Limited Warranty Service Process
If during your use of the Product you believe the Product or its component is defective and/or does
not work properly, PLEASE IMMEDIATELY STOP USING THE PRODUCT, AND STORE THE PRODUCT
PROPERLY. YOUR CONTINUED USE OF THE PRODUCT UNDER SUCH CIRCUMSTANCE MAY CAUSE
SEVERE BODILY INJURY OR EVEN DEATH TO YOU OR THE OTHERS.
Thereafter, please immediately
contact your region the Segway’s authorized reseller, or Segway’s authorized distributor, or an
authorized Dealer or product seller by phone or mail. Authorized parties (include distributors, resellers,
seller, parties, dealers) or their service providers are obligated to available to assist you online or offline in
diagnosing the defect, and if any, and providing further instructions. In the event the warranty services
are required, please prepare for the following materials including (i) proof of the original purchase of the
Product from Segway distributors, or resellers, or seller, or parties, or dealers, (ii) the Product’s serial
number, and (iii) a description of the defect if applicable. Upon the verification of your eligibility to the
Limited Warranty protection and/or services, you should provide your name, email address, and contact
phone number. The Segway’s authorized reseller, Segway’s authorized distributor, or an authorized
Dealer will support the warranty case.
Limited Warranty Eligibility
3.1.Your service request must be received by Segway within the Limited Warranty Period as described
above, and Segway’s authorized reseller, Segway’s authorized distributor, or an authorized Dealer
must receive your Product in accordance with the Limited Warranty Service Process defined above,
But only if you purchased from a legally authorized reseller, or dealer, or distributor, or parties.
3.2.Your Product must be purchased from a Segway authorized reseller, or dealer, or distributor or
parties. If not, you won't be able to enjoy the warranty rights of the genuine article, and you won't be
able to receive the protection of the legal framework.
3.3.You must provide the original purchase receipt.
3.4.Your Product must have the serial number legible, unobscured, unstamped, and unmodified.
3.5.All tamper-resistant seals must be intact, in place, and unmodified.
Limited Warranty Exclusions
This Limited Warranty describes the service available to you in the event your Product requires
warranty service and you may have additional protections under your local laws. This Limited
Warranty does not cover and excludes damage to your Product or any component thereof caused by:
4.1. Abuse, misuse, recklessness, negligence, or commercial use.
4.2. Improper charging, storage, maintenance, or operation of the Product not in compliance with
instructions or limitations as provided in the user materials.
4.3. Use of the Product not in compliance with applicable laws and regulations.
4.4. Use of the Product by persons with inadequate experience.
4.5. Accident, collision, riding at unsafe speed on paved roads, riding at unsafe speed on unpaved
roads, riding over obstacles, amateur racing, professional racing, use in backcountry sports, fire
damage, water damage, chemical damage, use of the product outside of the product’s working
temperature range, high-pressure water spray, earthquake, dropping, loading with excessive
weights.
4.6. Modifications to mechanical parts, modification of electronic parts, or modifications to software
embedded in the Product.
4.7. Service, repair, and maintenance by unauthorized providers.
4.8. Cosmetic damages.
4.9. Use of the Product with third party product, component, or accessory.
4.10.The normal deterioration of wear and tear parts.
4.11. Use of the Product with overdue wear and tear parts.
LIABILITY DISCLAIMER AND LIMITATION
SEGWAY AND OTHER SEGWAY PARTIES DO NOT ASSUME, OR AUTHORIZE ANYONE TO ASSUME
ON ITS BEHALF, ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH A PRODUCT, ITS
COMPONENT PARTS, ACCESSORIES, SERVICE REPAIR, OR THIS LIMITED WARRANTY.
