LIMITED CONVENTIONAL WARRANTY
applicable to Campagnolo® EPS complete transmissions only
1. CONDITIONS FOR THE VALIDITY AND EFFECTIVENESS OF THIS LIMITED WARRANTY
- 1.1 Campagnolo s.r.l., with registered offices at no. 4 Via della Chimica, 36100 Vicenza, Italy (hereinafter referred to as “Campagnolo”) hereby grants to the original retail purchaser - that is to say the first end-user purchaser - of all the components constituting a Campagnolo® EPS transmission group (hereinafter referred to as the “Customer”) the right to benefit from this limited conventional warranty (the “Limited Warranty”) subject to the terms and conditions set forth hereinafter.
1.2 The components of Campagnolo® EPS transmissions have been designed as a single integrated system and provide the optimum levels of safety, performance, durability and functioning only where interfaced with other Campagnolo® EPS components. Therefore, the validity, effectiveness and operation of this Limited Warranty are subject to, and conditional upon the occurrence of ALL the following terms and conditions:
- (i) the Customer shall give adequate evidence (through the original invoice, receipt or other documentation acceptable to Campagnolo) that he has purchased, installed on a single bike and used an entire Campagnolo® EPS transmission group, complete with all its 9 (nine) components (shifters, front derailleur, crankset, chain, rear derailleur, sprockets, power system, interface system and battery charger);
- (ii) the Customer shall have registered his name, within 8 (eight) days from the purchase date, on the 11speedowner website accessible from the web page www.campagnolo.com; and
- (iii) the Customer shall give adequate evidence that, during the Limited Warranty Period (as defined in Paragraph 3.2 hereof), all EPS components referred to in letter (i) above which needed substitution due to wear and tear have been replaced by the Customer with equivalent Campagnolo® EPS original components.
- 1.3 Should the Customer not satisfy all the above-listed conditions, this Limited Warranty shall be null and void, and will not be regarded as ever having come into force. In such a case, the components of Campagnolo® EPS transmissions purchased by the Customer may be covered by Campagnolo’s limited conventional warranty (if any) offered by Campagnolo and enclosed in such components’ packaging, provided all terms and conditions of that warranty are satisfied.
- 1.4 This Limited Warranty does not affect the rights provided for towards the seller in favour of the consumer under the applicable legislation on the sale of consumer goods (for purchases made in Italy: articles 130 and seq. of the Italian Consumer Code).
- 2.1 Subject to all terms and conditions set forth herein, Campagnolo hereby warrants that each component of the Campagnolo® EPS transmission (hereinafter the “Product”) purchased by the original retail Customer is free from defects in materials and workmanship. Therefore, should any Product be acknowledged as defective by Campagnolo, it will be repaired or replaced, at Campagnolo’s sole discretion, free of charge, by an authorized Campagnolo Pro-Shop in compliance with provisions of article 3 herebelow.
- 2.2 This Limited Warranty shall only apply in favour of the original retail purchaser (“Customer”), that is to say the first end-user purchaser of the Product. This Limited Warranty is not assignable and it shall forthwith cease to be effective should the Product be transferred by the Customer to any third party.
