303FS Bike Motor
Two-Year Limited Warranty of Ristretto® 303FS Founders Edition Bike Motor: Ristretto Electric LLC (RISTRETTO®) warrants that all new 303FS Founders Edition Bikes and SELECTED components are warranted to the original client (PURCHASER) against production/manufacturing defects in materials and/or workmanship for a period of two (2) years from the original shipping date. Man-made failures are excluded from our warranty. This warranty is limited to the repair or replacement of the original defective motor and is the sole remedy of the warranty. This warranty extends from the original ship date to two-year and applies only to the original owner and is non-transferrable.
303FS Battery
Two-Year Limited Warranty of 303FS Founders Edition Battery Components: Ristretto Electric LLC (RISTRETTO®) warrants to the original PURCHASER that the battery is free of defects in material and workmanship for a period of two (2) years from the date of original ship date. The defective product will be replaced or repaired if met under certain pre-conditions. This warranty is limited to the repair or replacement of the original defective battery and is the sole remedy of the warranty. This warranty extends from the original ship date to two-year and applies only to the original owner and is non-transferrable.
What is not covered under this Limited Warranty
Ristretto’s 303FS bike is designed for recreational use only. This Limited Warranty does not cover normal wear and tear, normal maintenance items, or any damage, failure, or loss that is caused by improper assembly, maintenance, adjustment, storage, or use of the product. This Limited Warranty does not extend to future performance. This Limited Warranty will be void if the product is ever:
- Used in any competitive sport
- Used for stunt riding, jumping, aerobatics or similar activities
- Modified in any way
- Used in a manner contrary to the instructions and warnings in this manual
How to make a warranty claim:
The PURCHASER must reach out to Ristretto® and provide an electronic invoice (proof of purchase) including the order number, email address, phone number and original FULL NAME used at the time of purchase OR provide the 303FS Serial No. located on the seat tube of your 303FS. Purchasers will have one (1) month to submit their warranty registration form after receiving the 303FS bike (NOTE: All these requirements must be provided to RISTRETTO® for processing warranty claims).
Limitations on Liability; Disclaimers; Releases
Ristretto® does not represent or warrant that any product description, image, or other such content on its website is accurate, complete, reliable, or current. The product is provided “as is,” “with all faults” and “as available” and the entire risk of use and performance remains with you. If you deem that a product you purchased on the website is not as described on the website, your sole recourse is to return that product to Ristretto for a refund. Please direct such inquiries to
info@ristretto.us.
In no case shall Ristretto Electric, LLC, its directors, officers, employees, affiliates, component manufacturers, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenues, lost savings, loss of goodwill, business interruption, personal injury, property damage, loss of privacy, loss or corruption of data, replacement costs, or any similar damage, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our service or any product, or for any other claim related in any way to your use of the service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.
Ristretto® shall accept no liability or responsibility in respect of any failure to deliver our products or any delay in doing so or for any damage or defect to the products that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of God, pandemics, war or actions by third parties.
Indemnification
You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our products and services, whether intended or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, other third parties and their property, or to the property of Ristretto. You agree to release, waive, defend, indemnify and hold Ristretto and its directors, officers, employees, affiliates, component manufacturers, agents, contractors, interns, suppliers, service providers and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising out of: a) your purchase or use of any Ristretto product or service; b) any violation or breach of these terms, or; c) your violation of another party’s rights or applicable law.
Ristretto reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Ristretto in asserting any available defenses.
Dispute Resolution and Binding Arbitration
You and Ristretto® agree to resolve any dispute, controversy or claim between us exclusively and finally by binding arbitration on an individual basis, which means you and Ristretto waive any right to litigate disputes in a court or before a jury, or as part of a class action, a representative action, a consolidated action or in a private attorney general capacity.
This arbitration requirement applies to all claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Ristretto, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase, or that relates in any way to your purchase of Ristretto products and services.
Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at
www.adr.org. The tribunal shall consist of a sole arbitrator. The arbitrator shall have exclusive authority to resolve any arbitrable issue. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration as delineated in this paragraph, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit including reasonable attorneys’ fees and costs for having to compel or defend or enforce an award.
Nothing in this section (or within these terms) shall limit Ristretto’s right to seek injunctive or other appropriate relief in any state or federal court in Colorado, United States, to the extent you have in any manner violated or threatened to violate Ristretto Electric, LLC’s intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES.
Governing Law; Choice of Law
These terms and any disputes between you and Ristretto will be construed and governed by the laws of Colorado, United States, without regard to conflicts of laws. You consent to the jurisdiction of the court of the State of Colorado and agree that those courts have personal jurisdiction over each party.
How to contact Ristretto®
If you have any questions or comments regarding these terms, you may contact Ristretto by any of the methods available on our
website or by email at the following address:
info@ristretto.us.