SEGWAY AND OTHER SEGWAY PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OF USE OF A
PRODUCT, ITS COMPONENT PARTS, ACCESSORIES, OR FOR ANY INCONVENIENCE OR OTHER
LOSS OR DAMAGE WHICH MIGHT BE CAUSED FROM ANY DEFECT IN A PRODUCT, ITS COMPONENT
PARTS, ACCESSORIES, SERVICE REPAIR, OR FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES THE PURCHASER MAY HAVE AS A RESULT OF ANY DEFECT IN A PRODUCT, ITS
COMPONENT PARTS, ACCESSORIES, OR SERVICE REPAIR. SOME COUNTRIES/STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT
AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND OTHER
SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SEGWAY AND OTHER SEGWAY
PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED
WARRANTY. THE FOREGOING LIMITATOIN OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO
ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION OR
MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND
THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED,
RESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS
APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT
REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME
COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SEGWAY OR OTHER SEGWAY PARTIES’ TOTAL AND AGGREGATE LIABILITY FOR ALL
CLAIMS UNDER ANY AND ALL APPLICABLE LAW OR THEORY, JOINTLY OR SEVERALLY, ARISING
OUT OF OR RELATED TO THE PURCHASE OF THE PRODUCT, BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE EXCEEDS THE DUTY TO REPAIR OR REPLACE ANY
DEFECTIVE PRODUCT, FURTHER SUBJECT TO SEGWAY’S SOLE AND EXCLUSIVE DISCRETION. IN
NO EVENT SHALL BE SEGWAY OR OTHER SEGWAY PARTIES BE LIABLE TO ANY PERSON FOR
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED
DAMAGED ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF
THE PRODUCT, ANY BREACH OF THIS AGREEMENT OR MANUFACTURER’S DUTIES REGARDLESS
OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SEGWAY OR
OTHER SEGWAY PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE
LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW.
THE FOREGOING LIMITATIONS OR EXCLUSIONS APPLY EVEN IF AN AGGRIEVED CUSTOMER OR
ANY OTHER PERSON’S (WHO MIGHT HAVE RIGHT OR CLAIM UNDER THIS AGREEMENT BY
OPERATION OF LAW OR EQUITY) REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL
PURPOSE. IN THE EVENT SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN OR ALL OF THE FOREGOING DAMAGES, SO TO THE EXTENT THAT SUCH
LIMITATIONS OR EXCLUSIONS ARE NOT ALLOWED BY LAW, THEY MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SEGWAY PARTIES HEREBY DISCLAIM ANY
LIABILITY AND THEREBY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, INCLUDING BUT NOT
LIMITED DEATH, BODILY INJURY OR DAMAGES TO PROPERTY, ARISING OUT OF OR RELATED TO
ANY CONDUCT (INCLUDING MISCONDUCT), ACTION, INACTION, ACT (INCLUDING FAILURE TO
ACT), OMISSION OR NEGLIGENCE BY ANY AUTHORIZED OR UNAUTHORIZED DEALER,
DISTRIBUTOR, WHOLESALER, RETAILER OR THIRD PARTY THAT INVOLVES INTO DISTRIBUTION OF
PRODUCT OR THE SERVICES THERETO. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE
EXPLICIT REPRESENTATIONS, AND WARRANTIES, IF ANY, PROVIDED HEREIN, SHALL BE THE ONLY
WARRANTIES AND REPRESENTATIONS MADE BY SEGWAY PARTIES TO ANY CONSUMER OR END
USER. SEGWAY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTIES AND/OR
REPRESENTATIONS THAT MAY BE GIVEN AND/OR PROVIDED BY ANOTHER PERSON, UNLESS
SEGWAY PARTIES HAVE IN A WRITTEN FORM EXPLICITLY AUTHORIZED SUCH ADDITIONAL
WARRANTY AND/OR REPRESENTATION TO BE GIVEN TO CONSUMER OR END USER.
Claims and Dispute Resolution
THIE CLAUSE CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU AND SEGWAY, ITS
AFFILIATES, THE PRODUCT’S MANUFACTURER, DISTRIBUTORS, SELLERS, AND DESIGNERS AND
INCLUDING BUT NOT LIMITED TO EACH OF THOSE SPECIFICALLY NAMES AND NOT SPECIFICALLY
NAMED ENTITIES’ PREDECESSOR COMPANIES, SUBSEQUENT COMPANIES, AFFILIATED
COMPANIES, SUBSIDIARIES, PARENT COMPANIES, ADMINISTRATORS, SUCCESSORS, ASSIGNS,
EMPLOYEES, AGENTS, ATTORNEYS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AND
REPRESENTATIVES, AND ANY INSURER OR REINSURER THEREOF (TOGETHER “SEGWAY
PARTIES”). THE CLAUSE CONTAINED HEREIN MAY AFFECT YOUR RIGHTS TO REMEDY AND IT IS
YOUR RESPONSIBILITY TO READ THE FOLLOWING SECTIONS CAREFULLY BEFORE USE OF THE
PRODUCT.