3. CONTENTS AND DURATION OF THE LIMITED WARRANTY
3.1 This Limited Warranty only applies to original defects in material and/or workmanship of the Product, under normal use, provided such defect are timely reported by the Customer to Campagnolo during the validity period of this Limited Warranty in compliance with the provisions of Art. 3.2 below. In particular, without limitation, the coverage offered by this Limited Warranty shall not apply to:
- a) any Products whose identification markings (serial number, production batch, product code, etc.) have been removed or tampered with;
- b) any Products that have reached the end of their normal useful life cycle;
- c) any defects in the Products which may result from accidents, tampering, negligence, abuse or improper use, lack of appropriate or reasonable maintenance, corrosion, incorrect or incomplete assembly of even just one component, repairs made inappropriately or spare parts improperly assembled, use of incompatible spare parts or accessories, use of the Product with incompatible components, modifications not recommended or not approved in writing by Campagnolo, normal wear and tear due to Product use;
- d) any aesthetic imperfections affecting the surface, finishing or appearance of the Product which were evident (or should have been reasonably noticed) at the time when the Product was purchased;
- e) any defects in the Products which occurred during shipment or transport of the Products;
- f) lubricants, brake pads and other consumable materials comprising the Product;
- g) any costs relating to the shipment of the Product to and from an authorised Campagnolo® Pro-Shop;
- h) labour costs required to remove the Product from the bicycle;
- i) any compensation for disruption or lack of use of the Product whilst it is being repaired or replaced;
3.2 The validity period of this Limited Warranty shall be:
- (i) as for shifters, front derailleur, crankset, chain, rear derailleur, sprockets, interface system and battery charger: 3 (three) years
- (ii) as for the power system: 2 (two) years, both such terms running from the date of retail sale to the Customer of the entire Campagnolo® EPS transmission group, complete with all its components (hereinafter the “Limited Warranty Period”), duly certified by means of production of the relevant invoice or receipt. NOTE: The entire EPS transmission group must be purchased simultaneously in order to qualify for this Limited Warranty. Components purchased over time do not qualify. The Limited Warranty granted hereunder on each component constituting the entire Campagnolo® EPS transmission group shall immediately terminate and cease to be effective upon expiration of the relevant Limited Warranty Period, as set forth above.
- 3.3 Customer shall examine the Product immediately upon purchase in order to verify the existence of any possible defects covered by or excluded under this Limited Warranty. The customer shall notify, in writing, an authorised Campagnolo Pro-Shop (Pro-Shops are listed in the catalogues and on our website www.campagnolo.com) of such defect within eight (8) days of the purchase date. In the case of latent defects, within eight (8) days, of the date they should have been discovered. Failure to notify Campagnolo as provided herein will result in a forfeiture of any and all warranty coverage for such defect.
- 3.4 In case of timely notification by the Customer of any defects in the Product in accordance with article 3.3 above, the Product shall be examined by Campagnolo. Should the existence of the defect be acknowledged by Campagnolo, the Product shall, at Campagnolo’s sole discretion, be repaired or replaced free of charge by the Pro-Shop.
- 3.5 The Limited Warranty on any Product (or component thereof) replaced or repaired in accordance with article 3.4 above, shall remain in force only until the expiration date of the original Limited Warranty Period granted in relation to the defective Product initially purchased by the Customer. The original term of this Limited Warranty shall not be enlarged or extended in any way.
- 3.6 Campagnolo shall be at any time entitled to suspend the production of any Products and/or to modify the relevant technical specifications, without any prior notice being due to the Customer in relation thereto. In case of return of a defective Product to Campagnolo pursuant to the provisions of this Limited Warranty, Campagnolo shall not be bound to incorporate into such Product any new characteristics or specifications developed by Campagnolo after the date of sale of said Product to the Customer. Campagnolo shall be further entitled to replace any defective parts with similar parts (having the same efficiency and functionality) in case the original spare parts are no longer available.
- 3.7 No Campagnolo retailer, agent, employee or Pro-Shop is authorised to amend, extend or otherwise modify the contents and scope of this Limited Warranty.
- 3.8 The provision by Campagnolo of any warranty service or intervention under this Limited Warranty in relation to a Product, shall not constitute, nor shall it be understood as an admission or implicit recognition by Campagnolo of the existence of any endemic design or manufacturing defects in the Product or similar products.
