Limited Warranty for the Diggler Electric Scooters
Diggler provides this Limited Warranty to original purchasers of new Diggler Electric Scooters and separately purchased Diggler Conversion Kits that are purchased in and situated in the United States. The term “original purchaser” means the first retail purchaser who acquires the new Electric Diggler or separately purchased Diggler Conversion Kit from Diggler. In other words, this warranty applies only to the original purchaser of a Diggler Electric scooter or Conversion Kit and is not transferable to subsequent owners or any other party.
This warranty is not meant to suggest or imply that the Diggler Electric scooter cannot be broken or will last forever. A warranty is not a guarantee of satisfaction with a given product for a given use, and it does not cover shipping damage, failures caused by abuse, or parts that are expected to wear out during normal use (such as tires, tubes, brake linings and pads, batteries, and cables). It simply means that the Diggler Electric scooter is covered subject to the terms of the warranty set forth below. At times, manufacturing defects do occur, and those defects generally show up within the first two weeks of use. Diggler will replace failed parts that fail only due to manufacturing defects as follows:
1. Subject to the exclusions, limitations and conditions stated below, Diggler warrants the controller (purchased either separately as parts of a Conversion Kit or as component parts on a fully assembled Electric Diggler) against defects in materials and workmanship for a period of 2 weeks from date of delivery to the original purchaser(s).
2. Subject to the exclusions, limitations and conditions stated below, Diggler warrants all other component parts of the Electric Diggler and Conversion Kit, including as applicable and without limitation: motors, throttles, chargers, power cords, ignition systems, battery bags, wheels and tires for a period of thirty (30) days from the date of delivery to the original purchaser.
3. Subject to the exclusions, limitations and conditions stated below, Diggler warrants all other component parts of the Electric Diggler, including the fork, frame, and its components against defects in materials and workmanship for a period of one year from date of delivery to the original purchaser.
4. Diggler reserves the right to make a final determination of the cause of any component failure of an Electric Diggler or Conversion Kit.
5.There is NO WARRANTY on battery packs. See Diggler’s Basic Use and Care Manual (Diggler Electric) for instructions on how to maintain and charge the battery.
Light electric vehicles, such as the Diggler Electric Scooter, and any other Diggler scooter modified with a Conversion Kit, have limits. The Diggler Electric Scooter is NOT manufactured or intended for off-road use. Using the Diggler Electric Scooter or any scooter modified with a Conversion Kit on unpaved trails, roads or paths voids this Limited Warranty in its entirety.
This Limited Warranty does not cover damage to an Electric Diggler or Conversion Kit, including damage to the motor or battery, caused by any of the following:
All external causes such as, without limitation:
-immersion in water;
-misuse such as riding over obstacles, over loading, over-charging or improper charging of the battery,
-Failure to properly maintain or improper servicing of the Electric Diggler or any Conversion Kit;
-Modifying the motor or battery in any way; or,
-Otherwise using the Electric Diggler or any Diggler or non-Diggler product modified with a Conversion Kit in an abusive manner.
Warranty Claims: The warranty period begins on date of delivery. To return a scooter under warranty, you will need to call Diggler during regular business hours to receive a Return Authorization number. Once you have received a Return Authorization number, send all returns along with proof of purchase to:
401 Seventh Street
Petaluma, CA 94952
During the duration of the warranty, Diggler will either repair the scooter or component(s), or at Diggler’s sole discretion, will replace any defective scooter or component(s) with the same or equivalent components at its own cost. Diggler will pay or reimburse shipping charges only for items returned for repair or replacement that are validly under warranty. The original retail purchaser is responsible for the return of the scooter, undamaged in transit, to Diggler for warranty work and for the costs associated with shipping and insuring the scooter and component(s) when returning them. If Diggler determines a warranty claim is valid and conforms with this warranty, Diggler will repair or replace component(s) or replace the entire scooter at Diggler’s cost, including materials and labor. For valid warranty claims hereunder, Diggler will reimburse the original retail purchaser for shipping and insurance costs incurred as a result of returning the scooter to Diggler for warranty work at standard ground shipping rates, and Diggler will pay for shipping costs to return the scooter to the original retail purchaser.
Diggler’s liability hereunder is expressly limited to the repair or replacement of Electric scooters or component(s), or at Diggler’s sole discretion, to the net amount paid by the original retail purchaser.
The foregoing warranties are in lieu of and exclude all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise, including, but not limited to, any warranties of merchantability or fitness for a particular purpose.
In no event shall Diggler be liable for incidental, consequential or punitive damages arising from use or unavailability of the Electric scooter or component(s) in any manner, including, without limitation, damages for personal injury, property damage, or economic losses, whether based on contract, warranty, negligence, product liability , or any other theory.
Post-warranty (out-of-warranty) Service Policy
Diggler charges a non-refundable $55 diagnostic fee, applied toward the cost of labor, if you elect to have the scooter repaired by Diggler. If it is not cost-effective to repair your scooter, the diagnostic fee may be applied toward purchase of a replacement.
To return a scooter for out-of-warranty service, you will need to call Diggler during regular business hours to receive a Return Authorization number. Once you have received a Return Authorization number, send your scooter to:
401 Seventh Street
Petaluma, CA 94952
Diggler will not pay or reimburse shipping charges for items returned for service or diagnostic evaluation.
Please note that any out-of-warranty scooter delivered to Diggler for repair must be repaired or replaced within 30 days from the date Diggler receives it. Any repairs left over 30 days will be discarded or sold for the cost of the repair.
This limited warranty gives the consumer specific legal rights. The consumer may also have other legal rights which vary from state to state or country to country. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages or warranties, so some of the above limitations may not apply to you. If it is determined by a court of competent jurisdiction that a certain provision of this limited warranty does not apply, such determination shall not affect any other provision of this limited warranty and all other provision shall remain in effect.
Electric scooters can be dangerous to use. The user or consumer assumes all risk of personal injuries, damages, loss, or failure of the Scooter or system and all other losses or damages to himself and others and to any property arising as a result of using the Electric scooter.
For technical or warranty assistance, please contact Diggler at (707) 775-2452 or www.diggler.com.
YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS ELECTRIC SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.