Warranty

Moto Trainer Simulators are covered by a 2 year (730) day limited warranty subject to the following terms and conditions.

Warranty Coverage

Moto Trainer Australia Pty Ltd warranty obligations are limited to the terms set forth below:

Moto Trainer Australia Pty Ltd warrants the Moto Trainer simulator hardware parts against defects in materials and workmanship under normal use for a period of TWO YEARS (730) DAYS from the date of retail purchase by the original end-user purchaser (the “Warranty Period”). Moto Trainer Australia Pty Ltd does not provide any warranty whatsoever, express or implied, with respect to normal wear and tear, accidents, acts of God, viruses, self-installed software, after-market products, modified Moto Trainer Australia Pty Ltd products (except those which were modified by Moto Trainer Australia Pty Ltd) or on any item, including software, hardware or component parts, not manufactured by or for Moto Trainer Australia Pty Ltd, and other exceptions as set forth below. All warranties become null and void if the hardware component is opened for any reason, including for attempts at repair, unless performed by the manufacturer or as directed by and under the supervision of Moto Trainer Australia Pty Ltd. If a warranty defect arises and a valid claim is received by Moto Trainer Australia Pty Ltd within the Warranty Period, Moto Trainer Australia Pty Ltd will, in its sole and unfettered discretion, and at its sole option, either exchange the part with a new, used or refurbished part that is at least functionally equivalent to the original part. A replacement part shall have the warranty remaining on the original part. When a part is exchanged, any replacement item becomes your property and the replaced item becomes Moto Trainer Australia Pty Ltd’s property. Shipping and labour charges are not included in this warranty.

In order to be eligible for the warranty coverage, the installation checklist provided at the time of purchase will need to be completed satisfactorily and submitted to [email protected]. The checklist will have been considered as completed satisfactorily once you have received approval confirmation via email from a team member of Moto Trainer Australia Pty Ltd. Once approved, the simulator will be covered under warranty for a period of 6 months at which point a new approval from a team member at Moto Trainer Australia Pty Ltd will be required. The warranty approval can be renewed 3 times. Renewals will be granted following an inspection (even remotely) by a person appointed by Moto Trainer Australia Pty Ltd.

Exclusions and Limitation

This Limited Warranty applies only to software developed by or for, and hardware parts manufactured by or for Moto Trainer Australia Pty Ltd. The Limited Warranty does not apply to any modifications of any kind, including the modification, alteration, addition or removal of any hardware part or any software added by the retailer, consumer or end user, even if packaged or sold with Moto Trainer Australia Pty Ltd hardware. Manufacturers and suppliers other than Moto Trainer Australia Pty Ltd may provide their own warranties, but Moto Trainer Australia Pty Ltd, to the extent permitted by law, provides its parts on an “as is” basis. Self-installed software, including without limitation system software, is not covered under this Limited Warranty. Simulator software is covered by a software warranty issued by the manufacturer thereof. Moto Trainer Australia Pty Ltd does not separately warranty any software. Moto Trainer Australia Pty Ltd does not warrant that the operation of the part will be continuous or entirely free of defects or errors. Moto Trainer Australia Pty Ltd is not responsible for any damage arising from failure to follow instructions relating to the part’s use. This warranty does not apply:

(a) to damage caused by products not manufactured by Moto Trainer Australia Pty Ltd;

(b) to damage caused by normal wear and tear, accident, abuse, misuse, flood, fire, earthquake or other external causes, including acts of God;

(c) to damage caused by operating the part outside the permitted uses described by Moto Trainer Australia Pty Ltd;

(d) to damage caused by alterations, modifications or adjustments to the product or its subcomponent parts, or by service (including upgrades and expansions) performed by anyone who is not a representative of Moto Trainer Australia Pty Ltd;

(e) to a part that has been altered, modified or adjusted such that it produces a change in the functionality or capability of the product in any way;

(f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship;

(g) if any serial number has been removed or defaced;

(h) to retailers;

(i) if the product is made available for general, mass, public or commercial use, whether or not for profit or in exchange for any other benefit conferred; or

(j) if the hardware has been opened for any reason, including for attempts at repair, except those performed by the manufacturer or as directed by and under the supervision of Moto Trainer Australia Pty Ltd.

To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. To the extent permitted by law, Moto Trainer Australia Pty Ltd specifically disclaims any and all statutory or implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose and warranties against hidden or latent defects. As to statutory or implied warranties that Moto Trainer Australia Pty Ltd cannot lawfully disclaim, to the extent permitted by law, all such warranties shall be limited in duration to 90 days, and to all conditions stated herein. No Moto Trainer Australia Pty Ltd reseller, agent, or employee is authorized to modify, extend or add in any way to this limited warranty. To the extent permitted by law, Moto Trainer Australia Pty Ltd is not responsible for any direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of revenue, loss of actual or anticipated profits (including loss of profits on contracts), loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data or any indirect or consequential loss or damage howsoever caused, including the replacement of equipment and property, any costs of recovering, programming, or reducing any program or data. The foregoing limitation shall not apply to death or personal injury claims.

Consumer Protection Laws

This warranty does not exclude, limit or suspend any consumer rights arising out of nonconformity with a sales contract. The limitations or exclusions described below may not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitations on the duration of an implied warranty or condition. This warranty gives you specific legal rights. You may also have other rights. This limited warranty is governed by and construed under the laws of Australia, which is deemed to be the country in which the product purchase took place.

Obtaining Warranty Service

If a part is not functioning properly, please immediately discontinue use and contact Moto Trainer Australia Pty Ltd (contact page or [email protected]). Delay in contacting Moto Trainer Australia Pty Ltd may result in the warranty expiring before arrangements for repair and/or replacement are made.

Warranty service applies to parts that are tendered or presented for service during the Warranty Period, as permitted by law. Service options, parts availability and response times may vary. Subject to applicable law, you will be required to provide proof of purchase before receiving warranty service. Warranty service may be restricted to Australia.