Warranty terms and conditions

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

This warranty is provided in addition to your rights under the Australian Consumer Law. Directed Electronics Australia Pty Ltd (Directed Electronics) warrants that this product is free from defects in material and workmanship for the specified period below or 10,000km whichever occurs first from the date of purchase or for the period stated on the packaging. This warranty is only valid where you have used the product in accordance with any recommendations or instructions provided by Directed Electronics.

Main body (incl. battery, battery charger, frame, motor, controller and dashboard)	2 years
Accessories (incl. brake levers, brake disc, brake line, throttle control and other non-daily consumable parts)	6 months
Consumable parts (incl. anti-collision strip, headlight, bell, fender, tailight, decorative cover, kickstand and grip mat)	3 months

This warranty excludes defects resulting from alterations of the product, accident, misuse, abuse or neglect. In order to claim the warranty, you must return the product to the retailer from which it was purchased or if that retailer is part of a National network, a store within that chain, along with satisfactory proof of purchase. The retailer will then return the goods to Directed Electronics.

Directed Electronics will repair, replace or refurbish the product at its discretion. The retailer will contact you when the product is ready for collection. All costs involved in claiming this warranty, including the cost of the retailer sending the product to Directed Electronics, will be borne by you.

Out of Warranty

The following damages are considered out of warranty:

• Any damage which results from abuse, misuse, or neglect including but limited to, fire, collision, water damage, riding over obstacles, or theft.
• Any damage due to aging such as color shading or fading of painted surface, deterioration of plated surface, deterioration of rubber and plastics or rusting.
• Any product which has been re-modeled or modified.
• Spare parts out of the warranty period
• Cracking of the frame caused by excessive load.
• Water damage to electrical parts.
• Front wheel or motor deformation.
• Abrasion of plastic parts and/or brake parts.
• Torn or damaged stickers.
• Flat tires.

Indemnity

You agree to defend, indemnify and hold harmless NAVEE and its subsidiaries and affiliates from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable legal fees), including but not limited to, claims alleging negligence, invasion of privacy, copyright infringement and/or trademark infringement against NAVEE and its subsidiaries and affiliates, relating to or arising out of your breach of any provision of these terms, your misuse of NAVEE products or its services, or your unauthorized modification or alteration of products or software.

Warranty and warranty disclaimer

NAVEE has a limited warranty, whereby NAVEE warrants to you and only to you that this NAVEE product will be free from defects in materials and workmanship for one (1) year from the date of your purchase (unless a longer warranty period is required by law). The specifics of this NAVEE limited warranty are covered in this manual.

To the extent possible under governing law, other than the above product warranty for the NAVEE product you understand and agree that the NAVEE products and services are provided on an “as is” and “as available” basis.

NAVEE makes no warranty that the NAVEE products and services will meet your requirements or that use of the NAVEE products and services will be uninterrupted, timely, secure or error-free. Nor does NAVEE make any warranty as to the accuracy or reliability of any information obtained through NAVEE (including third party content), that any defects in the NAVEE products or services be corrected or that the NAVEE products or NAVEE services will be compatible with any other specific hardware or service.

Further, NAVEE does not warrant that NAVEE products or services or NAVEE servers that provide you with data and content are free of viruses or other harmful components. NAVEE also assumes no responsibility for and shall not be liable, for any damages caused by viruses that may infect your NAVEE product or software.

In the event of any loss, damage or injury, you will not look to NAVEE to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against NAVEE arising as a result of the payment of any claim for loss, damage or injury.

NAVEE equipment and services do not cause and cannot eliminate occurrences of certain events and NAVEE makes no guarantee or warranty, including any implied warranty of merchantability or fitness for a particular purpose or that NAVEE equipment and services provided will detect or avert such incidents or their consequences.

NAVEE does not undertake any risk that you or property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with you, not NAVEE.

Other than the above product warranty for NAVEE products, its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the NAVEE products and services, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement of third party rights.

Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you. NAVEE hereby further expressly disclaims all liability for any claims for service failures that are due to normal product wear, product misuse, abuse, product modification, improper product selection or your non-compliance with all applicable federal, state or local laws.

This warranty and warranty disclaimer give you specific legal rights, and you may have other rights that vary by state, province, or country. Other than as permitted by law, NAVEE does not exclude, limit or suspend other rights you have, including those that may arise from the nonconformity of a sales contract.

For a full understanding of your rights, you should consult the laws of your state, province, or country. For our Australian customers: Please note that this warranty is in addition to any statutory rights in Australia in relation to your goods which, pursuant to Australian Consumer Law, cannot be excluded.

LIMITATIONS OF NAVEE LIABILITY

Under no circumstances will NAVEE be liable in any way for any content, including, but not limited to, the loss of content, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via NAVEE.

NAVEE liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of NAVEE. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on wilful or grossly negligent breach of contractual duty or obligation on the part of NAVEE, the preclusion and limitation of liability mentioned in the preceding sentences will not apply. The preceding preclusion and limitation of liability will also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which NAVEE may be liable, or for non-contractual liability.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit NAVEE’s liability in the event of NAVEE’s wilful or intentional misconduct.