Limited Warranty

 

For customers located in the United States, Each new electronic bicycle sold by VeoRide, Inc. (“Veo,” “us,” “we,” or “our”) comes with a Limited Warranty (as defined below) for the original retail purchaser. PROOF OF PRODUCT REGISTRATION AND ORIGINAL PURCHASE RECEIPT IS REQUIRED FOR VALID WARRANTY COVERAGE.

Warranty. Veo warrants to the original retail purchaser of the electric scooter that (i) the frame, fork and electronic parts (controller, throttle, IoT, motor, battery charger, front light, rear light) of the e-scooter will be free from defects in material and workmanship under normal use and service for one (1) year from the date of delivery, and (ii) the battery will be free from defects in material and workmanship under normal use and service for one (1) year from the date of delivery or 400 life cycles, whichever comes first (the “Limited Warranty”). The Limited Warranty exists for above mentioned defects that were already present at the time of delivery of the e-scooter and covers the battery, motor, controller, IoT. Like any rechargeable battery, your Veo rechargeable battery pack will experience a decrease in capacity over time as it is subjected to charge and discharge cycles. Veo warranties that your battery pack will maintain 70% or higher capacity for at least 400 charge cycles or one year, whichever comes first. The battery warranty does not include damage from power surges, use of an improper charger, water damage, improper maintenance, or such other misuse or normal wear. This warranty is only valid for the first buyer. Any other remedy, such as compensation for damages of any kind or loss of use, is excluded. The warranty period cannot be extended by granting an additional warranty.

Repairs or replacements during this Limited Warranty period will not extend or restart the Limited Warranty period. This Limited Warranty is made to the original owner only and is nontransferable. This Limited Warranty does not apply and is void in the event of rental or commercial use of the Product. The Limited Warranty is void if the Product is ever used in a manner other than for recreation or transportation. This Limited Warranty only covers Products sold in the United States and Veo is not obligated to provide any warranty coverage under this Limited Warranty for Products that are no longer in the Country regardless of whether they are still owned by the original purchaser. 

If the Product is defective in materials or workmanship and a claim is filed during the warranty period, Veo will, in its sole discretion, have the option to repair the Product, replace the Product with a comparable product (which may be new or refurbished), or refund you for the purchase price of the Product less a reasonable allowance for usage upon its return. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Veo regarding the Products or this Limited Warranty.

Exclusions Under the Limited Warranty

Veo stands behind its Products with its Limited Warranty. However, the Limited Warranty does not cover:

1. Normal wear and tear or maintenance, including wearable components such as the tires, tubes, rims, spokes, brake pads, brake rotors, cables, wheels, grips, suspension, rubber hand grips, sprockets, pinions, toothed belt discs, and seat. The brake pads and rotors are subject to wear owing to their function. Check the condition of the pads regularly and, if necessary, have them replaced by a specialist dealer. Brake rotors also wear out. Regularly have the thickness of the brake rotors checked as part of inspection and replace the components, if necessary. Replacing these parts due to wear, is not subject to the statutory warranty. Environmental factors cause wear on these moving parts. These areas must be regularly cleaned and maintained. Depending on the operating conditions, it cannot be ruled out that parts will have to be replaced due to wear (e.g. if bearing play starts to occur). You must contact your dealer (if applicable) or Veo before arranging repairs in order to ensure the quickest and most cost-effective way to deal with your issue. Shipping and disassembly instructions from either the dealer (if applicable) or Veo must be followed. Otherwise warranty service will not be provided. Failure to comply with the assembly specifications and inspection intervals can void the warranty and liability for defects. Parts which must be replaced due to wear are not covered under this Limited Warranty.
2. Damage from power surges, water damage, chemicals, fire, or extreme temperatures.
3. Damage caused by failure to follow the instructions in the Owner’s Manual and any amendments thereto.
4. If the model, serial number, or product number has been changed, deleted, blurred, or removed or if the seal and/or serial number decal on the battery housing has been broken or obviously manipulated.
5. Misuse, abuse, neglect, or modification of the Product.
6. Acts of God, natural disasters, external forces such as falling rocks, collisions, or accidents.
7. Damage caused by removal of parts, improper service, modification, or use of parts or accessories not manufactured or approved by Veo and which were not performed by Veo or an approved service partner. This includes any modification or tampering with the firmware.
8. Damages resulting from improper charging of the battery pack or use of any charger not supplied by Veo.
9. Use of any battery other than batteries designed and approved for use with the Product.
10. Any claim submitted more than 180 days after the original owner’s receipt of the product.
11. Normal decrease in battery capacity as it is subjected to charge and discharge cycles.
12. Veo is not liable for any incidental or consequential loss or damage due directly or indirectly to use of the Product including, but not limited to, towing, transport or delivery and pickup costs of the Product, loss of Product use, loss of profits, inconvenience, alternate transportation charges, or any other damages. Veo’s maximum liability under this Limited Warranty is limited to the purchase price of the Product. 