6.1 Binding Arbitration
Segway Parties and you agree that any dispute, controversy or claim arising out of, relating to or in
connection with this agreement, the limited warranty, the sale, condition or performance of the
product, whether based in contract, tort, fraud, misrepresentation, or any other legal theory at law or
in equity, including but not limited to any claims for death, injury or property damages, shall be
submitted to binding arbitration upon the request of either party upon the service of that request on
the other party. This arbitration clause shall apply all the persons in privity with you, including your
family members, beneficiaries, and assigns.
The arbitration shall be conducted by China International Economic and Trade Arbitration
Commission (CIETAC) in accordance with its rules of in effect at the time of applying for arbitration.
The place of arbitration shall be Beijing. Segway Parties and you further acknowledge and confirm
that the arbitral award shall be final and binding upon all Parties, not subject to any appeal; and shall
deal with the question of costs of arbitration and all matters related thereto. Enforcement of the
award rendered by the arbitrators may be entered into by any court having jurisdiction thereof.
Segway Parties and you agree that this Agreement will be governed by and construed, interpreted,
and enforced in accordance with the laws of the People’s Republic of China with the Hong Kong
Special Administrative Region, Macau Special Administrative Region, and Taiwan being excluded.
YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY
AND ALL CLAIMS AND DISPUTES WITH SEGWAY PARTIES. YOU AGREE TO ARBITRATE SOLELY ON
AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR
ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE
PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE
OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED
INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION
AGREEMENT WILL REMAIN IN FORCE.
Section 6 “Claims and Dispute Resolution” clause shall survive upon termination or expiration of this
agreement and/or limited warranty or in an event that this agreement and/or the limited warranty is
held as void, avoidable, invalid, or unenforceable, either in whole or part, by a competent adjudication
institution with actual authority and jurisdiction over this matter.
6.2 Opt-Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY AND OTHER
SEGWAY PARTIES NO LATER THAN THIRTY (30) CALENDAR DAYS AFTER THE DATE OF THE FIRST CONSUMER
PURCHASER’S PURCHASE OF THE PRODUCT. TO OPT OUT YOU MUST SEND NOTICE BY E-MAIL TO SEGWAY AT
[email protected], WITH THE SUBJECT LINE: “ARBITRATION OPT OUT.” THE OPT-OUT NOTICE BY E-MAIL
MUST INCLUDE (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND PHONE NUMBER; (B) THE DATE ON
WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR MODEL NUMBER; AND (D) THE
SERIAL NUMBER. ALTERNATIVELY, YOU MAY OPT OUT BY SENDING AN ELECTION TO OPT OUT LETTER TO SEGWAY
AT: ROOM A101, A1 BLDG. ZHONGGUANCUN DONGSHENG TECHNOLOGY PARK (NORTHERN TERRITORY), NO. 66,
XIXIAOKOU RD, HAIDIAN DIST., BEIJING, CHINA VIA CERTIFIED MAIL WITHIN THIRTY (30) CALENDAR DAYS FROM
THE DATE OF THE FIRST END USER’S PURCHASE OF THE PRODUCT FROM SEGWAY DEALER. THE OPT-OUT LETTER
SHALL CONTAIN THE FOLLOWING INFORMAITON: (A) YOUR NAME, EMAIL ADDRESS, MAILING ADDRESS, AND
PHONE NUMBER; (B) THE DATE ON WHICH THE PRODUCT WAS PURCHASED; (C) THE PRODUCT MODEL NAME OR
MODEL NUMBER; (D) THE SERIAL NUMBER; AND (E) AN STATEMENT AS FOLLOWS: THE ABOVE CONSUMER ELECTS
TO OPT OUT THE DISPUTE RESOLUTION PROCEDURE AS PROVIDED BY THIS LIMITED WARRANTY, THESE ARE THE
ONLY TWO EFFECTIVE WAYS TO OPT OUT THIS DISPUTE RESOLUTION PROCEDURE. ELECTION TO OPT OUT THIS
DISPUTE RESOLUTION PROCEDURE WILL NOT AFFECT THE COVERAGE OF THE LIMITED WARRANTY IN ANY WAY,
AND YOU WILL CONTINUE TO ENJOY THE BENEFITS OF THE LIMITED WARRANTY.
6
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Содержание KickScooter MAX
Страница 1: ...North American Important Information and Limited Warranty CE 04 00 0260 01 B XX Ninebot KickScooter...
Страница 14: ...Garantie limit e nord am ricaine et convention d arbitrage Ninebot KickScooter...
Страница 27: ...Acuerdo de garant a limitada y arbitraje en Norteam rica Ninebot KickScooter...
Страница 40: ...APAC Important Information and Limited Warranty Ninebot KickScooter...
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