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PURCHASE TERMS AND CONDITIONS, WARRANTY CERTIFICATE, RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

Purchase Terms and Conditions


These Consumer Purchase Terms and Conditions (the “Terms”) are an agreement between you and Ebike Edmonton Inc. ("EBE”), a Canada limited liability company (“EBE”, “us” or “we”), and apply to all consumer purchases by you of any model of electric bikes (“Ebike(s)”) and/or related accessories or other products offered by EBE (collectively with Ebikes, the “Products”) in Canada only.


Purchases are subject to the applicable Terms and Conditions contained on our website. By purchasing any Products from EBE, whether online or through our Agent, you hereby agree to these Terms in their entirety.


1. DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED BY EBE, INCLUDING BUT NOT LIMITED TO THE EBIKES, ARE WARRANTED ONLY TO THE EXTENT EXPRESSLY STATED IN THE APPLICABLE PRODUCT LIMITED WARRANTY PROVIDED WITH YOUR PRODUCT. THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. EBE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY
REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, QUIET ENJOYMENT, OR
NON-INFRINGEMENT. IN PARTICULAR, EBE, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE; (B) OR (B) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE
CORRECTED.


2. LIABILITY. WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A DIRECT RESULT OF OUR BREACH OF THESE TERMS AND WHICH ARE REASONABLY FORESEEABLE. OUR LIABILITY FOR SUCH LOSSES SHALL BE LIMITED TO THE PURCHASE PRICE OF OUR PRODUCTS GIVING RISE TO SUCH LOSSES. WE ARE NOT LIABLE FOR ANY OTHER LOSSES.


3. DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EBE OR ANY OF ITS AFFILIATES/EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL,; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OR THE PRODUCTS.


ACKNOWLEDGEMENT AND INDEMNIFICATION


Use your Ebike only if you understand the controls and their operation and are comfortable and in complete control with its operation. Inexperienced bike riders and persons with medical conditions which impact their abilityto operate an Ebike should not operate an Ebike.


1. You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, including the Ebikes, whether intended use or as a result of misuse. You understand that such risks can result in injury, death, illness or disease, physical or mental damage to yourself, your property, otherthird parties and their property, or to the property of EBE.


2. You agree to hold harmless EBE, its directors, officers, employees, agents, members, partners, suppliers, and licensors in respect of all liabilities, loss, expenses, fines, claims, demands, action or causes of action of any kind and howsoever caused and for which the Purchaser may become liable or by reason of breach or non-performance of any covenant, agreement or proviso, including the safe operation of the Ebike or by reason of an act or default by the Purchaser including property damage, personal injury, injury to others, or death. This indemnity shall, where the breach, non-performance, damage to property, personal injury or death occurs during the ownership of the Product, survive the termination of ownership.

3. You agree to protect and indemnify EBE, its directors, officers, employees, agents, members, partners, suppliers, and licensors and hold harmless from, including those of third parties, and against any and all loss, claims, liability or costs (including solicitor-client costs) incurred by reason of: (a) Any damage to any property or any injury, including death, to any person occurring form the use of our Products or Ebikes; or (b) The use, conduct or management of anything whatsoever done by you or others of our Product; (c) You or others failure to
comply with any and all governmental laws, ordinances and regulations or terms of this Agreement applicable to the condition or use of the Product. You further agree that EBE shall not be liable for any personal injuries or damage to any goods, wares, or property, regardless of how such injuries or damages may be caused.


4. You agree to release, waive, defend, indemnify, and hold EBE and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable solicitor-client costs, relating to or arising from: (a) your purchase or use of any Products; or (b) any violation by you of these Terms.


5. REVIEWS
We appreciate all reviews. Reviews impact our business and we take great care to ensure our customers have a great experience. However, mechanical, electric equipment that has performance and reliability limits seen and unforeseen. You agree not to provide negative, unfavorable or misleading reviews on any platform and are subject to the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.


