LIMITED WARRANTY OF MOTOFINO CV AXLES
1. WARRANTY. All axles sold by Motofino USA Inc.; hereinafter referred to as (Motofino) are warranted for a period
of 15 months from the date of actual purchase. Motofino , if notified of a defect material or workmanship during the
period of the warranty, will repair or replace, at its option, the defective axle at no charge, other than the
reasonable charges for labor and shipping, if necessary to perform a warranty repair. In all cases the defective
axle must be returned before a new one is sent out. A condition precedent to the enforcement of these warranties
is proof of purchase of the Motofino axle. Satisfactory evidence of purchase must be supplied by customer prior to
receiving warranty benefits. This 15 month warranty against defects in material and workmanship are the sole and
exclusive warranty provided by Motofino and all other warranties and potential damages are limited and excluded
hereunder, as set forth below. These warranties commence on the shipment date of products sold by Motofino to
purchaser.
2. WARRANTIES LIMITED TO MANUFACTURED GOODS. Motofino offers a 15 month warranty to the original
purchaser on all axles. This warranty does not apply to any repairs, alterations, or work undertaken by third parties
not involved in the actual manufacturing of the product. Motofino’s 15 month warranty covers any failure that
would require repair or replacement. Motofino's 15 month warranty does not apply to damages or problems caused
by removal of parts, adjustments to the product, tune ups, normal wear and tear, damages caused by accidents,
improper use of the product, improper maintenance, improper installation or service of the product, misuse,
neglect, , or other such items which are not suitable for use with the product or otherwise not recommended for the
product by Motofino. Motofino's 15 month warranty also does not warrant or make representations with respect to
installation errors, work by servicing dealers, servicing mechanics, or others, and does not cover damage caused
by acts of God, flood, fire, storms, or other natural acts or disasters. Motofino does not warrant axles that are used
on lifted machines or axles that have torn a boot. The 15 month warranty will be void if the product has been
altered or taken apart for any reason. The 15 month warranty does not cover use of the product for racing or other
competitive activities. The manufacturer offers no warranty on axles used on vehicles for rental or commercial
purposes, or in the event of intentional destruction.
3. EXCLUSION OF OTHER WARRANTIES. THE WARRANTIES OFFERED BY MOTOFINO AGAINST DEFECTS IN
WORKMANSHIP AND MATERIALS ARE THE EXCLUSIVE WARRANTIES OFFERED BY MANUFACTURER. ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE, ARE
HEREBY EXCLUDED. MOTOFINO OFFERS NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON
THE FACE OF THIS DOCUMENT. EXCEPT AS PROVIDED HEREUNDER, ALL EXPRESS AND IMPLIED
WARRANTIES, OF WHATSOEVER NATURE, INCLUDING WARRANTIES ARISING UNDER THE UNIFORM
COMMERCIAL CODE AND UNDER STATE AND FEDERAL LAW ARE EXCLUDED. SUBJECT TO THE ONE YEAR
WARRANTY HEREUNDER, PURCHASER ACCEPTS THE PRODUCT “AS IS” AND “WITH ALL FAULTS,” AS MAY
BE THE CASE. MOTOFINO MAKES NO WARRANTIES, GUARANTIES, OR REPRESENTATIONS REGARDING THE
RELIABILITY OR USE OF THE PRODUCT EXCEPT AS SET FORTH HEREUNDER.
4. LIMITATION OF DAMAGES . MOTOFINO SHALL NOT BE LIABLE TO THE USER OR PURCHASER OF ITS
PRODUCTS, FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY TYPE. THE EXCLUSIVE
REMEDY TO THE USER OR BUYER, AND THE LIMIT OF LEGAL LIABILITY OF MOTOFINO HEREUNDER, SHALL
BE THE REPLACEMENT OF ANY DEFECTIVE PARTS OR THE REPAIR OF ANY AND ALL DEFECTIVE
MATERIALS AND WORKMANSHIP. REPAIR OR REPLACEMENT OF DEFECTIVE WORKMANSHIP AND
MATERIALS SHALL BE THE EXCLUSIVE AND SOLE REMEDY PROVIDED TO USER AND/OR PURCHASER.
UNDER NO CIRCUMSTANCES WILL MOTOFINO OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, OR AGENTS BE LIABLE TO PURCHASER OR USER FOR ANY SPECIAL OR INDIRECT DAMAGES
INCLUDING DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY,
AND GENERAL COMMERCIAL DAMAGES, INCLUDING ALL LOSSES ARISING OUT OF THE INABILITY TO USE
OR OPERATE THE PRODUCT.
