THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF EUNORAU’S RESPONSIBILITIES AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT WILL EUNORAU BE LIABLE FOR DAMAGES OVER THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF EUNORAU HAD REASON TO BELIEVE SUCH DAMAGES WERE POSSIBLE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
EUNORAU MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY OF ANY THIRD-PARTY EQUIPMENT OR SOFTWARE USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH EQUIPMENT WITH THE PRODUCT. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, AND SUITABILITY OF ANY SUCH THIRD-PARTY EQUIPMENT AND SOFTWARE RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY EQUIPMENT AND SOFTWARE.
Nothing in the Assembly Instructions (YouTube Video) & Manual or Product information, instructions, or advertisements is intended to create or be construed as an express Warranty of any kind concerning any Product. No agent, employee, dealer, representative, or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations, or otherwise, on behalf of EUNORAU regarding the Products or this Limited Warranty.
This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH EUNORAU ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, VALUE, CONDITION, OR PERFORMANCE OF THE PRODUCTS MUST BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY, WITH THE SOLE EXCEPTION THAT NOTHING IN THIS PROVISION WILL PROHIBIT ANY SUCH DISPUTE FROM BEING RESOLVED AS AN INDIVIDUAL CLAIM IN A SMALL CLAIMS COURT. Any such dispute, whether arbitrated or brought in small claims court, will not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim, and specifically, without limitation of the foregoing, must not under any circumstances proceed as part of a class action or collective action. It is the express intent of the parties that any disputes will be resolved on an individual basis only, and that the arbitrator will not have the power to award class or collective relief or to determine or order that the dispute should proceed as a class or collective action, whether in arbitration or any other forum or venue. The arbitration will be conducted before a single arbitrator, whose award must not exceed, in form or amount, the relief allowed by the applicable law. The arbitration will be conducted according to the American Arbitration Association (“AAA”) rules and procedures applicable to consumer disputes (which currently may be found at www.adr.org) or, if AAA consumer dispute rules and procedures cannot, for whatever reason, be applied, then according to JAMS consumer arbitration rules and procedures or other arbitration rules and procedures appropriate for use in consumer disputes. This arbitration provision is entered under the Federal Arbitration Act, and the substantive laws of the State of Nevada, without reference to its choice of laws principles, will otherwise govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator will decide all issues of interpretation and application of this arbitration provision and the Limited Warranty. Judgment may be entered on the arbitrator’s final award in any court of competent jurisdiction.
This arbitration provision also applies to claims against EUNORAU’S employees, representatives, and affiliates if any such claim arises from a Product’s sale, value, condition, or performance.
The original purchaser may opt out of this dispute resolution procedure by, no later than thirty (30) calendar days from the date of the original purchaser’s purchase of the Product, (1) sending a notice by e-mail to info@eunorau-ebike.com, with the subject line: “Arbitration Opt Out.” The opt-out email must include (a) the original purchaser’s name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the Product serial number (the Product serial number can be found (i) on the Product box; (ii) for Bikes, on the Bike stamped into the bottom of the frame below the bottom bracket; (iii) for Batteries, on a label on the Battery imprinted below a barcode on a metallic sticker; and/or (iv) for Batteries, engraved onto the metal Battery case) and providing the same information. This is the only form of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way.
Severability.
If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.
EUNORAU E-MOBILITY USA CORP
3111 S Valley View Blvd, Las Vegas, NV 89102
info@eunorau-ebike.com