SERIAL 1 EBicycle

Limited Warranty (U.S.A.)

Last revised November 2020

 Serial 1 Cycle Company, LLC (“Serial 1”), warrants to the original purchaser at retail (the “Customer” or “you” or “your”) that each Serial 1 eBicycle and each Serial 1 eBicycle replacement part sold by Serial 1 (each, a “Product”) will be free from defects in workmanship and material that appear and are brought to Serial 1’s attention within the applicable Warranty Period. The “Warranty Period” for each Product means: (a) for the Serial 1 eBicycle, the period beginning on the date of initial retail purchase of that Serial 1 eBicycle and ending twenty-four (24) months thereafter, (b) for the frame of the Serial 1 eBicycle only, the period beginning on the date of initial retail purchase of that Serial 1 eBicycle and ending sixty (60) months thereafter, and (c) for each Serial 1 eBicycle replacement part, the period beginning on the date of initial retail purchase of that part and ending twelve (12) months thereafter. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

  1. WARRANTY Disclaimer/LIMITATIONS/EXCLUSIONS

There are no express warranties other than the warranty set forth in this document. ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS EXPRESS WARRANTY. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

This warranty applies only to (a) the original retail purchaser of the Product, and (b) any person to whom the Product is transferred during the applicable Warranty Period, but only if such person has a copy of the original purchase receipt received by the original retail purchaser at the time they bought the Product from Serial 1, and furnishes a copy of said receipt to Serial 1 when initiating a claim under this warranty; the terms “Customer”, “you” and “your” as used in this Limited Warranty also include any such person to whom the Product is transferred during the applicable Warranty Period. The Warranty Period is not lengthened or changed by any transfer of the Product to a new owner.

This warranty does not cover any Product failure, defect or damage caused by abuse; misuse; neglect; intentional damage; overloading of the Product beyond intended capacity; or use, operation or maintenance of the Product that is not in compliance with Serial 1’s instructions or the Product Owner’s Manual. This warranty does not cover corrosion of any kind.

This warranty does not cover any Product failure, defect or damage caused by any accident (including without limitation the Product being dropped or struck), collision, improper assembly or installation of components by Customer, unauthorized repairs or attempted repairs by Customer, act of God, fire, flood, earthquake, natural disaster, severe weather, severe storm, lightning, war, act of terrorism, riot, insurrection, nuclear contamination, or other cause beyond Serial 1’s reasonable control.

This warranty does not cover any Product failure, defect or damage caused by (i) the Product being modified or structurally altered from the original intended configuration, or by the Product’s firmware or software being altered, (ii) the Product being subjected to stress beyond the physical limits of the materials used in its body or components, or (iii) the Product being used for other than normal activities. Such “other than normal activities” include, but are not limited to, using the Product for commercial activities or in competitive events such as racing, stunt riding, ramp jumping or similar activities.

Tampering with the internals of the battery of a Serial 1 eBicycle or of a replacement battery Product or removing or disrupting the tamper tape on the battery of a Serial 1 eBicycle or on a replacement battery Product, will void the warranty on that battery.

Normal wear and tear is not warranted (including without limitation normal wear and tear on belt/chain, cables, grip covers, chain rings, sprockets, pulleys, saddle cover, brake pads/rotors, and tires).

If parts other than Serial 1 parts or their equivalent are installed in a Product and such parts fail or cause a Product defect or damage, this warranty does not cover such failures, defects or damage. Serial 1 makes no warranty as to parts that are not Serial 1 Products.

Serial 1 reserves the right to change Products and designs without incurring any obligation to incorporate such changes into already completed Products; Products repaired or replaced under this warranty may or may not incorporate such changes.

  1. WARRANTY REMEDY

As Customer’s exclusive remedy, and as Serial 1’s only responsibility, for any breach of the above limited warranty, Serial 1 will either, at Serial 1’s option, repair or replace the defective Product or defective Product component without charge, subject to the Warranty Claims Process set forth below. Any repaired or replacement Product or Product component will be warranted under this warranty only until the expiration of the Warranty Period applicable to the original Product or Product component; that is, the Warranty Period is not lengthened or changed by any repair or replacement of a covered Product.