MOTOFINO’S MAXIMUM LIABILITY TO USER OR PURCHASER, FOR DAMAGES OF ANY NATURE, REGARDLESS
OF THE TYPE OF CLAIM, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, TORT, OR
OTHERWISE, SHALL BE STRICTLY LIMITED TO THE PURCHASE PRICE OF THE MOTOFINO PRODUCT. ALL
WARRANTIES PROVIDED HEREUNDER ARE GRANTED SOLELY BY MOTOFINO AND NO MODIFICATION OF
THIS WARRANTY SHALL BE VALID, UNLESS REDUCED IN WRITING AND APPROVED BY THE DIRECTORS OF
MOTOFINO. NO THIRD PARTY, INCLUDING DEALER, SERVICE AGENTS, WORKMEN, OR THE LIKE MAY MAKE
ANY ACTUAL OR IMPLIED MODIFICATION, EXTENSION, OR REVISION TO THIS WARRANTY PLAN. THIS
WARRANTY IS INTENDED TO LIMIT THE RIGHTS OF ANY USER OR PURCHASER TO THE 15
MONTHWARRANTY SET FORTH HEREIN AND SHALL BE STRICTLY CONSTRUED TO ACCOMPLISH THAT
OBJECTIVE.
5. NOTIFICATION . All notices furnished to Motofino hereunder, including all notifications to Motofino of claims
under the aforementioned limited warranty, shall be furnished to Motofino at its principal offices located at 2167
Gordon Highway Augusta, Georgia. 30909. You are required to notify Motofino of any alleged defect to the product
immediately, and you are also required to furnish such additional information, warranty applications and other
materials reasonably requested by Motofino in order to process your warranty claim. Your failure to furnish all
materials reasonably requested by Motofino shall void all warranty rights hereunder. Motofino will inspect and
investigate your warranty claim, and only those defects covered by the above written warranty will be repaired or
replaced, in the sole discretion of Motofino. Should warranty service be required, you will be responsible for
delivering the product, at your expense, together with proof of purchase and other documentation requested by
Motofino, to the repair facility designated by Motofino for such repairs. All warranty claims herein must be furnished
to Motofino in writing, within a period of 14 days from buyer or user's discovery of any defect or problem covered
hereunder. From the date of notice to Motofino buyer or user must return the defective unit as instructed by
Motofino within thirty (30) days from the date of first notice of defect; otherwise, all warranties hereunder are null
and void.
6. TERMS OF PURCHASE. Purchaser agrees to be responsible for all freight charges for products received from
or returned to Motofino. All refused or returned items must be received by Motofino in the same condition (new and
undamaged) and will be subject to freight charges and a 20% restocking fee. Purchaser agrees to waive the right
to challenge or set aside any lawful charge made by Motofino for the sale of its products or services.
7. VENUE FOR ENFORCEMENT . This Agreement is made in the State of Georgia, and all products manufactured
by Motofino are sold at its principal offices in Augusta, Georgia. The limited warranties specified hereunder, and all
rights and claims of user or buyer hereunder, must be enforced in the State of Georgia. Venue for the
enforcement of this Agreement and for the resolution of any disputes between Motofino and its buyers or users,
including all suits to construe the terms of this Agreement, shall be adjudicated in Richmond County, Georgia. In
the event that buyer or user asserts any claims against Motofino, under these warranty plans or otherwise, and in
the event that such claims are not resolved through direct negotiations between the parties, then all such claims
and disputes shall be subject to non-binding mediation in Richmond County, Georgia, as a condition precedent to
buyer asserting any legal action against Motofino. Said mediation shall be conducted by a certified mediator under
the laws of the State of Georgia, and each party shall be responsible for paying an equal share of all mediation
costs. This mandatory mediation shall be a condition precedent to the filing of any legal action or lawsuit, and the
terms of this Agreement shall be enforceable by any court of competent jurisdiction.
8. GENERAL TERMS. The terms and conditions of the limited warranty plans set forth hereunder are a part of the
bargain between the parties hereto, and are material to setting the price of sale of Motofino's products. The terms
and conditions set forth hereunder constitute the entire agreement and transaction between the parties; and all
prior discussions, negotiations, telephone conferences, dealings, course of conduct, and other relationships
between the parties are hereby merged into this Agreement. This Agreement shall super cede all prior
negotiations and dealings between the parties, and time shall be of the essence in construing the terms hereof. By
concluding the transaction between the parties, buyer and Motofino agree to all of the terms and conditions set
forth hereinabove.
