This Warranty is provided by the authorised distributor of Zycomotion products in your territory as described in paragraph 27, in relation to Scooters manufactured or supplied by Zycomotion and any part(s) of the Scooter manufactured or supplied by Zycomotion (”Scooter”).
In this statement that distributor is referred to as ”Zycomotion”.
This Warranty applies to Scooters purchased from an authorised distributor or reseller of Zycomotion by a person who is a consumer and end-user of the Scooter (”Purchaser” / ”you” / ”your”), for the duration and on the terms and conditions set out in this document (”Warranty”).
This Warranty is provided in addition to the statutory rights and remedies available to you as a consumer which may vary from country to country.
Nothing in this Warranty will reduce your statutory rights relating to defective or misdescribed goods.
In this Warranty, the term Scooter means any Zycomotion scooter variant, including but not limited to the ‘Zycom Mini‘, ‘C100 Cruz‘, ‘Easy Ride 200‘, ‘Urban Cruiser‘ and ‘C500 Coast’, manufactured or supplied by Zycomotion and any part of the Scooter manufactured or supplied by Zycomotion.
Offer and Duration of the Scooter Warranty
1. Zycomotion warrants that the Scooter will be, under normal application, use and service conditions when used by a person that appropriately fits and is capable of riding and controlling the Scooter when properly assembled as detailed in the Scooter instruction manual and subject to the conditions of this Warranty, free from defects in materials and workmanship affecting normal use:
1.1 for three (3) months from the date of purchase in relation to parts of the Scooter; and
1.2 for twelve (12) months from date of purchase in relation to a failure of the deck of the Scooter
2. This Warranty applies to all Scooters, or Scooter parts, purchased from an authorised distributor or reseller of Zycomotion in Australia, New Zealand, the United States of America, the United Kingdom, Ireland, the European Union and Quebec.
3. Where the Scooter, or a part of the Scooter, is proved to be defective or faulty during the Warranty Period, due to a defect in materials or workmanship, Zycomotion will, as appropriate, either:
3.1 repair the defective Scooter or parts of the Scooter;
3.2 replace the defective Scooter or parts of the Scooter; or
3.3 provide a refund to the Purchaser for the purchase price paid for the defective Scooter; without charge to the Purchaser.
4. The Warranty given by Zycomotion covers:
4.1 costs of delivery of any repaired or replaced Scooters or parts of the Scooter to the Purchaser’s usual residential address notified to Zycomotion, provided this is within the country where you purchased the Scooter;
4.2 costs of removal and return of any Scooters determined to be defective; and
4.3 reasonable expenses incurred by the Purchaser in making the claim, which expenses are to be claimed by writing to Zycomotion setting out such expenses, together with proof of such expenses being incurred by the Purchaser.
5. Zycomotion will not be liable for any damage incurred during transit of the returned Scooter.
6. The Warranty does not extend to medical or personal injuries and related expenses arising from the use or misuse of the Scooter, or other expenses not specified in this statement to be covered by the Warranty.
How to make a Warranty claim
7. In the event that a defect or fault is found in respect of a Scooter, or part of a Scooter, within the Warranty Period, you must make a claim in the first instance to the place of purchase of the Scooter. If this is not possible, or the consumer wishes to dispute the store representative’s decision, Warranty claims can be made in writing to Zycomotion at the postal or email address specified in clause 27 within the Warranty Period. Your claim should include the following:
7.1 details of the alleged defect or fault and the circumstances surrounding the defect or fault;
7.2 evidence of the claim, including photographs of the Scooter (where the subject of the claim is capable of being photographed); and
7.3 proof of purchase documentation for the Scooter and/or such other documentation as may reasonably be required by Zycomotion.
8. Zycomotion will provide you with written instructions on how you can return your Scooter as soon as reasonably possible after receipt of your written claim. The return of any Scooters without the prior written instructions of Zycomotion will not be accepted by Zycomotion.
