Warranty terms and conditions

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 other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

This warranty is provided in addition to your rights under the Australian Consumer Law. Directed Electronics Australia Pty Ltd (Directed Electronics) warrants that this product is free from defects in material and workmanship for the specified period below or 10,000km whichever occurs first from the date of purchase or for the period stated on the packaging. This warranty is only valid where you have used the product in accordance with any recommendations or instructions provided by Directed Electronics.

This warranty excludes defects resulting from alterations of the product, accident, misuse, abuse or neglect. In order to claim the warranty, you must return the product to the retailer from which it was purchased or if that retailer is part of a National network, a store within that chain, along with satisfactory proof of purchase. The retailer will then return the goods to Directed Electronics.

Directed Electronics will repair, replace or refurbish the product at its discretion. The retailer will contact you when the product is ready for collection. All costs involved in claiming this warranty, including the cost of the retailer sending the product to Directed Electronics, will be borne by you.

Out of Warranty

The following damages are considered out of warranty:

• Any damage which results from abuse, misuse, or neglect including but limited to, fire, collision, water damage, riding over obstacles, or theft.
• Any damage due to aging such as color shading or fading of painted surface, deterioration of plated surface, deterioration of rubber and plastics or rusting.
• Any product which has been re-modeled or modified.
• Spare parts out of the warranty period
• Cracking of the frame caused by excessive load.
• Water damage to electrical parts.
• Front wheel or motor deformation.
• Abrasion of plastic parts and/or brake parts.
• Torn or damaged stickers.
• Flat tires.

Indemnity

You agree to defend, indemnify and hold harmless NIU and its subsidiaries and affiliates from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable legal fees), including but not limited to, claims alleging negligence, invasion of privacy, copyright infringement and/or trademark infringement against NIU and its subsidiaries and affiliates, relating to or arising out of your breach of any provision of these terms, your misuse of NIU products or its services, or your unauthorized modification or alteration of products or software.

Warranty and warranty disclaimer

NIU has a limited warranty, whereby NIU warrants to you and only to you that this NIU product will be free from defects in materials and workmanship for one (1) year from the date of your purchase (unless a longer warranty period is required by law). The specifics of this NIU limited warranty are covered in this manual.

To the extent possible under governing law, other than the above product warranty for the NIU product you understand and agree that the NIU products and services are provided on an “as is” and “as available” basis.

NIU makes no warranty that the NIU products and services will meet your requirements or that use of the NIU products and services will be uninterrupted, timely, secure or error-free. Nor does NIU make any warranty as to the accuracy or reliability of any information obtained through NIU (including third party content), that any defects in the NIU products or services be corrected or that the NIU products or NIU services will be compatible with any other specific hardware or service.

Further, NIU does not warrant that NIU products or services or NIU servers that provide you with data and content are free of viruses or other harmful components. NIU also assumes no responsibility for and shall not be liable, for any damages caused by viruses that may infect your NIU product or software.

In the event of any loss, damage or injury, you will not look to NIU to compensate you or anyone else. You release and waive for yourself and your insurer all subrogation and other rights to recover against NIU arising as a result of the payment of any claim for loss, damage or injury.

NIU equipment and services do not cause and cannot eliminate occurrences of certain events and NIU makes no guarantee or warranty, including any implied warranty of merchantability or fitness for a particular purpose or that NIU equipment and services provided will detect or avert such incidents or their consequences.

NIU does not undertake any risk that you or property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with you, not NIU.

Other than the above product warranty for NIU products, its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the NIU products and services, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement of third party rights.

Because some jurisdictions do not permit the exclusion of implied warranties, the last sentence of this section may not apply to you. NIU hereby further expressly disclaims all liability for any claims for service failures that are due to normal product wear, product misuse, abuse, product modification, improper product selection or your non-compliance with all applicable federal, state or local laws.

This warranty and warranty disclaimer give you specific legal rights, and you may have other rights that vary by state, province, or country. Other than as permitted by law, NIU does not exclude, limit or suspend other rights you have, including those that may arise from the nonconformity of a sales contract.

For a full understanding of your rights, you should consult the laws of your state, province, or country. For our Australian customers: Please note that this warranty is in addition to any statutory rights in Australia in relation to your goods which, pursuant to Australian Consumer Law, cannot be excluded.

LIMITATIONS OF NIU LIABILITY

Under no circumstances will NIU be liable in any way for any content, including, but not limited to, the loss of content, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via NIU.

NIU liability for damages, especially for breach of duty or obligation, delay in performance, non-performance, or malperformance shall be precluded, except when these are due to negligent breaches of any significant contractual duty or obligation on the part of NIU. Any liability for negligence is limited to direct losses usually and typically foreseeable in such case. Should the claim for damages be based on wilful or grossly negligent breach of contractual duty or obligation on the part of NIU, the preclusion and limitation of liability mentioned in the preceding sentences will not apply. The preceding preclusion and limitation of liability will also not apply to claims for damages arising out of loss of life, bodily injury or health impacts for which NIU may be liable, or for non-contractual liability.

Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, this provision is not intended to limit NIU’s liability in the event of NIU’s wilful or intentional misconduct.