THE ELECTRIC BICYCLE CO PTY LTD ACN 007 066 319 ("The Electric Bicycle Co") WARRANTS
to the
original purchaser ("
Purchaser
") of
Bicycles, Tricycles and or parts from The Electric Bicycle Co
("
TEBCO Product
") that this TEBCO Product when used for normal riding purposes is free from defects in
workmanship and materials.
1.
TERM OF WARRANTY AND ITEMS COVERED
This warranty extends to the specific TEBCO Product purchased by the Purchaser for the following
period from the date of purchase:
(a)
the frame of the Bicycle or Tricycle for a period of two years;
(b)
the mechanical and electrical components (including but not limited to the motor, charger
and circuit boards) for a period of twelve months; and
(c)
the batteries for a period of twelve months;
2.
NOTICE
2.1
The Electric Bicycle Co Bicycle and The Electric Bicycle Co Tricycle are designed and intended only
for the purpose of normal riding and they are specifically not designed or intended for off-road riding
or any other uses including but not limited to jumping, stunt riding or racing.
2.2
To the greatest extent permitted by law and subject to the warranty provided, the Electric Bicycle Co
shall not be liable for any loss, damage, cost, injury, harm and expense of any kind (including
without limitation, consequential loss) arising from the use or supply of the TEBCO Product to the
Purchaser, and the Purchaser agrees to exclude all warranties implied by law which may lawfully be
excluded.
2.3
The Electric Bicycle Company accepts to the extent set out in the clauses herein, liability for all
warranties implied under the Trade Practices Act 1974 (Cth) or to any other legislation the effect of
which cannot be excluded. All warranties and conditions that are capable of exclusion save for
those expressly contained in the clauses herein, and would apart from this clause 2.3 form part of
these conditions of warranty, are expressly excluded.
3.
EXCEPTIONS TO WARRANTY
3.1
This warranty does not apply where a TEBCO Product:
(a)
has been used in a way for which it was not designed or intended to be used as set out in
clause 2 above;
(b)
has been used for hire, rental or any other commercial purpose;
(c)
has been modified or changed since its original supply by The Electric Bicycle Co;
(d)
fails due to an accident, abuse, neglect or due to normal wear and tear;
(e)
does not consist solely of original TEBCO Product parts or equipment; or
(f)
is defective or fails as a result, directly or indirectly, from a person, other than a person
explicitly authorised by The Electric Bicycle Co to repair, maintain or service a TEBCO
Product, adjusting or failing to adjust any TEBCO Product requiring normal maintenance
and service.
7
3.2
This warranty does not apply to wheels, tyres or tub
3.3
This Warranty extends only to the Purchaser and only if the TEBCO Product was purchased from a
person authorised by The Electric Bicycle Co to sell the TEBCO Product ("
Dealer
"). This warranty
may not be transferred by the Purchaser to any other person.