 

Process for Limited Warranty Claims

To submit a claim under the Limited Warranty, you must contact Veo before expiration of the Limited Warranty. Contact Veo at shop@veoride.com and the Veo Customer Care Agent will initially work with you on the problem to identify potential simple fixes. You must provide Veo with valid proof of purchase consisting of the original purchase document or receipt indicating the date of purchase, the serial number, the dealer’s name (if applicable) and the designation of the model. Veo reserves the right to reject the coverage under this Limited Warranty if the accompanying documentation of the Veo components is not accurate or complete. Veo may require photos and/or videos to be submittedvideos be submitted to a Veo Customer Care Agent before coverage under this Limited Warranty is determined. Veo reserves the right to inspect the Product before a final determination is made regarding coverage under this Limited Warranty. Any component or Product to be inspected, repaired, or replaced under this Limited Warranty must be transported to the designated Veo facility at your own expense and risk. Veo will not reimburse you for unauthorized repair work. If upon inspection your Limited Warranty is deemed to be void or your claim is not covered, you will be responsible for the cost of the repair service labor, parts, and return shipping. 

EXCLUSIONS OF LIABILITY AND WARRANTY DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, VEO MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED.  THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS LIMITED WARRANTY.  TO THE EXTENT THEY CANNOT BE DISCLAIMED, THE IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIFE OF THE EXPRESS WARRANTY. IN NO EVENT SHALL VEO BE LIABLE FOR DAMAGES ABOVE THE PURCHASE PRICE OF THE PRODUCT. VEO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT SOLD BY VEO OR OTHERWISE. VEO IS NOT RESPONSIBLE FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE OR ECONOMIC LOSSES BASED ON CONTRACT, NEGLIGENCE, OR PRODUCT LIABILITY IN ALL STATES THAT ALLOW EXCLUSION OF LIMITATION OF DAMAGES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND THOSE RIGHTS MAY VARY FROM PLACE TO PLACE. THIS LIMITED WARRANTY DOES NOT 

Upon purchase of the Product, you assume all liability, including for all personal injury and property damage resulting from the handling, possession or use of the Product. 

Product Performance.  

In purchasing the Products, you acknowledge and understand that Veo does not make any guarantee with respect to the Products’ top speed or expected range on a single battery charge.  These numbers are estimates only, and are not guarantees.  There are numerous factors that contribute to the actual, real-world speeds and range of electric vehicles, including the Products, including but not limited to battery age, temperature, riding conditions and terrain, and payload.  As a result, it is possible to get less than the expected minimum range or greater than the expected range.  Veo does not represent that the Product will meet any or all of your particular requirements. 

In addition, any alterations, modifications, and other changes made by you to the Products, which Veo explicitly warns against, not only will void the Limited Warranty but may adversely affect the safety, operation, and mechanics of the Products and shall be at your sole risk of harm.  You agree to indemnify and hold harmless Veo for any harm that results from unapproved alterations to or modifications of the Products. 

Limitation of Liability.  

