WARRANTY

In addition to any non-excludable warranties provided under the Australian Consumer Law, Bair Electric Bikes warrants to the purchaser (the “Customer) of a Bair Electric Bikes product (the “Product”) that for a period of 2 years on electrics and 4 years on the frame from the date of purchase, the product will be free of defects in materials and workmanship. In Bair Electric Bikes sole and absolute discretion, repairs, replacements, or a refund of customer’s purchase price for any defective product under the limited warranty set forth in this section. Such repair, replacement, or refund will be customer’s sole and exclusive remedy for all claims of any kind arising out of or relating to the product. The warranties and limitations extend only to the original purchaser or the person for whom the product was originally purchased, customers may not assign or pass through this limited warranty to any third party. Activities involving the use of the product are by their nature hazardous. Users therefore assume risk of bodily injury or death arising from those activities.

This limited warranty will not apply to any Product that:

(a) has had the Serial Number or other identification marking altered, removed or rendered illegible; (b) has been damaged by or subject to improper operation, storage or maintenaince or has been used in any way other than in strict compliance with Bair Electric Bikes operation manuals; (c) has become defective or inoperative due to its use with any equipment or products not supplied or approved by Bair Electric Bikes; (d) has been improperly handled, repaired, modified, or otherwise altered by anyone other than Bair Electric Bikes; (e) has not been purchased from an authorised dealer; (f) has damage due to normal wear and tear such as worn pieces, all impact marks and abrasions, or tears are excluded from this limited warranty.

To the maximum extent permitted under law, the above warranty is in lieu of all other warranties, express, implied or statutory, including without limitation those of merchant ability, fitness for a particular purpose, non-infringment of third-party rights, that the product will meet customer needs, operation of the product will be error free, or all errors will be corrected, as expressly disclaimed.

CONSUMER LAW GUARANTEES

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any foreseeable loss or damage. You are also entitled to have the goods repaired if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

PRODUCTS RETURN PROCEDURES

If Customer believes it has a warranty claim, Customer must contact Bair Electric Bikes and obtain a Return Material Authorization (”RMA”) number. Customer will pack and ship the Product in a container which can be reasonably expected to safely transport the Product. Customer will prepay the shipping costs, and if directed by Bair Electric Bikes any insurance costs, for such return. Bair Electric Bikes will not accept any return Product shipment sent C.O.D Customer will indicate the RMA number on the outer portion of the shipping container and will include a description of the problem with the product in the shipment. If Bair Electric Bikes determines that the product is subject to a valid warranty claim, Bair Electric Bikes will ship the repaired or replacement product to customer at Bair Electric Bikes cost (or, in Bair Electric Bikes discretion, will refund the purchase price of such Product), and will reimburse Customer for properly documented shipping and insurance costs incurred in returning the Product to Bair Electric Bikes.

LIABILITY LIMITATIONS

Bair Electric Bikes will not be liable for any indirect, consequential, incidental, special, aggravated or exemplary damages relating to or arising out of the use or inability to use the products, loss of goodwill or profits, and/or from any other cause whatsoever, even if it has been advised of the possibility of such damages. To the maximum extent permitted under law, Bair Electric Bikes in no event have liability for any cause of action relating to the use or inability to use a product exceed amounts received by Bair Electric Bikes from customer for that product.

NON-WARRANTY REPAIR

For non-warranty repairs, Customer will return the Product to Bair Electric Bikes following the procedure described above. The Product will be evaluated by Bair Electric Bikes, and a repair estimate will be provided to the customer within 10 business days of Bair Electric Bikes receipt of the Product.