  1. WARRANTY CLAIMS PROCESS

To make a claim under this warranty, Customer must, within the applicable Warranty Period, initiate a warranty claim by visiting www.serial1.com/warranty and filling out and submitting to Serial 1 a Warranty Request Form.  If you have warranty service questions, or if you would like help with completing a Warranty Request Form, please contact Serial 1 at 1-844-SERIAL1 for assistance. You must attach to the Warranty Request Form a copy of the original purchase receipt for the Product, or other information satisfactory to Serial 1 that confirms your Product is still within the applicable Warranty Period. Each Warranty Request Form must contain the serial number or part number of the Product, and must also be accompanied by photo(s) of the Product or Product component that you believe is defective, unless Serial 1 specifically informs you no photos are required. Serial 1 may ask you for additional information about your claim during its evaluation of the Warranty Request Form, and you must provide such information to the best of your ability upon request. If you do not have internet access and cannot access a Warranty Request Form, you may contact Serial 1 at 1-844-SERIAL1; Serial 1 will mail a Warranty Request Form to you, and if you complete that Form (including the serial number or part number of the Product) and mail it back to Serial 1 accompanied by a copy of the original purchase receipt for the Product, or other information satisfactory to Serial 1 that confirms your Product is still within the applicable Warranty Period, and photo(s) of the Product or Product component that you believe is defective, Serial 1 will evaluate your claim.

If a valid Warranty Request Form is received by Serial 1 within the applicable Warranty Period, Serial 1 at its option will either repair or replace the defective Product or defective Product component. The repair or replacement may be performed by Serial 1 directly, or by an authorized Serial 1 dealer (a “Serial 1 eBicycle Dealer”), or by a bicycle repair shop specified by Serial 1, or by the manufacturer of the Product component in question, or under certain circumstances, by you, the Customer, in each case as determined by Serial 1 based upon the defect, your location and abilities, and other relevant circumstances. The warranty solution determined by Serial 1 will be communicated to you after Serial 1’s evaluation of the Warranty Request Form and associated materials, and you will be provided with additional information about the repair or replacement methodology chosen by Serial 1, along with instructions.

You will not be asked to complete any repair or replacement that you are unable or unwilling to perform. Certain Product components and issues (as identified in the attached Appendix) are not subject to being repaired or replaced by the Customer; warranty claims involving those components or issues will be handled by Serial 1 using other means. You should not attempt any warranty repair or replacement without Serial 1’s prior written authorization; Product failures, defects or damage caused by unauthorized repairs or attempted repairs are not covered by this warranty.

You may be required to bring your Product to a Serial 1 eBicycle Dealer or other repair location reasonably specified by Serial 1 for warranty service.

Any Product or Product component that is replaced under warranty must be returned to Serial 1 and becomes the property of Serial 1. A Return Material Authorization Number (“RMA#”) and a prepaid return label from Serial 1 will be provided for you to return such item(s) to Serial 1.

Be sure to retain and comply with the Product Owner’s Manual and any and all component-specific materials and owner’s manuals that come with your new Serial 1 eBicycle.

  1. EXCLUSION OF DAMAGES

TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY OR OTHERWISE, WILL SERIAL 1 BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PROPERTY DAMAGE OR ECONOMIC LOSSES. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

  1. SUBSEQUENT MODIFICATIONS; ORIGINAL PURCHASE RECEIPT

The version of this Limited Warranty that is in effect on the date of the initial retail purchase of a Product shall be applicable to that Product, even if the Limited Warranty is subsequently modified by Serial 1 with respect to other Products or models of Products. Serial 1 reserves the right to require the original purchase receipt received by the original retail purchaser at the time they bought the Product from Serial 1, or other verifiable information to help Serial 1 locate Customer’s purchase of the Product in Serial 1’s records. If such purchase receipt or other verifiable information is not provided, Serial 1 reserves the right to refuse and reject the warranty claim. 

  1. Dispute Resolution Provision – Mandatory Arbitration Agreement 

TO THE EXTENT PERMITTED BY GOVERNING STATE AND FEDERAL LAW, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE BROUGHT AS AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AS DESCRIBED IN THE LAST SENTENCE OF THIS PARAGRAPH, Serial 1 AND CUSTOMER EACH WAIVE THEIR RIGHT TO PROCEED IN A COURT OR JUDICIAL FORUM, AND THEY EACH SPECIFICALLY WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, PURSUANT TO THE FOLLOWING PROVISIONS. Serial 1 AND CUSTOMER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES AND DISPUTES OF ANY KIND (COLLECTIVELY, “CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY, INCLUDING BUT NOT LIMITED TO CLAIMS RELATING TO THE PRODUCTS OR ANY OTHER Serial 1 PRODUCTS OR SERVICES, OR SERIAL 1’S CHARGES OR ADVERTISING. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “CUSTOMER” ALSO INCLUDES ANY OF CUSTOMER’S AGENTS, BENEFICIARIES, TRANSFEREES OR ASSIGNS, OR ANYONE ACTING FOR OR ON BEHALF OF THE FOREGOING, AND “SERIAL 1” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, INSURERS, ASSIGNS, SERVICE PROVIDERS, DEALERS AND VENDORS. Serial 1 AND CUSTOMER AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to, during or after the Warranty Period. However, Customer and Serial 1 (the “parties”) agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), the action is made on behalf of or against Customer only, and the action is not made part of a class action, private attorney general action or other representative or collective action. 

