Limited Warranty This is the limited warranty (“Limited Warranty”) for the M-365 Electric Scooter (“Product”) for consumers in the United States.
Limited Warranty. This is the limited warranty (“Limited Warranty”) for the M-365 Electric Scooter (“Product”) for consumers in the United States. This Limited ...
Limited Warranty
This is the limited warranty ("Limited Warranty") for the M-365 Electric Scooter ("Product") for consumers in the United States. This Limited Warranty describes the service available to you in the event your Product requires warranty service. You may have additional protections under your local laws. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY AND STATE TO STATE.
This sheet and the original purchase receipt for the purchase of your Product are the documents de ning the Limited Warranty. Please retain this document and the original purchase receipt to preserve your warranty service.
Record your Product's Serial Number
Record your Product's Serial Number below. You can nd the Serial Number on the exterior of the shipping box, on the bottom of the Product.
SERIAL NUMBER
Contacts: Service E-mail: technicalsupport@SDONALLC.com.
Service Telephone Toll Free: 1-866-201-2467
1. Limited Warranty Period This Limited Warranty covers all defects in material and workmanship of the Product arising or occurring as a result of your normal and ordinary use of the Product. In the event a defect covered by this Limited Warranty occurs, SDONA LLC ("SDONA") will repair or replace your Product in accordance with the terms of this Limited Warranty. The applicable period for this Limited Warranty applies to manufacturer's defect only, and begins from the original purchase date of the Product and lasts for a period of one year for the vehicle body, and 90 days for other components.
Limited Warranty Service Process If you discover what you believe is a defect for your Product, please contact technical support at 1-866-201-2467 or technicalsupport@SDONALLC.com. In order to submit your Product for warranty service pursuant to this Limited Warranty, you will be asked to provide (i) the proof of purchase from an authorized retailer and (ii) the Product's serial number. Upon veri cation of your eligibility, you will need to provide your name, email address and/or mailing address and contact telephone number in order to receive a return materials authorization ("RMA") number. We must receive your defective Product within thirty (30) days from issuance of an RMA to you. You will be responsible for the cost of shipping and insuring the shipment of your Product to us, and you assume the risk of loss in the event your Product is lost or damaged during shipment from you to us. You must include your defective Product within the original packaging or our approved packaging, which will be provided at a cost, for the shipment of the Product to us. We are not responsible for any damages caused by your improper packaging or shipment of the Product to us. An authorized service provider will conduct an inspection of your Product. If we determine that the problem is not covered under the Limited Warranty, we will notify you and inform you of service or replacement alternatives that are available to you on a fee basis, or we will return your Product to you unrepaired, and in such instance, you will be responsible for the cost of shipping and insuring the shipment of your Product from us to you. For eligible warranty claims, we will service the defective Product with new or reconditioned parts of same or similar style at no cost to you for the service. Parts replaced by us will be retained by us, and become SDONA's property. For eligible warranty claims, we will pay reasonable return shipping charges for the return of the Product to you.
2. Limited Warranty Eligibility 2.1. Your request for service must be received by us within the Limited Warranty Period as described above and we must receive your Product in accordance with the Limited Warranty Service Process de ned above. 2.2. Your Product must be purchased from an authorized retailer of the Product. 2.3. You must retain the original purchase receipt and your Limited Warranty, and provide this documentation to us to verify your warranty eligibility. 2.4. This Limited Warranty describes the service available to you in the event your Product requires warranty service. 2.5. Your Product must have the serial number clearly legible, unobscured, une aced and unmodi ed.
2.6. Your Product must have its tamper-resistant seals in place and unmodi ed. 3. Limited Warranty Exclusions This Limited Warranty describes the service available to you in the event your Product requires warranty service, and you may have additional protections under your local laws. This Limited Warranty does not cover and excludes damage to your Product: 3.1. Caused by abuse, misuse, neglect or commercial use. 3.2. Caused by improper charging, storage, or operation, including, without limitation, use contrary to the users' materials, use exceeding speci ed height, weight and age limits, use on stairs, walls and curbs, or any extreme sport or exhibition use. 3.3. Caused by accident, collision, riding over obstacles, racing, re, water submersion, high pressure water spray, freezing, earthquake, dropping, severe oxidation, or chemical solvent corrosion. 3.4. Caused by any repair that was unauthorized by SDONA. 3.5. Caused from improper packaging or mishandling during shipment to the warranty-service provider. 3.6. Which is cosmetic, including, scratches, dents and the removal of protective coatings that are designed to diminish over time, unless such damage occurred due to a defect in materials. 3.7. Caused by the use of the Product with, or any modi cation to the Product using, any third party product, component or accessory that is not sold by the original manufacturer. 3.8. Which does not arise from manufacturer's product-design, technology, manufacturing or quality.
