This Conventional Warranty (the “Warranty”) will be applied to all original Pinarello frames that get registered on the website www.pinarello.com (“Product(s)”) according to the following terms and conditions starting July 2nd 2018 as well as to all frames registered previously, to which Pinarello will extend this Warranty.
PREMISE: useful lifecycle of the Products and Designated Use
All the parts that make up a bicycle (frame, wheels, cranks, handlebar, gearshift, tyres, etc.) have a useful lifecycle, which differs based on numerous factors. For example, the technology and the materials used in the individual Product, the weight and power of the cyclist, the care and maintenance, the method and frequency of use, the use of aggressive cleaning agents, and external factors such as strokes, impacts, and falls.
The Product and its parts are subject to normal wear and tear resulting from typical use, but it is also subject to material fatigue, which consists of a progressive separation of the molecular structure that initially presents itself as a nearly invisible micro-fracture that grows over time until it weakens the Product or the individual part to the point where it collapses suddenly once the fracture increases beyond its limit. Material fatigue is dangerous because it is hardly visible. In order to decrease the risk of accident, it is necessary to mitigate the conditions that lead to both normal wear and tear and material fatigue of the Product and the bicycle parts by ensuring that the Product properly maintained with a frequency commensurate with various usage factors, such as usage frequency, usage type, and the weight and the power of the cyclist.
In order to ensure both safety and optimal performance, it is therefore essential that the Product and its parts be subject to regular inspections carried out by a qualified mechanic to identify wear and tear, cracks, micro-fractures, corrosion, damages to the paint, and any other indicator of issues that could compromise the safety and performance of the Product before there is a material degradation to the structural integrity of the Product itself. Given the poor visibility and detectability of such safety risk indicators, the use of micro-fracture detectors, such as penetrating liquids, is recommended.
Any Product or one of its parts that is already damaged and has lost its structural integrity or that shows damages or signs of fatigue must be replaced immediately. Until it is replaced, it must not be used so to reduce the probability of an accident.
The Products have been designed for specific uses consistent with their characteristics. For example, the racing models will be intended solely to be used on a track or a smooth road, while MTB are intended for outdoor usage on unpaved and/or downhill roads. Therefore, each Product should be used in accordance with its characteristics and structure (“Designated Use”).
Inherent to the use of the Products are various risks, which are exacerbated by poor maintenance, lack of frequent inspections, poor visibility, darkness or weather conditions that could compromise the Product and user’s safety through increased risk of accident. In all cases, it is recommended to ensure proper maintenance of the Product and its parts, frequent inspections, use of a safety helmet and high visibility clothing, lights, exterior mirrors, acoustic warning devices and careful riding. These precautions help reduce risks associated with the proper us of the Products though will not completely remove them.
2.1 Subject and duration of the Warranty
Pinarello warrants the Products from production and material defects according to the conditions listed below. The Warranty solely applies to original Pinarello Products bought from authorised Pinarello sellers and registered through the website www.pinarello.com within the 10 days of the purchase date specified in the Product’s accounting purchase document (“Purchase Date”).
The Warranty in this document will be valid for five years from the Purchase Date, provided that the Product had been registered on the website www.pinarello.com within the deadline mentioned above.
The Warranty allows the buyer to also access to the Crash Replacement program.
2.2 Content and exclusions of this Warranty
The Warranty can only be applied to the Products, as defined above, and excludes all components and – in particular – parts or components produced by third parties that are included on Pinarello bicycles. Such parts and components are covered by their own producers’ warranties, where provided.
If Pinarello recognises the existence of a defect in the Product validly claimed in accordance with this document within the duration of the Warranty, remedy will be limited, at Pinarello’s discretion, to the following methods:
- Fixing without charge the Product or parts of the Product that were recognised as defective; or
- Replacing without charge of the Product or parts of the Product recognised as defective
If such Product recognised as defective is unavailable, the replacement will happen with a similar Product of the same approximate value.
It is understood that in case of a replacement of a Product or a part of it, this warranty does not cover the labour costs needed for the replacement.
In this Warranty the following are explicitly excluded:
- Non original Pinarello Products or those which were not bought from an authorised Pinarello seller;
- Products that have had their identifying codes removed, altered, cancelled or rendered unreadable;
- Products that have been even partially repainted;
- Products used as samples and/or for display;
- Products that received any sort of change by the user or by third parties;
- Defects arising from normal usage (including material fatigue);
- Defects caused by abuse or incorrect usage of the Product or of its parts;
- Defects coming from incorrect assembly according to Pinarello’s assembly conditions (for example, incorrect tightening torques);
- Defects coming from incorrect or insufficient maintenance such as, for example, defects arising from material corrosion, use of aggressive cleaners or incompatible Products, from repairs carried out by non-authorised sellers;
- Defects arising from accidents and other events not caused by defects covered in this Warranty;
- The Products that arrived to the end of their useful lifecycle;
- Defects caused by the exposure to UV rays (discolouring, yellowing);
- Defects caused by a saline environment;
- Defects caused by careless transportation of the Product (the responsibility for which lies with the courier);
- Aesthetic defects that could have been easily detected at the moment of purchase of the Product;
- Defects from a usage that does not conform to the Designated Use.
This Warranty is not transferrable and is solely applicable to the original buyer, as it results from the original registration on the website www.pinarello.com.
