X2 Scooters Warranty Terms

X2 Scooters Warranty Terms

Xsquared Pty Ltd ACN 625 845 525

Last updated March 2021

 

  1. Warranty
  2. X2 Scooters guarantees it’s Products for the Warranty Period to be of acceptable quality in accordance with section 54 of the Australian Consumer Law.
  3. Subject to this policy, if a Product fails to be of acceptable quality during the Warranty Period due to a defect in material or workmanship,X2 Scooters will either at X2 Scooters cost:
  4. repair the Product; or
  5. replace the Product with the same or equivalent Product (having regard to function, specification and design); or

iii.            provide the Customer with a refund for the Purchase Price of that Product.

  1. The replacement or repair of a Product or part does not restart or otherwise extend the Warranty Period for that Product.
  2. X2 Scooters may repair Products using refurbished parts provided X2 Scooters is reasonably satisfied the parts are durable and will function properly for at least, as long as the Warranty Period.
  3. If X2 Scooters provides a refund or replacement Product, title to the faulty Product will pass to X2 Scooters from the date that faulty Product is delivered to X2 Scooters.
  4. X2 Scooters may, in its sole discretion, decline the Warranty if proof of original purchase is not provided.
  5. The Warranty is transferrable to another person but only if the Product is sold or transferred to that other person and the Customer provides that other person with proof of original purchase (such as an invoice or receipt).
  6. The benefits to you pursuant to this clause, are in addition to the other rights and remedies you may have pursuant to applicable law.
  7. Scope of Warranty
  8. The Warranty does not cover damage to a Product that, in X2 Scooters reasonable opinion, has been damaged due to:
  9. normal wear and tear;
  10. transport or shipping of the Product;

                     iii.        theft of the Product;

  1. use of the Product for a purpose other than as expressly described by X2 Scooters, including for commercial purposes, or unusually high or excessive usage of the Product during the Warranty Period;
  2. any act or omission of any person other than X2 Scooters;
  3. abuse, misuse, negligence, improper use or accidents, including using or storing the Product in adverse environments (including damp, sandy or corrosive environments), water damage, dropping the Product onto the ground or colliding with objects;

                    vii.        unauthorised disassembly, tampering or alterations, modifications or repairs being made to the Product;

                   viii.        use of the Product in a manner contrary to law; or

  1. failure to comply with any user manuals or guidelines provided by X2 Scooters with the Product, including maintenance and storage obligations.
  2. The Warranty does not cover Consumable Components for the entirety of the Warranty Period e.g. grips, grip tape, batteries, tyres, wheels, etc.
  3. X2 Scooters will not repair or replace a Product if the Customer has been refunded the Purchase Price for the Product.
  4. How to make a Warranty Claim
  1. If the Customer is eligible to make a Warranty Claim, the Customer must:
  2. contact X2 Scooters via www.x2scooters.com.au
  3. provide X2 Scooters  with proof of sale of the Product, such as a tax invoice, which clearly shows the Product purchase date and, in the case of an electric scooter, the serial number of the scooter; and

                     iii.        if X2 Scooters provides the Customer a return authorisation number, then deliver the Product to X2 Scooters at the Customer’s cost for inspection to diagnose the fault and confirm this Warranty applies, noting:

  1.  Products should be safely packaged for return shipping (preferably in their original factory packaging);
  2. the Customer’s name, address, phone number and return authorisation number must be provided with the Product;
  3.  the Customer is at risk of loss or damage to the Product while in transit; and
  4. the Customer should consider obtaining shipping insurance for any returned Product.
  5.  Upon receipt of the returned Product, X2 Scooters will promptly evaluate the Warranty Claim and in its sole discretion either:
  6. accept the Warranty Claim, in which case X2 Scooters will repair or replace the Product and return it to the Customer at X2 Scooters cost or issue a credit or refund in accordance with the Warranty; or
  7. reject the Warranty Claim, in which case X2 Scooters will return the Product to the Customer at the Customer’s sole cost.
  8. X2 Scooters will process an accepted Warranty Claim as soon as reasonably practicable, however timing will depend on availability of service technicians and, if X2 Scooters elects to repair the Product, the availability of parts.
  9. Limitation of Liability
  10. To the maximum extent permitted by law, the remedies set out in clause 1(b) are the sole remedies available to the Customer and maximum liability of X2 Scooters if the Warranty is breached (but note a Customer’s rights described in clause 5 below).
  11. The limitation set out in clause 1(b) is an aggregate limit for all claims, whenever made.
  12. To the maximum extent permitted by law, X2 Scooters is not liable for any Consequential Loss however caused (including by X2 Scooters negligence), suffered or incurred by a Customer, or another person, who uses a Product or otherwise in connection with a Product.
  13. Mandatory Statement in favour of Australian Consumers
  14. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled:
  15. to cancel your service contract with us; and
  16. to a refund for the unused portion, or to compensation for its reduced value.
  17. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, then you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
  18. Manufacturer Warranty
  19. X2 Scooters provides a Warranty on each Product on the terms set out in this policy, whether or not:
  20. X2 Scooters is the Manufacturer of the Product; and
  21. Even if the Manufacturer has provided the Customer with its own warranty or guarantee in respect of the Product.
  22. If X2 Scootersis not the Manufacturer of a Product, X2 Scooters does not make any warranty or representation about the existence, validity or terms of any other warranty or guarantee that may or may not be offered by the Manufacturer of the Product
  23. Definitions in this policy:
  24. Accidental Damagemeans damage to the Product caused by accidental use;
  25. Australian Consumer Lawmeans the Australian Consumer Law as set out from time to time in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
  26. Consequential Lossmeans any one or more of the following:
  27. loss of revenues;
  28. loss of reputation;

                     iii.        loss of profits;

  1. consequential loss;
  2. loss of actual or anticipated savings;
  3. loss of bargain;

                    vii.        indirect loss;

                   viii.        loss of earning capacity;

  1. lost opportunities (including opportunities to enter into arrangements with third parties); and
  2. loss or damage in connection with claims against the Customer by third parties.
  3. Consumable Componentsmeans consumable components of the Products, including but not limited to bearings, pivot cups, belts, tubes, tyres, bushings, grip tape and wheels;
  4. Customermeans a person who purchases a Product in Australia, either directly from Freestyle Distribution or second-hand from such an original purchaser and who has been provided the original proof of purchase receipt or other information by the original purchaser;
  5. X2 Scooters means Xsquared Pty Ltd ACN 625 845 525

of Address: PO Box 706, Mermaid Beach, QLD 4218Australia

  1. Manufacturermeans the person who manufactures a Product as defined in the Australian Consumer Law;
  2. Product means a product sold by X2 Scooters;
  3. Purchase Pricemeans the purchase price and cost of delivery for a Product;
  4. Warrantymeans the warranty set out in this policy;
  5. Warranty Claimmeans a claim made by a Customer under this Warranty in accordance with clause 3(a); and
  6. Warranty Periodmeans the period commencing from the original date of purchase of a Product and ending:
  7. twelve months later or
  8. for Consumable Components, two months later.

                     iii.        If any part of this warranty policy is held by a court to beinvalid it will be severed from the rest (with the rest remaining valid and applicable).invalid it will be severed from the rest (with the rest remaining valid and applicable).