ELECTRIC BIKE COMAPNY - TERMS AND CONDITION AGREEMENT
Electric Bike Company has agreed to sell EBC bicycle(s) and/or other bike accessories, either directly or through a third-party affiliate/retail dealer to Purchaser as reflected in the attached sales invoice. (Electric Bike Company and any relevant third-party affiliate/retail dealer will be referred to herein collectively as “EBC.”) EBC and the Purchaser shall be referred to hereafter as “the Parties.” This Contract of Sale, Waiver and Release from Liability shall be referred to hereafter as the “Contract.”
Purchaser agrees and understands that EBC cannot oversee or supervise the safety and proper usage of Purchaser’s EBC electric bicycle(s) and accessories. Consequently, EBC cannot be held responsible for the safe use or other actions by the Purchaser and/or future riders of EBC electric bicycles.
Purchaser, being above 16 years of age, agree to all terms as follows:
When riding my EBC bicycle(s), I agree to obey the electric bike federal and state speed limitation laws and all other state, county, municipal and city traffic laws where I choose to ride, including all electric bicycle laws. I understand that EBC has provided me with a Class 2 E-bike. Should I desire to convert my bike to a Class 1 or Class 3, I understand that I need to contact EBC for instructions (or follow the instructional video located on the EBC website). Should I convert the bike to a Class 3, I understand that it is my responsibility to disconnect the throttle. I also understand that it is my responsibility to ensure my EBC e-bike is in compliance with my state, city or municipal laws, rules or regulations including those that may require my EBC bike to be Class 1 or 2. I agree and understand that EBC takes no responsibility for any liability I incur as a result of my failure to insure my EN+BC bike is in compliance with all state, county, municipal and city traffic laws where I choose to ride, including all electric bicycle laws.
I agree and acknowledge that EBC e-bicycles are intended for use by one rider only and are not designed nor safe to be used to carry a second passenger.
I agree and acknowledge that anyone with serious medical conditions should not ride an electric bike.
I agree and acknowledge that no one, including myself, should ride an electric bike while under the influence of alcohol or drugs, including prescription medications, or while otherwise incapacitated.
I agree and acknowledge that if I am not satisfied with my EBC bike, that I can return it within 30 days of receiving it for a refund and a $600 restocking fee will be deducted from my refund. I also agree and acknowledge that I can only return it if the EBC ebike has less than fifty (50) miles on the odometer, be free of any wear and tear, dirt, dust, fragrance, or any other signs of use and must be in the same packaging and condition that I received it and must include all items that were inside the box (charger, keys, alarm fobs, etc.).
I agree and acknowledge that it is not safe to ride EBC bicycles in hazardous conditions, including uneven or off road terrain, significant rain or in snow. I agree and acknowledge that my vision can be impaired when riding my e-bike at night or at dusk/dawn when thereis less light available, and that I should maintain a speed of no more than 20mph in any of these conditions. I assume all risks of riding my EBC bicycle(s) under these and/or any other unsafe conditions.
I acknowledge and understand that riding an EBC bicycle is a dangerous activity that requires moderate to strenuous exercise and various degrees of skill and experience for individual riders. I understand that biking can result in serious injury to the person and damages to property. I hereby voluntarily assume any and all risk associated with loss, damage or physical injury that occurs while riding my EBC bicycle(s). I also acknowledge and agree to charge my battery with a regular wall outlet and not any other type of outlet, such as an RV outlet, inverter, converter, or any charger not recommended by EBC. I hereby voluntarily assume any and all risk associated with loss, damage, or physical injury that occurs by charging my battery against the recommendations of EBC.
I agree and understand that I must use a regular wall outlet to charge my battery. I agree not to use any other type of outlet, such as an RV outlet or a converter or an inverter, or any other charger not recommended by EBC. I agree and understand that I should not leave my battery charging unattended or for an extended period of time. I agree and understand that failure to comply with these instructions could lead to catastrophic consequences, including but not limited to battery malfunction, sparking, explosion or a battery fire. I agree and understand that EBC is not responsible or liable for any damage caused by battery misuse and/or charging the battery in any other manner than per EBC instructions.
I agree and understand that I must charge my battery every 1-2 months when not in use and water damage is not covered under the warranty. I agree and understand that EBC advises that after 5 years, I should send my battery to EBC for service or replacement. I agree and understand that leaving my battery on my bike, whether locked or unlocked, leaves it susceptible to theft, and best practice is to remove the battery when my bike is left in public unattended. I agree and understand that EBC takes no responsibility thereafter for battery degradation or malfunction and that failure to properly maintain or replace battery after 5 years could result in catastrophic consequences, including but not limited to battery malfunction, sparking, explosion or a battery fire. I agree and understand that the purpose of the key(s) that come with my battery is to secure the battery in place while riding, and to remove the battery in order to charge it externally or transport it separate from my e-bike. I agree and understand that EBC takes no responsibility for battery theft or tampering that may occur when my battery is left on my bike in public and unattended.