- 3.1 This Limited Warranty only applies to original defects in material and/or workmanship of the Product, under normal use, provided such defect are timely reported by the Customer to Campagnolo during the validity period of this Limited Warranty in compliance with the provisions of Art. 3.2 below. In particular, without limitation, the coverage offered by this Limited Warranty shall not apply to:
4. EXCLUSIVITY, PREVALENCE, DISCLAIMER AND DAMAGES
- 4.1 THIS LIMITED WARRANTY SUPERSEDES ANY AND ALL PRIOR ORAL, EXPRESS OR WRITTEN WARRANTIES, STATEMENS OR UNDERTAKINGS AND REPRESENTS THE SOLE WARRANTY OFFERED BY CAMPAGNOLO TO THE CUSTOMER IN RELATION TO THE PRODUCT. ANY AND ALL WARRANTIES NOT EXPRESSLY CONTAINED IN THIS AGREEMENT ARE SPECIFICALLY EXCLUDED. EXCEPT AS EXPRESSLY PROVIDED BY THIS LIMITED WARRANTY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CAMPAGNOLO SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE USE OF THE PRODUCT OR A CLAIM UNDER THIS AGREEMENT, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR BY OPERATION OF LAW OR STATUTE, OR OTHERWISE, AND THEY ARE EXPRESSLY WAIVED BY THE CUSTOMER. THE FOREGOING STATEMENTS OF WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you. THIS LIMITED WARRANTY IS IN ANY CASE WITHOUT PREJUDICE TO THE RIGHTS PROVIDED FOR TOWARDS THE SELLER IN FAVOUR OF THE CONSUMER UNDER THE APPLICABLE LEGISLATION ON THE SALE OF CONSUMER GOODS (FOR PURCHASES MADE IN ITALY, ARTICLES 130 AND SEQ. OF THE ITALIAN CONSUMER CODE).
- 4.2 ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, BY STATUTE OR OTHERWISE, ARE HEREBY STRICTLY LIMITED TO THE TERM OF THIS WRITTEN LIMITED WARRANTY. THIS AGREEMENT SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE PURCHASER WITH RESPECT TO THIS PURCHASE. IN THE EVENT OF ANY ALLEGED BREACH OF ANY WARRANTY OR ANY LEGAL ACTION BROUGHT BY THE PURCHASER BASED ON ALLEGED NEGLIGENCE OR OTHER TORTUOUS CONDUCT BY CAMPAGNOLO, THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY WILL BE REPAIR OR REPLACEMENT OF DEFECTIVE MATERIALS AS STATED ABOVE.
5. APPLICABLE LAW AND JURISDICTION
- 5.1 This Limited Warranty is governed by and shall be construed in accordance with the laws of Italy, with express exclusion of the provisions of the 1980 Vienna Convention on the International Sale of Goods.
- 5.2 Any dispute that may arise between Campagnolo and the Customer deriving from, or in any case related to this Limited Warranty or use by the Customer of the Product, shall be submitted to the exclusive jurisdiction and sole venue of the Courts of Vicenza, Italy. If any portion of this Limited Warranty is invalidated or declared not effective, such provision shall be considered reformed or deleted, but only to the extent necessary to comply with existing law. The remaining portions of the warranty remain in full force and effect. In the event Campagnolo prevails in any court action, you agreed to reimburse Campagnolo for the expenses, including attorney’s fees and expenses of litigation, incurred by Campagnolo in defending against your claim.
6. OTHER RIGHTS, ENTIRE AGREEMENT
- 6.1 Your acceptance of delivery of the warranted Campagnolo product constitutes your acceptance of the terms of this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
- 6.2 This document contains the entire warranty given by Campagnolo in respect to your Campagnolo Product and there are no terms, promises, conditions or warranties regarding your Product other than those contained herein. Campagnolo specifically does not authorize any person to extend the time or scope of this Limited Warranty, or to create or assume for Campagnolo any other obligation or liability with respect to Campagnolo® Products.
- 7. WARNING Campagnolo recommends that Customers carry out all product installation, use and maintenance procedures in strict compliance with the Product instructions attached to the Products, which instructions are also available for consultation and download from our website www.campagnolo.com. Failure by the Customer to comply with such procedures may cause damages to the Products and may even result in an accident with possible serious injuries to the Customer and/or third parties.