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OJO OJO500 - Page 13

OJO OJO500
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What your Scooter and Battery Warranties do not Cover
The following are not included as part of the Warranty:
• Ofcial OjO Accessories, tires and brake pads
• The cost of parts and labor involved in any routine care and
maintenance and/or the replacement of parts due to normal wear
and tear, use, or deterioration, including but not limited to: tires, brake
pads and rotors, grips and the seat seating surfaces.
• Any cosmetic concerns that arise as a result of accidents,
environmental conditions (including acid rain, volcanic ash, sea salt,
bird droppings, hail and/or UV exposure), owner misuse, overloading,
use as a tow vehicle, lack of routine care and maintenance, and/or
other improper use.
• Damage, malfunctions, or performance problems caused by
after-market accessories installed on a OjO scooter by someone other
than an authorized OjO service center.
• Damage, malfunctions, or performance problems caused by any
modification of the Scooter or the improper repair or installation of any
parts not sold or approved by OjO.
• Damage, malfunctions, or performance problems caused by re,
collision, accident, or improper storage
Customer responsibilities
As the owner of a Scooter covered by this Warranty, it is your
responsibility to read, understand and comply with the Owner’s Manual,
this Warranty, and all product warnings before operating your OjO
Scooter. Serious injury or death can result from improper operation or
failure to observe warnings and safety instructions on any OjO scooter.
Voiding the warranty
• The Warranty will be voided with avoidable, continued operation of the
OjO Scooter after an error code appears indicating a mechanical or
operational problem.
• OjO Scooters severely damaged or declared to be a total loss will not
be covered under this Warranty.
• Exposing the Scooter or battery to ambient temperatures above 120°F
(49°C) or below -22°F (-30°C) for more than 24 hours at a time will void
the Warranty.
• Subjecting the OjO Scooter to ood water, windstorms, hailstorms or
other similar occurrences will void the Warranty
• Immersion of the OjO Scooter in any liquid medium will void
the Warranty.
• Attempting to alter the programming of any OjO electronic system will
void the Warranty.
Warranty Voidance Specific to the Battery
In addition to the actions set forth above which will void the Warranty,
the battery warranty will be voided in the event the following
actions occur:
• Damage resulting from intentional abuse, a collision or accident, or
opening of the battery case will void the Warranty.
• Exposing the battery to direct ame or the immersion of the battery
in any liquid medium will void the Warranty.
• Dropping the battery onto hard surfaces, sufcient to crack the outer
casing will void the Warranty. If you drop the battery and the outer
casing does not crack, you should contact OjO to have the
battery inspected.
Disclaimers
THIS WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR, SHIPPING
DAMAGE, UNAUTHORIZED ALTERATIONS, MODIFICATIONS, ACCIDENTAL
DAMAGE AND DAMAGE FROM MISUSE OR NEGLECT. EXCEPT AS
OTHERWISE PROVIDED BY APPLICABLE LAW AND THE LIMITED PRODUCT
AND PERFORMANCE WARRANTIES INCLUDED ABOVE, THE FOREGOING
REMEDIES STATE OJO ELECTRIC, LLC’S SOLE AND EXCLUSIVE OBLIGATION AND
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FORE-
GOING LIMITED WARRANTIES. THE LIMITED WARRANTIES SET FORTH HEREIN
ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ALL OTHER
WARRANTIES OR OBLIGATIONS ON THE PART OF OJO ELECTRIC, LLC. SOME
JURISDICTIONS LIMIT OR PROHIBIT DISCLAIMERS OF WARRANTY, SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH LIMITATIONS OR
PROHIBITIONS APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OJO ELECTRIC, LLC
HEREBY DISCLAIMS, AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY
WHATSOEVER FOR, DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR
OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING
OUT OF OR RELATED TO THE SCOOTER OR ANY OF OJO ELECTRIC, LLC’S OTHER
PRODUCTS OR THEIR USE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL OJO ELECTRIC, LLC BE
LIABLE TO CUSTOMER, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER
CUSTOMER, FOR ANY LOST PROFITS, LOSS OF USE, OR EQUIPMENT DOWNTIME,
OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND,
HOWSOEVER ARISING, RELATED TO THE OJO OR ANY OF OJO ELECTRIC, LLC’S
OTHER PRODUCTS, EVEN IF OJO HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
OJO’S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT
EXCEED THE PURCHASE PRICE PAID TO OJO ELECTRIC, LLC BY CUSTOMER FOR
THE SCOOTER AND OTHER PRODUCTS. CUSTOMER ACKNOWLEDGES THAT THE
FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL ELEMENT OF THE
AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH
LIMITATIONS THE PURCHASE PRICE OF THE OJO AND OTHER PRODUCTS WOULD
BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT
DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY. SOME JURIS-
DICTIONS MAY LIMIT OR PROHIBIT THE LIMITATION OR EXCLUSION OF DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE EXTENT
SUCH LIMITATIONS OR PROHIBITIONS APPLY.
Governing Law and Arbitration
This Warranty shall be interpreted under, and governed by, the laws of the State of
California, without regard to the conict of laws principles. Either OJO ELECTRIC,
LLC or Customer may elect to have any dispute, claim or controversy arising out of
or related to the Scooter or use of the Scooter or arising out of or related to this
Warranty, including any alleged breach hereof, or any matter governed by this
Warranty (collectively, a “Dispute”) resolved through binding arbitration by
providing prompt written notice of such election to the other. Upon such election,
all such Disputes will be settled exclusively by arbitration with a single arbitrator
in accordance with the Commercial Arbitration Rules of the American Arbitration
Association (the “Rules”). The arbitration hearing shall take place in Santa Monica,
CA. Judgment upon the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof. The arbitrator will have the power to render
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