This warranty is provided by 5MDDesign Pty Ltd (ACN 93 358 400) trading as CarbonXScycles, PO Box 426, Tewantin QLD 4565, Australia. Contact: firstname.lastname@example.org or +61 429 992 934.
5MDDesign Pty Ltd offers the original purchaser of any CarbonXScycles bicycle purchased directly from 5MDDesign Pty Ltd, a warranty against defects in materials and workmanship, as specified below:
2 Year Warranty : Bicycle frame
1 Year Warranty : Suspension Forks
1 Year Warranty : All other original components made by 5MDDesign Pty Ltd.
All components not made by 5MDDesign Pty Ltd shall be covered exclusively by the stated warranty of their original manufacturer.Any defective part will be replaced free of charge.
Terms, Limitations and Exclusions
The above warranty does not suggest or imply that the bicycle cannot be broken or will last forever. The length of the life of the bicycle will vary depending on the type of the bicycle, riding conditions and care the bicycle receives.
The warranty extends from the date of purchase, applies only to the original owner, and is not transferable. The warranty applies only to CarbonXScycles purchased directly from 5MD Design Pty Ltd.
The bicycle must be in an assembled condition and accompanied by the purchase receipt or other proof of the date of purchase before a warranty claim can be processed.
The warranty is void if the rider’s weight exceeds 35kg/77lbs.
The warranty does not cover:
- Normal wear and tear.
- Improper assembly, improper follow-up maintenance or improper repair.
- Modifications or alterations from the original condition, including installation of components, parts, or accessories not originally intended for, or compatible with the bicycle as sold.
- Use of the bicycle for non-standard, abnormal, competition and/or commercial activities or for purposes other than those for which the bicycle was designed (including without limitation, jumping, aggressive riding, stunt riding, ramp jumping, dirt biking, bicycle motocross, acrobatics or use with a motor, or for similar activities to those just referred).
- Damage caused by failing to follow the owner’s manual.
- Personal injury to the user, damage to or failure of the bicycle due to accident, improper assembly or improper maintenance, misuse, abuse, neglect or theft or where the bicycle is subject to abnormal, excessive, or improper conditions.
- The cost of travel or shipment of the bicycle to and from 5MDDesign Pty Ltd for replacement or repair.
5MDDesign Pty Ltd advises bicycle riders must should wear appropriate safety equipment when riding. In Australia an Australian Standard approved bicycling helmet is required when bicycling.
The Purchaser’s attention is drawn to the following:
- This bicycle is only designed and intended for the purpose of standard riding, including being ridden on rough trails, over small obstacles (for example, roots, rocks, and muddy sections), smooth technical sections and areas where momentary loss of tyre contact with the ground may occur. It is specifically NOT designed or intended for any other uses including jumping, stunt riding, bicycle motorcross, aggressive riding, ramp jumping, dirt biking, acrobatics or use with a motor, or for similar activities to those just referred;
- This Warranty is given by 5MDDesign Pty Ltd in addition to any consumer guarantees implied by law which cannot be excluded. To the extent permitted by law and as part of the terms of the sale of the bicycle or part:
- 5MDDesign Pty Ltd shall not be liable for any form of loss, damage, cost, injury or harm (including death) of any kind (including indirect, incidental and consequential loss or damage caused by negligence or default) howsoever arising from or concerning any CarbonXScycles bicycle, other than as set out in this warranty or as required by applicable consumer guarantee laws;
- The Purchaser holds 5MDDesign Pty Ltd harmless from any such loss, damage or cost;
- The Purchaser agrees that in the event the bicycle user is injured or his or her property is damaged the Purchaser will bring no claim, legal or otherwise, against 5MDDesign Pty Ltd in respect to that injury or damage; and
- The Purchaser and 5MDDesign Pty Ltd agree to exclude any warranty implied by law to the extent which such warranties may lawfully be excluded by agreement.
- Repaired or replaced products are covered for the remainder of the original warranty period.
Your Consumer Rights
The benefits given to you under this warranty are in addition to, and do not detract from, other rights and remedies that you may have in respect of your CarbonXScycles bicycle under Australian laws, including the Australian Consumer Law. Our bicycles come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the bicycle repaired or replaced if the bicycle fails to be of acceptable quality and the failure does not amount to a major failure.
How To Make Claim
To enable CarbonXScycles to investigate your warranty claim as quickly as possible, please email the following information to email@example.com:
- Name, address, phone number
- Bicycle serial number
- Detailed description of defect
- Clear images showing:
- Complete assembled bike
- Bicycle Serial number
- Area of bicycle with manufacturing defect
- Proof of purchase.
For your child’s safety, please read and comply with the Owner’s Manual included with your purchase.
This website and its contents are for information purposes only. You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site may contain errors and inaccuracies and may not be complete and current. 5MDDesign Pty Ltd makes no representations or warranties of any kind, express or implied as to the operation of this site or the content, materials or products included on this site, except as otherwise provided under applicable laws.
Neither 5MDDesign Pty Ltd, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
This site is operated and controlled by 5MDDesign Pty Ltd. Your use of this site is governed by, construed and enforced in accordance with the laws of Queensland, Australia. This site may be accessed throughout Australia and overseas. 5MDDesign Pty Ltd makes no representations that the content of this site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.