This INDIAN MOTORCYCLE limited warranty excludes any failures that
are not caused by a defect in material or workmanship. THIS WARRANTY
DOES NOT COVER CLAIMS OF DEFECTIVE DESIGN. This warranty also does
not cover acts of God, accidental damage, normal wear and tear, abuse
or improper handling. This warranty also does not cover any motorcycle,
component, or part that has been altered structurally, modified, neglected,
improperly maintained or used for racing, competition, or purposes
other than for which it was designed.
This warranty excludes damages or failures resulting from: improper
lubrication; improper engine timing; improper fuel; surface imperfections
caused by external stress, heat, cold or contamination; operator error
or abuse; improper component alignment, tension, adjustment or altitude
compensation; snow, water, dirt or other foreign substance ingestion/contamination;
improper maintenance; modified components; use of aftermarket or unapproved
components, accessories, or attachments; unauthorized repairs; or
repairs made after the warranty period expires or by an unauthorized
repair center.
This warranty excludes damages or failures caused by abuse, accident,
fire, or any other cause other than a defect in materials or workmanship
and provides no coverage for consumable components, general wear items,
or any parts exposed to friction surfaces, stresses, environmental
conditions and/or contamination for which they were not designed or
not intended, including but not limited to the following items:
10.10.1.4.1: LUBRICANTS AND FLUIDS
-
Mixing oil brands or using non-recommended oil may cause engine
damage. We recommend the use of INDIAN MOTORCYCLE engine oil.
-
Damage or failure resulting from the use of non-recommended
lubricants or fluids is not covered by this warranty.
This warranty provides no coverage for personal loss or expense,
including mileage, transportation costs, hotels, meals, shipping or
handling fees, motorcycle pick-up or delivery, replacement rentals,
loss of vehicle use, loss of profits, or loss of vacation or personal
time.
The exclusive remedy for breach of this warranty shall be, at INDIAN
MOTORCYCLE’s option, repair or replacement of any defective
materials, components, or products. THE REMEDIES SET FORTH IN THIS
WARRANTY ARE THE ONLY REMEDIES AVAILABLE TO ANY PERSON FOR BREACH
OF THIS WARRANTY. INDIAN MOTORCYCLE SHALL HAVE NO LIABILITY TO ANY
PERSON FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY DESCRIPTION,
WHETHER ARISING OUT OF EXPRESS OR IMPLIED WARRANTY OR ANY OTHER CONTRACT,
NEGLIGENCE, OR OTHER TORT OR OTHERWISE. THIS EXCLUSION OF CONSEQUENTAL,
INCIDENTAL, AND SPECIAL DAMAGES IS INDEPENDENT FROM AND SHALL SURVIVE
ANY FINDING THAT THE EXCLUSIVE REMEDY FAILED OF ITS ESSENTIAL PURPOSE.
THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS EXCLUDED
FROM THIS LIMITED WARRANTY. ALL OTHER IMPLIED WARRANTIES (INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY) ARE LIMITED
IN DURATION TO THE ABOVE TWO YEAR WARRANTY PERIOD. INDIAN MOTORCYCLE
DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED IN THIS WARRANTY. SOME
STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON THE DURATION OF IMPLIED
WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF INCONSISTENT
WITH CONTROLLING STATE LAW.