Warranty

provided as a replacement for any new or used Product. MOTA® may hire a 3rd party to repair
or replace any new or used Product. “Including” means “including, but not limited to.”
THE TERMS IN THIS DOCUMENT ARE THE ONLY TERMS THAT GOVERN MOTA®’S
WARRANTY OBLIGATIONS FOR ANY NEW OR USED PRODUCT OR PART THEREOF.
NO ORAL OR OTHER WRITTEN TERM APPLIES. THIS DOCUMENT PROVIDES THE
EXCLUSIVE REMEDY FOR ALL CLAIMS AGAINST MOTA® WITH RESPECT TO ANY
NEW OR USED PRODUCT OR PART THEREOF.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS LIMITED
WARRANTY, MOTA® RESERVES THE RIGHT TO MODIFY, AT ANY TIME AND FROM
TIME TO TIME IN ITS SOLE DISCRETION, ANY AND ALL TERMS IN THIS LIMITED
WARRANTY. EACH SUCH MODIFICATION IS DEEMED EFFECTIVE UPON
PUBLICATION ON MOTA®’S WEBSITE OR OTHERWISE.
TO THE EXTENT ALLOWED BY LAW:
MOTA® DISCLAIMS AND PROVIDES THIS LIMITED WARRANTY IN LIEU OF ALL
OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MOTA® IS NOT
LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, LOST
PROFITS, OR SIMILAR DAMAGES CLAIMED UNDER ANY STATUTE OR LEGAL OR
EQUITABLE THEORY. MOTA®’S TOTAL LIABILITY FOR ALL CONTRACT, TORT
(INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING FROM OR
RELATING TO THIS LIMITED WARRANTY OR ANY PRODUCT OR PART THEREOF IS
LIMITED TO $1,000. SOME STATES DO NOT ALLOW THE LIMITATION OF
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO
PURCHASER. THIS LIMITED WARRANTY GIVES PURCHASER SPECIFIC LEGAL
RIGHTS, AND PURCHASER MIGHT HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE.
FOR PURCHASERS IN CALIFORNIA:
PURCHASER HAS THE RIGHT TO HAVE THE NEW PRODUCT SERVICED AND
REPAIRED DURING THE WARRANTY PERIOD. THE WARRANTY PERIOD WILL BE
EXTENDED FOR THE NUMBER OF WHOLE DAYS THAT THE NEW PRODUCT HAS
BEEN OUT OF PURCHASER’S HANDS FOR WARRANTY REPAIRS. IF A DEFECT
EXISTS DURING THE WARRANTY PERIOD, THIS LIMITED WARRANTY WILL NOT
EXPIRE UNTIL THE DEFECT HAS BEEN FIXED. IF ANY WARRANTY REPAIR HAS
BEEN DELAYED BECAUSE OF CIRCUMSTANCES BEYOND PURCHASER’S
CONTROL, OR IF ANY WARRANTY REPAIR DID NOT REMEDY A DEFECT AND
PURCHASER NOTIFIES MOTA® OF SUCH FAILURE WITHIN 10 DAYS AFTER THE
REPAIR, THE WARRANTY PERIOD WILL BE EXTENDED FOR A PERIOD EQUAL TO
THE DURATION OF THE DELAY. IF, AFTER A REASONABLE NUMBER OF
ATTEMPTS, THE DEFECT REMAINS UNFIXED, PURCHASER MAY RETURN THE NEW
PRODUCT FOR REPLACEMENT OR REFUND, SUBJECT TO A REASONABLE
DEDUCTION FOR PURCHASER’S USE OF THE NEW PRODUCT. ANY EXTENSION OF