FOX BICYCLE REPAIR TERMS AND CONDITIONS (USA AND CANADA)

The following terms and conditions (the "Terms and Conditions") govern the service, repair, or replacement of your product by Fox Factory, Inc. and its subsidiaries and affiliates (collectively, "FOX," "we" or "us" or "our").

Service under this Agreement is offered and valid only to residents located in the fifty states of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands (collectively hereinafter the "U.S"), and Canada.

1. Repair Service. To initiate a repair service, please submit a service authorization form online and submit payment information ("Service Authorization"). FOX will send you a confirmation of your repair Service Authorization via email shortly after receipt and will service your product as described with the estimated charges stated. You will then ship your product to FOX as instructed. Once service is complete, FOX will charge your payment method and ship the serviced product back to you.

   FOX may charge up to an additional Fifty Dollars (US$50.00) for overages in connection with your service.

   Residents of the U.S will automatically receive a detailed, itemized invoice via email. Residents of Canada will receive a paper copy of the detailed, itemized invoice with their return shipment. An electronic copy of the invoice may be requested by Canadian residents by contacting [email protected].

   When the product is covered by FOX's warranty or consumer warranty law, those terms are applicable law will also apply.

   To initiate a service request, you must be 18 years of age or older. You agree to pay all applicable taxes.

2. Warranty Evaluation. If you are requesting a service based on a warranty claim, you will be asked to upload proof of your purchase and to describe the defect. If you do not have proof of your purchase, your claim may be void. If FOX determines, at its sole discretion, the issue is not one covered under the existing warranty, then FOX will contact you to inform you the price of the service and will await your approval before proceeding. If you do not approve the service, you will be responsible for shipping charges to send the product back to you.
3. Parts and Labor. In servicing your part, FOX may use parts or products that are new, previously used genuine parts, or parts that have been tested to meet FOX's functional requirements, subject to applicable law. FOX will retain the serviced or replaced part or product that is exchanged during the service as its property and the replacement part or product will become your property. If applicable law requires FOX to return a replaced item to you, and upon your request, you agree to pay FOX the retail cost of the replacement item and shipping.
4. Payment. You will be charged before shipment of your serviced product to the card you provided during the Service Authorization. Payment must be received prior to shipment of your product. You agree to pay in full the prices for any purchases you make either by credit/debit card or by other payment means acceptable to us. If payment is not received by us, your product will held for sixty days until payment is made, otherwise it will be deemed abandoned. If payment is received by us and later disputed or denied, you agree to pay all amounts due in collection of the payment owed, as applicable by law.
5. Prices and Tax. Your total Service Authorization will include the price of the product or service on the day of servicing or site access. FOX reserves the right to change pricing at any time or to correct typographical errors, see Section 18. A changing in pricing would not affect any Service Authorizations already submitted. In addition to your purchase price, FOX will charge sales tax on applicable transactions based on your shipping address and the sales tax rate in effect at the time your order is billed.
6. Shipping. After you submit a service request order form online, FOX will send you instructions for shipping and packaging. You are responsible for payment of shipping to and from FOX, except for warranty claims (where you are responsible for shipping to FOX, and FOX will cover return shipping to you). You are also responsible for parts that are lost or damaged because of failure by you or the shipping carrier. The shipment to FOX will be included in your payment price.
7. Delivery. Once your order has been prepared for shipment or has been shipped, FOX is unable to change the shipping address.
8. Service Status. Your service status will be emailed to you automatically by the FOX system. You may inquire about your service status at any time by contacting 1-800-369-4796 or [email protected].
9. Cancellation. Once a Service Authorization has been submitted and the product has been shipped, you may not cancel the service order.
10. Irredeemable Products. If FOX determines your product cannot be serviced and does not require a replacement, under applicable law and within the warranty period, then FOX will not service your product and will ship it back to you. We advise you carefully review our website when submitting your Service Authorization for the types of services we cannot perform.
11. Abandoned Product. FOX will ship your serviced product to the mailing address you provided when you authorized service. If the product is returned to FOX by the shipping carrier because delivery could not be completed to the address provided, FOX will attempt to contact you for an alternative mailing address. If you do not respond to FOX's request within sixty days, you will be notified, and your product will be deemed abandoned. FOX may dispose of your product in accordance with applicable law, including selling your product.
12. Refunds. Except as provided by your product warranty, FOX does not provide refunds for service orders.
13. Service Warranty. For all service orders, FOX provides an express limited warranty as follows: FOX warrants that (a) services performed will conform to their description for ninety (90) days from the date of service; and (b) all parts of products used in service will be free from defects in materials and workmanship for ninety days from the date of service. If a non-conforming service or defect arises in the repair or replacement of a product during the applicable warranty period, FOX will at its option or as required by law, either (x) re-perform the services to conform to their description; (y) repair or replace the product using parts that are new or previously used and have been tested and passed functional requirements; or (z) refund the sums paid for the repair service.

