GENERAL TERMS OF SALE
This is a contract between Bolton & Gibson Pty Ltd (“Bolton & Gibson”) and you ("User"). By purchasing and/or operating a BG KAA Speed Electric Scooter ("Scooter"), you accept and agree to be bound by this agreement. These terms and conditions will govern the sale notwithstanding any inconsistent terms in any other purchase order, invoice, contract, or other subsequent writings.
We may, at any time, and at our sole discretion, modify these Terms with or without notice to the User. Any such modification will be effective immediately upon public posting at boltonandgibson.com/pages/terms-of-service. Your continued use of the Scooter following any such modification constitutes your acceptance of these modified Terms.
1 Year Limited Warranty
All Scooter purchases must be registered within 30 days of purchase by the original purchaser to be eligible for warranty service. Please visit https://boltonandgibson/pages/register to register your Scooter purchase.
Scooter warranty covers parts, motor and battery (except as further defined below) against defects in material and workmanship under ordinary consumer use by the original owner for a period of 1 year from the date of purchase, as evidenced by the original sales receipt.
During these warranty periods, the original owner's exclusive remedy and Bolton & Gibson’s sole obligation will be that Bolton & Gibson will replace such defective parts once they have been returned to Bolton & Gibson and determined to be defective from manufacturer error.
Bolton & Gibson do not make repairs or installations of replacement components. For repairs, tune ups, and adjustments, please visit your local Bolton & Gibson authorized dealer, electric bike or motorcycle repair shop.
Except as otherwise expressly stated here, the Scooter is sold “as is”, with no implied warranties whatsoever.
This limited express warranty is in lieu of all other warranties, express or implied. Bolton & Gibson expressly disclaims all implied warranties of merchantability, non-infringement, and fitness for any particular use or purpose.
This limited warranty does not cover normal wear and tear, tires or brakes, or any damage, failure or loss caused by improper assembly, maintenance, repair, storage or use of the product.
This warranty shall not apply if the Scooter is modified by any party other than Bolton & Gibson. This warranty only applies to Scooters sold by Bolton & Gibson directly.
For warranty claims email us at firstname.lastname@example.org
WARNINGS AND PROPER USAGE
A KAA Speed Electric Scooter is a battery-powered motorized scooter that is intended to be used solely under certain environmental and operating conditions, as further described here. You agree that you will use the Scooter only in the manner and under the conditions described here, and that you will avoid using it in a manner that is obviously inadvisable, or under hazardous conditions, or under any other conditions for which Bolton & Gibson has issued warnings. You agree to follow and obey all operating requirements and procedures of the Scooter.
Operating Limits/Requirements: A Scooter is designed to work solely with single riders. The Scooter has a maximum carrying capacity of 200 kilograms/400 pounds. This weight limit includes the weight of the operator as well as all items and supplies held or worn by the operator. Should the motor become overloaded, the Scooter will automatically cut the power to save the system. The Scooter's controls limit it to a top operation speed of 46 kmh/28 mph. Scooter is designed and intended for persons 16 years and older. Scooter is not a toy. Persons under the age of 16 should not ride or operate the Scooter.
Operator Manual: Any operator of Scooter must fully read the Operators Manual found here and included with the product before attempting to operate the Scooter. Please refer to the operator’s manual for initial set up, battery charging, care and maintenance information.
Normal Operation: Scooter is intended to be used by a single rider or by a single rider sitting on the seat, or by a single rider standing in an upright position with both hands on the handlebars. Never place anything other than your feet on the floorboard. Never place your hands or feet anywhere in or near the wheels. Do not wear loose fitting clothing, or ankle or shoe jewellery. Always face forward while operating Scooter. Brake smoothly and allow sufficient braking distance. Use caution when operating near other cyclists or pedestrians. Do not operate Scooter on highways.
Safety Equipment: Always wear a helmet when operating Scooter. It is strongly recommended that you use a properly-fitting and approved bicycle or skateboard helmet that provides protection for the sides and back of your head.
