2.3 Waiver, Indemnity and Liability
By Consumer For Use of Goods
The regulations and compliance for the use of Goods
including personal electric vehicles is varied around
the World and the rules are dependent on the relevant
jurisdiction. In most countries there are laws which
apply to the Consumer for the use of their Goods on
public roads and paths. For example in many countries
(including parts of the EU) road users may only use
their pedelec e-bike if it is limited to a speed of 25
km/h and a power of 250W. It may be permissible in
some countries to exceed those limits where:
• the Goods are to be used on private property;
and/or
• the Goods comply with the legal requirements for
speed pedelecs or a higher classification in that
jurisdiction.
For some Goods we may provide you the Consumer
with a passcode to provide power assist levels which
will enable you to use the Goods at higher speeds and
power levels. It is a condition of the contract that you
will only use the Goods in compliance with the laws of
your relevant jurisdiction and this includes the use of
the passcode or higher power assist levels.
It is a condition of the sale of all Goods to the
Consumer that in relation to the use of the Goods:
• That it is the Consumer’s sole responsibility to
ensure that the Goods are at all times used in
accordance with all relevant laws, regulations
and rules (as updated or amended from time to
time) which may vary depending on the location
where the Goods are used;
• That use of the Goods may not be permitted or
lawful on public roads or paths, and public areas;
• That, unless otherwise permitted by law, the
Goods are to be used on private property only;
• To defend, indemnify and hold N+ bikes and/or
the dealer, retailer or distribution centre harmless
from and against any and all claims (including
negligence), liabilities, costs, expenses, losses,
damages and settlement expenses, including
legal costs, that N+ bikes and/or related parties
may incur, whether directly or indirectly, resulting
from, in connection with or arising out of any
unlawful use of the Goods to the fullest extent
permitted by law; and
• To forever discharge and release N+ bikes and/
or the dealer, retailer or distribution centre and
their officers, employees and agents from all
actions, suits, causes of action, demands, claims,
costs, losses and expenses of every description
whatsoever resulting from, in connection with
or arising out of any unlawful use of the Goods
(including use in breach of any laws, regulations
and/or rules) to the fullest extent permitted by law.
2.4 Disclaimer
There are risks associated in riding a bicycle which
cannot be predicted or avoided. To the maximum extent
permitted by law, N Plus Holdings Pty Ltd (trading as
n+ bikes) and its associates, limit any liability for any
loss caused by use of the bike or any products listed in
this manual. It is the owners responsibility to ensure
you are riding a bike compliant within your location
and jurisdiction. For details of the full legal terms
between you as customer and n+ bikes please see:
https://nplusbikes.com/pages/terms-of-service.
Please note that to access Sport+ and Track mode
(PAS level 4 and 5) you will be required to sign a
disclaimer. Please see www.nplusbikes.com/pages/
ownership to access this form.
2.5 Liabilities
1. Our liability for negligence, other than for gross
negligence, shall be limited to the maximum extent
permitted at law.
2. We shall not be liable (on whatever legal grounds)
for damages which may not reasonably be foreseen,
considering the type of the relevant Order and
Goods and assuming normal use of the Goods. The
foregoing limitations of liability shall not apply in
cases of wilful misconduct or gross negligence.
3. Except as specified by consumer laws, damage
claims of the Consumer based on obvious defects
of the Goods are excluded, unless the Consumer
reports the defect within 14 days after the delivery
of the Goods.
4. Whilst every effort has been made to ensure the
information contained within this user manual
is correct, n+ bikes makes no warranty as the
accuracy, comprehensiveness, or correctness of
any material, and provides all material on an “as
is” basis.
5. n + bikes, including our partners, directors, officers,
shareholders, employees, agents, contractors, and
other third parties associated with running the
Website, to the maximum extent permitted by law,
disclaim all liability and responsibility for any loss
or damage that might be suffered by you or any
third party caused by the Website or the Goods
sold on it including, without limitation, loss or
damage suffered as a result of negligence.
5/ Safety & disclaimer
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