1. WARRANTY. All axles sold by Motofino USA Inc.; hereinafter referred to as (Motofino) are warranted for a period
of 15 months from the date of actual purchase. Motofino , if notified of a defect material or workmanship during the
period of the warranty, will repair or replace, at its option, the defective axle at no charge, other than the
reasonable charges for labor and shipping, if necessary to perform a warranty repair. In all cases the defective
axle must be returned before a new one is sent out. A condition precedent to the enforcement of these warranties
is proof of purchase of the Motofino axle. Satisfactory evidence of purchase must be supplied by customer prior to
receiving warranty benefits. This 15 month warranty against defects in material and workmanship are the sole and
exclusive warranty provided by Motofino and all other warranties and potential damages are limited and excluded
hereunder, as set forth below. These warranties commence on the shipment date of products sold by Motofino to
purchaser.
2. WARRANTIES LIMITED TO MANUFACTURED GOODS. Motofino offers a 15 month warranty to the original
purchaser on all axles. This warranty does not apply to any repairs, alterations, or work undertaken by third parties
not involved in the actual manufacturing of the product. Motofino’s 15 month warranty covers any failure that
would require repair or replacement. Motofino's 15 month warranty does not apply to damages or problems caused
by removal of parts, adjustments to the product, tune ups, normal wear and tear, damages caused by accidents,
improper use of the product, improper maintenance, improper installation or service of the product, misuse,
neglect, , or other such items which are not suitable for use with the product or otherwise not recommended for the
product by Motofino. Motofino's 15 month warranty also does not warrant or make representations with respect to
installation errors, work by servicing dealers, servicing mechanics, or others, and does not cover damage caused
by acts of God, flood, fire, storms, or other natural acts or disasters. Motofino does not warrant axles that are used
on lifted machines or axles that have torn a boot. The 15 month warranty will be void if the product has been
altered or taken apart for any reason. The 15 month warranty does not cover use of the product for racing or other
competitive activities. The manufacturer offers no warranty on axles used on vehicles for rental or commercial
purposes, or in the event of intentional destruction.
3. EXCLUSION OF OTHER WARRANTIES. THE WARRANTIES OFFERED BY MOTOFINO AGAINST DEFECTS IN
WORKMANSHIP AND MATERIALS ARE THE EXCLUSIVE WARRANTIES OFFERED BY MANUFACTURER. ALL
OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE, ARE
HEREBY EXCLUDED. MOTOFINO OFFERS NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON
THE FACE OF THIS DOCUMENT. EXCEPT AS PROVIDED HEREUNDER, ALL EXPRESS AND IMPLIED
WARRANTIES, OF WHATSOEVER NATURE, INCLUDING WARRANTIES ARISING UNDER THE UNIFORM
COMMERCIAL CODE AND UNDER STATE AND FEDERAL LAW ARE EXCLUDED. SUBJECT TO THE ONE YEAR
WARRANTY HEREUNDER, PURCHASER ACCEPTS THE PRODUCT “AS IS” AND “WITH ALL FAULTS,” AS MAY
BE THE CASE. MOTOFINO MAKES NO WARRANTIES, GUARANTIES, OR REPRESENTATIONS REGARDING THE
RELIABILITY OR USE OF THE PRODUCT EXCEPT AS SET FORTH HEREUNDER.
4. LIMITATION OF DAMAGES . MOTOFINO SHALL NOT BE LIABLE TO THE USER OR PURCHASER OF ITS
PRODUCTS, FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY TYPE. THE EXCLUSIVE
REMEDY TO THE USER OR BUYER, AND THE LIMIT OF LEGAL LIABILITY OF MOTOFINO HEREUNDER, SHALL
BE THE REPLACEMENT OF ANY DEFECTIVE PARTS OR THE REPAIR OF ANY AND ALL DEFECTIVE
MATERIALS AND WORKMANSHIP. REPAIR OR REPLACEMENT OF DEFECTIVE WORKMANSHIP AND
MATERIALS SHALL BE THE EXCLUSIVE AND SOLE REMEDY PROVIDED TO USER AND/OR PURCHASER.
UNDER NO CIRCUMSTANCES WILL MOTOFINO OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, OR AGENTS BE LIABLE TO PURCHASER OR USER FOR ANY SPECIAL OR INDIRECT DAMAGES
INCLUDING DAMAGES FOR THE LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY,
AND GENERAL COMMERCIAL DAMAGES, INCLUDING ALL LOSSES ARISING OUT OF THE INABILITY TO USE
OR OPERATE THE PRODUCT.
