What is covered under this warranty?  Subject to the following terms and limitations, Sun Mountain Motor Sports, Inc. (“SMMS”), warrants with respect to the FinnCycle, FinnScooter, or FinnAccessory purchased from SMMS (the “Product”), that: (i) for the lifetime a FinnCycle or FinnScooter, the frame will be free from defects in material and workmanship under normal use and service; (ii) for a period of two (2) years from Arrival (as defined below) of a FinnCycle or FinnScooter, the Product and its components will be free from defects in material and workmanship under normal use and service; and (iii) for a period of one (1) year from Arrival (as defined below) of a FinnAccessory, the FinnAccessory will be free from defects in material and workmanship under normal use and service (collectively, (i), (ii), and (iii) are referred to herein as the “Limited Warranty”). No other warranties or guarantees are made in respect to the Product, express or implied. If any model or sample was shown or pictured, such model or sample was used merely to illustrate the general type and quality of the Product and not to represent that the delivered Product would necessarily be of that exact type or nature, or actually be that specific item shown or pictured. This Limited Warranty is not transferable and is valid and enforceable only by the party who initially purchased the Product from SMMS (“Customer”). All references to “days” in this Limited Warranty shall refer to calendar days.

 

How long does coverage last?  The Limited Warranty is valid for the lifetime of a FinnCycle or FinnScooter, with respect to the frame; for two (2) years from the Arrival of a FinnCycle or FinnScooter, with respect to the components other than the frame; and for one (1) year from the Arrival of a FinnAccessory.  “Arrival” of the Product shall be the sooner of the actual delivery of the Product to the address listed on the order form for the Product, or when SMMS’s shipment of the Product is confirmed delivered, as noted by the third-party carrier. 

 

What does this warranty not cover?  This Limited Warranty does not cover any problem, issue or defect that is caused by accident, failure to follow proper operating instructions, abuse, misuse, damage after arrival, normal wear and tear, or an act of nature (such as hurricane or flood), or any problems which result from improper transportation, use, or assembly of the Product. For the avoidance of doubt, minor imperfections or non-conformities, scratches, dents, or cosmetic damage, and conditions that do not materially alter functionality of the Product are not considered a defect under this Limited Warranty. SMMS assumes no responsibility for safe keeping, storage, returning or otherwise, for products returned not in compliance with this Limited Warranty or any return procedures set forth by SMMS. 

 

How to get service or file a Claim?  Contact SMMS via the “Contact Us” link at www.finnscooters.com, on the App, or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

 

Customer must notify SMMS in writing of the alleged issue or defect with the Product (a “Claim”) at any time regarding a defect in the frame of a FinnCycle or FinnScooter, within two (2) years of Arrival with respect to Claims regarding a FinnCycle or FinnScooter other than frame defects, and within one (1) year of Arrival with respect to a FinnAccessory. 

 

When notifying SMMS of a Claim, Customer must include a reasonably detailed description of the alleged issue or defect, a copy of the receipt, order, or other proof of purchase, with the order or invoice number, Product serial number, purchase date, and Customer name and address noted, as well as Customer’s current telephone number, email, and mailing address. Failure to timely and completely follow these procedures may result in SMMS’s inability to process Customer’s Claim and ultimately result in the denial of Customer’s Claim. 

 

SMMS will then provide Customer with either an explanation of denial of Customer’s Claim or notification of approval of the Customer’s Claim and additional instructions regarding the Claim process. DO NOT RETURN THE PRODUCT OR ANY COMPONENTS TO SMMS EXCEPT PURSUANT TO SMMS’S INSTRUCTIONS. In addition to the information described above, SMMS may request supporting documents or evidence (i.e. reasonable, written clarification of the alleged issue or defect, photographs of the Product, and/or proof that Customer was the party listed on the address for delivery noted on the order form for the Product with SMMS). 

 

SMMS will not be responsible for any damage occurring via transit, and there are no refunds on items damaged in shipping. This includes Products or components damaged during shipment to Customer and Products or components shipped back to SMMS according to SMMS’s instructions. For any items damaged in shipping, Customer must file a claim with the carrier.

 

All return shipments must be fully insured, packaged appropriately to avoid damage in transit, and must only be returned in accordance with SMMS’s instructions. SMMS may provide specific shipping or packaging instructions and/or issue a RMA number for the Claim. All shipments of return Products must be made in accordance with such instructions and clearly labelled with the RMA number, if required. Failure to follow these procedures, as well as any return procedures provided by SMMS, may result in an inability or refusal to process a return and/or refund claim.  

 

By making a Claim under this Limited Warranty, Customer agrees and reaffirms Customer’s agreement to the terms of this Limited Warranty and waives any claims, demand, and causes of action for damages or compensation, monetary or otherwise, which Customer may be entitled to relating to the Product other than SMMS’s provision of the components necessary to repair the Product, SMMS’s repair or replacement of the Product, or refund of the purchase price for the Product (excluding shipping costs and fees), as determined in SMMS’s sole discretion. Any Product or component returned in accordance with the above shall become the absolute property of SMMS, free and clear of all liens and encumbrances.