Warranty Exclusions and Limitations
9. This Warranty does not apply to, or include, any defect, damage, fault, failure or malfunction of a Scooter, which Zycomotion determines, in exercise of its sole discretion, to be due to:
9.1 normal wear and tear or exposure to weather conditions over time, including but not limited to grips, deck tape, wheels, brakes and bearings;
9.2 accident, misuse, abuse, negligence, vandalism, alteration, modification or substitution;
9.3 non-observance of any of the instructions supplied by Zycomotion, including instructions concerning installation and assembly of the Scooter and all parts included with the Scooter in the factory sealed shipping carton containing the Scooter;
9.4 non-observance of any of the warnings supplied by Zycomotion or detailed on or in the pack aging of the Scooter;
9.5 failure to ensure proper and regular maintenance of the Scooter strictly in accordance with Zycomotion’s instructions in the Scooter instruction manual or failure to ensure proper and regular maintenance of any associated parts including but not limited to minor adjustments of functional parts such as brakes, steering assembly, bearings or moving components as is required for proper operation of the Scooter and to check regularly for damage as outlined in the Scooter instruction manual;
9.6 repairs to the Scooter that are not strictly in accordance with Zycomotion’s instructions;
9.7 use of the Scooter for rental or other commercial purposes;
9.8 installation of non-genuine or non-approved parts;
9.9 lightning, flood, storm, extreme heat, fire or other occurrence outside the control of Zycomotion; or
9.10 any indirect, incidental or consequential damage of whatever nature outside the control of Zycomotion.
10. Without limiting the rights of Zycomotion under any other clause in this Warranty, Zycomotion has the right to reject any Warranty claim made by a Purchaser pursuant to this Warranty where:
10.1 the Purchaser makes a claim in relation to a defect or fault in a Scooter or part of a Scooter that is discovered after the end of the Warranty Period;
10.2 the Purchaser does not notify Zycomotion in writing of a Warranty claim as soon as it is reason ably possible after becoming aware of the defect or fault giving rise to the claim, so that any further problems with the Scooter are minimised;
10.3 the Purchaser is unable to provide proof of purchase documentation in accordance with clause 7.3 and that proper maintenance has been performed on the Scooter, in accordance with the instructions of Zycomotion.
11. If no defect or fault is found and the Scooter is found to be working satisfactorily on return to Zycomotion or upon investigation, Zycomotion may, acting reasonably, require the Purchaser to pay reasonable costs of testing and investigating the Scooter in addition to shipping and transportation charges. Where Zycomotion is in possession of the Scooter, the Scooter will be returned to the Purchaser on receipt of the amount charged.
12. Any defective or faulty Scooters or parts of the Scooter that are retained by Zycomotion in the course of carrying out repairs or making replacements shall become the property of Zycomotion.
13. Zycomotion may, in exercise of its sole discretion, deliver another type of Scooter or part of a Scooter (provided that the substitute shall be as close to the type and specification of the Scooter or part of the Scooter belonging to the Purchaser as is reasonably possible) in fulfilling its obligations under this Warranty, in the event that Zycomotion has discontinued manufacturing or supplying the relevant Scooter or part at the time of the Warranty claim, or where such Scooter or part is superior to that originally purchased by the Purchaser.
14. Spare parts or materials for the Scooter are guaranteed to be available for a period of at least three (3) years after purchase of the Scooter.
15. Damages for any breach by Zycomotion of any express or implied term of the Warranty are agreed to be reduced to the extent that the Purchaser caused or contributed to the damage.
16. The Purchaser releases Zycomotion from all liability in respect of personal injury or death or damage or loss of property of any person including the Purchaser arising wholly or in part from the Purchaser’s acts, omissions, negligence, breach of duty, breach of contract or breach of the Warranty to the extent allowed by law.
Other Conditions of Warranty
17. If the Purchaser acquired a Scooter for the purpose of resupply, then this Warranty shall not apply to that Scooter. The sale of a Scooter via an online auction, online store or other internet website by a party that is not an authorised distributor or reseller of the Scooter will be deemed to be a resupply and will render this Warranty void unless Zycomotion has otherwise provided its prior written consent (such consent not to be unreasonably withheld), as Zycomotion has no control over the storage, handling, quality or safety of Scooters sold by such persons.
