EBike Edmonton & Ebike Calgary Inc.
Purchase Terms and Conditions
These Consumer Purchase Terms and Conditions (the “Terms”) are an agreement between you and EBike Edmonton & Ebike Calgary Inc. ("EBE”, or "EBC"), a Canada limited liability company (“EBE/EBC”, “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 and EBC (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 and EBC, 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 and EBC, 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 EBC 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 and EBC, 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 THAT 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 and EBC 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 ability to operate an Ebike should not operate an Ebike. In addition to the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
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, other third parties and their property, or to the property of EBE and EBC.
2. You agree to hold harmless EBE and EBC, 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 and EBC, 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 and EBC 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 EBC 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, and electric equipment that has performance and reliability limits seen and unforeseen, and your experience and handling of the equipment may impact the experience. You agree not to provide negative, unfavorable, or misleading reviews on any platform. and are subject to EBE and EBC requesting immediate removal. Failure to immediately remove negative reviews may result in action and legal costs and are subject to the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT. You agree to indemnify EBE and EBC against all losses.
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 and EBC 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 and EBC 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 and EBC to any court of competent jurisdiction. If you have any questions or comments regarding these Terms, you may contact EBE and EBC by any of the methods available on our website at or by email at bike@ebikeedmonton.com.
EBike Edmonton & Calgary Inc. Limited Warranty, Claims Process and Return Policy
Have a warranty issue or return, contact the EBike Edmonton & Ebike Calgary (EBE and EBC) Support Team at or phone at 1.780.249.2453. The Support Team will work with you to identify potential simple fixes for the problem.
EACH BRAND IS COVERED BY ITS OWN WARRANTY PROGRAM. PLEASE CHECK THE BRAND'S WEBSITE FOR THEIR WARRANTY INFORMATION.
Labour and specified parts may not be covered, depending on the Brand.
DETERMINING WHETHER DAMAGE OR DEFECT IS COVERED UNDER WARRANTY OR RETURN IS AT THE SOLE DISCRETION OF EBE and EBC.
EBE and EBC is under no obligation to perform work on bikes not purchased from EBE and EBC.
EBike Edmonton & Ebike Calgary Inc. (“EBE” & "EBC") Ebikes (the “Ebikes”) namely, SILVERBACK and THRILL MODELS, , 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 and EBC, 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.
EACH BRAND has its own Limited Warranty. Check the brand website for more information.
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 and EBC makes no warranty, representation, or guarantee regarding the suitability of its products and services for any particular purpose EBE and EBC 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 & EBC; ●
· 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:
EACH BRAND has its own claims process. Check the brand website for more information.
EBE and EBC 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 and EBC Technical Support team by email at bike@ebikecalgary.com or by phone).
• 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 & EBC’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 and EBC 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 and EBC Technical Support team by email at bike@ebikeedmonton.com
• 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 and EBC without the written consent of EBE and EBC 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 & Calgary 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 & Calgary 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.
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, whether 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, demands, 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 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.
OFF ROAD VEHICLE WAIVER
OFF-ROAD VEHICLES ARE NOT AN EBIKE
OFF-ROAD USE ONLY - NO STREET USE
This OFF ROAD Vehicle is NOT classified as a power bicycle under Alberta law.
This vehicle is sold for off-road use only and is not for use on public roads, sidewalks, bicycle paths, highways or other prohibited areas.
Off-Highway Vehicle laws apply
The Dealer makes no representation, warranty, or guarantee that this vehicle can be registered, licensed, insured, or legally operated for any particular use or in any jurisdiction.
Must be 18 of age to purchase.
OFF-ROAD and Power Equipment are NOT returnable. All sales are final.
This vehicle is sold for off-road use only and may not be legal for use on public roads, sidewalks, bicycle paths, or highways.
Customer is responsible for verifying licensing, registration, insurance, and lawful operation.
No verbal representations or promises are binding unless written in this agreement.
This vehicle is not classified as a power bicycle under Alberta law.
The Purchaser acknowledges that certain insurance providers may refuse coverage for this vehicle due to its classification, specifications, import status, intended use, modifications, or lack of on-road certification. The Dealer has made no representations, warranties, or guarantees.
OFF-ROAD and Power Equipment are NOT returnable. All sales are final.
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 THAT 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 Product only if you understand the controls and their operation and are comfortable and in complete control with its operation. Inexperienced persons or persons with medical conditions that impact their ability to operate an Ebike should not operate the Product.
In addition to the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
1. You acknowledge that there are inherent anticipated and unanticipated risks and dangers involved with the use of our Products, 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, other third 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 (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 and electric equipment that has performance and reliability limits seen and unforeseen, and your experience and handling of the equipment may impact the experience. You agree not to provide negative, unfavorable, or misleading reviews on any platform. and are subject to EBE requesting immediate removal. Failure to immediately remove negative reviews may result in action and legal costs and are subject to the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT. You agree to indemnify EBE against all losses.
EACH BRAND IS COVERED BY ITS OWN WARRANTY PROGRAM. PLEASE CHECK THE BRAND'S WEBSITE FOR THEIR WARRANTY INFORMATION.
Labour and specified parts may not be covered, depending on the Brand.
DETERMINING WHETHER DAMAGE OR DEFECT IS COVERED UNDER WARRANTY OR RETURN IS AT THE SOLE DISCRETION OF EBE.
Shipping and handling charges are not included or covered by the Limited Warranty.
REASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
REL(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”, "Off Road Vehicle", "Product", "Power Equipment" , herein referred to as the "Product" 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 by the Releasees and shall include, but is not limited to, riding and/or use of an electric bike, off road vehicle, power equipment, snow bikes and snow karts, battery powered bicycle, EBike purchases, Ebike sales, or any other Product that is sold, advertised or serviced and trying the Product, Product rental; orientational and instructional courses, seminars and sessions, travel and other such activities, events and services.
AGREEMENT
I accept full responsibility for the Product and agree and I authorize EBike Edmonton Inc. to process payment for the Product. I am fully responsible for inspecting the Product 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 Product if I am able to operate the Product safely and competently and for which I am in full and complete control of the Product. 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 Product 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 Product. I acknowledge and agree that I am solely responsible for the proper use, operation, and maintenance of the Product, including but not limited to ensuring that the Product 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 Product 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 may be mandatory under provincial law. I am aware that Product use is subject to all applicable municipal, provincial, and federal regulations. I am familiar with the proper use of the Product and 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 Product and Equipment.
ASSUMPTION OF RISKS
I am aware that the use of Product and Equipment involves many risks, dangers and hazards including, but not limited to: mechanical failure of the Product, 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 use of the Product; 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 Product and equipment and the risks associated with changing the settings, including the speed. 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 the Product or 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 Product or 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 OPPORATING THE PRODUCT OR EQUIPMENT 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 PRODUCT 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 use of the Product.
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 Product, 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 Product or Equipment, whether caused by my own actions, the actions of others, and any information provided on the settings of the Product.
5. I acknowledge that changing the settings or making modifications of a Product 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 Product or equipment, the terrain, weather, and other factors beyond the control of the Releasees of the Product or Equipment.
4. I agree to assume all risks associated with the changing of settings or making modifications of the Product or Equipment and agree to hold harmless and indemnify the Releasees from any and all liability, claims, demands, actions, or causes of action, howsoever caused, of any kind, arising out of or related to the use of the Product.
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 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.
