MANUFACTURER’S LIMITED WARRANTY
Limited Warranty Terms and Conditions –
SmartCart® USA L.L.C. (“Company”) provides that any new Model SmartCart® Electric vehicle (the “Vehicles”) and/or battery charger purchased from SmartCart® USA, an SmartCart® USA affiliate, or an authorized SmartCart® USA dealer or distributor, or leased from a leasing company approved by SmartCart® USA, shall be free from defects in material or workmanship under normal use and service (the “Limited Warranty”). This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee (“Purchaser”) for defects reported to SmartCart® USA L.L.C. no later than the following warranty periods for the Vehicle parts and components set forth below (the “Warranty Period”):
Part or Component Warranty Period
FRAME Earliest of 5 years, 14,000 miles
SUSPENSION – Steering Gearbox, steering column, shocks and leaf springs Earliest of 2 years, 7,000 miles
PEDAL GROUP – Pedal assemblies, brake assemblies, brake cables and motor brake Earliest of 2 years, 7,000 miles
SEATS – Seat bottom, seat back and hip restraints Earliest of 2 years, 7,000 miles
CANOPY SYSTEM – Canopy and canopy struts Earliest of 2 years, 7,000 miles
POWERTRAIN – Toyota AC Drive System, electric axle Earliest of 5 years, or 14,000 miles
OTHER ELECTRICAL COMPONENTS – Solenoid, limit switches, voltage regulator, F&R switch, charger cord and charger receptacle
Earliest of 2 years, or 7,000 miles
* Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than .4 amps shall reduce the amp hour battery warranty by fifteen percent (15%). Added electrical components not part of original Vehicle drive system equipment that consume less than .4 amps shall reduce the amp hour battery warranty by ten percent (10%). See reverse for other battery warranty limitations, conditions and exceptions
DEEP CYCLE BATTERY :
- Standard Battery
- Standard Battery with optional water fill system
Earliest of 2 years, 7,000 miles or 23,000 amp hours*
DEEP CYCLE BATTERY – Lithium Ion Technologies Earliest of 10 years, 14,000 miles, or 5000 Cycles
Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the Customer Care / Warranty Department.
EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are:
- routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current;
- damage to or deterioration of a Vehicle, part or battery charger resulting from inadequate maintenance, neglect, abuse, accident or collision;
- damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company;
- warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty;
- damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control;
- any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service;
- and any and all expenses, fees or duties incurred relative to inbound freight, importation, or customs.
THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF SmartCart® USA IF THE VEHICLE AND/OR BATTERY CHARGER:
- shows indications that routine maintenance was not performed per the Owner’s Manual, including but not limited to rotation of fleet, proper tire inflation, lack of charging, inadequate battery watering, use of contaminated water, loose battery hold downs, corroded battery cables and loose battery terminals;
- lacks an adequate number of operating battery chargers, uses unapproved battery chargers or uses extension cords with battery chargers;
- shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond SmartCart USA specifications;
- shows indications it has been altered or modified in any way from SmartCart USA specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; has non-Company approved electrical accessories or electrical energy consuming devices installed on a without installation of a heavy duty 12V battery;
- or is equipped with non-standard tires not approved by Company.
USE OF NON-APPROVED SmartCart® PARTS AND ACCESSORIES: THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY SmartCart USA, OR WHICH WERE NOT INSTALLED BY SmartCart USA, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES.
REMEDY: Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that SmartCart USA will, at its sole option, repair or replace any defective parts. If SmartCart USA elects to repair or replace a defective part, SmartCart USA may at its discretion provide a factory reconditioned part or new component from an alternate supplier. All replaced parts become the sole property of SmartCart USA. This exclusive remedy will not be deemed to have failed of its essential purpose so long as SmartCart USA has made reasonable efforts to repair or replace the defective parts.
DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL SmartCart USA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT SmartCart USA WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER’S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE’S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DO NOT MAKE ANY SUCH MODIFICATIONS OR CHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. SMARTCART® USA
DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACT THE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. DEEP CYCLE BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS:
- ● The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle’s controller. To be eligible for this limited battery warranty, the warranty must be activated within forty-five (45) days of delivery of the Vehicle at the following web site – http:/smartcartev.smartmanual.biz. Failure to do so will void the battery warranty. A Purchaser who is unable to log onto the web site should call or write the SmartCart USA Customer Care /Warranty Department using the contact information below or Purchaser’s local dealer or distributor within forty-five (45) days of delivery of the Vehicle.
- ● Claims for battery warranty replacement require specific testing, as specified by the SmartCart USA Customer Care / Warranty Department. SmartCart USA, or an authorized SmartCart USA dealer or distributor, should be contacted to obtain a copy of the required tests, which must be performed and corrected for temperature, based upon BCI (Battery Council International) recommendations.
- ● NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTY FOR THE ENTIRE BATTERY PACK.
- ● ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF AN SMARTCART USA APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. Electric Vehicle storage facilities must provide the following:
- ample electrical power to charge all Vehicles and allow the charger to shut off automatically;
- battery chargers must each have an independent dedicated 15 amp circuit;
- each battery charger must be connected to its circuit with at minimum a NEMA 15-5R three-pin receptacle;
- five (5) air exchanges per hour in the charging facility;
- if the facility utilizes an electrical energy management system, the timer must be set to have available fourteen (14) hours of electricity;
- and one (1) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above.
The Warranty Period for all parts and components of the Vehicle other than Deep Cycle Batteries shall commence on the date of delivery to the Purchaser’s location or the date on which the Vehicle is placed in Purchaser-requested storage. The Warranty Period for Deep Cycle Batteries shall commence on the earliest of the date: (a) of Vehicle delivery to the Purchaser’s location, (b) on which the Vehicle is placed in Purchaser requested storage or (c) that is one (1) year from the date of sale or lease of the Vehicle by Company to an authorized SmartCart USA low speed vehicle dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the Customer Care / Warranty Department OTHER SMARTCART USA RIGHTS:
- SmartCart USA may perform semi-annual vehicle inspections (directly or through assigned SmartCart USA representatives) through the term of any fleet lease.
- SmartCart USA may improve, modify or change the design of any SmartCart USA vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers.
- SmartCart USA may audit and inspect the Purchaser’s facility, maintenance records and its Vehicles by SmartCart USA representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser’s storage facilities, and batteries.
THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS FALSE OR MISLEADING INFORMATION. AUTHORITY: No SmartCart USA employee, dealer, distributor or representative, or any other person, has any authority to bind SmartCart USA beyond the terms of this Limited Warranty without the express written approval of the SmartCart USA Customer Care / Warranty Department.