 

What will SMMS do?  If the Product does not comply with the terms of this Limited Warranty, and Customer fully complies with SMMS’s procedures and the other terms of this Limited Warranty, SMMS will provide Customer, within thirty (30) days of SMMS’s approval of the Claim, with one or more of the following (which shall be determined in SMMS’s sole discretion): (i) the necessary components to repair the Product (which repairs shall be completed by Customer, at Customer’s expense, in accordance with SMMS’s instructions); (ii) instructions for return of the Product to SMMS for SMMS to complete necessary repairs; (iii) a replacement Product of a similar type and of equal or greater value; or (iv) a refund of the purchase price for the Product (excluding shipping costs and fees). The sole and exclusive remedy for Customer under this warranty is specifically limited to the foregoing. SMMS will pay shipping costs related to replacement Products or components that are covered by the terms of this Limited Warranty. 

 

What other limitations, exclusions, and disclaimers apply? To the maximum extent permissible by law, this Limited Warranty is limited to the warranties expressly described in this document and its terms and limitations, and SMMS gives no other warranties and no guarantees. Except where otherwise expressly provided or required by law, the terms and conditions of this Limited Warranty are contained exclusively in this Limited Warranty, and no other agreement, provision, or statement, regardless of the origin of the same, shall be accepted as extending, adding to, subtracting from or otherwise altering the terms of this Limited Warranty. No warranty or guarantee given by any other person or entity with respect to the Product shall be binding on SMMS. Without limiting the foregoing, in no event shall any recovery, claim or action against SMMS, SMMS’s affiliates, subsidiaries, parents, employees, contractors, owners, managers, directors, successors, assigns, or sub-contractors exceed the actual purchase price for the Product actually received by SMMS.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMMS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF SMMS CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THIRTY (30) DAYS AND TO PROVISION OF REPLACEMENT COMPONENTS, REPLACEMENT OF THE PRODUCT, OR REFUND OF THE PURCHASE PRICE FOR THE PRODUCT (EXCLUDING ALL SHIPPING COSTS AND FEES) AS DETERMINED BY SMMS IN ITS SOLE DISCRETION. SMMS MAKES NO GUARANTEE OF ANY KIND OR NATURE, AND ANY GUARANTEE REQUIRED OR IMPLIED BY LAW SHALL BE LIMITED IN DURATION TO THE SHORTEST DURATION LEGALLY PERMISSIBLE AND TO PROVISION OF REPLACEMENT COMPONENTS, REPLACEMENT OF THE PRODUCT OR REFUND OF THE PURCHASE PRICE FOR THE PRODUCT (EXCLUDING ALL SHIPPING COSTS AND FEES) AS DETERMINED BY SMMS IN ITS SOLE DISCRETION.

 

EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE EXTENT PERMITTED BY LAW, SMMS IS NOT RESPONSIBLE FOR ANY 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; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, HOWSOEVER CAUSED. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. 

 

Without limiting the generality of the foregoing, Customer assumes all risk and liability for loss, damage or injury to Customer and Customer’s property and to any third parties and their property arising out of the use, misuse or inability to use the Product not caused directly by the negligence of SMMS. Customer agrees and acknowledges that SMMS’s disclaimers, exclusions, waivers and limitations of liability are reasonable in the circumstances and that SMMS would not enter into this transaction or offer any warranty at all if not for such disclaimers, exclusions, waivers and limitations. All disclaimers, exclusions, waivers and limitations shall survive as long as legally permissible.

 

How does state law apply?  Some countries, states and provinces do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so all of the above limitations or exclusions may not apply to Customer. In such circumstances this Limited Warranty shall be limited to the maximum extent permissible by law. This Limited Warranty gives Customer specific legal rights, and Customer may also have other rights that vary by country, state or province.

 

If any section, provision, clause, sentence or part thereof of this Limited Warranty is held to be void, invalid or unenforceable, it shall be deemed modified: first, in a way to carry out the intent of this Limited Warranty as originally written, and, second: to the minimum extent necessary to make it valid and enforceable, and the remainder shall not in any way be affected or impaired by such void, invalid or unenforceable provision. To the maximum extent allowable by law, Customer and SMMS hereby agree that this Limited Warranty shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflicts of laws provisions or the U.N. Convention on Contracts for the International Sale of Goods, and shall benefit SMMS, its successors and assigns. Any dispute or claim relating to this Limited Warranty shall be exclusively subject to jurisdiction and venue in the appropriate state or federal court located in Missoula County, State of Montana, and SMMS and Customer expressly agree to waive all objections to personal jurisdiction and venue in any action, suit or proceeding so commenced.

 

The terms and conditions of this Limited Warranty, together with the separate agreement between Customer and SMMS related to the acquisition of the Product, along with the following documents (if applicable) shall make up the entire agreement between Customer and SMMS with respect to the Product: SMMS’s Terms of Use Agreement, SMMS’s Privacy Policy, and any applicable Rental Agreement, Waiver of Liability and Release, or Demo Agreement, Waiver of Liability and Release.

 

What if Customer has questions regarding this Limited Warranty?

 

Contact SMMS via the “Contact Us” link at www.finnscooters.com or at the following information:

 

                              Sun Mountain Motor Sports, Inc. 

                              301 North First Street West 

                              Missoula, MT 59802

                              Telephone:  (833) FINNDOG (1-833-346-6364)

                              Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

Limited Warranty  (Version 20190815_2)