1. General Warranty Policy
- SUBJECT TO THE TERMS OF THE AGREEMENT, INCLUDING THESE TERMS, RYBIT GUARANTEES EACH BICYCLE FRAME AGAINST STRUCTURAL DEFECTS IN WORKMANSHIP AND MATERIALS FOR THE PERIOD OF THE SUBSCRIPTION EXCEPT AS PROVIDED IN THIS AGREEMENT, ALL ORIGINAL COMPONENTS AND ACCESSORIES ARE GUARANTEED FOR THE PERIOD OF THE SUBSCRIPTION. THE PERIOD OF THE SUBSCRIPTION REFERRED TO HEREIN MAY BE REFERRED TO AS THE "WARRANTY PERIOD".
- THIS LIMITED WARRANTY REFERRED TO IN SECTION 1 IS EXPRESSLY LIMITED TO THE REPLACEMENT OF A DEFECTIVE FRAME OR DEFECTIVE PARTS OR ACCESSORIES AND IS THE CUSTOMER’S SOLE REMEDY OF THE WARRANTY. NOTWITHSTANDING LOCAL STATUTORY RIGHTS, A REPAIR/REPLACEMENT UNDER A WARRANTY DOES NOT EXTEND THE WARRANTY PERIOD. THIS WARRANTY DOES NOT AFFECT ANY STATUTORY RIGHTS OF THE CONSUMER. THIS WARRANTY APPLIES TO THE ORIGINAL OWNER AND REMAINS APPLICABLE TO THE BIKE FOR THE REMAINING BALANCE OF THE WARRANTY PERIOD IN THE EVENT OF A NEW OWNER HAVING PURCHASED THE BIKE.
- CLAIMS UNDER THE WARRANTY MUST BE TIMELY MADE DIRECTLY AT RYBIT STORE IN YOUR COUNTRY. WHEREBY PROOF OF SUBSCRIPTION IS REQUIRED.
- THIS LIMITED WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR, IMPROPER ASSEMBLY OR FOLLOW-UP MAINTENANCE, CONSUMABLE PARTS SUCH AS TIRES, OR IMPROPER ASSEMBLY OR FOLLOW-UP MAINTENANCE OR INSTALLATION OF PARTS OR ACCESSORIES BY ANYONE OTHER THAN RYBIT. THE WARRANTY DOES NOT APPLY TO DAMAGE OR FAILURE DUE TO ACCIDENT, MISUSE, ABUSE, OR NEGLECT, CORROSION OR FAILURE TO PERFORM MAINTENANCE OR SERVICE AT APPROPRIATE INTERVALS AS SPECIFIED IN THE WRITTEN INSTRUCTIONS PROVIDED WITH THE PRODUCT, OR FAILING TO FOLLOW INSTRUCTIONS. MODIFICATION OF THE FRAME OR COMPONENTS SHALL VOID THIS WARRANTY. THE WARRANTY SHALL NOT APPLY IN CASE OF A COPY, MODIFICATION, REVERSE ENGINEERING, DECOMPILING, DISASSEMBLY OF OR OTHERWISE TAMPERING WITH THE PRODUCT, ITS COMPONENTS AND/OR THE SERVICES. RYBIT IS NOT RESPONSIBLE FOR INCIDENTAL (INCLUDING LOST PROFITS OR LOST OPPORTUNITIES) OR CONSEQUENTIAL DAMAGES. THIS WARRANTY DOES NOT AFFECT THE STATUTORY RIGHTS OF THE CONSUMER.
- THE INCORPORATED BATTERY OF THE PRODUCT, BATTERY REPLACEMENTS AND BATTERY ACCESSORIES ARE DESIGNED TO RETAIN A MINIMUM OF 70% OF THEIR INITIAL CAPACITY AFTER 500 CHARGE CYCLES WITHIN THE WARRANTY PERIOD AS DESCRIBED IN ARTICLE 1 OF THESE TERMS.
- CUSTOMER REPRESENTS, WARRANTS, AND AGREES THAT HE OR SHE (I) IS A SAFE AND COMPETENT BICYCLE OPERATOR, (II) IS SUFFICIENTLY FIT AND PHYSICALLY CAPABLE TO SAFELY RIDE A BICYCLE WITHOUT ANY RISK TO HIS OR HER HEALTH, (III) IS KNOWLEDGEABLE ABOUT THE OPERATION OF A BICYCLE, AND (IV) IS KNOWLEDGEABLE ABOUT THE LAWS PERTAINING TO BICYCLES OPERATED WITHIN THE CITY IN WHICH HE OR SHE RIDES THE BICYCLE. LIKE ANY PHYSICAL ACTIVITY, RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A RYBIT BICYCLE, CUSTOMER ASSUMES ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.
- CUSTOMER ACKNOWLEDGES THAT OPERATING THE BICYCLE HAS INHERENT RISKS, DANGERS AND HAZARDS, INCLUDING, BUT NOT LIMITED TO, TRAFFIC CONDITIONS, WEATHER CONDITIONS, ROAD AND SIDEWALK CONDITIONS, NATURAL AND UNNATURAL OBJECTS AND OBSTACLES, IMPACT OR COLLISION, AND NEGLIGENCE OF OTHERS. CUSTOMER ACKNOWLEDGES AND AGREES THAT RYBIT LIMITS ITS LIABILITY AS PROVIDED IN THIS SECTION. CUSTOMER SHALL INDEMNIFY RYBIT AGAINST, AND SHALL HOLD RYBIT HARMLESS FROM ALL COSTS, EXPENSES, AND LIABILITIES (INCLUDING REASONABLE ATTORNEY’S FEES) FROM ANY CLAIMS BY CUSTOMER OR ANY THIRD PARTY ARISING OUT OF CUSTOMER’S USE OF THE BICYCLE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR INJURY INCLUDING DEATH TO PERSONS OR PROPERTY OF THE CUSTOMER OR OTHERS ARISING OUT OF THE BICYCLE POSSESSION, USE, OPERATION, OR CARE AND CONTROL OF THE BICYCLE BY THE CUSTOMER INCLUDING, BUT NOT LIMITED TO, ALL MEDICAL COSTS AND FINANCIAL AND ECONOMIC LOSSES.