6. To Ride An Ebike


You are required::
To be over the age of 12
To follow the rules of the road
To not exceed 32 kmh
To wear a helmet. If you do not think your helmet is right for you, then change your helmet You
must have a bell and rear reflector
To be familiar with the operation and controls of the eBike


You Must:
You must check your EBike prior to each ride
Check all items on the bike are in good working order
Check the wheel, seat and handlebar quick releases are correctly fastened
Check the brakes and throttle are functioning correctly
You must understand the operation of the EBike
You must be competent and physically able to operate a motorized bike
You must be 100% responsible for the mechanical condition and operation of the ebike while in your
possession.
You must not change speed settings over the legal limit for your area.
You must not change the EBike Classification. A Class 1 and Class 2 EBike shall not to be changed to a Class 3 EBike. Changing an EBike to Class 3 and its operation, is the sole risk and responsibility of the owner and operator.


7. You agree to the EBE Limited Warranty and RELEASE OF LIABILITY WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT.


8. These Terms and any disputes between you and EBE will be governed by the laws of the Province of Alberta and
the federal laws of Canada applicable therein.


9. We reserve the right to refuse service, terminate accounts, issue refunds, void warranties, or cancel orders at our sole discretion. You hereby waive any right to appeal any decision of EBE to any court of competent jurisdiction. If you have any questions or comments regarding these Terms, you may contact EBE by any of the methods available on our website at or by email at bike@ebikeedmonton.com.


01/06/2023

 

Ebike Edmonton Warranty Certificate

EBike Edmonton Inc. Limited Warranty, Claims Process and Return Policy
Have a warranty issue or return, contact the EBike Edmonton (EBE) Support Team at or phone at 1.780.249.2453. The Support Team will work with you on the problem to identify potential simple fixes.


DETERMINING WHETHER DAMAGE OR DEFECT COVERED UNDER WARRANTY OR RETURN IS AT THE SOLE DISCRETION OF EBE.


All EBike Edmonton Inc. (“EBE”) Ebikes (the “Ebikes”), and their Covered Components (as defined herein), are protected against defects ("Limited Warranty”) for 1 year from the purchase date or 500 Kilometers, whichever comes first ("Warranty Period”), in accordance with the following terms:


● Limited Warranty solely covers the original purchaser and cannot be assigned to any third party.
● The Warranty Period begins from the date of purchase of the Ebike.
● The Limited Warranty is limited to the replacement cost of the defective item.
● Limited Warranty only extends to coverage of the following components: the battery, frame, forks, stem, handlebar, headset, seat post, bottom bracket, crankset, pedals, , freewheel, cassette, derailleur, shifter, motor, throttle, controller, wiring harness, and LCD display. (each a “Covered Component”).
● The Covered Component is warranted to be free of defects in materials and/or workmanship during the Warranty Period.
● If a Covered Component is covered by the Limited Warranty and defective, EBE, at its sole discretion, will replace or repair the Covered Component with new or refurbished parts.
● Shipping and handling charges are not included or covered by the Limited Warranty.
● Limited Warranty matters must follow the Claims Process procedures.
This Limited Warranty Does Not Cover:
● Accessories;
● Normal wear and tear;
● Seats, saddles, baskets, racks, rims, wheels, hub, spokes, tires, tubes, brake pads, cables and housing, grips,
throttles, chain, lights, light attachments, light bulbs;, kick stand, reflectors and hardware.
● Any damage or defects to Covered Components resulting from failure to follow instructions in the Ebike owner’s manual, acts of God, accident, misuse, neglect, abuse, commercial use, alterations, modification, improper assembly, installation of parts or accessories not originally intended or compatible with the Ebike as sold, operator error, water damage, extreme riding, stunt riding, freezing or improper maintenance, use or storage;
● Damage, failure or loss caused by any unauthorized service or use of unauthorized parts; ● The battery is not warranted from damage resulting from power surges, use of an improper charger,
improper charging, improper maintenance or other such misuse, normal wear and tear, water damage,
or freezing;
● Purchases subject to credit card chargebacks void the Limited Warranty.
Product Disclaimer Notice
● EBE makes no warranty, representation, or guarantee regarding the suitability of its products and services for any particular purpose EBE assume any liability whatsoever arising out of the application or use of
any product;
● The entire risk of use of the products and their suitability is entirely with the Buyer or user of the product; ● The Buyer shall not rely on any data and performance specifications, or parameters provided by EBE; ● The
pictures, logos, color and specifications may vary and may not be an exact representation of the item; ● Information regarding the expected range on a single charge on Ebike is an estimate and varies on a case by
case basis;
● All Ebikes are compliant with the federal laws of Canada. It is your responsibility to be aware of specific
municipal and/or provincial restrictions on the use or operation of the Ebike in your community; ● Any alterations, modifications, or other changes made to the Ebike following your purchase shall void the Limited
Warranty and shall be at your sole risk.