18. A Purchaser shall only be entitled to the benefit of this Warranty after all amounts owing in respect of the Scooter or any part have been paid.
19. Zycomotion will determine the existence of any defect and the cause of any defect. However, if you do not consider Zycomotion’s determination to be correct, you may refer the matter to an independent expert for their opinion.
20. The agents, officers and employees of any distributor or reseller of the Scooter and of Zycomotion are not authorised to vary or extend the terms of this Warranty.
21. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.Zycomotion shall not be responsible or liable to the Purchaser or any third party in connection with any non-performance or delay in performance of any terms and conditions of this Warranty, due to acts of God, war, riots, strikes, warlike conditions, plague or other epidemic, fire, flood, blizzard, hurricane, changes of public policies, terrorism and other events which are beyond the control of Zycomotion. In such circumstances, Zycomotion may suspend performance of this Warranty without liability for the period of the delay reasonably attributable to such causes.
22. If a clause or part of a clause in this Warranty can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause in this Warranty is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Warranty, but the rest of this Warranty is not affected.
23. This Warranty and any dispute or claim arising out of or in connection with it or its subject matter formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the country in which the Scooter was purchased.
Statement for goods purchased in the UNITED STATES
24. The warranty printed here is the only warranty applicable to this purchase and to the Scooter. Except as expressly provided herein, all warranties are hereby excluded and disclaimed, including without limitation the implied warranties of merchantability and of fitness for a particular purpose, and the buyer assumes all risk with respect to the quality and performance of the Scooter and the cost of all necessary service and repairs in the event of any defects in the Scooter. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. Any implied warranties which cannot be waived are hereby agreed to be limited to 90 days from the date of purchase. Any purchase of the Scooter by a person or in a purchase transaction that does not come within the terms of this limited warranty is purchased and sold “as is”, without warranty of any kind.
It is understood and agreed that seller’s liability and purchaser’s sole remedy, whether in contract, under any warranty, in tort (including negligence), in strict liability or otherwise shall not exceed the return of the amount of the purchase price of the Scooter paid by purchaser, and under no circumstances shall seller be liable for any special, incidental or consequential damages, including, but not limited to, personal injury, property damage, damage to or loss of equipment, lost profits or revenue, costs of renting replacements and other additional expenses, even if seller has been advised of the possibility of such damages. Except as expressly provided herein, all remedies which might otherwise arise by implication or operation of law are hereby excluded and waived. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Statement for goods purchased in QUEBEC
25. The Consumer Protection Act provides specific legal warranties on all goods you purchase from a merchant. Such specific legal warranties include a guarantee that: (i) the product is free from latent and safety defects that deprive the consumer from the ordinary use of the product; (ii) the product is suitable for the use for which it is normally intended; (iii) the product is durable in normal use for a reasonable length of time, having regard to its price, the terms of the contract and the conditions of its use; (iv) the product is in conformity with the description made, whether it is by their nature, their quality and/or quantity. Rights of action of the consumer based on the legal warranties can be taken against the merchant or the manufacturer. Subsequent purchasers of a product are also beneficiaries of the legal warranties and can take recourse against the manufacturer. The limitation period applicable to a recourse based on the legal warranties is three (3) years from the date of purchase.
Authorised distributors of Zycomotion products
AUSTRALIA & NEW ZEALAND
12/35 Garden Rd, Clayton, Victoria 3168, Australia
UNITED KINGDOM & IRELAND
ZYCOMOTION UK & IRELAND
Distributed by J&R SPORTS LIMITED
Vesty Business Park, Aintree, Merseyside, L30 1NY, UK
Customer Service: email@example.com
UNITED STATES OF AMERICA & CANADA
15 Timber Lane, Marlboro, NJ 07746
Distributed by SK8TE4U SPORTS PRODUCTION GMBH
Max-Born-Strasse 2, 53773 Hennef, Germany
Customer Service: firstname.lastname@example.org