Terms of Warranty to Consumers for Off-Road Vehicles (Version 1.0)

DEFINITIONS:

  • Seller: Talaria Portugal.
  • Vehicle: An Off-Road Vehicle.
  • Customer: A consumer who bought a Vehicle from the Seller.
  • He/His: Refers to any singular pronoun, such as he/his, she/her or it/its.
  • Territory: Portugal.
  • Handover Date: The date on which the Seller delivered the purchased vehicle to the Customer.
  • Warranty Period: 6 months from the handover date.
  • Type of Warranty: Parts-Only through the Seller excluding any cost of labour or collection/delivery of the vehicle.

Terms:

  • This document does not affect your statutory rights as a consumer.
  • All sales of vehicles from the Seller directly to a customer are subject to the Conditions of Supply in this document.
  • The Seller will, provide a parts-only warranty in the Warranty Period, subject to the Conditions of Supply, Conditions of Warranty, Exclusions and Procedures described in this document. Any non-fulfilment of the Warranty Conditions may result in the warranty being fully or partially void.
  • This Warranty only applies to the first owner and is affected by a change of ownership.

Warranty Conditions:

The Seller will replace any part of the vehicle which has failed through either a material defect or incorrect factory assembly free of charge providing:

1.1) The Vehicle bears the original manufacturer's identification marks, including, but not limited to, identifying marks to the battery, drive motor and chassis.

1.2) The Vehicle is serviced and maintained in accordance with the warranty documentation provided by the Seller during delivery of the Vehicle.

1.3) The item to be replaced is either part of the original equipment or a genuine replacement part.

1.4) Reasonable care has been taken to keep the vehicle clean and free from chemical attack according to the documentation provided by the Seller during the collection or delivery of the Vehicle.

1.5) The Vehicle has not been subjected to any unauthorised alterations, misuse, negligence or accident, or has not been used for purposes other than those for which it was designed or has not been operated correctly in accordance with the user instructions for both the Vehicle and it's accessories, eg; charging equipment, provided by the Seller during the collection or delivery of the Vehicle, or used with any lubricants or chemicals other than those recommended.

1.6) De-restriction or deliberate modification to the power delivery system in any form is neither offered nor recommended. Any such action will permanently void any warranty agreement with the Seller.

1.7) Any form of modification, tampering, bypass or any other interference with the main battery or power delivery system is not recommended and will permanently void any warranty agreement with the Seller.

1.6) Any breach of conditions 1.1 through 1.7 may, at the discretion of the Seller result in the warranty agreement being fully, partially or permanently void.

1.7) This Warranty shall be construed in accordance with the country law and any question arising from this Warranty shall be subject to the jurisdiction of the courts.

1.8) This warranty does not provide for alternative transport or compensation for any personal or material loss or expense during the period of repair.

1.9) The Vehicle is inspected before usage to be sure your vehicle is in safe operating condition. Please refer to your owner's manual for the requirements and the documentation provided by the Seller during the collection or delivery of the Vehicle.

2.0) The Customer must ensure that properly conducted Periodic Inspection/Services are carried out by a VAT registered motorcycle mechanic, according to the latest schedule that has been provided to him by the Seller. The documentation provided by the Seller during delivery of the Vehicle will always supersede the servicing and warranty information provided within the owner's manual.

Battery maintenance and storage:

4.1) It is essential to ensure that vehicles battery or batteries are charged and stored correctly to ensure they achieve best performance.

  • 4.1a) It is recommended that a charge level of 40% to 80% is maintained whilst the vehicle is not in use to maintain effective battery life.

  • 4.1b) During prolonged storage it is necessary to ensure the battery or batteries are maintained at the correct level specified in 4.1a every 2 to 3 months and the battery or batteries charged at these intervals accordingly.

  • 4.1c) Batteries should be kept at normal room temperature conditions when not in use. Storage in outdoor spaces, areas subject to considerable temperature variance or wet or damp environments should be avoided.

4.2) Should a Vehicle battery fail, or be suspected as faulty, the battery will be required to be returned to the Seller for the purpose of data collection from the battery management system to evaluate charge cycles and charging patterns. The Seller maintains the right to reject any warranty replacement where this data shows improper care or maintenance of the Vehicle battery or void the warranty due to improper storage or maintenance as stated in exclusions (2.10).

2) Exclusions:

Warranty shall not apply in the following instances.

2.1) If the vehicle is or has been used for any business or commercial purpose excluding commuting to a single place of work.

2.2) If the vehicle is used for competition and/or racing.

2.3) Replacement and/or adjustment due to normal deterioration or wear.

2.4) Corrosion, oxidation, and discoloration caused by weather conditions, salt, harsh chemical products, or cleaning compounds.

2.5) Damage caused by improper use for a purpose other than originally designed or intended.

2.6) Damage caused by use in races, rallies, or any form of competitive sports or event.

2.7) Damage caused by an act of God, fire, collision, or accident or any external causes beyond the control of the Seller.

2.8) Damage caused by installation of parts or accessories that are not original or approved equipment.

2.9) Damage caused by improper maintenance or setup by the customer.

2.10) Damage caused by improper transportation or storage.

2.11) Transportation charges to or from a repairing Dealer.

2.12) Items which are service or consumable parts, those having a lifespan based on usage and expected to be replaced during normal service. Examples of such parts include, but are not limited to, tyres, tubes, cables, lights, bulbs, batteries, chains, belts, bearings, fairings, brake pads, brake shoes, sprockets, fuses, motor brushes, rubber parts.

Conditions of Supply:

  1. The Customer shall ensure the Vehicle is operated and maintained properly, in compliance with the instructions and guidelines in the Owner's Manual and the documentation provided by the Seller.

  2. The Customer shall bear the costs of regular service and maintenance, as well as replacement costs of normal wear items.

  3. The Customer is also liable for the failure and damage caused by abuse, neglect and accidents including incidental and consequential costs.

  4. In the event of a suspected defect, the Customer shall contact the Seller as soon as reasonably possible to report the suspected defect.

  5. The Customer is also liable for all labour costs, unwarrantable or warrantable.

  6. The Customer is liable for any subsequent repairs that are not Warranty-covered as above.

  7. Any attempted de-restriction of the vehicle will automatically void your warranty.

Procedures:

  • How to make a claim:
  • If the Customer experiences a problem with a Vehicle, which he believes should be dealt with under the Warranty, he shall promptly contact the Seller.
  • If any problem develops which the Customer believes may render the vehicle unsafe to use, he shall contact the Seller for assistance and must NOT use the Vehicle until it has been inspected and cleared as fit for purpose.
  • All claims under the Warranty must be submitted through the Seller.

Make a complaint:

  • The Seller hopes that the Customers will be pleased with its Vehicles. If a customer has any reason to complain about the Vehicle, then they are advised to send the complaint in writing directly to the Seller.