TERRA BIKES LLC LIMITED WARRANTY

 

Every new electric motorcycle purchased from TERRA BIKES L.L.C. (“Terra,” “we,” “us,” or “our”) comes with a Limited Warranty for the original owner. To ensure full warranty coverage, please retain your original purchase receipt and complete the product registration.

 

1. WARRANTY 

a.         Subject to the terms, conditions, and limitations set forth herein, TERRA BIKES warrants to the original retail purchaser that the motorcycle’s frame, suspension, electronics, and battery will be free from defects in design, materials and workmanship under normal use and service for a period of one (1) year from the date of delivery (“Limited Warranty”). This Limited Warranty applies only to defects that existed at the time of delivery and covers the battery, motor, controller, display, and sensors.

b.         Like all rechargeable batteries, the TERRA BIKES battery pack will naturally experience a reduction in capacity over time as it undergoes charge and discharge cycles. This warranty does not cover damage resulting from power surges, use of an improper charger, water intrusion, improper maintenance, misuse, or normal wear.

c.          This Limited Warranty is valid only for the original purchaser and is non-transferable. No other remedies, including compensation for incidental or consequential damages or loss of use, are available under this Limited Warranty. The warranty period will not be extended or renewed by the provision of warranty service or replacement.

2. REMEDIES 

a.         If the original retail purchaser notifies TERRA BIKES, an authorized dealer, or the retail location where the motorcycle was purchased of a warranty claim within thirty days of a covered defect becoming known while the motorcycle is within the applicable warranty period, TERRA BIKES will evaluate the claim. The purchaser is responsible for transportation (including shipping) of the motorcycle or affected component to the location designated by TERRA BIKES.

b.         If TERRA BIKES determines that the reported defect is covered under the Limited Warranty, TERRA BIKES will, at its sole discretion, repair or replace the defective part at no charge to the purchaser and will reimburse the purchaser for reasonable shipping costs incurred.

c.          If TERRA BIKES determines that the defect is not covered under the Limited Warranty, the purchaser will be responsible for all repair or replacement costs, as well as all associated shipping costs.

3. REQUIREMENTS FOR LIMITED WARRANTY ELIGIBILITY

a.         The original purchaser provides proof that the motorcycle was purchased from TERRA BIKES or an authorized dealer or distributor. 

b.         The individual seeking warranty service is the original and first owner of the motorcycle; the warranty is non-transferable. 

c.          The motorcycle has been used, operated, and maintained in accordance with its intended purpose and Terra’s published guidelines. 

d.         The electronic components — including connectors, wiring, and cables — have not been altered, repaired, or modified in any way.

4. EXCLUSIONS - THIS LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:

a.         Normal wear and tear of the product.

b.         Damage or failure resulting from abuse, neglect, misuse, or accidents.

c.          Damage caused by off-road use, stunt riding, ramp jumping, acrobatics, racing, or any activity inconsistent with the motorcycle’s intended use.

d.         Damages resulting from improper charging of the battery pack or use of any charger not supplied or approved by TERRA BIKES or its authorized dealers.

e.         Paint damage, cosmetic damage, rust or corrosion.

f.            Damage caused by water intrusion, including but not limited to rain exposure, flooding, submersion, high-pressure washing, or excessive moisture.

g.          Installation or use of any third-party parts, accessories, or electrical or mechanical components.

h.         Components that have been modified, altered, tampered with, or repaired without authorization, including but not limited to tires, brake pads, chains, lights, motors, battery packs, displays, controllers, wiring, and connectors. 

i.            Damage associated with commercial use, rental operations, or any non-personal use. j.      Lost or damaged keys.

k.          Damage caused by stunt riding, racing, or other abusive treatment.

l.            Products with VIN/serial numbers or barcodes that have been removed, defaced, altered, damaged, or rendered illegible.

m.      Defects or damage caused by failure to follow any instructions, warnings, or guidelines provided in the owner’s manuals or product documentation.

n.         Products purchased or used outside the United States.

5. WARRANTY-VOIDING CONDITIONS  

In addition to the exclusions listed above, this Limited Warranty will be void under any of the following circumstances:

a)         The motorcycle is used for any purpose other than its reasonable and intended use. 

b)         Any electrical components are repaired, modified, or serviced by a person not authorized by TERRA BIKES.

Please note, this Limited Warranty is a consumer warranty and does not apply to products used for commercial purposes or in rental operations.

 

6. WEAR AND TEAR 

Certain components of your motorcycle are subject to normal wear due to their function. The rate of wear depends on factors such as care, maintenance, mileage, climate, storage conditions, and road or terrain conditions. Motorcycles stored outdoors or exposed to weather may experience accelerated wear. For safety, these parts must be inspected regularly and replaced once they reach their wear limit. Wear items include, but are not limited to:

a.         Drive chain or toothed belt

b.         Brake cables

c.          Brake pads

d.         Brake disc rotors

e.         Rubber hand grips

f.           Sprockets, pinions, or toothed belt discs

g.         Wheels (tires, inner tubes, rims, and spokes)

h.         Bearings in the frame, headset, and wheels

i.           Seals or other gaskets.

Brake pads and brake disc rotors are consumable components and will wear through normal operation. Their condition must be checked regularly and replaced as needed by a qualified technician. Brake disc rotor thickness should be inspected during routine service intervals and replaced when worn beyond specification. Replacement of these parts due to wear is not covered under this Limited Warranty.

Environmental exposure and operating conditions may also cause wear on moving parts. These areas must be cleaned, lubricated, and maintained regularly. Depending on usage, certain components may require replacement when wear becomes evident (e.g., developing bearing play).

Before arranging any repairs, you must contact TERRA BIKES or your local bike/motorcycle shop to ensure the most efficient and cost-effective resolution. All shipping, disassembly, and service instructions provided by TERRA BIKES or an authorized dealer must be followed. Failure to follow these instructions may result in denial of warranty service.

Failure to comply with required assembly specifications, maintenance procedures, and inspection intervals may void this Limited Warranty. Parts that require replacement due to normal wear are not covered under this Limited Warranty.

 

7. OTHER LIMITS TO THIS LIMITED WARRANTY. 

EXCLUSIVITY OF WARRANTY

THIS LIMITED WARRANTY SETS FORTH THE FULL EXTENT OF TERRA BIKES’ RESPONSIBILITIES AND THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE MOTORCYCLE, WHETHER BASED ON WARRANTY, STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY), INDEMNITY, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE BASIS.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY TERRA BIKES REGARDING THE MOTORCYCLE AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, OR REMEDIES, WHETHER WRITTEN, ORAL, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TERRA BIKES DOES NOT WARRANT OR REPRESENT THAT THE MOTORCYCLE OR ANY COMPONENT WILL MEET ANY OR ALL OF THE CUSTOMER’S PARTICULAR REQUIREMENTS. ANY TERMS OR CONDITIONS INCONSISTENT WITH THIS LIMITED WARRANTY THAT MAY APPEAR IN THE CUSTOMER’S PURCHASE ORDERS, CONFIRMATIONS, SPECIFICATIONS, OR OTHER DOCUMENTS ARE EXPRESSLY REJECTED AND SHALL HAVE NO FORCE OR EFFECT.

THE CUSTOMER ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY STATEMENT, REPRESENTATION, OR WARRANTY MADE BY ANY EMPLOYEE, AGENT, DEALER, OR REPRESENTATIVE OF TERRA BIKES THAT IS NOT EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NO INFORMATION CONTAINED IN ASSEMBLY INSTRUCTIONS, PRODUCT LITERATURE, OR ADVERTISING MATERIALS SHALL BE CONSTRUED AS A WARRANTY OF ANY KIND.

NO AGENT, EMPLOYEE, DEALER, REPRESENTATIVE, OR RESELLER IS AUTHORIZED TO MODIFY OR EXTEND THIS LIMITED WARRANTY OR TO MAKE ANY BINDING REPRESENTATIONS REGARDING THE MOTORCYCLE. NO MODIFICATION, ALTERATION, OR WAIVER OF THE LIMITATIONS AND DISCLAIMERS IN THIS LIMITED WARRANTY SHALL BE VALID UNLESS IN A WRITING SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF TERRA BIKES.

LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERRA BIKES AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, MANUFACTURERS, AND SUPPLIERS, SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY:

•       LOSS OF USE

•       INTERRUPTION OF BUSINESS

•       LOSS OF REVENUE OR PROFITS

•       LOSS OF GOODWILL

•       WORK STOPPAGE

•       IMPAIRMENT OF OTHER GOODS

•       COST OF SUBSTITUTE PRODUCTS

•       INCREASED OPERATING COSTS

•       CLAIMS BY THE CUSTOMER’S CUSTOMERS

•       OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AGGRAVATED, PUNITIVE, OR RELIANCE DAMAGES.

HOWEVER, ARISING AND WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), MISREPRESENTATION, OR ANY OTHER THEORY, EVEN IF TERRA BIKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

STATE LAW RIGHTS

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

             

8. DISPUTE RESOLUTION 

We strive to keep our customers satisfied and will make every reasonable effort to resolve any concerns relating to your product or a claim under this Limited Warranty.

BY PURCHASING OR USING THE PRODUCT, YOU AGREE THAT ANY AND ALL DISPUTES WITH TERRA BIKES ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR FROM THE SALE, VALUE, CONDITION, OR PERFORMANCE OF THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY

THROUGH FINAL AND BINDING ARBITRATION, AND NOT IN A COURT OF LAW OR BEFORE A JURY. 

BY AGREEING TO ARBITRATION, YOU ARE WAIVING IMPORTANT RIGHTS, INCLUDING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN A LAWSUIT IN COURT.

Arbitration will be conducted before a single arbitrator whose award shall not exceed the relief permitted under applicable law. The arbitration will proceed under the JAMS Denver consumer arbitration rules and procedures, or other comparable rules appropriate for consumer disputes.

This arbitration agreement is made pursuant to the Federal Arbitration Act, and the substantive laws of the State of Colorado, excluding its conflict-of-law principles, will govern the interpretation of this Limited Warranty and all disputes subject to arbitration. The arbitrator will have exclusive authority to resolve all issues of interpretation relating to this Limited Warranty and this arbitration provision.

CLASS ACTION WAIVER: 

Any dispute subject to arbitration must be resolved on an individual basis only. Disputes may not be combined, consolidated, or joined with those of any other person or entity. Under no circumstances may a dispute proceed as a class action, collective action, private attorney, general action, or any other representative action. The arbitrator has no authority to award class-wide or collective relief.

 

9. CUSTOMER INQUIRIES 

For all inquiries on warranty and returns, please contact us at: info@terrabikes.com