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 ELECTRIC, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, OJO ELECTRIC LLC’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 LIABILI-
TY 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 JURISDICTIONS 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 conflict 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
25
www.ojoelectric.com
Summary of Contents for OjO electric 500 Series
Page 13: ...13 www ojoelectric com...