(1) Procedure. A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the Claim; and (b) the relief sought, to the other party. Each Notice sent to Customer should be sent to the Customer’s address provided by Customer in his/her most recent Product order, or to such other address as may have been provided by Customer to Serial 1. Each Notice sent to Serial 1 should be sent to:

Serial 1 Cycle Company, LLC

Attn: President

5300 South 108th Street

Suite 15 #251

Hales Corners, Wisconsin 53130

and a copy of each such Notice sent to Serial 1 should be sent to:

Bennett Tueller Johson & Deere

Attention: Reed Rawson

3165 E. Millrock Drive, Suite 500

Salt Lake City, UT 84121

If Serial 1 and Customer do not resolve the Claim within thirty (30) calendar days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the JAMS arbitration forum pursuant to the JAMS Streamlined Arbitration Rules & Procedures and, if applicable, its accompanying JAMS Consumer Arbitration Minimum Standards (collectively, the “JAMS Rules”). Claims will be resolved pursuant to the JAMS Rules in effect at the time of the demand, as modified by this Limited Warranty (including without limitation this Dispute Resolution Provision), and heard by a single arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Customer or by Serial 1 that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The JAMS Rules are available online at www.jamsadr.com. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.

(2) Arbitrator’s Authority: The arbitrator is bound by this Limited Warranty (including without limitation this Dispute Resolution Provision), the Federal Arbitration Act (“FAA”) and the JAMS Rules. The arbitrator has no authority to join or consolidate claims, or to adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of this Limited Warranty, including whether it is void. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court (subject to any limitations contained in the Serial 1 eBicycle Terms and Conditions of Sale (U.S.A.) (the “Terms”), including without limitation any limitations contained in this Limited Warranty, which is incorporated by reference into the Terms), but only in favor of an individual party and for a party’s individual claim.

(3) Arbitration Costs: Customer will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Customer would incur if the Claim(s) were filed in court. Serial 1 will be responsible for all additional arbitration fees. Customer is responsible for all other costs/fees that he/she incurs in arbitration, for example, fees for attorneys, expert witnesses, etc. Customer will not be required to reimburse Serial 1 for any fees unless the arbitrator finds that the substance of Customer’s Claim(s) or the relief sought by Customer is frivolous. If the arbitrator makes such a finding, the JAMS Rules will govern the payment of all fees, and Serial 1 may seek reasonable attorney’s fees. Serial 1 will pay all fees and costs it is required by law to pay.

(4) Governing Law and Enforcement: Notwithstanding anything to the contrary in this Section 6, this Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA, 9 U.S.C. §§ 1-16. This Dispute Resolution Provision was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of this Dispute Resolution Provision remains in full force and effect. Except, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.

(5) Survival: This Dispute Resolution Provision shall survive any acceptance, rejection, cancellation, or purported cancellation of any Product order; any payment for or delivery or return of any Product; any termination or purported termination of the Terms, including this Limited Warranty, by Customer and Serial 1; the making of any claim under this Limited Warranty; and the expiration of the Warranty Period.

APPENDIX: Product Components and Issues that are Not Subject to being Repaired or Replaced by the Customer

The following Product components and issues are not subject to being repaired or replaced by the Customer: 

  • Frame and fork
  • Battery diagnostics
    • An eBicycle battery should never be tampered with; tampering with the internals of a battery, or removing or disrupting the tamper tape on the battery, will void the warranty.
  • Motor replacement or diagnostics
  • Wiring diagnostics or issues
  • Motor control/Display diagnostics and replacement
  • Locks and lock mechanisms
  • All lighting (front stem light, signature light or rear tail lights) and related wiring
  • Rear hub on vehicles equipped with a shifting rear hub

Warranty claims involving these components and issues will be handled by Serial 1 using other means, such as through a Serial 1 eBicycle Dealer.

Serial 1 may change or update the above list of components and issues from time to time.