Low Power: The Scooter's systems require sufficient battery power. Do not use if a low power condition (1 red or 1 red and 1 green dot) is indicated on the battery power meter or if the digital display shows 10% or less state of charge, or if you are otherwise aware that Scooter requires recharging.
No Modifications: Scooter is designed to function solely in accordance with its specifications. Do not modify it in any manner, as doing so may cause it to malfunction, resulting in injury or damage. Always inspect Scooter for damage prior to operating it. Scooter is not designed to have or use any after-market equipment or supplies. Use of any non-authorized or after-market equipment will nullify the warranty, and may cause Scooter to operate incorrectly.
Avoid Hazards: Use caution and reduce speed when using Scooter in rainy, icy, or snowy conditions, or in other conditions where you could lose traction. Always be aware of your surroundings and potential hazards. Always ride at a speed that is safe for you and others who are around you.
No Drugs/Alcohol: Never use Scooter while you are under the influence of drugs or alcohol.
No Distracted Driving: Never use Scooter unless you can focus your entire attention on operating it in a safe manner. Do not operate Scooter while talking or texting on a mobile phone or other electronic device.
No Towing: Scooter is not intended to, and should never be used to tow or pull any vehicle, bicycle, or pedestrian. Doing so can cause damage to Scooter, and places others in serious danger.
RISK OF INJURY – ASSUMPTION OF RISK
Whenever you use the Scooter, you risk death or serious injury from loss of control, collision, and/or falls. Such risk exists even if it is used in complete compliance with its instructions and warnings. BY USING Scooter, YOU ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR DISABILITY TO YOURSELF AND ANY PERSON UNDER YOUR CARE OR CUSTODY.
LIMITATION OF LIABILITY AND DISCLAIMER
You understand and agree that Scooter has inherent/natural and unforeseen potential for risks of injury, damage or loss, that include but are not limited to, injuries or damage caused by equipment, facilities, sidewalks, weather conditions, street conditions, condition of the rider, equipment, pedestrians, traffic, or the actions of other people. You agree, on behalf of yourself and any person under your care or custody, to hold Bolton & Gibson and all of its officers, directors, employees and advisors harmless from and against any and all liabilities, costs, expenses, fees (including reasonable attorneys’ fees), penalties, claims or causes of action arising from or related to your purchase, use (including any damages or injuries you or others incur), or your inability to purchase or use Scooter. In no event will Bolton & Gibson’s liability for claimed defective or nonconforming materials exceed the purchase price paid by you. In no event will Bolton & Gibson be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence) or other theories of law, with respect to goods sold or services rendered by Bolton & Gibson, or any undertakings, acts or omissions relating to them. In no event shall Bolton & Gibson be liable for any indirect, consequential, exemplary, special or punitive damages regardless of the theory of recovery. Bolton & Gibson specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of materials, or for any other types of economic loss.
The use of Scooter on public roads and sidewalks may be regulated or prohibited by local or state regulations. Bolton & Gibson does not warrant or guarantee that it may be legally operated on any roadway, sidewalk, path or related area, nor does Bolton & Gibson warrant or guarantee that it may be legally operated in your jurisdiction. Certain jurisdictions may set minimum age limits or license requirements for the use of Scooter, and/or require protective gear to be worn. You agree to review all local rules, laws and regulations that are applicable to your use of Scooter, and to comply with them.
You agree to defend, indemnify, and hold harmless Bolton & Gibson and its agents, servants, employees, officers, directors, trustees and all other persons or entities acting on its behalf, from any and all claims, actions, damages, liability, costs or expenses and attorney fees that arise out of the death or injury to person or damage to property resulting from the use, operation or ownership of Scooter by you, whether or not such claims, actions, damages, liability, costs or expenses are caused by the negligence of Bolton & Gibson.
Choice of Law and Venue
The venue for any proceeding brought under these terms shall exist solely and exclusively in Gold Coast, Queensland. Queensland law shall govern the interpretation and enforcement of these terms and conditions.