KRATOS MOTORSPORTS’ WARRANTY TERMS AND CONDITIONS
Limited Warranty Agreement
This document describes the limited warranty agreement (‘Warranty’) of the sales organization Kratos Motorsports Sdn Bhd (hereinafter referred to as KMSB) regarding your (hereinafter referred to as the ‘Buyer’) purchase of products either from our in house or on-line channels (eg: Website, fb and/or any other official KMSB channels.
The agreement is subject to the conditions described below and subject to the attached conditions (‘Conditions limited warranty’). KMSB is not obliged to notify any Buyer, or future Buyer, after a certain date about any possible amendments or the non-applicability of this limited warranty regarding the supplied products (hereinafter referred to as the ‘Products’). The Warranty as described below is subject to the limits and other herein described conditions and is subject to the conditions as attached to this document (‘Conditions limited warranty’). This warranty only applies to a sales agreement between KMSB and the Buyer in case it is referred to.
- Limited Warranty Period
Each Motorcycle Suspension product sold by KMSB comes with a warranty of 1 year starting from the date of purchase as stated in the purchase document or receipt.
- Special Conditions
- The warranty period comes into effect on KMSB’s date of invoice.
- The warranty only concerns products that are applied according to their ‘intended use’ or ‘normal use’, which means:
- For all products, installed according to the installation manual, included in the packaging and available online on KMSB’s website.
- The conditions of use are consistent with the information on the Products and the packaging.
- Malfunctions as a consequence of improper installation or operation beyond the specified usage limits, are not covered by this Warranty, and this Warranty is void for and does not apply to this type of malfunctions as a consequence.
- Inappropriate use of accessories, straps, clamps, brackets and others that are not part of the original product shall deem this warranty void.
- The Products have been purchased directly from KMSB or any authorized dealer. This warranty shall not cover items purchased from any other source outside the KMSB network. (Eg: Independent purchase from ebay or Amazon is not covered etc)
- Proof of Product purchase shall be made available for inspection by KMSB before any warranty process is started.
- An adequate administration of the operation history is kept, which is available for inspection by KMSB.
- The Buyer may not rely on any other information or documentation.
CONDITIONS OF WARRANTY
- Limited Warranty
This warranty extends only to products with KMSB home brand, subsidiary brand Core Motorcycleworks or third party products sold by KMSB. The warranty exclusively concerns the party (hereinafter referred to as ‘Buyer’) that purchases the products from KMSB directly or any of its Authorised Dealers.
KMSB warrants that every Product be free of defects in material and production errors. The above warranty is valid for the period as mentioned in the applicable warranty agreement for the Products mentioned in your sales agreement. When a Product does not function conform this warranty, KMSB shall initiate a warranty claims process upon request by the customer with due observance to the applicable warranty policy and the conditions of the limited warranty as described in this document.
- KMSB’s warranty applies only to the Buyer. If a Product under warranty is returned by Buyer in compliance with section 3 and within the applicable warranty period as described in the warranty agreement and after investigation KMSB decides with certainty that Product does not fulfil these requirements, KMSB will, at its choice, repair or replace the Product or its defective part, or refund the purchase price (less admin costs) to the Buyer.
- For the sake of clarity, ‘repair or replace the Product or its defective part’ does not include removal- or installation work, costs or expenses which include but are not limited to labour costs or expenses. If KMSB decides to replace the product and this is not possible as it is no longer in production or available, KMSB can refund the Buyer or replace the Product with a comparable product (with possible minor deviations in design and product specifications).
- No agent, distributor, or dealer is authorized to modify, adapt, or extend these warranty conditions. Buyers are advised to choose their installation location wisely as this warranty shall not cover installation practices of Dealers either authorised or otherwise. Self-installation of products by Buyer shall also invoke self-responsibility for the said installation.
- This warranty only applies if the Product installed correctly by KMSB or it’s authorised dealers and is used within the operating range and conditions as indicated in the specifications, application guidelines, user manuals or documents provided with the Product. If a Product is deemed to be faulty, or does not function in correspondence to the product specifications, the Buyer must inform KMSB in writing.
- KMSB will facilitate the trouble shooting and technical solution of problems found.
- This warranty does not apply to damage or breach of contract as a consequence of force majeure or abuse, incorrect use, abnormal use, or use in violation of an applicable standard, code, or user instructions, which include but are not limited to, as set out in the most recent industry standards.
- This warranty is void if any person has performed or applied repairs or adjustments to the Product, which KMSB has not duly authorized in writing. The production date of the Product needs to be clearly legible. KMSB retains the right to take the final decision regarding the validity of a repair claim.
- KMSB reserves the right that non-compliant or defective Products (or parts thereof) become property of KMSB after replacement for further investigation.
- Warranty Claims and Process
All mentioned warranty periods are under the condition of access to the Product or system by a KMSB representative to verify possible non-conformance. Claims under warranty must be reported and returned to KMSB’s in writing within 30 days from the date of detection, Warranty issues shall be submitted via email to firstname.lastname@example.org and need to specify at least the following information (additional information can be requested):
- Details of the defective Products (eg: K-tech Razor III, Rizoma BS152 Mirrors or Nitron R3 Shock)
- Details of the motorcycle that product was installed (ie Bike Brand, model and year of manufacture);
- Installation date, invoice date;
- Detailed problem description,
- Riding activities (Eg Commuter only, Commuter and Track day or Race)
- Photos (and videos if possible) of defective product.
When a warranty claim is justified, KMSB will pay for shipping expenses. KMSB can charge Client for returned Products that are not found to be defective or non-conforming, in addition to shipping-, test-, and handling costs associated therewith.
Once the email is received KMSB shall at its discretion make available a suitable slot time appointment to inspect the product and the motorcycle if needed. The steps for the investigation process are as follows:
- Preliminary Investigation and Troubleshooting
- Full Disassembly Investigation
- Repair and Rectification (upon confirmation of defect detected from previous steps)
- Returning Product to Buyer
- No Implied Or Other Warranties
- The warranties and remedies included in this warranty contain the only warranty given by KMSB with regard to the Products and are in lieu of all other warranties, expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, which warranties are hereby rejected.
- If KMSB has repaired or replaced a Product no new warranty period will commence, but the remainder of the original warranty period will continue to apply.
- These conditions set out KMSB’s entire liability and obligation to Buyer and the sole and exclusive remedy of Buyer related to defective or non-conforming Products delivered to Buyer by KMSB, regardless whether this damage is based on a warranty not explicitly mentioned in these conditions, tort, contract, or other legal theory, even if KMSB has been advised or is aware of these defects.
- Limitations and Conditions
This is a limited warranty, and is further defined by the limitations and conditions set out in the relevant warranty agreement and these conditions.
- KMSB representatives will be granted access to the defective Product, system, or application if requested, to verify possible non-conformance.
- KMSB shall not be liable for which excludes, among others: installation, provide access to products and special, incidental, and consequential damage or losses (such as loss of revenue or profits, time, missed opportunity, damage to property or other costs not previously mentioned),
- KMSB shall not be liable for expenses (whether or not by or of third parties) which have been made by Buyer without having notified KMSB of the defective Products and without KMSB’s written permission to make expenses.