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Canada Limited Warranty
Shell
RIDE
Limitation of Liability
13. The Customer acknowledges and agrees that:
(a) Gentec assumes no liability for the use and operation of the E-bike;
(b) all users and operators of the E-bike must be properly qualified;
(c) all users and operators of the E-bike must abide by all applicable provincial or other applicable law
relating to its use and operation;
(d) in the event of any health concern, the user or operator will consult a physician before using or operating the
E-bike;
(e) the E-bike must be properly maintained to ensure it is safe to use and operate, including steering, brakes, drive
train, tires, throttle, and kill switch;
(f) the E-bike must be inspected prior to any use to ensure it is in riding order and safe to use;
(g) safe use and operation of the E-bike requires approved safety equipment including, but not limited to, helmet,
goggles, leg and arm protection and gloves;
(h) all body parts and any foreign objects must be kept clear of the E-bike’s moving parts including, without limita-
tion, the chain or spindle drive;
(i) the E-bike is intended for use by one operator, and during daylight hours when visibility is not limited;
(j) operating any vehicle, including E-bikes, involves inherent risk including, but not limited to, risk of serious bodily
injury, disability or death. These inherent risks may be the result of acts or omissions of the Customer or other
persons, including negligent acts or omissions; and
(i) the Customer assumes all risks of, and responsibility for, the use and operation of the E-bike.
Limitation of Remedies
14. THE REMEDIES DESCRIBED ABOVE ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND
GENTEC’S ENTIRE LIABILITY TO THE CUSTOMER FOR THE E-BIKES, COMPONENTS AND EXCLUDED PARTS,
AND FOR ANY BREACH OF THE LIMITED WARRANTY.
15. GENTEC SHALL NOT, IN ANY EVENT, BE LIABLE TO THE CUSTOMER FOR:
(A) ANY AMOUNT IN EXCESS OF THE ACTUAL AMOUNT PAID BY THE CUSTOMER FOR THE E-bike;
(B) ANY PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS
OR REVENUE OF THE CUSTOMER OR ANY OTHER PERSON, ARISING FROM THE USE OR OPERATION OF
THE E-bike; OR
(C) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT
OR INDIRECT, AND EVEN IF GENTEC HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES.
16. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, GENTEC DISCLAIMS ALL IMPLIED WARRANTIES
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
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