TERMS & CONDITIONS
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The terms and conditions within this document form an Agreement (hereinafter referred to as Agreement) between National eBike LLC (hereinafter referred to as National) and any persons testing or purchasing National equipment and services (hereinafter referred to as Participant), including, but not limited to the test or purchase of an “Electric Bicycle” and related accessories and other equipment (hereinafter referred to as EBike) for the purpose of the Agreement (hereinafter referred to as Activities).
National is a reseller for several companies for the purpose of testing and selling their EBikes, accessories, and other related equipment to Participants (hereinafter referred to as 3rd Party).
The term “EBike” is a pedal-assist with throttle electric bicycle provided to Participants by National (supplied by a 3rd Party) that includes an electric bicycle (including frame, tires, seat, electronics, electric power, brakes, gears, shifters, battery, battery charger), various accessories, and safety equipment (as applicable).
Participants agree to abide by the Terms and Conditions outlined in this Agreement. This Agreement constitutes the sole and entire agreement between the Participant and National with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This agreement may only be amended, modified, or supplemented by an Agreement in writing by non-preprinted agreements clearly understood by both parties to be an amendment or waiver and signed by each party hereto.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these terms, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any provision of these terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect and enforceable but shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
ACTIVITIES & HAZZARDS
Participants must be familiar with the proper use of EBike equipment used during Activities including (but not limited to) brakes, gears, shifters, display, throttle, chargers, and quick release mechanisms. Participants must be qualified, in good health, and in proper physical condition to participate in such Activities, and willingly agree to comply with the stated customary terms and conditions of participation including local and Florida state laws.
Participants acknowledge and understand the nature of cycling and related Activities. Participants acknowledge and understand that riding an EBike can be dangerous, and Activities require moderate to strenuous exercise and various degrees of skill and experience for individual riders.
Participants agree and warrant that if at any time they believe conditions to be unsafe, they will immediately discontinue participation in Activities. Participants freely assume all risks of personal injury and/or damage associated with Activities and agree to hold National (and 3rd Party) charmless from all claims of injury or damage. Participants acknowledge that it is not safe to ride an EBike in hazardous conditions (including but not limited to uneven or off-road terrain and significant rain or moisture) and assume all risks of riding EBikes under these and/or any other unsafe condition.
Participants assume all risks, including but not limited to death or serious bodily injury, which may result from Activities. Participants acknowledge all the risks of Activities on streets, roads, paths, bike lanes, and in traffic, including but not limited to the risks of serious bodily injury or death from falling; colliding with other vehicles or objects; hitting uneven roadway or holes; sudden loss of control from flat tires due to unseen objects puncturing or damaging tires; brakes failing; and hazards relating to weather conditions.
Participants will not operate an EBike under the influence of alcohol or other drugs (including prescription medications) that impact their ability to safely operate the EBike (or while otherwise incapacitated). Further, Participants acknowledge individuals with serious medical conditions should not operate an EBike.
RELEASE OF LIABILITY
Participant(s), being the age eighteen or above, in consideration Activities and the right to engage in an EBike rental as a Participant, hereby acknowledge, agree, promise and covenant with National and all persons, entities, employees and agents, on behalf of themselves, heirs, assigns, personal representative and next of kin, elect to voluntarily participate in said Activities knowing that certain risk of harm is or may be inherent in the various Activities contemplated herein and that the Activities may be hazardous to me and my property.
Participants release, waive, discharge, covenant not to sue and hold harmless: National and any 3rd Party, partner, employee, servant, representative, associate, officer, agent, volunteer, successor and assigns, (hereinafter referred to as Releasees) from any and all liability, claims, demands, action, judgments, costs, expenses, court costs, attorney fees and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant, or to any property belonging to the Participant, while participating in such Activities, or while in, on, upon, or beyond the premises where the Activities are being conducted.