4. Liability Disclaimer and Limitation We do not assume, or authorize anyone to assume on our behalf, any other obligation or liability in connection with a Product, its component parts, accessories, service repair, or this Limited Warranty. We are not responsible for any loss of use of a Product, its component parts, accessories, or for any inconvenience or other loss or damage which might be caused from any defect in a Product, its component parts, accessories, service repair, or for any other incidental or consequential damages the purchaser may have as a result of any defect in a Product, its component parts, accessories, or service repair. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. ANY SUCH IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF THIS LIMITED WARRANTY, OR TO THE APPLICABLE TIME PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER PERIOD IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME PURCHASERS. SDONA'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS, JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS DETERMINED IN SDONA'S DISCRETION, AND ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED, UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW.SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. Claims and Dispute Resolution SDONA AND YOU AGREE THAT ALL CLAIMS OR DISPUTES ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCT, WHETHER BASED IN CONTRACT, TORT, STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OF A PURPORTED CLASS ACTION LITIGATION THAT YOU ARE NOT A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY. YOU WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES WITH AND SDONA. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS AGAINST SDONA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS LIMITED WARRANTY AND REQUIRES THAT YOU ARBITRATE YOUR CLAIMS AGAINST SDONA PURSU-
ANT TO THE ARBITRATION PROCESS DESCRIBED BELOW PRIOR TO EXERCISE OF YOUR RIGHTS PURSUANT TO TITLE I OF THE MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE MAGNUSON-MOSS WARRANTY ACT DOES NOT REQUIRE YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON-MOSS WARRANTY ACT. Any such arbitration shall not be combined or consolidated with a claim or dispute involving any other person's or entity's product or claim or dispute, and speci cally, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action or class arbitration. If you intend to seek arbitration, you must rst send to SDONA, by certi ed mail, a written notice of dispute at least thirty (30) days in advance of initiating the arbitration. The notice to SDONA should be addressed to: Attention: Disputes, SDONA LLC at 7801 Hayvenhurst Avenue, Van Nuys, California 91406. The notice must include: (i) a description of your claim and the basis of the dispute and (ii) a description of the relief you are seeking. If SDONA and you do not reach an agreement to resolve the claim within thirty (30) days after SDONA receives your notice, you or SDONA may commence an arbitration proceeding. You are encouraged to seek redress directly from SDONA, provided, however, SDONA does not require you to seek your redress solely from SDONA. During the arbitration, the amount of any settlement o er made by SDONA or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SDONA is entitled to receive from the other party. The arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively "AAA Rules"). The AAA Rules are available online at adr.org. or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act governs this provision. Even after the termination of the Limited Warranty, the arbitrator shall decide all issues of interpretation and application of the Limited Warranty, and a court may determine the scope and enforceability of this arbitration provision. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. SDONA shall pay for your cost of the arbitration. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, is $5,000.00 or less ("Small Claim"), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant its attorney fees, expert witness fees or costs unless it is determined that any of the claims were brought in bad faith. In a Small
Claims case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and SDONA shall pay the remainder of such fees. Administrative, facility, and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim"), shall be determined according to AAA Rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Judgment may be entered on the arbitrator's award in a Small Claim or Large Claim case in any court of competent jurisdiction. This arbitration provision also applies to claims and disputes by you, the purchaser of the product, and all those in privity with you, including your family members, bene ciaries and assigns, parent(s), subsidiaries and a liates, and any person or entity that licensed, supplied, sold or distributed the product, and each of their o cers, employees, representatives, licensors/licensees, agents, bene ciaries, predecessors in interest, successors, and/or assigns. You may opt out of this dispute resolution procedure by providing notice to SDONA no later than thirty (30) calendar days after the date of the rst consumer purchaser's purchase of the Product. To opt out you must send notice by e-mail to SDONA at optout@SDONALLC.com, with the subject line: "Arbitration Opt Out." The opt out notice by e-mail must include (a) your name, email address, mailing address and phone number; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the Serial Number. Alternatively, you may opt out by calling 1-866-201-2467 no later than thirty (30) calendar days from the date of the rst consumer purchaser's purchase of the Product and providing the same information. These are the only two forms of notice that will be e ective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not a ect the coverage of the Limited Warranty in any way, and you will continue to enjoy the bene ts of the Limited Warranty. The following is a description of the arbitration process:
A. Mail a Notice of Dispute to SDONA. Prior to initiating arbitration against SDONA, you must rst notify SDONA of your dispute. Please include your contact information, your concerns, and the relief you seek from SDONA, and any information you believe would be helpful in the resolution of your dispute. SDONA will review your Notice of Dispute to deter-
mine whether it can satisfy your concerns without the need for arbitration. The notice should be sent by certi ed mail to Attention: Disputes, SDONA LLC at 7801 Hayvenhurst Ave., Van Nuys, California 91406. Please keep a copy of your notice for your records. B. Wait 30 Days, SDONA will review your Notice of Dispute within thirty (30) days of SDONA's receipt of your Notice of Dispute. If you do not hear from SDONA within thirty (30) days of SDONA's receipt of your Notice of Dispute, you may proceed with ling an arbitration claim against SDONA. Should SDONA provide you a written settlement o er, please keep this settlement o er as con dential and you will be required to show this settlement o er to the arbitrator, although such o ers cannot be shown to the arbitrator until after the determination of the merits of your claim. C. Complete a Demand for Arbitration. You can initiate arbitration by completing a Demand for Arbitration that includes a basic statement of the (i) names and addresses and telephone numbers of the parties involved); (ii) your description of the dispute; and (iii) your short statement detailing why you are entitled to relief. D. Send SDONA Your Demand for Arbitration. You can send SDONA your Demand for Arbitration at the following address: Attention: Disputes, SDONA LLC at 7801 Hayvenhurst Ave., Van Nuys, California 91406. Please keep a copy of your notice for your records. E. Send AAA Two (2) Copies of Your Demand for Arbitration. The Demand for Arbitration includes the address that you are to send two (2) copies of your Demand for Arbitration. This address is: AAA Case Filing Services at 725 South Figueroa, Suite 400, Los Angeles, CA 90017. You should also include a copy of this warranty policy, and the appropriate ling fee. SDONA will promptly reimburse you for this ling fee. If you cannot a ord to pay the ling fee, please contact SDONA and SDONA will pay the ling fee for you if your claims seek a remedy less than $75,000. AAA has an online ling option that you can nd on its website: www.adr.org. F. AAA Appointment of Arbitrator. If no claim in the arbitration exceeds $75,000, the AAA will appoint an arbitrator and notify you and SDONA of the arbitrator's name and quali cations. The AAA requires all arbitrators to check for any past or present relationships with the parties, potential witnesses, and the parties' attorneys. If the arbitrator has any such relationship, the AAA will inform SDONA and you. If either you or SDONA objects to the AAA's choice of arbitrator, we'll have seven (7) days to inform the AAA. G. Choose the Type of Hearing You Would Like. Unless you and SDONA agree to have any arbitration hearings somewhere else, the arbitration will take place near or in the county (or parish) that you purchased the Product. If your claim is for $10,000 or less, you may choose to have the hearing conducted by telephone or in person. Alternatively, you may choose to proceed to conduct the entire arbitration through written correspondence with the arbitra-
tor that doesn't include an interactive hearing. Once the AAA has commenced the arbitration, you have ten (10) days to inform the AAA of your choice of hearing. If you don't make a choice, the AAA will conduct the arbitration by written correspondence without an interactive hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Those rules currently provide for an in-person hearing if your claim exceeds $10,000, but you and SDONA may agree whether that hearing is in person or by telephone, or whether to instead proceed with written correspondence. H. Arbitrator's Decision. Within fourteen (14) days from the conclusion of the in-person or telephone hearing, or from the submission of all written evidence to the arbitrator if you have elected to conduct the arbitration through written correspondence, the arbitrator will render a written decision. That decision will include the essential ndings and conclusions upon which the arbitrator based his or her award. SDONA will immediately respond to the arbitrator notifying the arbitrator whether, and to what extent, will abide by the decision, perform the obligations it has agreed to do. Any decision by the arbitrator may be utilized by any party for any reason.
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