3)
Language
This Agreement may be translated into different languages. In the event of a conflict, the English version shall prevail
and control.
SEGWAY DEALERS 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 THEIR ESSENTIAL
PURPOSE. IN THE EVENT SOME COUNTRIES 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 DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THE EXTENT THAT SUCH LIMITATIONS OR
EXCLUSIONS ARE NOT ALLOWED BY LAW, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
4)
To the extent permitted by applicable law, SEGWAY PARTIES and SEGWAY DEALERS hereby DISCLAIM any liability
and thereby shall not be responsible for any damages, including but not limited to 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, service
provider or third party that involves into the 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 YOU, any consumer, and/or end-user. and 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.
1)
Binding Arbitration
Segway Parties, Segway Dealers 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 governed by and construed in accordance with the laws of the
Netherlands with the exclusion of its conflicts of law provisions, and finally resolved by the International Chamber of
Commerce (ICC) under the 2021 ICC Rules of Arbitration (ICC Rules) for the time being in force, which Rules are
deemed to be incorporated by reference into this clause. Further the Parties agree that:
i.The seat of the arbitration shall be Amsterdam, Netherlands.
ii.The Tribunal shall consist of 3 arbitrator(s).
iii.The language of the arbitration shall be English.
Section 6 “Claims, Dispute Resolution and Mandatory Arbitration” 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.
2)
Opt-Out
YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROCEDURE BY PROVIDING NOTICE TO SEGWAY or 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 EMAIL 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 Dynamostraat 7, 1014BN, Amsterdam, The Netherlands. 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 INFORMATION: (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.
THE CLAUSES CONTAINED HEREIN ARE LEGALLY BINDING BETWEEN YOU, SEGWAY PARTIES AND SEGWAY DEALERS.
THE CLAUSES CONTAINED HEREIN MAY AFFECT YOUR RIGHTS, AND IT IS YOUR RESPONSIBILITY TO READ THE
FOLLOWING SECTIONS. YOU CAN OPT OUT OF THE AGREEMENT WITHIN 30 CALENDAR DAYS OF THE FIRST CONSUMER
PURCHASE BY EMAILING [email protected] AND PROVIDING THE APPLICABLE INFORMATION. FOR MORE
DETAILS, PLEASE SEE SECTION 6.2.
13.5 Claims, Dispute Resolution and Arbitration
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