- IF THE INCORPORATED BATTERY, FRONT MOTOR OR ECU OF YOUR BICYCLE REQUIRES WARRANTY REPAIR, RYBIT WILL REPAIR THE UNIT, OR REPLACE IT WITH A NEW, RECONDITIONED OR REMANUFACTURED PART AT THE SOLE DISCRETION OF RYBIT. THE WARRANTY REPLACEMENT MAY NOT RESTORE THE BIKE TO AN "AS NEW" CONDITION, BUT WHEN REPLACING A BATTERY, RYBIT WILL ENSURE THAT THE ENERGY CAPACITY OF THE REPLACEMENT BATTERY IS AT LEAST EQUAL TO THAT OF THE ORIGINAL BATTERY BEFORE THE FAILURE OCCURRED WHILE TAKING INTO CONSIDERATION OTHER FACTORS, INCLUDING THE AGE AND MILEAGE OF THE BIKE.
- THE TERMS OF THIS WARRANTY SHALL NOT APPLY IF CUSTOMER BRINGS THE BICYCLE TO ANOTHER COUNTRY THAN THE COUNTRY WHERE CUSTOMER STARTED THE SUBSCRIPTION, UNLESS RYBIT PROVIDES SERVICES IN THE COUNTRY OF DESTINATION.
- TO OBTAIN WARRANTY SERVICES, CUSTOMER MUST NOTIFY RYBIT WITHIN THE APPLICABLE WARRANTY PERIOD, AND DELIVER THE BIKE AT CUSTOMER EXPENSE, DURING REGULAR BUSINESS HOURS TO A RYBIT SERVICE HUB OR RYBIT CERTIFIED WORKSHOP. THE LOCATION OF THE NEAREST SERVICE LOCATION MAY BE OBTAINED BY VISITING RYBIT'S WEBSITE FOR YOUR REGION. THE LOCATION OF RYBIT SERVICE HUBS AND RYBIT CERTIFIED WORKSHOPS IS SUBJECT TO CHANGE AT ANY TIME. THE UPDATED LIST OF SERVICE LOCATIONS IS AND WILL REMAIN PUBLISHED ON RYBIT'S WEBSITE FOR YOUR REGION. WHEN CUSTOMER CONTACTS RYBIT, CUSTOMER SHALL PROVIDE THE BICYCLE FRAME NUMBER, BICYCLE ID, AND A DESCRIPTION OF THE DEFECT. BY CREATING A (WARRANTY) SERVICE APPOINTMENT, CUSTOMER CONSENTS TO RYBIT USING BIKE DATA TO DIAGNOSE THE DEFECT REMOTELY AND TO UPDATE THE BICYCLE TO THE LATEST FIRMWARE.
- IF CUSTOMER DOESN'T COMPLY WITH RECALLS DONE BY RYBIT ON PARTS OF YOUR BICYCLE, ANY DAMAGES THAT ARISE AS A RESULT THEREOF, SHALL BE FOR YOUR ACCOUNT.
- YOU MUST ALLOW RYBIT A REASONABLE TIME FOR COMPLETION OF REPAIRS AND/OR SERVICES. UPON NOTIFICATION BY RYBIT OF THE COMPLETION OF THE BIKE REPAIRS AND/OR SERVICES, YOU ARE RESPONSIBLE TO PICK UP YOUR BIKE, AT YOUR OWN EXPENSE, OR REASONABLE DAILY STORAGE FEES WILL BE ASSESSED.
2. Rybit's Products
- SECTION 1 IS A FULL AND COMPLETE STATEMENT OF RYBIT’S WARRANTY FOR THE PRODUCT. RYBIT DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES PROVIDED BY STATUTE OR COMMON LAW. RYBIT’S LIABILITY UNDER THIS WARRANTY SHALL BE NO GREATER THAN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL RYBIT OR ANY RYBIT DISTRIBUTOR/SELLER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE RYBIT BIKE AND/OR ANY OTHER PRODUCTS OR MATERIALS REFERRED TO HEREIN OR IN THE OPERATING MANUALS PROVIDED TO CUSTOMER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF SUCH DISCLAIMER OF WARRANTIES ARE NOT ALLOWED OR ARE EXCLUDED BY APPLICABLE STATE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE SAME DURATION AS THE EXPRESS WARRANTY HEREIN. RETAILERS AND WHOLESALE OUTLETS FOR PRODUCTS ARE NOT AUTHORIZED TO MODIFY THIS WARRANTY IN ANY WAY.
- If Rybit should deliver Products to the Customer which Rybit has obtained from its own suppliers, Rybit shall at no time be obliged to honor a warranty or liability in respect of the Customer which is more far-reaching than that which Rybit can claim from its own supplier.
- With respect to warranty claims under Section 1, if, in Rybit’s opinion, the Customer has been able to prove that any Products supplied by Rybit to the Customer do not function properly,
Rybit may choose, at its sole discretion, between:
1. re-supplying the Products with a Product of the same model that is of similar, age, mileage and condition, upon receiving the returned of the Products;
2. modifying the Products properly;
3. granting the Customer a discount on the purchase price to be agreed by mutual consent.
Rybit shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.
The Products shall remain completely for the Customer’s risk even if Rybit should carry out any repairs to the Products.
