Terms and Conditions
Seller warrants to Buyer that, as of the date of delivery of Products, such Products will conform in all material respects to the specifications set forth in the manufacturers published Product User Manual in effect as of the date of delivery (“Specifications”) of the relevant Products (the “Product Warranty”). The Product Warranty will survive acceptance by Buyer for a period of thirty (30) days (the “Warranty Period”). The Product Warranty will be void for any Product that (i) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to the Specifications of such Products or any instructions issued by the scooter manufacturer and / or Seller or (ii) has been reconstructed, repaired, modified or altered by third parties other than the scooter manufacturer or its authorized representatives. All claims relating to Products must be made during the Warranty Period, and any claims not made in writing during the Warranty Period shall be deemed waived. If Buyer properly notifies Seller of Buyer’s warranty claim and if, after its inspection, Seller agrees that the Product is in breach of the Product Warranty, Seller shall, at its option, (i) in conjunction with the scooter manufacturer, repair the Product so that it conforms to the Product Warranty, (ii) provide a replacement Product, (iii) provide a credit equal to the purchase price for such Products, or (iv) provide spare parts for the affected Products. The foregoing remedies are Buyer’s sole and exclusive remedies and Seller ’s sole liability for claims relating to the Products.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 11(a) ABOVE, ALL PRODUCTS ARE DELIVERED “AS IS, WHERE IS” AND WITH ALL FAULTS. SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 11(a) ABOVE, ANY WARRANTY PUBLISHED OR PROVIDED BY SELLER OR ANY OF ITS AFFILIATES WITH RESPECT TO ANY PRODUCT DOES NOT AND WILL NOT APPLY TO BUYER, ITS AFFILIATES BUYER’S CUSTOMERS OR END USERS OF THE PRODUCTS. NO EMPLOYEE, REPRESENTATIVE, OR AGENT OF SELLER HAS ANY AUTHORITY TO BIND SELLER TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY.
Limited to Buyer
The warranties in this Section 11 are personal to Buyer and non-transferable. Seller shall have no liability to Buyer’s employees, representatives or customers or to any end user of the Product, and Buyer shall make no warranties or representations, either orally or in writing, to anyone on behalf of or in the name of Seller . Except for the limited remedies provided in this Section 11, Buyer agrees that it alone shall be liable, to the exclusion of Seller, for the breach of any warranties given by Buyer to its customers or others regarding the Products.