MOTOFINO’S MAXIMUM LIABILITY TO USER OR PURCHASER, FOR DAMAGES OF ANY NATURE, REGARDLESS
OF THE TYPE OF CLAIM, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, TORT, OR
OTHERWISE, SHALL BE STRICTLY LIMITED TO THE PURCHASE PRICE OF THE MOTOFINO PRODUCT. ALL
WARRANTIES PROVIDED HEREUNDER ARE GRANTED SOLELY BY MOTOFINO AND NO MODIFICATION OF
THIS WARRANTY SHALL BE VALID, UNLESS REDUCED IN WRITING AND APPROVED BY THE DIRECTORS OF
MOTOFINO. NO THIRD PARTY, INCLUDING DEALER, SERVICE AGENTS, WORKMEN, OR THE LIKE MAY MAKE
ANY ACTUAL OR IMPLIED MODIFICATION, EXTENSION, OR REVISION TO THIS WARRANTY PLAN. THIS
WARRANTY IS INTENDED TO LIMIT THE RIGHTS OF ANY USER OR PURCHASER TO THE 15
MONTHWARRANTY SET FORTH HEREIN AND SHALL BE STRICTLY CONSTRUED TO ACCOMPLISH THAT
OBJECTIVE.
5. NOTIFICATION . All notices furnished to Motofino hereunder, including all notifications to Motofino of claims
under the aforementioned limited warranty, shall be furnished to Motofino at its principal offices located at 2167
Gordon Highway Augusta, Georgia. 30909. You are required to notify Motofino of any alleged defect to the product
immediately, and you are also required to furnish such additional information, warranty applications and other
materials reasonably requested by Motofino in order to process your warranty claim. Your failure to furnish all
materials reasonably requested by Motofino shall void all warranty rights hereunder. Motofino will inspect and
investigate your warranty claim, and only those defects covered by the above written warranty will be repaired or
replaced, in the sole discretion of Motofino. Should warranty service be required, you will be responsible for
delivering the product, at your expense, together with proof of purchase and other documentation requested by
Motofino, to the repair facility designated by Motofino for such repairs. All warranty claims herein must be furnished
to Motofino in writing, within a period of 14 days from buyer or user's discovery of any defect or problem covered
hereunder. From the date of notice to Motofino buyer or user must return the defective unit as instructed by
Motofino within thirty (30) days from the date of first notice of defect; otherwise, all warranties hereunder are null
and void.
6. TERMS OF PURCHASE. Purchaser agrees to be responsible for all freight charges for products received from
or returned to Motofino. All refused or returned items must be received by Motofino in the same condition (new and
undamaged) and will be subject to freight charges and a 20% restocking fee. Purchaser agrees to waive the right
to challenge or set aside any lawful charge made by Motofino for the sale of its products or services.
7. VENUE FOR ENFORCEMENT . This Agreement is made in the State of Georgia, and all products manufactured
by Motofino are sold at its principal offices in Augusta, Georgia. The limited warranties specified hereunder, and all
rights and claims of user or buyer hereunder, must be enforced in the State of Georgia. Venue for the
enforcement of this Agreement and for the resolution of any disputes between Motofino and its buyers or users,
including all suits to construe the terms of this Agreement, shall be adjudicated in Richmond County, Georgia. In
the event that buyer or user asserts any claims against Motofino, under these warranty plans or otherwise, and in
the event that such claims are not resolved through direct negotiations between the parties, then all such claims
and disputes shall be subject to non-binding mediation in Richmond County, Georgia, as a condition precedent to
buyer asserting any legal action against Motofino. Said mediation shall be conducted by a certified mediator under
the laws of the State of Georgia, and each party shall be responsible for paying an equal share of all mediation
costs. This mandatory mediation shall be a condition precedent to the filing of any legal action or lawsuit, and the
terms of this Agreement shall be enforceable by any court of competent jurisdiction.
8. GENERAL TERMS. The terms and conditions of the limited warranty plans set forth hereunder are a part of the
bargain between the parties hereto, and are material to setting the price of sale of Motofino's products. The terms
and conditions set forth hereunder constitute the entire agreement and transaction between the parties; and all
prior discussions, negotiations, telephone conferences, dealings, course of conduct, and other relationships
between the parties are hereby merged into this Agreement. This Agreement shall super cede all prior
negotiations and dealings between the parties, and time shall be of the essence in construing the terms hereof. By
concluding the transaction between the parties, buyer and Motofino agree to all of the terms and conditions set
forth hereinabove.