WARRANTY AND DISCLAIMER
Seller warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.
THINGS WARRANTY WILL COVER
. Frame, rear motor, controller, display (if the correct advised display is fitted), battery, torque sensor cranks, chargers. Road Pack Lights and Alarm Kits. (In short any Major mechanical or electrical components)
THINGS WARRANTY WON’T COVER!
. Tires, inner tubes, wheels if they bend by your own aggressive riding as well as front forks, brake pads, kickstands, rear sprockets, peddles, seats, handlebars. (In sort any basic items of minor significance that can be due to end-users general possible use in any specific way that would indicate otherwise determined as unusual for parts to break in such a manner, E.g. Bent forks, bars, wheels, freewheel bearing or sprockets damage from heavy riding, jumping or crashes, punctured inners tubes, ripped tires, etc are the result of end-user).
ORDER CHANGES & ADMIN ALTERATIONS
The buyer is responsible for any “change of mind” alterations after an initial order is placed. Any such changes can accrue a $50-$100 charge/fee + the cost of parts. TAKE NOTE: All custom builds are personal to the customer E.g. Specs and parts are ordered in for your build. In some cases, if parts such as rear Motors, Batteries & Controllers are ordered in for your build and if you decide you want to upgrade after you have paid to process your order, it may require us to find a buyer for the parts already previously ordered. In some cases, this may require 24-48 hours and approval depending on circumstances, if in such cases this proves to be difficult to manage this as it causes our team setbacks/delays + trying to find new buyers for the (parts no longer wanted) we hold the right to refuse the change or may come at a premium cost depending on the scale of the change. TAKE NOTE also we cannot “Downgrade” things, we understand you may want to upgrade, but downgrades mean we have invested in parts that you now want at a lower cost to our outings we have bought in already for your build. We strongly advise you are sure you are happy with your build spec before you start, we will help every step of the way, and in such cases should you change your mind, we ask you please contact us ASAP.
PARTS & REPLACEMENT GOODS
TAKE NOTE: Some parts may require a shipping fee payment only and then can be sent for free. Shipping of replacement parts may take anywhere from 15-30 days on average. Please allow for this time. Also, all replacement parts need to be clearly identified with an issue supported by written reported proof of the issue by sending an email to customer.services@
AGE RESTRICTED PURCHASES & CUSTOMER SUPPORT
By continuing on our website you must be of the mature age of 16+ to make a purchase of one of our high power ebikes. Anyone below this age we cannot commentate with and must be assisted by an adult of a mature age. Our products/ebikes are considered a high-end custom service/product that will require an understanding of specifics that are not of a normal nature and have many levels of combined services that are not common in relation to usual bike providing services. Any after-sales services/aftercare customer support we must also deal with someone of mature age above 16+. We request that all buyers 16 or under assign a parent or garden to whom we will list on file and communicate with regarding to any additional service issues so we can best help resolve any potential problems in a mature manner that may not otherwise be understood by persons who are not of maturity.
Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
LIMITATION OF LIABILITY
Buyer acknowledges and agrees that seller’s liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on seller’s liability hereunder shall apply even if seller’s liability is due in whole or in part to its own negligence. Any action by or on behalf of Buyer or its successors or assigns for breach of this document must be commenced within one (1) year after the cause of action as accrued.
ACCEPTANCE OF ORDERS
Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.
RETURN OF MATERIAL
Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
PRICES & TAX
Unless otherwise indicated on the face of the invoice, all prices are quoted as per of full item only. The buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement. Any such tax or governmental charge will be added to the total invoice amount for what is known as quoted by our logistics. All prices are FOB Seller’s facilities. Applicable freight costs will be added to the invoice.
Buyer shall defend, indemnify and hold harmless Seller and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.
DICOUNTS & COUPON CODES
The usage of discount and coupon codes can only be used one code per customer at a time per sale and only with the purchase of full ebikes, E.g. Offer excludes accessories and merchandise. If any over usage is found we hold the right to cancel your order.
RIGHTS OF TERMINATION RELATING TO ORDERS
We “Enduro Ebikes Ltd” hold the right to cancel any order and refuse the rights of a sale if we feel a customer is unfit to purchase an item. This may be due to unrealistic demands and miscommunications that we feel are of a nature that will not allow us to work together successfully. In this case, we will give a full refund and the item if in its build stage will not be sent.
Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date.
Net cash thirty (30) days from the date of Invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Seller for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and attorneys’ fees.
TRANSPORTATION AND RISK OF LOSS
The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.
GOVERNING LAW AND ARBITRATION
This document shall be interpreted and governed by the law of the State of America, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.
CANCELLATION OR MODIFICATION
Any order placed with and accepted by Seller may be canceled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of order value to recover retrieval costs incurred. Seller will not accept cancellations of special custom orders if non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding. If you place an order on our site and pay in full without reading our build times and terms and “YOU change your mind” with 24-48 hours of placing your order with a written request of refund it is only possible for us to process refunds if we have not started to process and build your order, cancellation fees will also accrue a 6% cancellation charge/fee that covers all administrations alterations and PayPal compulsory charges that we have no control over. We ask all customers to please kindly understand what you are ordering when having a custom build take place and also the implications involved with simply a change of mind that is not of our own doing. We will do our best to support all factors but you are solely responsible for the order you place to which you will always be advised on and is clearly is stated as a written notice within the purchase pages of our site (Build & Shipping Times!). In some instances, if you have agreed to a build and it is well underway (e.g. anything more than 1 week into the build stage) and we have ordered your parts + our technicians/build team have already started to build your ebike, special terms will need to be applied for in writing that you will be billed between $150-$350 cancellations free upon the request for a refund at this stage if approved based on the stage of your order. Please understand custom orders are specific to each customer and parts ordered for each build come at a cost. Dependant on parts ordered with custom orders cancellation fees may increase but will be discussed between both parties as a settlement, In short, PLEASE TAKE NOTE: That “Custom items” that are “Not standard orders” and are built individual to each customer with various parts, color options, fitting requests or positioning of various components, thus things are “CUSTOM TO YOU” as a customer and are unique and not refundable.
REPAIRS & MAINTENANCE
Enduro eBikes do not offer a personal repair service. All repairs are the responsibility of each rider. We can help identify issues with our technicians and also provide parts, but any fitting is the responsibility of the owner of each bike. You may obtain advice from our build team/technicians if you wish, however it may be advisable to require and hire a bike mechanic or auto electrician in some cases.
The demand we now have regarding existing past customers and due to the nature of the bikes being “endurance”, it is common that various different riding styles may require continual maintenance. We do not have the facilities globally to cater for thousands of customers to be always fixing others repairs. We ask that all customers consider their riding as a hobby like Motorcross or Mountainbike riders and that they finger their own individual best mechanical processes with local service providers.