc Motorcycles or to a Dealer of any and all apparent defects immediately upon discovery.
This warranty excludes damage resulting from abuse, accident, modifications or other causes that are not defects in materials and workmanship.
This warranty does not apply to any motorcycle as follows:
1. Which has not been operated as specified in the Owner’s Manual.
2. Which has not been maintained as specified in the Owner’s Manual.
3. Which has been abused, misused, improperly stored, or used for racing, competition, or rental.
4. Which has suffered damage as a result of accidents, collisions, contact with foreign materials, impact,submersion, or used after discovery of a defect.
5. Which, for any reason, have been declared a total loss or sold for salvage purposes
6. From which the Manufacturer’s identification numbers have been removed or whose identification numbers have been altered or mutilated.
7. Which is not manufactured to comply with the laws of the market in which it is registered
8. Which has had off-road or competition parts installed.
9. Which has been subject of acts of God, war, riot, insurrection, natural disasters, nuclear contamination, lightning, dust storms, hail storms, ice storms, earthquakes, floods, or other circumstances out of the control of Havoc Motorcycles.
This warranty does not cover:
1. Parts and labor for normal maintenance as recommended in the Owner’s Manual.
2. The replacement of parts due to normal wear including items such as tires, lubrication, oil, oil and fuel filters, fuel system cleaning, battery maintenance, engine tune-up, spark plugs, brake pads, clutch and chain/belt adjustment and replacement.
3. Cosmetic concerns that arise as a result of a lack of proper maintenance or environmental conditions (except concerns that result from defects in material or workmanship, which are covered by this warranty for the duration of the warranty period).
4. Any cosmetic condition documented by the dealer at the time of retail delivery.
5. Defects or damage to the motorcycle caused by alterations outside of Factory specifications.
Havoc Motorcycles shall endeavor to repair any motorcycle returned to the Factory within a reasonable time. Havoc Motorcycles cannot control the workload or work schedules of Authorized Dealers and Permitted Service Centers.
HAVOC MOTORCYCLES IS NOT RESPONSIBLE FOR THE SAFETY, QUALITY, OR SUITABILITY OF ANY PART, ACCESSORY, OR DESIGN MODIFICATION INCLUDING LABOR SOLD AND/OR INSTALLED BY ANY PERSON OTHER THAN THE FACTORY.
This warranty is a contract between Havoc Motorcycles and the customer. It is separate and apart from any warranty that a customer may receive or purchase from a dealer.
No person is not authorized to alter, modify, or in any way change the terms and conditions of this warranty. Havoc Motorcycles does not assume or authorize any person to create or assume for Havoc Motorcycles any obligation or liability in connection with the motorcycle or any part thereof.
Havoc Motorcycles reserves the right to change the design or components fitted to any model without obligation to modify any model previously manufactured.
Any warranty work or parts replacement authorized by the manufacturer will not preclude the
manufacturer from later relying on any exclusion where applicable.
This Warranty is in addition to, and not a modification of, any legal warranty required by the laws of any State in the United States or any province or territory of Canada. Subject to any applicable sales or consumer legislation, the above warranty is in lieu of any warranty or representation, express or implied, including any warranty of performance, merchantability or fitness for a particular purpose on
the part of Havoc Motorcycles, and any other obligation or liability on behalf of Havoc Motorcycles, and the above warranty constitutes an owner’s sole remedy and the full liability of Havoc Motorcycles. In no event shall Havoc Motorcycles be liable for special, incidental or consequential damages howsoever caused, whether by negligence or otherwise resulting directly or indirectly from the use of the motorcycle, or the motorcycle having replacement parts or the unavailability of replacement parts.
The division of this Warranty into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation.