WARRANTY TIMELINES

Spooky Cycles warrants its products to the free from defects in materials or workmanship for the following periods from the original date of purchase to the original purchaser:

Frame products: Two (2) years

Accessories: One (1) year

Soft Goods: Ninety (90) days

WARRANTY DISCLOSURE

Any Spooky Cycles product that is found by Spooky Cycles to be defective in materials or workmanship will be repaired or replaced at the discretion of Spooky Cycles. This warranty is void if the frame is modified or damaged from a failure resulting from misuse, abuse, neglect, normal and reasonable wear and tear, crash or impact, failure to perform routine maintenance as instructed, improper installation, or use other than that for which the product was intended.

In order to make a warranty claim, the Spooky Cycles product alone (i.e., not including any other equipment such as cassettes, skewers, steering tubes, etc.), together with a copy of the original receipt showing the date of purchase of the product, must be returned to Spooky Cycles at the address set forth on this Site (www.wearespooky.com) postage prepaid. If a defect is found, our entire liability and your sole remedy shall be, at our option, free repair or replacement of the Spooky Cycles product. Spooky Cycles shall not be held liable for any indirect, special, punitive, or consequential damages. The warranty does not cover any Spooky Cycles product where the serial number has been altered or removed.

To the fullest extent permitted by applicable law, this written express limited warranty is in lieu of all other warranties, implied or expressed, and does not cover any representation or warranty made by dealers beyond the provisions of this warranty. If any implied warranties exist by applicable law, such implied warranties shall be limited to the duration of the express limited warranty for the product. Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of certain warranties or limitation of liability for certain types of damages. Therefore, the above limitations may not apply to you or there may be laws of a state or foreign country that supersede the above. Any clause of this limited warranty or any disclaimer or limitation of liability contained herein that is declared invalid shall be deemed severable and not affect the validity or enforceability of the remaining clauses. You are strongly encouraged to register your Spooky Cycles product with Spooky Cycles within thirty (30) days of the original date of purchase. Registration will assist us in processing your warranty claim and in expediting our response.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE NOTED IN CONNECTION WITH PARTICULAR PRODUCTS, THIS SITE AND ALL CONTENT, SERVICES, AND PRODUCTS MADE AVAILABLE THROUGH, OR SHOWN ON, THIS SITE ARE PROVIDED BY SPOOKY CYCLES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPOOKY CYCLES DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. SPOOKY CYCLES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS SITE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOOKY CYCLES WILL NOT BE LIABLE FOR INJURY, HARM, WRONGFUL DEATH, LOSS, DAMAGES, LOST PROFITS, OR LOST OPPORTUNITY, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR ANY OF ITS MATERIALS, OR RELIANCE ON ANY INFORMATION CONTAINED HEREIN, EVEN IF SPOOKY CYCLES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPOOKY CYCLES’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO SPOOKY CYCLES, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE. BY USING THIS SITE OR SPOOKY CYCLES PRODUCTS YOU FURTHER AGREE TO RELEASE, DISCHARGE, DEFEND, HOLD HARMLESS, AND INDEMNIFY SPOOKY CYCLES AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND HEIRS FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY FOR ANY SUCH INJURY OR DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES, BODILY INJURY, AND PROPERTY DAMAGE, REGARDLESS OF WHETHER SPOOKY CYCLES MAY BE WHOLLY OR PARTLY NEGLIGENT OR OTHERWISE AT FAULT. SOME U.S. STATES AND FOREIGN COUNTRIES PROVIDE RIGHTS IN ADDITION TO THOSE ABOVE OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR THERE MAY BE STATE PROVISIONS THAT SUPERSEDE THE ABOVE. ANY CLAUSE OF THIS DISCLAIMER OR LIMITATION OF LIABILITY DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING CLAUSES.

THIS WARRANTY DOES NOT COVER

Any damage resulting from normal wear and tear, including the results of fatigue. It is the owner’s responsibility to inspect his or her bicycle before each and every ride. Any damage, failure or loss caused by abuse, neglect, improper repair, improper maintenance, alteration, modification, an accident or other abnormal, excessive, or improper use, including, but not limited to, stunt riding, ramp jumping, acrobatics or other similar activities, or in any other manner for which the bicycle was not designed.

Any bicycle or frameset purchased by mail order or via the internet other than directly from wearespooky.com

The original owner shall pay all labor charges connected with the repair or replacement of the frame. Cost of shipment or transportation to or from an Spooky Cycles are specifically excluded and not covered by this Warranty.

Assembly and adjustment of the frameset and component parts must be completed by an authorized dealer or Spooky Cycles. Framesets and/or bicycles which are not assembled and adjusted either by an authorized Spooky dealer or Spooky or other outlets specifically authorized by Spooky are specifically excluded and not covered by this Warranty.