I agree and understand that if I own/have purchased a Model C or S, that I will not use an external charger to charge the battery using the small charging port located underneath the battery without prior approval from EBC. I agree and understand that if I own/have purchased a Model Y, I will only use the charging port located on the side of the basket to charge the battery and not the charging port located underneath the basket without prior approval of EBC. I agree and understand that failure to comply with these instructions could lead to catastrophic consequences, including but not limited to battery malfunction, sparking, explosion or a battery fire. I agree and understand that EBC is not responsible or liable for any damage caused by charging the battery in any other manner than per EBC instructions.
I agree, acknowledge and understand that EBC e-bikes require regular maintenance (every 3 months), including but not limited to ensuring proper tire pressure, brake maintenance and tune-ups. I agree, acknowledge and understand that only EBC-approved parts should be used for maintenance and/or replacement parts on my EBC e-bike. Failure to adhere to these instructions could render my EBC e-bike unsafe and voids the warranty. I agree and understand that EBC is not responsible or liable for any damage caused by failure to properly maintain my EBC e-bike and/or use EBC approved parts in replacing parts or repairing my EBC e-bike.
I am aware of the risks, hazards and dangers of personal injury, death and disability inherent in the use of electric bicycles, including EBC bicycles. I am aware that the usual risks, hazards and dangers of personal injury, disability and death are greater with lack of experience and/or failure to follow the warnings and instructions provided by EBC in its Operator’s Manual and within the manuals accompanying the various components of the EBC bicycle, access to which have been provided to me by EBC under the website “Contact Us” page in the “Customer Resources” section.
I agree, acknowledge and understand that a helmet is an important safety accessory, and that I should wear a helmet, with the straps adjusted properly and fitted snugly to my head, at all time while operating my EBC e-bike. I agree, acknowledge and understand that a helmet is required for any person operating my EBC e-bike who is under the age of 18. I am aware of the risks, hazards and dangers of personal injury, death and disability inherent in the use of electric bicycles, and that failure to ride with an appropriately work helmet increases the likelihood of of personal injury, death and/or disability related to blunt force head trauma.
I hereby agree to release and forever discharge EBC, and its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on EBC’s behalf from any and all legal claims, actions, damages, liability, costs, expenses or attorney fees related to, arising out of, or in any way connected to use of my EBC bicycle(s), use of any other equipment or property supplied by EBC or from any claim arising out of my presence upon the EBC premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of EBC, including its agents, employees, officers, directors, component manufacturers and/or any and all other persons or entities acting on EBC’s behalf. By my execution of this Contract, it is my intention to surrender and waive any and all rights to sue or to exercise a legal right to seek damages from EBC, and/or its agents, employees, officers, directors, component manufacturers and any and all other persons or entities acting on EBC’s behalf.
I hereby certify that I am at least 16 years of age. I acknowledge that no person under the age of 14 is permitted to ride an e-bike in the United States. I acknowledge that there are varying state laws and regulations that apply to persons under 16 years old riding an electric bicycle, including an EBC bicycle. For example, in the state of California a rider needs to be at least 16 years old to ride a Class 3 electric bike that can reach 28mph or greater. Consequently, in California, should I intend to allow a person under 16 years of age to ride my EBC e-bike, I must seek assistance with my EBC e-bike set up and adjust the speed parameters of my bike accordingly. I have carefully read the foregoing and acknowledge, understand and AGREE to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this Contract. By issuing payment for my EBC bicycle(s) and executing this Contract, I assume all risks inherent in the purchase and use of an electric bicycle, and release EBC from any and all liability that may arise from my ownership and use of my EBC bicycle(s). This includes a release of EBC from any and all liability related to or arising out of a minor’s use of my EBC bicycle(s).
Binding Arbitration Clause: The Parties agree that any dispute, controversy or claim arising out of or relating to this Contract or as a result of the use of EBC bicycle(s) and accessories; including warranty claims, defective product claims, physical injury claims, property damage claims and/or whether any of the aforementioned claims are arbitrable, will be referred to and finally determined by arbitration. The tribunal will consist of a sole arbitrator. The place of arbitration shall be located in Orange County, California. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. In the event a party fails to proceed with arbitration as delineated in this paragraph, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including reasonable attorneys’ fees for having to compel arbitration or defend or enforce an award.
I have read and agree to the Electric Bike Company terms and conditions. I agree to review the Operator’s Manual (accessible at https://electricbikecompany.com/wp-content/uploads/2022/01/EBC-Full-User-Manual.pdf) in full and abide by the additional guidelines, warnings, terms and conditions contained therein.