    Residents of Canada: In addition to the rights in this Agreement, residents of Quebec are governed by Quebec's consumer protection legislation.

14. Disclaimer of Warranty. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, FOX SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
15. Limitations of Liability. FOX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, FOX WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, FOX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (a) PERSONAL DEATH AND INJURY AND (b) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES FOX DOES NOT SEEK TO EXCLUDE THIS LIABILITY.

    NOTE, CONSUMERS MAY HAVE CERTAIN ADDITIONAL RIGHTS BASED ON THEIR COUNTRY OF RESIDENCE. THE BENEFITS HEREIN ARE IN ADDITION TO THOSE RIGHTS. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS.

16. Data Processing. You agree and understand that by submitting a service request, it is necessary for FOX to collect, process, and use your personal information to perform the services under these Terms and Conditions. FOX will protect your personal information in accordance with its Privacy Policy, available at https://www.ridefox.com/tos.php?p=privacy.
17. Export Control. You may not export or re-export in violation of export laws, including if applicable, into any US-embargoed counties or to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce Denied Person's List or Entity List.
18. Typographical Errors. FOX is not responsible for any typographical errors and reserves the right to cancel any order for a typographical error in pricing or other terms.
19. Changes to Terms of Use. FOX reserves the right to change any portion of the Terms and Conditions, in whole or in part, at any time. Where permitted by applicable law, changes in the Terms and Conditions will be effective when posted.
20. Waiver. Any waiver or any right under this Agreement shall not be construed as an ongoing or continuing waiver of the same or any other right, unless such waiver is in writing signed by the waiving party.
21. No Third Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
22. Force Majeure. FOX will not be liable for loss, delay, or nonperformance to the extent resulting from any force majeure event, or an event outside of FOX's reasonable control.
23. Subcontractors. FOX may subcontract with other service providers for the service of your product.
24. Conflict of Terms; English. In the event of a conflict between different translations of this document, the English translation will prevail.
25. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, in whole or in part, by judgment, order or decree of any court or other judicial tribunal of competent jurisdiction, it shall be severed from this Agreement and the remaining terms and provisions shall remain valid and in full effect.
26. Complete Agreement. This Agreement supersedes all agreements either oral or written between the parties with respect to the rendering of services by FOX.
27. Governing Law. If you are a resident of the United States, this Agreement is governed by the laws of the State of Georgia without giving effect to its conflict of law provisions. If you are a resident of Canada, excluding Quebec, this Agreement is governed by the laws of Ontario, without giving effect to its conflict of law provisions. If you are a resident of Quebec, Canada, this Agreement is governed by the laws of Quebec, without giving effect to its conflict of law provisions.
28. Contact Information. Contact us at [email protected] with the subject line "[BICYCLE TERMS AND CONDITIONS]" if you have any questions relating to these Terms and Conditions or [email protected] if you have any questions regarding your service:

    For US Residents: Fox Factory, Inc. at 2055 Sugarloaf Circle, Suite 300, Duluth, GA 30097

    For Canadian Residents: RFE Holding (Canada) Corp. at #118 - 8333 Eastlake Drive, Burnaby, BC V5A 4W2.

29. NOTICES TO CALIFORNIA CUSTOMERS.

    As required by the California Business & Professional Code § 9844, FOX will give you an estimate for service in writing. FOX may not charge for work done or parts supplied in excess of the estimate without prior consent from you. If notice has been provided, FOX may charge a reasonable fee for services providing in determining the nature of the malfunction in preparation of a written estimate for service.

    A California resident who purchased FOX products has the right to have the product serviced and repaired during the product's warranty period. The warranty period will be extended for the number of whole days that the product is out of your hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond your control, or if the warranty repaired did not remedy the defect and you notify FOX or the seller of the failure of the repairs within sixty days after it was completed. If after a reasonable number of attempts, the defect has not been fixed, you may return the product for a replacement or a refund, subject in either case to a deduction in reasonable charge for usage.

Last Updated: May 2, 2023