This Conventional Warranty (the “Warranty”) will be applied to all original Billato frames that get registered on the website www.billato.com (“Product(s)”) according to the following terms and conditions starting February 2nd 2020 as well as to all frames registered previously, to which Billato will extend this Warranty.

1. PREMISE: useful lifecycle of the Products and Designated Use

All the parts that make up a bicycle (frame, wheels, cranks, handlebar, gearshift, tires, 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 delectability 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.

1. WARRANTY TERMS

2.1 Subject and duration of the Warranty

Billato warrants the Products from production and material defects according to the conditions listed below. The Warranty solely applies to original Billato Products bought from authorized Billato sellers and registered through the website www.billato.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.billato.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 Billato bicycles. Such parts and components are covered by their own producers’ warranties, where provided. If Billato recognizes 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 Billato’s discretion, to the following methods:

1. Fixing without charge the Product or parts of the Product that were recognized as defective; or

2. Replacing without charge of the Product or parts of the Product recognized as defective

If such Product recognized 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 labor costs needed for the replacement.
In this Warranty the following are explicitly excluded:

1. Non original Billato Products or those which were not bought from an authorized Billato seller;

2. Products that have had their identifying codes removed, altered, cancelled or rendered unreadable;

3. Products that have been even partially repainted;

4. Products used as samples and/or for display;

5. Products that received any sort of change by the user or by third parties;

6. Defects arising from normal usage (including material fatigue);

7. Defects caused by abuse or incorrect usage of the Product or of its parts;

8. Defects coming from incorrect assembly according to Billato’ assembly conditions (for example, incorrect tightening torques);

9. 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-authorized sellers;

10. Defects arising from accidents and other events not caused by defects covered in this Warranty;

11. The Products that arrived to the end of their useful lifecycle;

12. Defects caused by the exposure to UV rays (discolouring, yellowing);

13. Defects caused by a saline environment;

14. Defects caused by careless transportation of the Product (the responsibility for which lies with the courier);

15. Aesthetic defects that could have been easily detected at the moment of purchase of the Product;

16. 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.billato.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 Billato on its products and explicitly excludes any supplementary clause, extension or implicit warranty regardless of who issues it. Billato 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:

1. The replacement Product, or part of it, benefits from a new warranty according to the terms and conditions set forth in this document;

2. The replaced Product, or part of it, becomes property of Billato.

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 recognized by Billato 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 Billato authorized seller from which he/she bought the Product and deliver the defective part in good cleaning condition along with:

1. Copy of the receipt of purchase of the Product indicating the Purchase Date;

2. A detailed description of the defect (we suggest using adhesive tape to aid in finding its exact position);

3. A description of the assembly (set-up) carried out on the Product subject to the complaints;

4. The name, address, telephone numbers and email provided when registering the Product on the website www.billato.com in order to verify the possible execution of the warranty extension procedure;

5. Indication of whether there is a desire for the Product to be given back if the warranty was not recognized 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 authorized 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 authorized 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 Billato authorized seller close to his/her location of residence. The existence or non-existence of the defect will be verified by Billato.  Accordingly, the applicability of this Warranty in accordance to this document is subject to inspection and authorization by Billato or an agent thereof. If, following a claim carried out correctly in accordance with this document, Billato recognizes the existence of a defect, the Product will be substituted or fixed at Billato’ discretion in accordance with paragraph 2.1.