CLAIMS PROCESS:


EBE WILL NOT REPLACE ANY COVERED COMPONENT UNDER THIS LIMITED WARRANTY WITHOUT FIRST SEEING THE PRODUCT, PHOTOS OR VIDEO OF THE DAMAGED COVERED COMPONENT.


In order to receive a replacement for a Covered Component under this Limited Warranty, you must:


Contact the EBE Technical Support team by email at bike@ebikeedmonton.com or by phone at 1-780-249-2453(BIKE).


• If the Covered Component must be replaced, we will provide you with instructions for returning the Covered Component.
• You will be responsible for shipping costs associated with returning a Covered Component. • Replacement Covered Components shall only be shipped to the address of the original purchaser.


THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND EBE’S ENTIRE LIABILITY AND OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE E-BIKE. WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.


TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW EBE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE FOR THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

 

RETURN POLICY


If you’re not satisfied with an item, you may return or exchange it within 5 days of the original purchase date. Ebikes must not have more than 20 kilometers on the odometer, to be returnable. See Returns - Ordered And Received
below.


ACCESSORIES

Helmets are not returnable.
Accessories and ebikes sold at a discount are not refundable.
Accessories are returnable for a full refund within 30 days of the original purchase date. The original purchase receipt must accompany the refund. A refund can only be made on the original method of purchase.


Have a Return? Contact the EBE Technical Support team by email at bike@ebikeedmonton.com or by phone at 1-780.249.2453


• Purchased Products that have not yet shipped may be canceled for a full refund.
• Contact us and obtain an RMA Return of Merchandise Authorization prior to returning any item.
• Take pictures to help us with your return and warranty.
• You have up to 5 days or up to 20 kilometers, to try your Ebike. If you do not like it after 5 days, or 20 kilometers or less, you can return it in the same boxes and packing material it came with along with all the paperwork.
• Returned items are subject to a twenty-five percent (25%) restocking fee.
• Payment processing fees on purchases or returns are not refundable.
• Refunds will be made to the same form of payment as the original purchase.
• Shipping Fees, Chargebacks and Payment Processing Fees are non-refundable.
• Any Products sent back to EBE without the written consent of EBE shall be rejected and returned to you at your cost.
• Refunds or exchanges are not accepted on reduce priced items, discounted special/custom orders or items, or accessories.

 

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (Hereinafter referred to as the “Release Agreement”)


BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!


ORGANIZATION NAME: EBike Edmonton Inc. and its directors, officers, employees, instructors, guides, agents, representatives, independent
contractors, subcontractors, suppliers, manufacturers, sponsors, successors, insurers, insurance intermediary and assigns (all of whom are
hereinafter referred as “the Releasees”)


DEFINITION
In this Release Agreement, the term “Bike” or "Biking” shall include all activities, including sales, equipment rental, Bike and EBike rental, events which
are provided by, arranged, organized, conducted, sponsored or authorized and servicing including, but not limited to, equipment exchanges, repairs, tune
ups and servicing of any kind to bikes and Ebikes by the Releasees and shall include, but is not limited to, riding and/or use of an electric bike, snow bikes
and snow karts, battery powered bicycle, EBike purchases, Ebike sales, or biking; trying out a bike; Ebike rental; orientational and instructional courses,
seminars and sessions, travel and other such activities, events and services in any way connected with or related to Biking.


AGREEMENT
I accept full responsibility for the bike, Ebike or snow bike or snow kart equipment (“the Equipment”) and agree to pay for any damage to the Equipment
and replace the Equipment at full retail value if not returned in the same condition it was received by the agreed date. I authorize EBike Edmonton Inc.
to process payment for any damage to the Ebike to the credit card provided on file and/or to pursue legal remedies, including legal expenses for
payment. I fully am responsible for inspecting the bike, Ebike and Equipment prior to using it and during its operation and in my possession and will not
operate if I consider it unsafe, I will only operate the Equipment if I am able to operate the Equipment safely and competently and for which I am in full
and complete control of the Equipment. I will not ride while standing, perform jumps or tricks. I will be in full control and be responsible for the operation
of the throttle, brakes, display and switch, steering, pedals and all other parts of the equipment at all times. I am solely responsible and liable for any
alteration, including but not limited to its hardware, electronics, speed, or settings to the Equipment. I acknowledge and agree that I am solely
responsible for the proper use, operation, and maintenance of the EBike, including but not limited to ensuring that the EBike is used in compliance with
all applicable laws and regulations, and that it is in good working order before each use.