This Warranty is to be understood as an addition to the warranties afforded by the applicable law, and all the warranty rights potentially expected by the applicable law of the national legislation of the State in which the purchase was made will remain uncompromised. The invalidity, unlawfulness and ineffectiveness in all or in a part of some of the provisions expected by this Warranty in accordance with the applicable national laws will not compromise the validity, lawfulness and effectiveness or the remaining provisions of this Warranty.
This document constitutes the only conventional warranty released by Pinarello on its products and explicitly excludes any supplementary clause, extension or implicit warranty regardless of who issues it. Pinarello is not liable for damages, unless it is differently expected by the possible applicable law. In particular, it excludes indirect, consequential or accidental damages.
In case of warranty replacement of a Product or part thereof:
- The replacement Product, or part of it, benefits from a new warranty according to the terms and conditions set forth in this document;
- The replaced Product, or part of it, becomes property of Pinarello.
2.3 Claim Procedure
Shown below is the procedure that must be followed, in order to correctly submit a claim for a defect. The correct execution of the following procedure will allow to benefit from the Warranty where the defect is recognised by Pinarello in accordance with this document.
In order to claim a defect, within a period of 8 (eight) days from the moment in which the defect presented itself to the buyer or from the moment in which he/she acknowledged it, the buyer must contact the same Pinarello authorised seller from which he/she bought the Product and deliver the defective part in good cleaning condition along with:
- Copy of the receipt of purchase of the Product indicating the Purchase Date;
- A detailed description of the defect (we suggest using adhesive tape to aid in finding its exact position);
- A description of the assembly (set-up) carried out on the Product subject to the complaints;
- The name, address, telephone numbers and email provided when registering the Product on the website www.pinarello.com in order to verify the possible execution of the warranty extension procedure;
- Indication of whether there is a desire for the Product to be given back if the warranty was not recognised as applicable.
In order to verify that the claim procedure referred to in this paragraph is carried out correctly, the date of delivery of the Product to the authorised seller will be taken into account.
It should be kept in mind that the Product found defective will still have to be delivered to the authorised seller from which the Product was initially purchased even if it is located in a different country from the country of residence of the buyer or from the country in which the Product is used. For this reason we recommend, both for better safety relating the assembly and the pre-delivery checks of the Product and for a better post-selling service, a buyer purchase the Product from a Pinarello authorised seller close to his/her location of residence.
The existence or non-existence of the defect will be verified by Pinarello. Accordingly, the applicability of this Warranty in accordance to this document is subject to inspection and authorisation by Pinarello or an agent thereof.
If, following a claim carried out correctly in accordance with this document, Pinarello recognises the existence of a defect, the Product will be substituted or fixed at Pinarello’s discretion in accordance with paragraph 2.1.
CRASH REPLACEMNT PROGRAM
3.1 Admission to the program
The correct registration of the Product on the website www.pinarello.com entails admission to the “Crash Replacement” program.
Admission to the “Crash Replacement” program allows the buyer to potentially benefit from the following advantages upon irreparable damage to the Product that does not qualify for replacement free of charge due to non-compliance with the paragraphs above.
In such cases, the buyer will have the right to purchase from the same authorised seller from which he/she carried out the initial purchase a frame to replace the damaged one. The frame may be of the same category or of a lower one at a discounted price.
The amount of the discount will be made available from time to time on behalf of the authorised seller as part of it is offered by Pinarello while the rest is offered by the authorised seller at its discretion. In order to find out the amount of the discount, a buyer must inquire from an authorised seller.
The purchaser will have the right to the discount mentioned above under the following conditions:
- The event that caused the damage happened within the period of effectiveness of the warranty (within five years from the registration date);
- The purchased frame has the same end-use as the damaged frame;
- The frame purchased for replacement has an equal or lower value compared to one of the damaged frame.
3.2 Procedure for the application of the discount expected for the purchasers who applied to the Crash Replacement program
To benefit from the discount reserved for the purchasers who applied to the Crash Replacement Program, the purchaser will have to communicate, in writing, to the authorised seller where the initial purchase was made the damage to the frame and state his/her intention to buy a replacement frame and benefit from the Crash Replacement Program discount.
In this communication the purchaser will have to state:
- The frame’s serial number;
- The accounting document of purchase in which the Date of Purchase is stated;
- The name, address, telephone numbers and email provided when registering the Product on the website www.pinarello.com in order to verify the correct execution of the activation procedure of the Warranty;
- The photos in .jpg format of the entire bicycle after the accident and of the particular damage;
- A copy of any report filed to the authorities;
The application of the discount on behalf of the authorised seller will be subject to prior authorisation from Pinarello in order to verify the existence of the applicability conditions on the advantages of the Crash Replacement program.
Following the replacement of the frame in accordance with this paragraph, the replaced damaged frame will become Pinarello’s property.
APPLICABLE LAW AND COMPETENT JURISDICTION
This Warranty is subject to the Italian law.
Any controversy arising from, or connected to, the validity, interpretation, and execution of this Warranty will be submitted to the Jurisdiction of Treviso, excluding other imperative laws which could possibly be applicable
RIGHT TO CHANGE
Pinarello reserves the right to cancel or change the terms of this warranty at any moment without previous notification though a publication on its website. The changes will be immediately applicable from the date of publication on its website, keeping uncompromised the rights which had already been developed in favour of the Products’ purchasers as of the date of publication of the changes on its website.