It is expressly understood that in no event and under no circumstances shall Veo ever be liable to you or to any other person for consequential or incidental damages or in any amount greater than the purchase price of the Products, whether liability be predicated in tort, contract, strict liability theory, or any other theory.  VEO IS NOT LIABLE FOR ANY OTHER LOSSES.  However, these terms do not serve to exclude or limit Veo’s liability (if any) for any matter which it would be illegal for Veo to exclude or attempt to exclude from Velo’s liability. You may have other rights granted by law and these terms do not affect such rights.  

Acknowledgement of Risk, Safety Requirements and Indemnification.  

You acknowledge that there are inherent anticipated and unanticipated risks and dangers associated with the use of the Products.  You further agree and understand that such risks include, but are not limited to, severe injury and even death, and damage to property.  You agree to release, waive, defend, indemnify, and hold Veo and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will indemnify them from any claim or demand, including attorneys’ fees and costs, relating to or arising from: (a) your purchase or use of any Products; (b) any violation by you of these Terms and Conditions; or (c) your violation of another party’s rights or applicable law with respect to use of the Products or these Terms and Conditions.  Veo may assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you must fully cooperate with Veo in defending against the claims asserted.

Safe Operation.  

In purchasing the Products, you agree to fully read the Owner’s Manual provided with the Products and all on-product labels on each Product.  You further agree that you have read and understand the following: 

1. You will ensure that all riders of the Products have read and understand the Owner’s Manual, and that all instructions and warnings for safe operation of the Products are followed at all times;
2. You will ensure that the Products are only operated by person who are old enough to safely operate the Products as set forth in each Products’ Owner’s Manual.  You further agree to comply with your local laws and regulations regarding operator age and other qualifications;
3. You will ensure all riders of the Products wear a helmet.  Riding without a helmet puts the rider at a higher risk of serious injury or death. Always wear a properly fitted helmet;
4. You will ensure that no riders of the Products are under the influence of alcohol or drugs.  Riding while impaired is highly dangerous;
5. You will properly maintain and service your Products.  You must check your Products before each ride and as set forth by Veo in the Owner’s Manual.  Failure to properly maintain, service, and inspect the Products may result in serious injury and death.  It may also cause damage to the Products and/or other property damage; 
6. You will follow all instructions provided with your Products to ensure proper assembly (if applicable).  Proper assembly is important to your Products operating correctly and safely; and
7. You will never ride or use a Product that has a damaged battery or charger.  This can cause additional damage to the Products and/or create a fire hazard.  Stop using any damaged battery and/or charge immediately.  Please refer to the Owner’s Manual for more information; and

You agree to RELEASE AND HOLD HARMLESS VEO from all liabilities, causes or actions, claims, and demands that arise in any way from any injury, death, loss, or harm that you sustain or that any other person or any property sustained as a result of your use of the Products, including but not limited to your misuse of the Products, negligence, and defects in the design, manufacture, maintenance, assembly or inspection of the Products unless such loss is the sole result of the actions of Veo. 

Dispute Resolution

You agree that all disputes with Veo arising in any way from the Limited Warranty or arising out of or connected to the sale, value, condition, use, or performance of the Product, whether based in contract, tort, statutory, fraud, misrepresentation, or any other legal theory, must be resolved exclusively through final and binding arbitration and not by a court or a jury. YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES WITH VEO. BY AGREEING TO ARBITRATION, YOU ARE WAIVING IMPORTANT RIGHTS, INCLUDING BUT NOT LIMITED TO, THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING AN ACTION IN A COURT OF LAW OR EQUITY. 

This transaction involves interstate commerce and thus the arbitration provision is entered into pursuant to the Federal Arbitration Act. The arbitration will take place in Los Angeles, California or a mutually agreed upon location. Arbitration shall be administered by JAMS, or alternatively a mutually agreed upon arbitrator or arbitration service, under the applicable commercial arbitration rules for JAMS or the mutually agreed upon arbitration service, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Limited Warranty, including, but not limited to any claim that all or any part of this Limited Warranty is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Veo will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Any such dispute will not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim, and specifically, without limitation of the foregoing, must not under any circumstances proceed as part of a class action or collective action. It is the intent of the parties that any and all disputes will be resolved on an individual basis only, and that the arbitrator will not have the power to award class or collective relief.