SAFETY
I agree to obey all traffic laws, signs and signals while using the EBikes on public and private property, and to exercise caution and good judgment to ensure the safety of myself and others.


I acknowledge that I have been advised to wear a helmet. Wearing a helmet while Biking may be mandatory under provincial law. I am aware that
Biking is subject to all applicable municipal, provincial, and federal regulations. I am familiar with the proper use of the Equipment, including all quick
release mechanisms, brakes and gear shifters, throttle, computer, displays, speed control systems, controller, battery, bells, horns, lights. I am aware
that there are persons available to answer any questions that I may have as to the proper use of the Equipment.


ASSUMPTION OF RISKS
I am aware that Biking and the use of Equipment involves many risks, dangers and hazards including, but not limited to: mechanical failure of the Equipment, loss of balance; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, sand, gravel, trees, and manmade structures; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for biking; travel on highways and backcountry roads; encounters with domestic and wild animals including dogs; collision with pedestrians, motor vehicles, and cyclists; negligence of other participants; and NEGLIGENCE ON
THE PART OF THE RELEASEES AND THE MANUFACTURERS AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am aware of
infectious or communicable diseases contracted through viruses, COVID, bacteria, parasites, and fungi which may be transmitted through direct or indirect
contact is also a risk.


I acknowledge that I have been provided with information regarding the use of the Bike, EBike and equipment and the risks associated with changing the
settings, including the speed, of an Ebike. I have been given the opportunity to ask questions and receive satisfactory answers to all my questions.


I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BIKING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.


In consideration of the RELEASEES agreeing to sell, lend, try or rent me Bikes, Ebikes, Equipment and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:


1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES from any and all liability for any loss, damage,
expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in biking or the use of the
Equipment, DUE TO ANY CAUSE WHATSOEVER, AND HOWSOEVER CAUSED INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR
BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY
ACT R.S.A. 1980, c 0)-3 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES
TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS IN PARTICIPATING OR IN BIKING; OR DUE TO
NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN,
MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, RENTAL, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, OR IN
RESPECT OF THE PROVISION OF PROVIDING OR THE FAILURE TO PROVIDE ANY INFORMATION, WARNINGS, DIRECTIONS,
INSTRUCTIONS, OR GUIDANCE AS TO THE USE OF THE BIKE OR EQUIPMENT.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party
resulting from my participation in Biking or my use of the Equipment.
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3. I agree to release, hold harmless and waive any claims against the Releasees and indemnified parties arising out of or related to the use of the EBike or
Equipment, including any claims from or related to the negligence of the Releasees or indemnified parties.

4. I hereby hold harmless, waive and release any and all claims, demands, actions, or causes of action of any kind, howsoever caused, arising out of any
changes made to the settings of the Bike or equipment, weather caused by my own actions, the actions of others, and any information provided on the
settings of the Bike or equipment.

5. I acknowledge that changing the settings or making modifications of a Bike or equipment carries inherent dangers and risks, including but not limited to
the risk of injury or death. I understand and acknowledge that these risks may be increased by my own actions or inactions, the actions or inactions of
others, the condition of the Bike or equipment, the terrain, weather, and other factors beyond the control of the Releasees of the bike or equipment.

4. I agree to assume all risks associated with the changing of settings or making modifications of the Bike or equipment, and agree to hold harmless and
indemnify the Releasees from any and all liability, claims, demans, actions, or causes of action, howsoever caused, of any kind arising out of or related
to the use of the Bike or equipment.

5.. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of
my death, injury or incapacity.

6. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted
solely in accordance with the laws of the Province of Alberta and no other jurisdiction; and

7. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta shall be within the exclusive
jurisdiction of the Alberta Courts.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the
safety of participating in Biking, other than what is set forth in this Release Agreement.


I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING
THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS,
ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.


2-19-2023