Participants voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by Participants, or any loss or damage to property owned by Participants, as a result of being engaged in such Activities, whether caused by the, including but not limited to, sole contributory or gross negligence of Releasees or otherwise. Participants further hereby agree to indemnify and hold harmless the Releasees from any loss, liability, damage, demands, liens, liabilities, judgments, or costs, including court costs and attorney fees, that they may incur due to my participation in said Activities, whether caused by or contributed to in whole or part by any action or failure to act, negligence, breach of contract, or other misconduct on the part of Releasees or otherwise.
It is the Participant’s express intent that this Agreement shall bind the members of their family and spouse, if Participants are alive, and their heirs, personal representatives, executors, and assigns, if Participants are deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the Releasees. Participants hereby further agree that this Agreement shall be construed in accordance with the laws of the State of Florida. Participants expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Florida, and if any portion of this Agreement is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
If an EBike, accessory, or other equipment is damaged during inspection or test, Participants agree to pay the reasonable costs of repair and diminution in value. If damaged beyond reasonable repair (as determined by National) Participants shall be responsible to pay National the replacement (retail value).
Participants are also responsible for any loss and damages if they:
- Abuse the EBike or violate any prohibited use or operation as specified in this Agreement, local, or state law resulting in a fine or other monetary penalty.
- Operate the EBike recklessly resulting in a fine or other monetary penalty.
- Operate the EBike while under the influence of alcohol or any controlled substance resulting in a fine or other monetary penalty.
- Obtain the EBike through fraud or misrepresentation.
- Use the EBike for an illegal purpose.
- Fail to promptly report an accident to the proper authorities and National.
Participants authorize National to place any amounts due for Activities on to Participants credit card or any other form of payment. Participants agree to pay all charges for use, sale, miscellaneous service, and excise taxes including any applicable tax-related surcharges.
Participants that purchase or rent an EBike, accessory, or other equipment acknowledge and agree to follow safety, operation, and maintenance instructions (including recommendations and warranty requirements) from the manufacturer. Participants voluntarily assume any and all risk associated with loss, damage, or physical injury that occurs if manufacturer charging instructions are not followed. Where applicable, Participants will follow manufacturer instructions that outline charging their 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 the manufacturer.
Returned merchandise to a manufacturer must be in accordance with Florida state law and the terms outlined by the manufacturer. National is not responsible for any fees imposed by the manufacturer or any costs associated with shipping items for repair, return, or warranty purposes.
REPAIR & SERVICE
National must be paid in full before equipment is returned to the Participant. Unless otherwise specified, the cost for parts, labor, and tax are not included in any charge for service.
Participants are required to pick-up their serviced equipment within 72 hours when notified the work is complete. Any serviced product not picked up by a Participant within 7 days of being notified is subject to a storage fee. Serviced products that have not been picked up by the Participant after 30 days are subject to disposal at the discretion of National.
Participants are responsible for ensuring any work performed is in accordance with the terms of the manufacturer. Service or repairs performed by National may not be covered by (or may void) manufacturer warranties.
National makes no verbal or written warranties, whether express or implied, regarding sales, service, or repair performed by National.
National expressly disclaims all warranties and conditions, expressed or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a specific purpose. Subject to and except as expressly provided in any manufacturer warranty, the sales and service are provided as on “as is” and “as available” basis, without warranty of any kind, either expressed or implied.
Neither National nor any person associated with National makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of any sales or services performed by National. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Except to the extent that applicable law requires such liability, National shall not be liable for any loss (even if such loss arises as a direct or immediate consequence of the event that generated the damages), nor for indirect, special, incidental, punitive or consequential damages of any kind whether under these terms or otherwise, even if National has been advised, knew or should have known of the possibility of such loss or damage.
Except to the extent that applicable law requires such liability, the maximum liability of National arising out of or in connection with these terms, whether such liability arises from a claim based upon contract, warranty, tort (including negligence and strict liability), or any other legal theory, shall not under any circumstances exceed the actual amount paid by the Participant for the product or service giving rise to the liability.
National is not responsible for any personal property left at National premises or on the EBike before, during, or following Activities. Participants assume all risk of loss if Participants leave any such item and agree to indemnify National in the event some third person leaves any personal items.
All sales are final.