Complete Terms and Conditions of the ENVE 5-Year Limited Warranty
Effective Date: June 14, 2019
This 5-Year Limited Warranty shall apply to purchases of ENVE rims, components, and hard goods on or after the Effective Date above.
This warranty contains a binding arbitration agreement and a class action waiver for United States residents. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” carefully.
5-Year Limited Warranty
ENVE warrants the following ENVE Products from non-conformance with ENVE’s material and workmanship specifications to the original purchaser with valid proof of purchase from an authorized dealer for the (“Warranty Period”) below:
|Rim, fork, handlebar, stem, seatpost, hub manufactured by ENVE (excluding consumables, such as brake tracks, brake pads, tires, bar end plugs, bar tape, decals, bearings, spokes, etc…)||Five (5) years from the date of purchase|
The ENVE 5-Year Limited Warranty applies solely to the Products shown in the table above, and does not apply to products not listed above. Discontinued products are generally carried for warranty replacement for up to 2 years after discontinuance. Discontinued items warrantied in this two (2) year period will be replaced with the same product, if available, or with the new product of a similar make. Only the damaged ENVE product is replaced at no cost. If you need to upgrade your undamaged rim so they match, upgrade programs are offered by ENVE and our dealer/distributors to ensure your rims will match front to rear.
THIS LIMITED WARRANTY DOES NOT COVER, AND ENVE IS NOT RESPONSIBLE, FOR:
- Damage to, or damage caused by, parts that have been incorrectly installed, serviced, or otherwise adjusted in respect of the ENVE installation and/or service manuals
- Damage caused by misuse, abuse, negligence, or in an accident
- Failure to observe care instructions, including without limitation, incorrect installation or maintenance
- Unauthorized modification or alteration, including without limitation, any repair performed by anyone other than ENVE or an ENVE-authorized servicer, or outside of the recommendations of ENVE Customer Service
- Parts manufactured by third parties or other manufacturers (ex. hubs, spokes, nipples, softgoods). You must consult the manufacturer for any issues related to such parts
- Warranty for ENVE tubing and other molded frame parts such as seat stays, chain stays and head tubes covered under standard two year Warranty
- Products purchased from unauthorized dealers, including without limitation, products purchased through: (i) third party auction sites (ii) unauthorized dealers selling via third party marketplaces, or (iii) dealers selling altered or modified products
- Counterfeit products
- Products purchased “second-hand”, “used”, “as-is”, or expressly “without warranty”
- Soft goods such as apparel or any consumable wear parts such as brake pads, tires, bar tape, bearings, decals, bar end plugs, spokes, etc…)
ENVE 5-YEAR LIMITED WARRANTY
BY USING YOUR ENVE PRODUCTS YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WARRANTY. BEFORE USING YOUR ENVE PRODUCT PLEASE READ THIS WARRANTY CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY DO NOT USE YOUR PRODUCT. RETURN YOUR PRODUCT TO THE AUTHORIZED DEALER OF PURCHASE. SEE THE AUTHORIZED DEALER’S RETURN POLICY FOR DETAILS AND/OR ADDITIONAL RETURN REQUIREMENTS.
MAKING A WARRANTY CLAIM
Warranty claims must be made within the applicable Warranty Period through the Authorized ENVE Dealer where you purchased your Product, or via ENVE.com. Visit www.ENVE.com/support/warranty for additional instructions. You must have proof of purchase to make a Warranty Claim – Hand written receipts will not be accepted. Acknowledgement that you have read and agreed to the terms of this Limited Warranty, including the section titled BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY) below, may be required for any warranty request. Note – ENVE reserves the right to refuse warranty service to any person who in ENVE’s sole discretion, abuses its products or warranty policy.
If ENVE determines that your Product is subject to this warranty, ENVE will, during the Warranty Period, in its sole discretion:
- Repair the ENVE Product
- Replace the ENVE Product with the same model ENVE Product
- Replace the ENVE Product with a comparable ENVE Product or offer an upgrade option should your ENVE Product be discontinued or otherwise unavailable
You shall be responsible for all taxes, fees, or other charges for shipping, transportation, postage or otherwise, except where prohibited. Until received by ENVE, you shall bear the risk of loss. To the fullest extent permitted by law, the above three remedies shall be your sole and exclusive remedies under this Limited Warranty and supersede any prior contrary or additional representations, whether oral or written.
What to Do If You Are Not Satisfied With Service?
If you feel ENVE has not met its obligations under this warranty, you may attempt to resolve the issue informally with ENVE. If you are unable to resolve the issue informally and wish to file a formal claim against ENVE, and if you are a resident of the United States, you must submit your claim to binding arbitration according to the procedures described below, unless an exception applies. Submitting a claim to binding arbitration means that you do not have the right to have your claim heard by a judge or jury. Instead, a neutral arbitrator will hear your claim.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER (U.S. RESIDENTS ONLY)
UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR ENVE PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE ENVE PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.
The filing fees to begin and carry out arbitration will be shared between you and ENVE, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point ENVE will cover all additional administrative fees and expenses. ENVE waives its right to recover attorneys’ fees in connection with any arbitration under this warranty. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase (if in the United States). The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor ENVE nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and ENVE.
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. ENVE AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
Exceptions to Binding Arbitration Agreement and Class Action Waiver
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify ENVE in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to ENVE at 130 E. Randolph St., Suite 600, Chicago, IL, 60601, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver.
In addition, you may pursue a claim in small claims court in your county of residence (if in the United States) or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents)” will not apply.
EXCLUSIONS AND LIMITATIONS
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE EXPRESSED ABOVE. ENVE 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, ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ENVE WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ENVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES (INCLUDING NEW JERSEY) 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.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING ENVE’S NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), ENVE MAY, AT ITS SOLE AND EXCLUSIVE OPTION AND IN ITS DISCRETION, REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME STATES (INCLUDING, NEW JERSEY) 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.
HOW THE LAW APPLIES
This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state, province to province, and country to country. This warranty applies to the greatest extent permitted by applicable law.
No employee or agent of ENVE may modify this warranty. If any term of this warranty, other than the class action waiver, is found to be unenforceable, that term will be severed from this warranty and all other terms will remain in effect. If the class action waiver is found to be unenforceable, then the entire section titled “Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)” will not apply. This warranty applies to the maximum extent not prohibited by law.